Sol_1333MF24Q0041.pdf

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Attached to
NWFSC Trawl wire Federal contract opportunity
Solicitation number
1333MF24Q0041
Issued by
Department of Commerce National Oceanic and Atmospheric Administration

About this file

This document is a Combined Synopsis/Solicitation for the purchase of four spools of 7500 feet each of galvanized 6x19 IWRC wire rope for use on commercial fishing trawlers, for the National Oceanic and Atmospheric Administration (NOAA) Fisheries Resource Analysis and Monitoring Division (FRAM). The solicitation is being issued as a total Small Business Set-Aside, with a NAICS code of 332618 and a small business size standard of 500 employees. Quotes are due by the date specified in the SAM.gov offers due field, and must be submitted electronically via email. The Government intends to award a single firm fixed-price purchase order on a low-priced, technically acceptable basis, with payment terms of Net 30. Delivery is required by May 15, 2024 to the Northwest Fisheries Science Center in Seattle, WA. Offerors must be registered in the System for Award Management (SAM) and provide their unique entity identifier (UEID) and CAGE code with their quote.

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Sol_1333MF24Q0041_Amd_0002.pdf PDF
Sol_1333MF24Q0041_Amd_0001.pdf PDF
Redacted_Brand_Name_Justification_24-151_Trawl_Wire.pdf PDF

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COMBINED SYNOPSIS/SOLICITATION

BRAND NAME REQUEST FOR TRAWL WIRE

THERE HAVE NOT BEEN PROCUREMENTS SINCE 2018. VENDORS CAN CONSULT

FPDS.GOV FOR ANY PREVIOUS PURCHASES.

(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice and in accordance with the simplified acquisition procedures authorized in FAR Part

13. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

(ii) This solicitation is issued as a request for quotation (RFQ). Submit written quotes on RFQ Number 1333MF24Q0041 .

(iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2024-03 (Feb 2024).

(iv) This solicitation is being issued as a total Small Business Set-Aside. The associated NAICS code is 332618 . The small business size standard is 500 employees.

(v) This combined solicitation/synopsis is for the purchase of the following commercial items:

CLIN 0001

Purchase of Four spools containing 1250 fathoms (7500 feet or 2286 meters) of compacted (Dyfrom) steel (galvanized) core 5/8” (16mm) Independent Wire Rope Core (IWRC) wire rope, in accordance with the Statement of Need. Deliver by May 15, 2024

(vi) Description of requirements is as follows:

See attached Statement of Need for a complete list of requirements for the required trawl wire.

(vii) Date(s) and place(s) of delivery and acceptance:

Deliver by May 15, 2024

Delivery shall be FOB Destination t o

NORTHWEST FISHERIES SCIENCE CENTER

2725 Montlake Blvd East Seattle WA 98112

(viii) FAR provision 52.212-1 , Instructions to Offerors-Commercial Products and Commercial Services (Sept 2023), applies to this acquisition and can be found on the Request for Quote form SF18 attachment.

(ix) FAR provision 52.212-2 , Evaluation-Commercial Products and Commercial Services (Nov 2021), applies to this acquisition and can be found on the Request for Quote form SF18 attachment.

https://www.acquisition.gov/far/part-52#FAR_52_212_1 https://www.acquisition.gov/far/part-52#FAR_52_212_2

(x) FAR provision 52.212-3 , Offeror Representations and Certifications-Commercial Products and Commercial Services (Feb 2024), applies to this acquisition and can be found on the Request for Quote form SF18 attachment. Offerors are advised to include a completed copy of the provision with its offer.

(xi) FAR clause at 52.212-4 , Contract Terms and Conditions-Commercial Products and Commercial Services (Nov 2023), applies to this acquisition and can be found on the Request for Quote form SF18 attachment.

(xii) FAR clause at 52.212-5 , Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services (Feb 2024), applies to this acquisition apply can be found in full text on the Request for Quote form SF18 attachment.

(xiii) Any additional contract requirement(s) or terms and conditions that apply can be found on the Request for Quote form SF18 attachment.

(xiv) Defense Priorities and Allocations System (DPAS) and assigned rating does not apply.

(xv) Quotes are required to be received in the contracting office no later than the date specified in the SAM.gov offers due field . All quotes must be submitted electronically via email to shawana.randolph@noaa.gov

(xvi) Any questions regarding this solicitation should be submitted electronically via email to shawana.randolph@noaa.gov.

UTILIZATION OF FEDCONNECT® FOR CONTRACT ADMINISTRATION

The Department of Commerce will utilize the FedConnect® web portal in administering this award. The contractor must be registered in FedConnect® and have access to the FedConnect® website located at https://www.fedconnect.net/Fedconnect/. For assistance in registering or for other FedConnect® questions please call the FedConnect® Help Desk at (800) 899-6665 or email at support@fedconnect.net. There is no charge for registration in or use of FedConnect®.

(End)

1352.215-72 Inquiries (Apr 2010)

OFFERORS MUST SUBMIT ALL QUESTIONS CONCERNING THIS SOLICITATION IN

WRITING VIA EMAIL TO shawana.randolph@noaa.gov. QUESTIONS SHOULD BE RECEIVED NO LATER THAN 2 days before offerors are due. Any responses to questions will be made in writing, without identification of the questioner, and will be included in an amendment to the solicitation. Even if provided in other form, only the question responses included in the amendment to the solicitation will govern performance of the contract.

(End of clause)

FAR 52.212-1 Instructions to Offerors-Commercial Products and Commercial Services (Sep 2023) https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_212_4 https://www.acquisition.gov/far/part-52#FAR_52_212_5

NOTICE TO OFFERORS: Instructions for submitting quotations under this request for quote must be followed. Failure to provide all information to aid in the evaluation may be considered non-responsive. Offers that are non-responsive may be excluded from further evaluation and rejected without further notification to the offeror.

1. Submit PDF or Microsoft Word format quotations to the office specified in this solicitation at or before the time specified in the solicitation. Email quotes are required and can be sent to shawana.randolph@noaa.gov

2. PRICING SHALL BE SEPARATE FROM TECHNICAL INFORMATION

3. Offeror shall have an active registration in the System for Award Management (SAM found at https://sam.gov/content/home ) in order to provide a quote and be eligible for award. Must provide their UEID/CAGE CODE with their quote.

4. Offerors shall assume that the Government has no prior knowledge of them or their capability.

5. Offerors must provide all evaluation criteria in accordance with FAR 52.212-2. Offerors who do not provide all evaluation criteria will not be accepted.

“THE GOVERNMENT DOES NOT ACCEPT RESPONSIBILITY FOR NON-RECEIPT OF

QUOTES. IT IS THE CONTRACTOR’S RESPONSIBILITY TO REQUEST AND RECEIVE

A CONFIRMATION OF THE QUOTE RECEIPT”.

FAR 52.212-2 Evaluation- Commercial Products and Commercial Services (Nov 2021) Offers will be evaluated based on price and the factors set forth in paragraph (a).

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. Paragraph (a) is hereby completed as follows: Evaluation will be based on the following;

1. Specification Sheet.

2. Price.

The Government intends to award a low priced, technically acceptable, single firm fixed-price purchase order on an all or none basis with payment terms of Net 30.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision) https://sam.gov/content/home

1333MF24Q0041

1. REQUEST NO.

5a. ISSUED BY

NAME

a. NAME

c. STREET ADDRESS

d. CITY

10. PLEASE FURNISH QUOTATIONS TO

THE ISSUING OFFICE IN BLOCK 5a ON

OR BEFORE CLOSE OF BUSINESS (Date)

2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG.1

RATING

6. DELIVERY BY (Date)

7. DELIVERY

9. DESTINATION

a. NAME OF CONSIGNEE

b. STREET ADDRESS

PAGE OF PAGES

5b. FOR INFORMATION CALL: (No collect calls)

TELEPHONE NUMBER

AREA CODE NUMBER

8. TO:

b. COMPANY

e. STATE f. ZIP CODE

c. CITY

d. STATE e. ZIP CODE

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

THIS RFQ

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

IS IS NOT A SMALL BUSINESS SET ASIDEX

03/23/2024

1 39

601 EAST 12TH STREET SUITE 1746

KANSAS CITY MO 64106

NMFS Field Delegates 05/15/2024

NW FISHERIES SCIENCE CENTER

2725 MONTLAKE BLVD EAST

/F/NWC

SEATTLE

WA 98112

SHAWANA RANDOLPH

04/02/2024 1200 ED

FOB DESTINATION

OTHER

(See Schedule)X

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations

13. NAME AND ADDRESS OF QUOTER

b. STREET ADDRESS

c. COUNTY

d. CITY e. STATE f. ZIP CODE

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

16. SIGNER

a. NAME (Type or print)

c. TITLE (Type or print)

a. NAME OF QUOTER

AREA CODE

NUMBER

15. DATE OF QUOTATION

b. TELEPHONE are are not attached

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

STANDARD FORM 18 (REV. 6-95)

Prescribed by GSA - FAR (48 CFR) 53.215-1(a)

1333MF24Q0041 BASE

Section II - Supplies or Services and Price/Costs Section III - Description/Specifications Section IX - Contract Clauses Section X - List of Attachments

Section II - Supplies or Services and Price/Costs

CLIN List

Item Number Description QuantityUnit Unit Price Amount

CONTENTS OF A BID PACKAGE

Offerors are to return the following information:

Page 1 (complete blocks 12-16) or submit a quote on Vendor letterhead in accordance with FAR 52.212-1, Instructions to Offerors --Commercial Products and Commercial Services (NOV 2021)

Section II (enter “Unit Price” and “Amount” for each applicable line item) or submit a quote on Vendor letterhead in accordance with FAR 52.212-1, Instructions to Offerors --Commercial Products and Commercial Services (NOV 2021) Vendors who choose to return a quote on their company letterhead must provide a statement that they accept the terms and conditions as outlined in the solicitation and as set forth by the government.

Provide an email address and phone number where you can be reached for future correspondence or provide the same information on quote:

Provide your registered SAM.GOV Unique Entity ID number on the line or include on quote:

Provide your SAM.GOV CAGE number on the line or include on quote: _____________________________

Vendor shall provide your WILL or WILL NOT Statement per 52.204-24 (NOV 2021) UNLESS your Reps and Certs have been updated in SAM per 52.204-26 (OCT 2020)

As required return responses in accordance with provision

“52.212-3 OFFEROR REPRESENTATIONS AND

CERTIFICATIONS-COMMERCIAL Products and Commercial Services (NOV 2021) (DEVIATION 2020-11) (AUG 2020)”

If applicable, Vendor shall provide response in accordance with 52.225-2 BUY AMERICAN CERTIFICATE (FEB 2021)

Provide all documentation required to fulfill Evaluation Factor requirements as further explained in the “Evaluation Factors” section of the Statement of Need and 52.212-2 Evaluation—Commercial Products and

Item Number Description QuantityUnit Unit Price Amount

Commercial Services

In order to be considered for award you must submit a complete package in accordance with the requirements listed above and stated in the solicitation package. If you do not submit all of the required items you may be considered non-compliant.

NOTICE: THE GOVERNMENT DOES NOT ACCEPT

RESPONSIBILITY FOR NON-RECEIPT OF QUOTES. IT IS THE

CONTRACTOR’S RESPONSIBILITY TO REQUEST A

CONFIRMATION OF THE QUOTE RECEIPT.

Four spools containing 1250 fathoms (7500 feet or 2286 meters) of compacted (Dyfrom) steel (galvanized) core 5/8” (16mm) Independent Wire Rope Core (IWRC) wire rope, in accordance with the Statement of Need.

Award Type: Firm-fixed-price

Section III - Description/Specifications

STATEMENT OF NEED (SON)

STATEMENT OF NEED

National Oceanic and Atmospheric Administration (NOAA) NOAA Fisheries Northwest Fisheries Science Center Fisheries Resource Analysis and Monitoring Division 4 Spools of 7500 feet (each) Galvanized 6X19 IWRC for Use on Commercial Fishing Trawlers

PURPOSE: Acquisition of 4 Spools of 7500 feet (each) Galvanized 6X19 IWRC for use on Commercial Fishing Trawlers.

SCOPE OR MISSION: The Fisheries Resource Analysis and Monitoring Division (FRAM), of the Northwest Fisheries Science Center (NWFSC), National Oceanic Atmospheric Administration (NOAA) is requesting proposals for the acquisition of four (4) spools of commercial trawl fishing wire rope, each spool shall contain 1250 fathoms (7500 feet or 2286 meters) of 5/8” (16mm) cable. The acquisition of this trawl wire is critical for the successful completion of the 2024-2027 West Coast Groundfish trawl surveys.

BACKGROUND: Since 1997 FRAM has conducted bottom trawl surveys off the coast of the Continental United States from the Canadian Border to the Mexican Border in depths ranging from 30 to 700 fathoms (180 to 4200 feet). These annual surveys provide stock assessment managers with critical data required for the management of biologically and economically important fish stocks located in these waters. FRAM contracts four to five commercial fishing vessels per year to perform these stock assessment surveys. FRAM supplies its charter fishing vessels with trawl warp cable to deploy its bottom trawl sampling net. The samples that are recovered are imperative to the calculation of catch per unit effort (CPUE) which in turn, is used directly by West Coast Fisheries Management. FRAM’s current trawl warps have been used for three seasons and are no longer suitable for use.

There are many safety reasons to replace the current wire rope; once deployed, the bottom trawl puts tremendous strain on the trawl warp that is used. Three years of salt water corrosion, seafloor substrate abrasion, and radial pressures around the winch drum and trawl block have further extracted useful life from the wire rope. During sampling operations FRAM has a significant investment of equipment in the water including; acoustic net mensuration equipment, sensor recorders, and the net itself, which is being towed over variable and harsh bottom, so there is substantial fiscal pressure to replace the wire rope (cable); if the wire breaks, FRAM will lose an estimated 225K in equipment. The wire ropes will be used as the “main wires” or “trawl warps” on trawlers ranging from 65 to 95 feet with horsepower ranging from 450 to 1000.

TECHNICAL SPECIFICATIONS:

1. Four spools containing 1250 fathoms (7500 feet or 2286 meters) of compacted (Dyfrom) steel (galvanized) core 5/8” (16mm) Independent Wire Rope Core (IWRC) wire rope.

2. Each spool shall be of 1250 fathoms of contiguous wire, no splices or additions.

3. Each strand shall be drawn galvanized with zinc and shall be as specified in ASTM A1023/A

1023M.

4. Steel will be of XIP® (Extra Improved Plow Steel Grade; EIPS) or equivalent.

5. Each spool shall be pre-formed (compacted) or double swaged.

6. Wire rope must be of 6X19 IWRC standard right regular lay.

7. Wire rope shall be made of Seale, the construction method.

8. Wire rope will have a breaking force equal to or greater than 1570N/mm, of kN=168 or Kgf

=17,100 or 41,000 pounds and shall meet or exceed the minimum breaking strength (force) requirements specified in standard ASTM A 1023/A 1023M for the specified diameter.

9. Each spool will be treated with a combination of both penetrating and coating lubricants to reduce friction of the individual wires as they move over each other and to provide corrosion protection and lubrication in the core and inside wires and to reduce wear and abrasion on the exterior surfaces, which includes heavy lube.

10. Wire stand core and IWRC shall be toughly covered with a lubricant for protecting and preserving their wires.

11. Minimum breaking load of 20.6 tons.

12. Minimum Modulus of Elasticity, E, for the cable shall adhere to the ASTM

Standards of Structural Strand specifies the limits at 24,000 killopound per square inch (ksi).

13. Performance benchmarks shall meet are: a high four-ball EP test values, such as a weld point

(ASTM D2783) of above 350 kg and a load wear index of above 50.

14. Wire rope shall meet specifications for corrosion protection; wire rope lubricants shall have salt spray (ASTM B117) resistance values above 60 hours and humidity cabinet (ASTM D1748).

15. Wire rope shall be specifically designed for Commercial Trawl Fishing applications.

16. Wire rope shall meet the tolerance of diameter of standard as specified in ASTM A 1023/A

1023M.

17. Quote shall include any shipping costs

SPECIAL REQUIREMENTS:

DELIVERY SCHEDULE: Delivery by: May 15th, 2024 DELIVERY LOCATION: Units will include shipping to:

NOAA/NWFSC/FRAM/ATTN: POC

NORTHWEST FISHERIES SCIENCE CENTER

2725 Montlake Blvd East Seattle WA 98112

PROJECT LEAD: Provided at time of award EVALUATION CRITERIA: This requirement will be awarded to the offeror with the lowest price technically acceptable (LPTA) quote. Technically acceptable means the items quoted match the specified requirement of the RFQ. Failure to include all required items in the quote will render the quote ineligible for award. The criteria listed are all of equal value and will be evaluated on the basis of pass or fail. Please ensure to include details about what is being offered as just providing a price does not give enough information to deem technically acceptable or not.

1. The quote shall meet the Technical Specifications identified in the Statement of Need.

2. Firm-Fixed price to include FOB Destination.

CONTRACTORS INVOICE

Per NAM 1330-52.232-71 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (FEB 2023) The Contractor must submit payment requests electronically through the U.S. Department of the Treasury's Invoice Processing Platform System (IPP). The Contractor must use the IPP website to register, access, and submit payment requests. The IPP website address is https://www.ipp.gov.

"Payment request" means any request for contract financing payment or invoice payment to the Contractor. To be considered proper, invoices must be prepared in accordance with, and contain all elements specified in, the contract payment clause (e.g., FAR 52.212-4(g), FAR 52.232-25(a)(3), FAR 52.232-26(a)(2), FAR 52.232-27(a)(2)).

The Contractor must include the following documents as attachments to payment requests submitted through the IPP: [Contracting Officer list required invoice attachment(s); none if left blank].

If the Contractor is unable to comply with the requirement to submit payment requests through the IPP due to a threat to national security; a matter of unusual or compelling urgency; or because the political, financial, or communications infrastructure of a foreign country does not support access to the IPP, the Contractor must request an exception in writing. Contact the Contracting Officer for more information about requesting an exception. (End of Clause) https://www.ipp.gov/

Section IX - Contract Clauses

Clauses Incorporated by Reference Clause Number Clause Title

52.204-7 System for Award Management. (OCT 2018)

52.204-26 Covered Telecommunications Equipment or Services- Representation. (OCT 2020)

52.212-4 Contract Terms and Conditions - Commercial Products and Commercial Services. (NOV 2023)

1352.201-70 Contracting Officer's Authority. (MAR 2010) 1352.209-73 Compliance with the laws. (APR 2010) 1352.209-74 Organizational conflict of interest. (APR 2010)

1 Utilization of FedConnect for Contract Administration

The Department of Commerce will utilize the FedConnect® web portal in administering this award. The contractor must be registered in FedConnect® and have access to the FedConnect® website located at https://www.fedconnect.net/Fedconnect/. For assistance in registering or for other FedConnect® questions please call the FedConnect® Help Desk at (800) 899-6665 or email at support@fedconnect.net. There is no charge for registration in or use of FedConnect®.

(End)

52.212-3 Offeror Representations and Certification-Commercial Products and Commercial Services

(FEB 2024)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

(a) Definitions. As used in this provision— "Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

Forced or indentured child labor means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

https://www.sam.gov/ https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.ecfr.gov/current/title-13/part-127 https://www.ecfr.gov/current/title-13/section-127.300

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror.

Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

Inverted domestic corporation, means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Reasonable inquiry has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174).

Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended."Sensitive technology"— Sensitive technology— http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_204_25

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3)of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

Service-disabled veteran-owned small business (SDVOSB) concern means a small business concern—

(1) (i) Not less than 51 percent of which is owned and controlled by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran; or

(2) A small business concern eligible under the SDVOSB Program in accordance with 13 CFR part 128 (see subpart 19.14).

(3) Service-disabled veteran, as used in this definition, means a veteran as defined in 38 U.S.C. 101(2), with a disability that is service connected, as defined in 38 U.S.C. 101(16), and who is registered in the Beneficiary Identification and Records Locator Subsystem, or successor system that is maintained by the Department of Veterans Affairs’ Veterans Benefits Administration, as a service-disabled veteran.

Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB Program means an SDVOSB concern that—

(1) Effective January 1, 2024, is designated in the System for Award Management (SAM) as certified by the Small Business Administration (SBA) in accordance with 13 CFR 128.300; or

(2) Has represented that it is an SDVOSB concern in SAM and submitted a complete application for certification to SBA on or before December 31, 2023.

Service-disabled veteran-owned small business (SDVOSB) Program means a program that authorizes contracting officers to limit competition, including award on a sole-source basis, to SDVOSB concerns eligible under the SDVOSB Program.

Small business concern—

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships.

SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

Small disadvantaged business concern, consistent with13 CFR 124.1001, means a small business concern under the size standard applicable to the acquisition, that—

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by—

(i) One or more socially disadvantaged (as defined at13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding the threshold at 13.CFR 124.104(c)(2) after taking into account the applicable exclusions set forth at 13 CFR124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR https://www.acquisition.gov/far/part-19#FAR_Subpart_19_14 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101&num=0&edition=prelim https://www.ecfr.gov/current/title-13/part-121

124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

Subsidiary means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

Veteran-owned small business concern means a small business concern—

(1) Not less than 51 percent of which is owned and controlled by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

Women-owned business concern means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women Women-owned small business concern means a small business concern—

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.

(b)

(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________.

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the https://www.ecfr.gov/current/title-13/part-127 https://www.ecfr.gov/current/title-13/section-127.300 http://www.sam.gov/ https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-4#FAR_4_1201 contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii). Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that—

(i) It ¿ is, ¿ is not a small business concern; or

(ii) It ¿ is, ¿ is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h) and 13 CFR 125.8(a) and (b). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: __.]

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it ¿ is, ¿ is not a veteran-owned small business concern.

(3) SDVOSB concern. [ Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents that it ¿ is, ¿ is not an SDVOSB concern.

(4) SDVOSB concern joint venture eligible under the SDVOSB Program. The offeror represents that it ¿ is, ¿ is not an SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR 128.402. [Complete only if the offeror represented itself as an SDVOSB concern in paragraph (c)(3) of this provision.] [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ____________.]

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it ¿ is, ¿ is not a women-owned small business concern.

(6) WOSB joint venture eligible under the WOSB Program. The offeror represents that it ¿ is, ¿ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: __.]

(7) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents that it ¿ is, ¿ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: __.]

(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it ¿ is a women-owned business concern.

Note to paragraphs (c)(9) and (10): Complete paragraphs (c)(9) and (10) only if this solicitation is expected to exceed the simplified acquisition threshold.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:____________________________________

(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that–

(i) It ¿ is, ¿ is not a HUBZone small business concern listed, on the date of this representation, as having been certified by SBA as a HUBZone small business concern in the Dynamic Small Business Search and SAM, and will attempt to maintain an employment rate of HUBZone residents of 35 percent of its employees during performance of a HUBZone contract (see 13 CFR 126.200(e)(1)); and

(ii) It ¿ is, ¿ is not a HUBZone joint venture that complies with the requirements of 13 CFR 126.616(a) through (c). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: __.] Each HUBZone small business concern participating in the HUBZone joint venture shall provide representation of its HUBZone status.

(d) Representations required to implement provisions of Executive Order11246-https://www.acquisition.gov/far/part-19#FAR_Part_19 https://www.acquisition.gov/far/part-19#FAR_19_000 https://www.ecfr.gov/current/title-13/section-121.103#p-121.103(h) https://www.ecfr.gov/current/title-13/section-121.103#p-121.103(h) https://www.ecfr.gov/current/title-13/section-125.8#p-125.8(a) https://www.ecfr.gov/current/title-13/section-125.8#p-125.8(b) https://www.ecfr.gov/current/title-13/section-127.506#p-127.506(a) https://www.ecfr.gov/current/title-13/section-127.506#p-127.506(c) https://www.ecfr.gov/current/title-13/section-127.506#p-127.506(a) https://www.ecfr.gov/current/title-13/section-127.506#p-127.506(a) https://www.ecfr.gov/current/title-13/section-127.506#p-127.506(c) https://www.ecfr.gov/current/title-13/section-126.200 https://www.ecfr.gov/current/title-13/section-126.616#p-126.616(a) https://www.ecfr.gov/current/title-13/section-126.616#p-126.616(a) https://www.ecfr.gov/current/title-13/section-126.616#p-126.616(c)

(1) Previous contracts and compliance. The offeror represents that-

(i) It ¿ has, ¿ has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and

(ii) It ¿ has, ¿ has not filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that-

(i) It ¿ has developed and has on file, ¿ has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or

(ii) It ¿ has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 http://uscode.house.gov/ U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225- 1, Buy American-Supplies, is included in this solicitation.)

(1)

(i) The Offeror certifies that each end product and that each domestic end product listed in paragraph (f)(3) of this provision contains a critical component, except those listed in paragraph (f)(2) of this provision, is a domestic end product.

(ii) The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select “no”.

(iii) The Offeror shall separately list the line item numbers of domestic end products that contain a critical component (see FAR 25.105).

(iv) The terms “commercially available off-the-shelf (COTS) item,” “critical component,” “domestic end product,” "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Supplies."

(2) Foreign End Products:

Line Item No. Country of Origin Exceeds 55% domestic content (yes/no) http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_225_1 https://www.acquisition.gov/far/part-52#FAR_52_225_1

[List as necessary]

(3) Domestic end products containing a critical component:

Line Item No. ___ [List as necessary]

(4) The Government will evaluate offers in accordance with the policies and procedures of FAR part 25.

(g)

(1) Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act, is included in this solicitation.)

(i)

(A) The Offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (iii) of this provision, is a domestic end product and that each domestic end product listed in paragraph (g)(1)(iv) of this provision contains a critical component.

(B) The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product," "commercially available off-the-shelf (COTS) item," "critical component," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act."

(ii) The Offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements- Israeli Trade Act."

Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

Line Item No. Country of Origin https://www.acquisition.gov/far/part-25#FAR_Part_25 https://www.acquisition.gov/far/part-52#FAR_52_225_3

[List as necessary]

(iii) The Offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American- Free Trade Agreements-Israeli Trade Act." The Offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select “no”.

Other Foreign End Products:

Line Item No. Country of Origin Exceeds 55% domestic content (yes/no)

[List as necessary]

(iv) The Offeror shall list the line item numbers of domestic end products that contain a critical component (see FAR 25.105).

Line Item No. ___ [List as necessary]

(v) The Government will evaluate offers in accordance with the policies and procedures of FAR part 25.

(2) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Israeli end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”:

Israeli End Products:

Line Item No.

https://www.acquisition.gov/far/part-25#FAR_25_105

[List as necessary]

(3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act":

Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

Line Item No. Country of Origin

[List as necessary]

(4) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(4)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled "Trade Agreements."

(ii) The offeror shall list as other end products those end products that are not U.S.-made or https://www.acquisition.gov/far/part-52#FAR_52_225_5 designated country end products.

Other End Products:

Line Item No. Country of Origin

[List as necessary]

(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.

(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals–

(1) ¿ Are, ¿ are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(2) ¿ Have, ¿ have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property;

(3) ¿ Are, ¿ are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and

(4) ¿ Have, ¿ have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds the threshold at 9.104-5(a)(2) for which the liability remains unsatisfied.

(i) Taxes are considered delinquent if both of the following criteria apply:

(A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

https://www.acquisition.gov/far/part-9#FAR_9_104_5

(B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(ii)…

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