Sol_140P5325Q0041.pdf

140P5325Q0041

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

06/18/2025 0044014882

1 37

107 Park Headquarters Road Gatlinburg TN 37738

NPS, SER - North MABO 05/15/2026

NPS, Fort Raleigh NHS

1401 National Park Drive

Manteo

NC 27954

Marilia Mateo

07/11/2025 1700 ED

FOB DESTINATION

OTHER

(See Schedule)X

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in subpart 12.6, as supplemented with additional information included in this notice.

This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. The National Park Service (NPS) Outer Banks Group (OBG) has a requirement for clam shell materials to be provided for Off Road Vehicle (ORV) ramp maintenance on to multiple locations within Cape Hatteras National Seashore

This document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2025-03 January 17, 2025.

Continued ...

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)

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 37

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

140P5325Q0041

This proposed acquisition will be 100% small business set-aside procurement.

The NAICS code is 212311 Dimension Stone Mining and Quarrying

Size Standard: 500 Employees

TYPE OF CONTRACT: Firm Fixed Price

Line items include Base Item + 1-2 Option Items

Period of Performance 9/15/2025 to 5/15/2026

SYSTEM FOR AWARD MANAGEMENT (SAM): Federal

Acquisition Regulations require that federal contractors register in the System for Award

Management (SAM) database at https://www.sam.gov and enter all mandatory information into the system. Award cannot be made until the contractor has registered. Interested Offerors are encouraged to ensure that they are registered in

SAM prior to submitting their quote. THESE

REGISTRATIONS WILL BE COMPLETED BEFORE TIME OF

AWARD.

Vendor Questions cut-off date: June 23, 2025, 12:00 EST send via-email to Marilia_Mateo@nps.gov

Request for Proposals closes July 11th, 2025, 5:00PM EST send via-email all proposals to

Marilia_Mateo@nps.gov

Period of Performance: 09/15/2025 to 04/01/2026

00010 FY 25 ORV Ramp Shell Order 1 EA

Product/Service Code: 5610

Product/Service Description: MINERAL CONSTRUCTION

MATERIALS, BULK

Delivery: 05/15/2026

Period of Performance: 09/15/2025 to 05/15/2026

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Solicita on Number: 140P5325Q0041

Contrac ng Ac vity: North Major Acquisi on Buying Office (NPS)

Government Representa ve: Ms. Marilia Mateo

Phone: 470-819-0933 Email: Marilia_mateo@nps.gov

Title/Place of Performance: CAHA – Clam Shell Order

Cape Ha eras Na onal Seashore

General Informa on

Document Type: Combined Synopsis/Solicita on Product or Service Code: 5610 Set Aside: Total Small Business NAICS Code: 212311 – Dimension Stone Mining and Quarrying Size Standard: 500 Employees

This document and incorporated provisions and clauses are those in effect through Federal Acquisi on Circular FAC 2025- 03 January 17, 2025.

Request for purchase of the items/service listed below. Please provide a quote no later than: 5:00 PM EST July 11th, 2025.

DUE DATE FOR QUESTIONS: Email any ques ons to Marilia_mateo@nps.gov by 12:00 PM EST June 23rd, 2025 to be considered with subject line: “QUESTIONS – 140P5325Q0041”.

Answers to ques ons will be posted in the same manner as this no ce. It is the offeror’s responsibility to check for updated informa on. No oral or late ques ons will be accepted.

DUE DATE FOR QUOTES: The due date response for this RFQ is NO LATER THAN THURSDAY, 5:00 PM EST July 11th, 2025. Quotes shall be sent via email to Marilia_mateo@nps.gov with subject line: “QUOTE – 140P5325Q0041”. It is incumbent upon the contractor to make sure their quote is received by due date and me noted above. Quotes received a er closing date and me may not be considered for award.

SYSTEM FOR AWARD MANAGEMENT (SAM): Federal Acquisi on Regula ons require that federal contractors register in the System for Award Management (SAM) database at h ps://www.sam.gov and enter all mandatory informa on into the system. Award cannot be made un l the contractor has registered. Interested Offerors are encouraged to ensure that they are registered in SAM prior to submi ng their quote. THESE REGISTRATIONS WILL BE COMPLETED BEFORE TIME OF AWARD.

A achments:

1. Statement of Work

2. Price Schedule Sheet

OFFERORS SHALL COMPLETE THE FOLLOWING:

1. UEI (Unique En ty Iden fier):

2. Contractor Name:

3. Payment Terms/Discount (i.e. Net 15, Net 30, etc):

4. Period of Performance:

5. Business Size (i.e. small business, women-owned, etc.):

6. POC Name:

7. POC Phone/ Fax Number:

8. POC Email Address:

9. Date:

PRICE/COST SCHEDULE

Contractor shall provide all labor, materials, equipment, tools, and supervision to complete in accordance with the statement of work, technical specifica ons, terms and condi ons contained in this solicita on to deliver Cape Ha eras Off Road Vehicle Ramp Clam Shell Materials.

PERIOD OF PERFORMANCE: 9/15/2025 to 5/15/2026

Submit Firm Fixed Price Schedule (A achment 2)

Base quote must be valid for 60 days.

Op on pricing to be exercised based on availability of funds within 180 days a er award.

List of Documents, Exhibits and Other A achments

A achment Number

A achment Title Number of Pages

Document Version

001 Specifica ons 4 Base 002 Price Schedule 1 Base

THE FULL TEXT OF FAR CLAUSES MAY BE ACCESSED ELECTRONICALLY AT:

The following clauses are hereby incorporated by reference (by Cita on Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" contained in this document. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause. This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contrac ng Officer will make their full text available.

Also, the full text of a clause may be accessed electronically at this/these address(es):

h ps://www.acquisi on.gov/

THE FOLLOWING CLAUSES ARE INCORPORATED BY REFERENCE:

52.202-1 Defini ons JUNE 2020

52.203-5 Covenant Against Con ngent Fees MAY 2014

52.203-7 An -Kickback Procedures JUN 2020

52.204-7 System for Award Management NOV 2024

52.204-13 System for Award Management Maintenance OCT 2018

52.204-19 Incorpora ng by Reference of Representa on and cer fica ons DEC 2014

52.209-10 Prohibi on on Contrac ng with inverted domes c corpora ons NOV 2015

52.217-5 Evalua on of Op ons JULY 1990

52.219-33 Nonmanufacturer Rule SEPT 2021

52.225-25 Prohibi on on Contrac ng with En es Engaging in Certain Ac vi es or Transac ons Rela ng to Iran-Representa on and Cer fica ons.

JUNE 2020

52.232-1 Payments APR 1984

52.232-8 Discounts for Prompt Payment FEB 2002

52.232-11 Extras APR 1984

52.232-18 Availability of Funds APR 1984

52.232-39 Unenforceability of Unauthorized Obliga ons JUN 2013

52.232-40 Providing Accelerated Payments to Small Business subcontractors MAR 2023

52.233-1 Disputes MAY 2014

52.233-3 Protest a er Award AUG 1996

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

52.237-2 Protec on of Government Buildings, Equipment and Vegeta on APR 1984

52.243-1 Changes-Fixed-Price AUG 1987

52.244-6 Subcontracts for Commercial Products and Commercial Services JAN 2025

52.249-1 Termina on for Convenience of the Government (Fixed – Short Form) APR 1984

ADDITIONAL SIMPLIFIED ACQUISITION TERMS AND CONDITIONS

System updates may lag policy updates. The System for Award Management (SAM) may con nue to require en es to complete representa ons based on provisions that are not included in agency solicita ons, including 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduc on Goals— Representa on, and paragraph (t) of 52.212-3, Offeror Representa ons and Cer fica ons—Commercial Products and Commercial Services. Agencies will not consider or use these representa ons. En es are not required to, nor are they able to, update their en ty registra on to remove these representa ons in

SAM.

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representa on at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunica ons equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunica ons Equipment or Services—Representa on, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representa ons and Cer fica ons-Commercial Products or Commercial Services. The Offeror shall not complete the representa on in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunica ons equipment or services, or any equipment, system, or service that uses covered telecommunica ons equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Defini ons. As used in this provision— Backhaul, covered telecommunica ons equipment or services, cri cal technology, interconnec on arrangements, reasonable inquiry, roaming, and substan al or essen al component have the meanings provided in the clause 52.204-25, Prohibi on on Contrac ng for Certain Telecommunica ons and Video Surveillance Services or Equipment.

(b) Prohibi on.

(1) Sec on 889(a)(1)(A) of the John S. McCain Na onal Defense Authoriza on Act for Fiscal Year

2019 (Pub. L. 115-232) prohibits the head of an execu ve agency on or a er August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunica ons equipment or services as a substan al or essen al component of any system, or as cri cal technology as part of any system. Nothing in the prohibi on shall be construed to—

(i) Prohibit the head of an execu ve agency from procuring with an en ty to provide a service that connects to the facili es of a third-party, such as backhaul, roaming, or interconnec on arrangements; or

(ii) Cover telecommunica ons equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Sec on 889(a)(1)(B) of the John S. McCain Na onal Defense Authoriza on Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an execu ve agency on or a er August 13, 2020, from entering into a contract or extending or renewing a contract with an en ty that uses any equipment, system, or service that uses covered telecommunica ons equipment or services as a substan al or essen al component of any system, or as cri cal technology as part of any system. This prohibi on applies to the use of covered telecommunica ons equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibi on shall be construed to—

(i) Prohibit the head of an execu ve agency from procuring with an en ty to provide a service that connects to the facili es of a third-party, such as backhaul, roaming, or interconnec on arrangements; or

(ii) Cover telecommunica ons equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded par es in the System for Award Management (SAM) ( h ps://www.sam.gov) for en es excluded from receiving federal awards for "covered telecommunica ons equipment or services".

(d) Representa on. The Offeror represents that—

(1) It □ will, □ will not provide covered telecommunica ons equipment or services to the

Government in the performance of any contract, subcontract or other contractual instrument resul ng from this solicita on. The Offeror shall provide the addi onal disclosure informa on required at paragraph (e)(1) of this sec on if the Offeror responds "will" in paragraph (d)(1) of this sec on; and

(2) A er conduc ng a reasonable inquiry, for purposes of this representa on, the Offeror represents that— It □ does, □ does not use covered telecommunica ons equipment or services, or use any equipment, system, or service that uses covered telecommunica ons equipment or services. The Offeror shall provide the addi onal disclosure informa on required at paragraph (e)(2) of this sec on if the Offeror responds "does" in paragraph (d)(2) of this sec on.

(e) Disclosures.

(1) Disclosure for the representa on in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representa on in paragraph (d)(1) of this provision, the Offeror shall provide the following informa on as part of the offer:

(i) For covered equipment—

(A) The en ty that produced the covered telecommunica ons equipment (include en ty name, unique en ty iden fier, CAGE code, and whether the en ty was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A descrip on of all covered telecommunica ons equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item descrip on, as applicable); and

(C) Explana on of the proposed use of covered telecommunica ons equipment and any factors relevant to determining if such use would be permissible under the prohibi on in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A descrip on of all covered telecommunica ons services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item descrip on, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explana on of the proposed use of covered telecommunica ons services and any factors relevant to determining if such use would be permissible under the prohibi on in paragraph (b)(1) of this provision.

(2) Disclosure for the representa on in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representa on in paragraph (d)(2) of this provision, the Offeror shall provide the following informa on as part of the offer:

(i) For covered equipment—

(A) The en ty that produced the covered telecommunica ons equipment (include en ty name, unique en ty iden fier, CAGE code, and whether the en ty was the OEM or a distributor, if known);

(B) A descrip on of all covered telecommunica ons equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item descrip on, as applicable); and

(C) Explana on of the proposed use of covered telecommunica ons equipment and any factors relevant to determining if such use would be permissible under the prohibi on in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A descrip on of all covered telecommunica ons services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item descrip on, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explana on of the proposed use of covered telecommunica ons services and any factors relevant to determining if such use would be permissible under the prohibi on in paragraph (b)(2) of this provision.

Federal Acquisi on Supply Chain Security Act Orders—Representa on and Disclosures (Dec 2023)

(a) Defini ons. As used in this provision, Covered ar cle, FASCSA order, Intelligence community, Na onal security system, Reasonable inquiry, Sensi ve compartmented informa on, Sensi ve compartmented informa on system, and Source have the meaning provided in the clause 52.204-30, Federal Acquisi on Supply Chain Security Act Orders—Prohibi on.

(b) Prohibi on. Contractors are prohibited from providing or using as part of the performance of the contract any covered ar cle, or any products or services produced or provided by a source, if the prohibi on is set out in an applicable Federal Acquisi on Supply Chain Security Act (FASCSA) order, as described in paragraph (b)(1) of FAR 52.204-30, Federal Acquisi on Supply Chain Security Act Orders— Prohibi on.

(c) Procedures.

(1) The Offeror shall search for the phrase “FASCSA order” in the System for Award Management (SAM)( h ps://www.sam.gov) for any covered ar cle, or any products or services produced or provided by a source, if there is an applicable FASCSA order described in paragraph (b)(1) of FAR 52.204-30, Federal Acquisi on Supply Chain Security Act Orders—Prohibi on.

(2) The Offeror shall review the solicita on for any FASCSA orders that are not in SAM, but are effec ve and do apply to the solicita on and resultant contract (see FAR 4.2303(c)(2)).

(3) FASCSA orders issued a er the date of solicita on do not apply unless added by an amendment to the solicita on.

(d) Representa on. By submission of this offer, the offeror represents that it has conducted a reasonable inquiry, and that the offeror does not propose to provide or use in response to this solicita on any covered ar cle, or any products or services produced or provided by a source, if the covered ar cle or the source is prohibited by an applicable FASCSA order in effect on the date the solicita on was issued, except as waived by the solicita on, or as disclosed in paragraph (e).

(e) Disclosures. The purpose for this disclosure is so the Government may decide whether to issue a waiver. For any covered ar cle, or any products or services produced or provided by a source, if the covered ar cle or the source is subject to an applicable FASCSA order, and the Offeror is unable to represent compliance, then the Offeror shall provide the following informa on as part of the offer:

(1) Name of the product or service provided to the Government;

(2) Name of the covered ar cle or source subject to a FASCSA order;

(3) If applicable, name of the vendor, including the Commercial and Government En ty code and unique en ty iden fier (if known), that supplied the covered ar cle or the product or service to the Offeror;

(4) Brand;

(5) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);

(6) Item descrip on;

(7) Reason why the applicable covered ar cle or the product or service is being provided or used;

(f) Execu ve agency review of disclosures. The contrac ng officer will review disclosures provided in paragraph (e) to determine if any waiver may be sought. A contrac ng officer may choose not to pursue a waiver for covered ar cles or sources otherwise subject to a FASCSA order and may instead make an award to an offeror that does not require a waiver.

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS. (MAY 2024)

(Devia on FEB 2025)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representa ons and cer fica on electronically in the System for Award Management (SAM) accessed through h ps://www.sam.gov. If the Offeror has not completed the annual representa ons and cer fica ons electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

(a) Defini ons. As used in this provision— Covered telecommunica ons equipment or services has the meaning provided in the clause 52.204-25, Prohibi on on Contrac ng for Certain Telecommunica ons 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 uncondi onally owned by, and the management and daily business opera ons of which are controlled by, one or more women who are ci zens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is cer fied by SBA or an approved third-party cer fier in accordance with 13 CFR

127.300. It automa cally 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 penal es.

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

Immediate owner means an en ty, 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, iden ty of interests among family members, shared facili es and equipment, and the common use of employees.

Inverted domes c corpora on, means a foreign incorporated en ty that meets the defini on of an inverted domes c corpora on under 6 U.S.C. 395(b), applied in accordance with the rules and defini ons 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 Synthe c; and

(10) PSC 9630, Addi ve 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 en ty 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, Prohibi on on Contrac ng for Certain Telecommunica ons and Video Surveillance Services or Equipment.

Restricted business opera ons means business opera ons in Sudan that include power produc on ac vi es, mineral extrac on ac vi es, oil-related ac vi es, or the produc on of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174).

Restricted business opera ons do not include business opera ons that the person (as that term is defined in Sec on 2 of the Sudan Accountability and Divestment Act of 2007) conduc ng 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 authoriza on 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 authoriza on;

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

(4) Consist of providing goods or services to an interna onally recognized peacekeeping force or humanitarian organiza on;

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

(6) Have been voluntarily suspended. "Sensi ve technology"— Sensi ve technology—

(1) Means hardware, so ware, telecommunica ons equipment, or any other technology that is to be used specifically—

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

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

(2) Does not include informa on or informa onal materials the export of which the President does not have the authority to regulate or prohibit pursuant to sec on 203(b)(3)of the Interna onal 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 opera ons 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 defini on, 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 Iden fica on and Records Locator Subsystem, or successor system that is maintained by the Department of Veterans Affairs’ Veterans Benefits Administra on, as a service-disabled veteran. Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB Program means an SDVOSB concern that—

(1) Effec ve January 1, 2024, is designated in the System for Award Management (SAM) as cer fied by the Small Business Administra on (SBA) in accordance with 13 CFR 128.300; or

(2) Has represented that it is an SDVOSB concern in SAM and submi ed a complete applica on for cer fica on to SBA on or before December 31, 2023.

Service-disabled veteran-owned small business (SDVOSB) Program means a program that authorizes contrac ng officers to limit compe on, 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 opera on, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicita on.

(2) Affiliates, as used in this defini on, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or par es control or have the power to control the others. In determining whether affilia on exists, considera on is given to all appropriate factors including common ownership, common management, and contractual rela onships. SBA determines affilia on based on the factors set forth at 13 CFR 121.103.

Small disadvantaged business concern, consistent with 13 CFR 124.1001, means a small business concern under the size standard applicable to the acquisi on, that—

(1) Is at least 51 percent uncondi onally 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 ci zens 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) a er taking into account the applicable exclusions set forth at 13 CFR124.104(c)(2); and

(2) The management and daily business opera ons of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this defini on. Subsidiary means an en ty in which more than 50 percent of the en ty is owned—

(1) Directly by a parent corpora on; or

(2) Through another subsidiary of a parent corpora on Successor means an en ty that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (o en through acquisi on 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 liabili es 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 opera ons 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 opera ons 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 opera ons 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 uncondi onally owned by, and the management and daily business opera ons of which are controlled by, one or more women who are ci zens of the United States, and the concern is cer fied by SBA or an approved third-party cer fier in accordance with 13 CFR 127.300.

(b)

(1) Annual Representa ons and Cer fica ons. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automa cally change the representa ons and cer fica ons in SAM. (2) The offeror has completed the annual representa ons and cer fica ons electronically in SAM accessed through h p://www.sam.gov. A er reviewing SAM informa on, the Offeror verifies by submission of this offer that the representa ons and cer fica ons currently posted electronically at FAR 52.212-3, Offeror Representa ons and Cer fica ons-Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicita on (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicita on), at the me this offer is submi ed and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __. [Offeror to iden fy the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicita on only, if any. These amended representa on(s) and/or cer fica on(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 solicita on only, and do not result in an update to the representa ons and cer fica ons posted electronically on SAM.]

(c) Offerors must complete the following representa ons when the resul ng contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contrac ng 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 en ty iden fier 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 en ty iden fier of each party to the joint venture: ____________.]

(5) Small disadvantaged 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 small disadvantaged business concern as defined in 13 CFR 124.1001.

(6) 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.

(7) 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 en ty iden fier of each party to the joint venture: ____________.]

(8) 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 en ty iden fier of each party to the joint venture: ____________.] Note to paragraphs (c)(9) and (10): Complete paragraphs (c)(9) and (10) only if this solicita on is expected to exceed the simplified acquisi on threshold.

(9) 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.

(10) Tie bid priority for labor surplus area concerns. If this is an invita on for bid, small business offerors may iden fy the labor surplus areas in which costs to be incurred on account of manufacturing or produc on (by offeror or first- er subcontractors) amount to more than 50 percent of the contract price:____________

(11) 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 representa on, as having been cer fied by SBA as a HUBZone small business concern in the Dynamic Small Business Search and SAM, and will a empt 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 en ty iden fier of each party to the joint venture: ______.] Each HUBZone small business concern par cipa ng in the HUBZone joint venture shall provide representa on of its HUBZone status.

(d) Representa ons required to implement provisions of Execu ve Order11246-

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

(i) It □ has, □ has not par cipated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicita on; and

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

(2) Affirma ve Ac on 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, affirma ve ac on programs required by rules and regula ons of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or

(ii) It □ has not previously had contracts subject to the wri en affirma ve ac on programs requirement of the rules and regula ons of the Secretary of Labor.

(e) Cer fica on Regarding Payments to Influence Federal Transac ons (31 h p://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 cer fies 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 a emp ng 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 connec on 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 Ac vi es, 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 compensa on were made.

(f) Buy American Cer ficate. (Applies only if the clause at Federal Acquisi on Regula on (FAR) 52.225-1, Buy AmericanSupplies, is included in this solicita on.)

(1)

(i) The Offeror cer fies that each end product, except those listed in paragraph (f)(2) of this provision, is a domes c end product and that each domes c end product listed in paragraph (f)(3) of this provision contains a cri cal component.

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

(iii) The Offeror shall separately list the line item numbers of domes c end products that contain a cri cal component (see FAR 25.105).

(iv) The terms “commercially available off-the-shelf (COTS) item,” “cri cal component,” “domes c end product,” "end product," "foreign end product," and "United States" are defined in the clause of this solicita on en tled "Buy AmericanSupplies."

(2) Foreign End Products:

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

[List as necessary]

(3) Domes c end products containing a cri cal 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 Cer ficate. (Applies only if the clause at FAR 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act, is included in this solicita on.)

(i)

(A) The Offeror cer fies that each end product, except those listed in paragraph (g)(1)(ii) or (iii) of this provision, is a domes c end product and that each domes c end product listed in paragraph (g)(1)(iv) of this provision contains a cri cal component.

(B) The terms "Bahraini, Moroccan, Omani, Panamanian, or Peruvian end product," "commercially available off-the-shelf (COTS) item," "cri cal component," "domes c 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 solicita on en tled "Buy American-Free Trade Agreements-Israeli Trade Act."

(ii) The Offeror cer fies that the following supplies are Free Trade Agreement country end products (other than Bahraini, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicita on en tled "Buy American-Free Trade Agreements-Israeli Trade Act." Free Trade Agreement Country End Products (Other than Bahraini, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

Line Item No. Country of Origin

[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 solicita on en tled "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 domes c end products. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combina on of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domes c content, except for those that are COTS items. If the percentage of the domes c content is unknown, select “no”. Other Foreign End Products:

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

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

[List as necessary]

(iv) The Offeror shall list the line item numbers of domes c end products that contain a cri cal 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 Cer ficate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicita on, subs tute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror cer fies that the following supplies are Israeli end products as defined in the clause of this solicita on en tled “Buy American—Free Trade Agreements—Israeli Trade Act”: Israeli End Products:

Line Item No.

[List as necessary]

(3) Buy American-Free Trade Agreements-Israeli Trade Act Cer ficate, Alternate III. If Alternate III to the clause at 52.225-3 is included in this solicita on, subs tute the following paragraphs (g)(1)(i)(B) and (g)(1)(ii) for paragraphs (g)(1)(i)(B) and (g)(1)(ii) of the basic provision:

(g)(1)(i)(B) The terms “Korean end product”, “commercially available off-the-shelf (COTS) item,” “cri cal component,” “domes c 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 solicita on en tled “Buy American—Free Trade Agreements—Israeli Trade Act.”

(g)(1)(ii) The Offeror cer fies that the following supplies are Korean end products or Israeli end products as defined in the clause of this solicita on en tled “Buy American—Free Trade Agreements—Israeli Trade Act”: Korean End Products or Israeli End Products:

Line Item No. Country of Origin

Line Item No. Country of Origin

[List as necessary]

(4) Trade Agreements Cer ficate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicita on.)

(i) The offeror cer fies 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 solicita on en tled "Trade Agreements."

(ii) The offeror shall list as other end products those end products that are not U.S.-made or 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 restric ons of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contrac ng 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 solicita on.

(h) Cer fica on Regarding Responsibility Ma ers (Execu ve Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisi on threshold.) The offeror cer fies, 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 connec on with obtaining, a emp ng to obtain, or performing a Federal, state or local government contract or subcontract; viola on of Federal or state an trust statutes rela ng to the submission of offers; or commission of embezzlement, the , forgery, bribery, falsifica on or destruc on of records, making false statements, tax evasion, viola ng Federal criminal tax laws, or receiving stolen property;

(3) □ Are, □ are not presently indicted for, or otherwise criminally or civilly charged by a Government en ty 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 no fied of any delinquent Federal taxes in an amount that exceeds the threshold at 9.104-5(a)(2) for which the liability remains unsa sfied.

(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 administra ve or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined un l all judicial appeal rights have been exhausted.

(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 collec on ac on is precluded.

(ii) Examples.

(A) The taxpayer has received a statutory no ce of deficiency, under I.R.C. §6212, which en tles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability un l the taxpayer has exercised all judicial appeal rights.

(B) The IRS has filed a no ce of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a no ce under I.R.C. §6320 en tling the taxpayer to request a hearing with the IRS Office of Appeals contes ng the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is en tled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability un l the taxpayer has exercised all judicial appeal rights.

(C) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making mely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(D) The taxpayer has filed for bankruptcy protec on. The taxpayer is not delinquent because enforced collec on ac on is stayed under 11 U.S.C. §362 (the Bankruptcy Code).

(i) Cer fica on Regarding Knowledge of Child Labor for Listed End Products (Execu ve Order 13126). [The Contrac ng Officer must list in paragraph (i)(1) any end products being acquired under this solicita on that are…