SPMYM125Q0105 - DRAFT SOLICTATION - RELEASED.pdf

SEE ADDENDUM

(No Collect Calls)

SPMYM125Q0105 11-Jun-2025

b. TELEPHONE NUMBER 8. OFFER DUE DATE/LOCAL TIME

02:00 PM 16 Jun 2025

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

SPMYM19. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

ERIN L. CASTRO

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

N4215850630157

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

DLA MARITIME NORFOLK

ERIN CASTRO, CODE NMAB.B7, (757) 396-8888

PORTSMOUTH VA 23709-5000

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS AX

13b. RATING

DO-C9

CODE15. DELIVER TO CODE N42158 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

NORFOLK NAVAL SHIPYARD

NO POINT OF CONTACT (RECEIVING DEPT)

NORFOLK NAVAL SHIPYARD

BLDG 276

PORTSMOUTH VA 23709-5000

TEL: FAX:

FAX:

TEL: 757-396-8888

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

NAICS:

333515

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF59

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

SPMYM125Q0105

Section SF 1449 - CONTINUATION SHEET

CONTACT INFORMATION

CONTACT INFORMATION, PALLETIZATION AND SHIPPING INSTRUCTIONS

CONTACT INFORMATION

If your company encounters any problems with this purchase order/contract, please contact Erin Castro by email at erin.castro@dla.mil.

PALLET REQUIREMENT

Contractors (drivers) delivering material to the Norfolk Naval Shipyard must come with two forms of Identification, one being a driver license or picture ID card issued by a State. The other form required is a SSN card, birth certificate issued by a state, Native American document or US citizen card. Driver(s) will not be escorted unless they have to go into the CIA.

All items/boxes over 40 lbs under this solicitation and/or contract is required to be palletized. Delivery will not be accepted to any material that IS NOT palletized. The shipment will not be offloaded and will be returned.

Material sourced or otherwise procured from NUFLO, Inc. (Cage Code: 3BZG7) and/or Synergy Flow Systems

(Cage Code: 4GP29) are prohibited to be offered, sold, exchanged, or delivered to Norfolk Naval Shipyard.

Contract Number MUST be noticeable on the outside of the package and on the packing documents. All shipments must have the Contact Number or the Lead JML number labeled on the outside of all boxes. If not labeled the

Warehouse may at the time of delivery turn the material away at the company's cost for not being able to identify the material.

MARKING OF SHIPMENTS (COMMERCIALLY PACKAGED ITEMS)

(i) Marking shall be in accordance with ASTM-D-3951 (most current edition) and with the information set forth in paragraph (ii) below. Unless specified elsewhere in this contract/order, bar coding is not required.

(ii) All UNIT AND EXTERIOR CONTAINERS/PACKS ARE REQUIRED TO BE MARKED AS FOLLOWS:

1. Applicable National stock number (NSN), Federal stock number (FSN), Local Stock Number (LSN), or

Part Number when neither NSN, FSN, LSN are available

2. Noun nomenclature cited on contract or order

3. Quantity and unit of issue

4. QA Designator:

5. Government Contract, or Purchase Order Number (incl. Delivery Order No.)

6. From:_______________________________________________

(Contractor's Name)

(Contractor’s Address)

7. To: (See delivery address on page 1 or in Section F)

(iii) Markings may be applied by any means which provide legibility.

(iv) Additional markings required as stated below:

SHIPPING LABEL INSTRUCTIONS

All shipments must have a label on the outside of each box, clearly providing the following information, in addition to packing slips inside the box:

Lead Document Number: N4215850630157 (CLIN 0001)

Contract Number: SPMYM125PXXXX

Government Purchasing Agent’s Name and Phone Number: Erin Castro

Post Award Action/Contract Issues: Post Awards NNSY, PostAwardsNNSY@dla.mil

If a label cannot be generated, the info must be clearly marked on the outside of each container.

Address all questions or concerns regarding the labeling or shipping documents with the government Post Awards

NNSY after confirming acceptance of the order.

mailto:PostAwardsNNSY@dla.mil

PREPARATION FOR DELIVERY (COMMERCIALLY PACKAGED ITEMS)

Preservation, packaging and packing shall be in accordance with ASTM Designation D-3951(Latest Revision), “Standard Practice for Commercial Packaging

ORDERING DATA

1. SPECIFICATIONS:

1.1. SCOPE: Procurement for one each (1ea) 120 Ton Single end punch for installation at

Norfolk Naval Shipyard.

2. EQUIPMENT DESCRIPTION: The equipment shall consist of one each (1 ea.) 120 ton

Single end punch that meets the following requirements.

2.1. SALIENT CHARCTERISTICS: Machines shall have a minimum of the following salient characteristics.

2.1.1. Open Height: 12-1/4”

2.1.2. Punch Force: 120 Tons

2.1.3. Stroke Length: 2” (Minimum)

2.1.4. Closed Height w/o Die Block: 10-1/4”

2.1.5. Punch Hole Size: 1-1/2” (hole) 1” (mild steel)

2.1.6. Punch End Strokes Per Minute: 16 (strokes) at 1” (mild steel)

2.1.7. Throat Depth: 20” (Minimum)

2.1.8. Platen Table Size (D-W): 20”x10”

2.1.9. Bending Attachment: 18”

2.1.10. Power Unit: 10 HP 460-volt, 3 phase motor

2.1.11. Work Station Height: 42”

2.1.12. Hydraulic Tank Capacity: 30gal minimum

2.1.13. Hydraulics Pump GPM System R/V PSI: 10.5, 2850

2.1.14. Motor Horse Power: 10HP 3PH (Minimum)

2.2. Design / Construction:

2.2.1. Machine Maximum Footprint: The machine dimensions shall not exceed 60” X

48” X 72” W-L-H.

2.2.2. Stroke Control: The machine shall have electrical limit switches to control stroke during machine operation.

2.2.3. Machine Controls: The machine shall have a 5 position joy stick control

(electric) with jog up & down, fast up & down and neutral.

2.2.4. Foot Switch Control: The machine shall be equipped with a remote electric foot switch designed for hands free operations.

2.2.5. Electrical Items: All electrical items shall UL (Underwriter's Laboratory) approved and shall have the UL numbers printed or stamped on them and can be easily traced to the point of manufacture.

2.2.6. Available Utilities: 460 VAC, 3 phase, 60 Hz

2.2.7. Power Requirements: Machine shall be built to NFPA 79 and shall be wired for

460 VAC, 3 phase, 60 Hz or have a step down transformer from 460 VAC, 3 phase, 60 HZ to the machine operating voltage.

2.2.8. Electric Power Disconnect: A lockable power feed disconnect device shall be provided and installed on the equipment to provide means to isolate power to machine.

2.2.9. Emergency Stop: Machine shall be equipped with a emergency stop button that is readily accessible, red in color with a yellow background bezel or housing, self latching and designed to stop dangerous machine operations as quickly as possible without creating additional hazards.

2.2.10. Motor Starter: Motor starter shall be equipped with primary fusing and overloads.

2.2.11. SAFETY AND HEALTH REQUIREMENTS: Covers, guards, or other safety devices shall be provided for all parts of equipment that present safety hazards.

Safety devices shall not interfere with operation of the equipment. The devices shall prevent unintentional contact with the guarded part and shall be removable to facilitate inspection, maintenance and repair of the parts. Machine parts, components, mechanisms, and assemblies furnished on the unit shall comply with all specific requirements of "OSHA Safety and Health Standards (29 CFR 1910), General Industry" that are applicable to the equipment itself. Additional safety and health requirements shall be as specified in other paragraphs of this specification.

The design and manufacture shall be in accordance with all applicable ANSI safety standards.

2.2.12. CAUTION WARNING PLATES: Corrosion resistant "Caution" or "Warning" plates shall be securely attached to the equipment in prominent, visible locations.

All safety precautions to be observed by the operator or maintenance personnel shall be permanently marked on the plates.

2.3. Required Tooling/ Accessories:

2.3.1. Bending Attachments: The machine shall be provided with an 18” bending attachment designed to be mounted perpendicular to the beam. Bending attachment shall include a 4-way bending die with openings of 7/8”, 1-1/8”, 1-1/2” and 2”.

2.3.2. Channel Processing Attachments: Machine shall be provided with a Channel

Die Block designed to replace the standard die block capable of punching a hole in the leg or web of channel.

2.3.3. Oversize Punching Attachments: Machine shall be provided with oversize punching attachments that mounts in place of the standard punch attachment and are designed to punch a 50-ton maximum hole. The following sizes are required.

a) 3” Max Hole

b) 4” Max Hole

c) 5” Max Hole

2.3.4. Quickset Gauging Tables: Machine shall be provided with a gauging table that mounts around the die block and uses finger stops to repeat a series of punched holes in flat bar or angle. The attachment shall come with a table and flat bar gauge with measuring rules for easy hole location layout.

2.3.4.1. 5’ Quick Set Table Extension Attachment: 5’ or 10’ extension can be added to the left or right side of the base table for longer part processing.

2.3.4.2. 10’ Quick Set Table Extension Attachment: 5’ or 10’ extension can be added to the left or right side of the base table for longer part processing.

2.3.5. Pipe Notching Attachments: The Machine shall be provided with pipe notching attachments that mount on the platen table in place of the punch die block and are designed to accept 3/4” through 2” Schedule 40 Pipe Notching Dies.

2.3.5.1. Pipe Notching Dies: The pipe notching dies shall be spring return die sets that mount in the pipe notching die holder. The following notching dies and tooling shall be provided.

a) Pipe Notching Die Holder

b) Pipe Notching Striker

c) ¾” Schedule 40 Pipe Notching Die

d) 1” Schedule 40 Pipe Notching Die

e) 1-1/4” Schedule 40 Pipe Notching Die

f) 1-1/2” Schedule 40 Pipe Notching Die

g) 2” Schedule 40 Pipe Notching Die

2.3.6. Standard Punch Attachment: Machines shall be delivered with punch holder, stripper and die block.

2.3.7. Punch and Die Set: Machines shall be delivered with 5 punch and die sets 9/16” through 1-1/16”.

2.3.8. Machine Actuator Switch: Machines shall be delivered with a 3-postion wired foot pedal style switch.

2.3.9. Wrench: Machines shall be delivered with a coupling wrench.

2.3.10. Filter Element: Machines shall be delivered with an extra filter element.

2.4. TECHNICAL MANUALS: Three (3 ea.) complete sets of technical manuals covering operation, service and maintenance, and part-listing shall be provided for each machine.

2.5. Warranty: These machines shall be warranted against any defects in material, parts, and workmanship for 12 months after the date of installation. The control, servomotors and main spindle motor are warranted against defects in material, parts, and workmanship for 12 months after the date of installation.

3. TECHNICAL CONTACT (TPOC):

Russell Harris Ph: 757-636-4908 Email: russell.r.harris@navy.mil

Patrick A. Craig Ph: 757-536-3295 Email: patrick.craig@navy.mil

4. QUALITY ASSURANCE PROVISIONS: Inspection and acceptance of the supplies, performed at destination by

Code 983 and shall consist of type and kind; condition; operability, if readily determinable; preservation; packaging.

5. PRESERVATION, PACKAGING AND PACKING: The equipment shall be packaged, packed and preserved for shipment to reach ultimate destination undamaged. Package shall be prominently marked “NOT FOR OUTSIDE

STORAGE”. Yellow packaging, packing, preservation and marking are prohibited.

6. Additional Requirements:

6.1. Nameplate: A nameplate shall be permanently and securely attached to each machine, the information provided on the plate shall be as listed below.

a) Nomenclature

b) Manufacturer’s name

c) Manufacturer’s model designation

d) Manufacture’s serial number

e) Power input (volts, total amps, phase, frequency)

f) Amp rating of largest motor

g) Short circuit/over-current protection rating

h) Contract Number or Order Number

i) National Stock Number or Plant Equipment Code

j) Date of manufacture

7. INSTALLATION:

7.1. Installation/Foundation Drawings: Not later than sixty (60) calendar days after effective date of contract;

installation instructions, requirements and drawings shall be provided to Norfolk Naval Shipyard TPOC.

7.2. Machine Start-up and Commissioning: The contractor shall provide machine start-up / commissioning to ensure machine is set up and operating in accordance with all original equipment manufacturer recommendations.

8. TRAINING:

8.1. Operator Training: The contractor shall provide training to familiarize Norfolk Naval Shipyard personnel with the equipment / tooling and to help ensure reliable performance and maximum service life, during normal usage.

8.1.1. Training Requirements: Training shall be provided at the receiving activity. Training shall include preparation of equipment for safe operation. The trainees shall be provided instruction for all aspects of machine operations.

Trainees shall be provided instruction for the care, use and operation of all attachments and accessories. Training shall be provided for three (3) operators. The training period shall not be less than one (1) consecutive, eight (8) hour workday. A training manual (which could be an additional operator’s manual instructions) shall be provided for each student.

9. FACILITIES ENTRY REQUIREMENTS:

9.1. Initial Entry: Contractor provide a SECNAV 5512 and a CNRMA Installation Access Screening Request form that will be provided by the technical point of contact. These documents will be endorsed by the TPOC and forwarded to the NNSY Pass Office. Contractor shall submit documents approximately two weeks before arrival.

9.2. Vehicle Entry: The company name shall be displayed on each door of the Contractor's vehicles in a manner and size that is clearly visible. All vehicles shall display a valid state license plate that complies with State Vehicle Code.

Vehicles shall meet all other requirement of the State Vehicle Code, such as safety standards, and shall carry proof of insurance and state registration. Passes will be issued for vehicles to enter the shipyard. A separate pass is required for entering the Controlled Industrial Area (CIA).

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Each N4215850630157

FFP

PIRANHA

FOB: Destination

MILSTRIP: N4215850630157

PURCHASE REQUEST NUMBER: N4215850630157

PROJECT: YY9

PSC CD: 3456

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 07-JUL-2025 1 NORFOLK NAVAL SHIPYARD

NO POINT OF CONTACT (RECEIVING

DEPT)

NORFOLK NAVAL SHIPYARD

BLDG 276

PORTSMOUTH VA 23709-5000

FOB: Destination

N42158

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management NOV 2024 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011

52.204-13 System for Award Management Maintenance OCT 2018

52.204-17 Ownership or Control of Offeror AUG 2020

52.204-18 Commercial and Government Entity Code Maintenance AUG 2020

52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.211-14 Notice Of Priority Rating For National Defense, Emergency

Preparedness, and Energy Program Use

APR 2008

52.212-1 Instructions to Offerors--Commercial Products and

Commercial Services

SEP 2023

52.219-1 Alt I Small Business Program Representations (FEB 2024)

Alternate I

FEB 2024

52.223-22 Public Disclosure of Greenhouse Gas Emissions and

Reduction Goals -- Representation.

DEC 2016

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.242-15 Stop-Work Order AUG 1989

52.243-1 Changes--Fixed Price AUG 1987 52.246-1 Contractor Inspection Requirements APR 1984

52.247-34 F.O.B. Destination JAN 1991

52.253-1 Computer Generated Forms JAN 1991

252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7004 Antiterrorism Awareness Training for Contractors JAN 2023

252.204-7012 (Dev) Safeguarding Covered Defense Information and Cyber

Incident Reporting (DEVIATION 2024-O0013 REVISION

1)

MAY 2024

252.204-7015 Notice of Authorized Disclosure of Information for Litigation

Support

JAN 2023

252.204-7017 Prohibition on the Acquisition of Covered Defense

Telecommunications Equipment or Services -- Representation

MAY 2021

252.204-7017 Prohibition on the Acquisition of Covered Defense

Telecommunications Equipment or Services -- Representation

MAY 2021

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

JAN 2023

252.204-7024 Notice on the Use of the Supplier Performance Risk System MAR 2023

252.211-7003 Item Unique Identification and Valuation JAN 2023

252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.223-7008 Prohibition of Hexavalent Chromium JAN 2023

252.225-7000 Buy American--Balance Of Payments Program Certificate FEB 2024

252.225-7001 Buy American and Balance of Payments Program FEB 2024

252.225-7002 Qualifying Country Sources As Subcontractors MAR 2022

252.225-7048 Export-Controlled Items JUN 2013

252.225-7059 Prohibition on Certain Procurements from the Xinjiang

Uyghur Autonomous Region - Representation

JUN 2023

252.225-7060 Prohibition on Certain Procurements from the Xinjiang

Uyghur Autonomous Region

JUN 2023

252.231-7000 Supplemental Cost Principles DEC 1991

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006

252.239-7017 Notice of Supply Chain Risk DEC 2022

252.243-7001 Pricing Of Contract Modifications DEC 1991

252.244-7000 Subcontracts for Commercial Products or Commercial Services

NOV 2023

252.246-7003 Notification of Potential Safety Issues JAN 2023

252.247-7023 Transportation of Supplies by Sea OCT 2024

CLAUSES INCORPORATED BY FULL TEXT

52.211-15 DEFENSE PRIORITY AND ALLOCATION REQUIREMENTS (APR 2008)

This is a rated order certified for national defense, emergency preparedness, and energy program use, and the

Contractor shall follow all the requirements of the Defense Priorities and Allocations System regulation (15 CFR

700).

(End of clause)

52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(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. The following factors shall be used to evaluate offers:

i. Technical capability of the item offered meets the Government requirement

ii. Delivery

iii. Price

iv. Supplier Performance Risk System (SPRS) and Federal Awardee Performance. The relative order of importance of the evaluation factors are in descending order of importance. Technical capability and price when combined are evaluated as being substantially more significant than all other factors combined.

(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)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAY 2024) ALTERNATE I (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.

https://www.sam.gov/

(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.

"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"--

(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 with 13 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 at 13 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 CFR 124.104(c)(2); and

(2) The management and daily business operations 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 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 least

51 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 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 http://www.sam.gov/

(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) 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 entity identifier 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 entity identifier of each party to the joint venture: ___ .]

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) 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 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: _________

(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 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.

(12) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(5) of this provision.)

___ Black American.

___ Hispanic American.

___ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).

___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana

Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri

Lanka, Bhutan, the Maldives Islands, or Nepal).

___ Individual/concern, other than one of the preceding.

(d) Certifications and representations required to implement provisions of Executive Order 11246--

(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

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

(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)

[List as necessary]

(3) Domestic end products containing a critical component:

Line Item No.

(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 "Bahraini, 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 Bahraini, 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 Bahraini, Moroccan, Omani, Panamanian, or Peruvian

End Products) or Israeli End Products:

(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:

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.

(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.

(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 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," "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."

(g)(1)(ii) The Offeror certifies that the following supplies are Korean end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American--Free Trade Agreements--Israeli Trade Act":

Korean End Products or Israeli End Products:

(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 designated country end products.

Other End Products:

(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…