SPMYM126Q4029 Combined Synopsis Solicitation.pdf

DLA MARITIME NORFOLK – CONTRACTING DIVISON

PORTSMOUTH, VA 23709-5000

This is a COMBINED SYNOPSIS/SOLICITATION for commercial items prepared in accordance with the information in Federal Acquisition Regulation (FAR) Part 13 using Simplified Acquisition Procedures (SAP). This announcement constitutes the only solicitation; a written solicitation will not be issued.

PAPER COPIES OF THIS SOLICITATION WILL NOT BE AVAILABLE. This combined synopsis/solicitation WILL be posted to SAM at https://sam.gov.

RFQ NUMBER: SPMYM126Q4029

BUYER: MONICA RICHARDSON

EMAIL ADDRESS: MONICA.RICHARDSON@DLA.MIL

This solicitation documents and incorporates provisions and clauses in effect though FAC 2024-02 and the DFARS Change notice 01/22/2024. It is the responsibility of the contractor to be familiar with the applicable clauses and provisions. The clauses may be accessed in full text at this website:

https://www.acquisition.gov/.

NNSY - Norfolk Naval Shipyard requests responses from qualified sources capable of providing the material that is referenced below. All items shall be new. No refurbished or used items will be accepted.

This solicitation is set-aside for a small business.

REQUIREMENT DESCRIPTION TABLE

CLIN NUMBER DESCRIPTION QUANTITY UNIT PRICE TOTAL

0001-60280197 HYDRAULIC SHEAR

MACHINE

1 EACH

ORDERING DATA:

0001-60280197

MANUFACTURER: STANDARD INDUSTRIAL CORP

MODEL: AS500-10

1. SPECIFICATIONS

1.1. SCOPE: This specification covers the requirements for the procurement, installation and training of one (1) each Hydraulic Shear machine.

2. EQUIPMENT DESCRIPTION: The equipment shall consist of one Hydraulic Shear machine that meets the requirements below.

2.1. SALIENT CHARACTERISTICS: Machine shall have the following salient characteristics.

2.1.1. Capacity (Mild Steel): 0.500" Minimum

2.1.2. Capacity (Stainless Steel): 0.375" Minimum

2.1.3. Cutting Length: 120" Minimum

2.1.4. Cutting Angle: 2° Minimum

2.1.5. Number of Hold Down Cylinders: 11 Minimum

2.1.6. Cutting Speed: at least 9 SPM

2.1.7. Cutting Speed-Fast Mode (60 % max material thickness): at least 17 SPM

2.1.8. Table Height: 36" Minimum/ 40" Maximum

2.1.9. Table Width: 120"

2.1.10. Back Gauge Travel (X): 48" Minimum

2.1.11. Main Motor Horsepower: 40 HP Minimum

2.2. MACHINE FEATURES: Machine shall be equipped with the following features.

2.2.1. Manual & automatic blade gap adjustment system

2.2.2. 48" travel motorized CNC back gauge

2.2.3. Servo motor driven back gauge

2.2.4. Programmable back gauge retraction

2.2.5. Back gauge swing-up feature for sheets longer than 39"

2.2.6. Stroke length adjustment designed for short cutting

2.2.7. Table w/ball transfer

2.2.8. 2 ea. 36" Support Arms with ruler scale, T channel and flip stops

2.2.9. Upper blade 2 edges and Bottom blade 4 edges

2.2.10. Illuminated cutting line

2.2.11. 6 ft. Squaring arm (measured from off table)

2.2.12. Oil cooling

2.2.13. Electrical Cabinet cooling

2.2.14. Foot Pedal operated

2.2.15. CE rated rear safety barrier

2.2.16. Front light barrier

2.2.17. Angular gage O to 180°

2.2.18. Emergency stop buttons

2.2.19. Impact pads for hold down cylinders to prevent marring of material

2.3. CONTROL FEATURES: Machine shall be equipped with Programmable Logic Control/CNC that includes the following features.

2.3.1. Linearization of the blade gap curve for optimal positioning accuracy.

2.3.2. System memory for programmable jobs

2.3.3. USB port (for memory stick only)

2.3.4. Blade gap actuation

2.3.5. Inch/mm conversion

2.3.6. Back gauge clearance during the cutting process (yes / no)

2.3.7. RTS (Return to sender) function

2.3.8. Cutting length management (potentiometer, encoder, timer)

2.3.9. Sequence repetition

2.3.10. Auto Cut (Flying Cut or continuous cut) function

2.3.11. Anti-twist management

2.3.12. Screen button for cutting laser / light guide

2.3.13. Counting of the parts up or down, with auto-stop. (user selectable Up or Down counter

2.3.14. Time and stroke counters for oil service

2.3.15. Sheet offset (multiple-cuts in the middle of the machine with reduced TDC)

2.3.16. Automatic management of blade gap

2.3.17. Automatic management of cutting angle and cutting length

2.3.18. System pressure management with ramp for pressure proportional valve

2.3.19. Pump start button

2.3.20. Auxiliary function

2.3.21. Variable rake for shear

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

4. QUALITY ASSURANCE PROVISIONS - Inspection and acceptance of the machine and/or supplies, performed at destination by Technical Point of Contact (TPOC) and shall consist of type and kind; condition; operability, if readily determinable; preservation; packaging.

4.1. RESPONSIBILITY FOR INSPECTION: The contractor shall be responsible for the performance of all inspection requirements specified herein. The contractor may use his own facility or any other commercial facility suitable for the performance of the inspection requirements specified herein, unless disapproved by the Government. The machine and all ancillary equipment shall completely conform to the requirements specified herein prior to the contractor requesting origin inspection from Government. The Government reserves the right to perform any inspections set forth in the purchase description where such inspections are deemed necessary to assure supplies and services conform to prescribed requirements.

4.2. INSPECTION / ACCEPTANCE TESTING (DESTINATION): An inspection and operational acceptance test shall be performed on the machine at destination to ensure conformance with this purchase description. The machine shall pass the examination, all tests, and the final inspection to be accepted. The supplies offered for delivery shall be examined for design, construction, components, electrical equipment and workmanship to determine conformance with the requirements of this specification. An operational test shall be conducted and witnessed by receiving activity. The machine shall be operated in a manner and for a time frame suitable to properly demonstrate and verify the successful operation of the equipment and all its component parts, relative to the design, construction and performance. Included in this test, but not limited to, shall be modes of operation, all indicating devices, operator controls, hydraulic system, safety devices, and all elements of the control system.

4.3. RESPONSIBILITY FOR COMPLIANCE: All items must meet requirements of section 2.

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. Machine Hardware: Machines shall include any necessary lifting, leveling, and floor attachment hardware for machine installation.

6.2. Electrical Items: All electrical items shall meet requirements of the current issue of NFPA

79/70 or equivalent (UL 508A).

6.3. 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.

6.4. 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.

6.5. 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. Manufacturer's serial number

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

f. Amp rating of 1 argest 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

6.6. Operating and Maintenance Manual: Machines shall be provided with operating and Maintenance Manual (O&M), Electrical Manual, Mechanical Manual & Schematics three (3) each shall be provided with the machine and one (1) each searchable electronic copy (PDF) shall be E-mailed to TPOC.

6.7. Verification Test: After installation, the Contractor shall test run machine to ensure conformance with this purchase description.

6.8. Warranty: This machine shall be warranted against any defects in parts for 84 months after the date of installation, 24 months warranty on PLC and CNC warranty, and 60 months of onsite limited labor warranty. The control, servomotors and main spindle motor are warranted against defects in material, parts, and workmanship for 12 months after the date of installation.

7. Installation:

7.1. Installation/Foundation Drawings: Not later than sixty (60) calendar days after effective date of contract; installation requirements and drawings shall be provided to Norfolk Naval Shipyard

TPOC.

7.2. Location: Machines shall be installed on the 1st floor of a building at NNSY (Norfolk Naval Shipyard, Portsmouth, VA 23709

7.3. Existing Machine Removal: Norfolk Naval Shipyard will disconnect utilities and remove existing Cincinnati Sharper Co Press Break from installation location.

7.4. Mechanical Installation: The Contractor shall provide all labor, fluids, (except for coolant) piping, interconnecting hoses, and any other materials to move, locate, set level, align, lubricate, and make ready to operate all equipment required by this contract. All machinery shall be installed to original manufacturer's tolerances.

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

7.6. Electrical Installation: The Contractor shall provide all labor, wiring, cables, disconnects, connectors, breakers and any other materials for complete installation of any necessary electrical equipment and electrically connect machine to building.

7.7. Start-up Services: Contractor shall provide start-up services for newly installed equipment.

7.8. SAFETY REQIDREMENTS: The Contractor shall develop and maintain a safety program in compliance with U.S. Army Corps of Engineers Safety and Health Requirements Manual EM 385-1-1, Public Law 91-596 Occupational Safety and Health Act, OSHA standards, 29 CFR 1910, 29 CFR 1915, and NAVSHIPYDNORINST P 5100.56, VOLUME II, CHAPTER 4.

Contractor personnel shall work in a safe manner and comply with all applicable safety regulations. The Contractor shall be subject to safety inspections of its work sites by the Government. Contractor safety records shall be available upon request by the TPOC. The contractor shall be responsible for its Subcontractor's compliance with all of the aforementioned requirements.

7.8.1. MEDICAL TREATMENT: Only emergency medical care is available on Government facilities to Contractor employees who suffer on-the-job injury or disease. Care will be rendered under the conditions and at the rates in effect at the time of treatment. The Contractor shall reimburse the Naval Regional Medical Center Collection Agent promptly upon receipt of statement.

7.8.2. DANGER TAG/S AND LOCKS: Contractors and Non-NNSY Government Agencies (NNGAs) will work to NNSY's Lockout/Tags-Plus (LOTP) program in accordance with NA VSEA OSHECM Chapter 250 Rev. I, and OSHA 29 CFR 1915.89, "Hazardous Energy Control". Contractor/NNGA employees will affix appropriate lockout or Tags-Plus systems to energy isolating devices, and to otherwise disable machines, equipment, or systems (MES) to prevent unexpected energization, start up or release of hazardous energy in order to prevent injury to employees. For copies of OSHE 250, contact TPOC.

7.8.2.1. Before using appropriate Lockout or Tags-Plus systems, the contractor or NNGAs will provide a submittal confirming that all of their on-site personnel have been trained on the OSHECM Chapter 250 Lockout/Tags-Plus program, and 1915.89.

7.8.2.2. Contractors and NNGA employees will coordinate with NNSY designated Lockout/Tags-Plus Coordinators (LOTCs) and/or Facility Custodians before applying any HEC lock or Tags-Plus systems to machinery, equipment, and/or systems.

Hazardous Energy Control locks will be provided by the contractor or NNGAs for their employees' use. Hazardous Energy Control (HEC) tags will be provided by the cognizant NNSY LOTC if MES cannot be locked out. All HEC work under Tags-Plus controls will have an energy control procedure (ECP) directing hazardous energy controls for that work.

8. Training: The contractor shall provide training to familiarize Norfolk Naval Shipyard personnel with the equipment and to help ensure reliable performance and maximum service life, during normal usage. The training shall be performed at customer facility between 7 :20 am and 3:50 pm excluding any federal holidays.

8.1. Operator / Programmer On-Site Training: Training shall be provided at the receiving activity.

Training shall include preparation of part programs, and preparation of equipment for safe operation. The trainees shall be provided instruction for all aspects of machining 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/programmers. The training period shall not be less than four (4) consecutive, eight (8) hour workdays for each machine. A training manual (which could be an additional operator's manual) shall be provided for each student.

8.2. Maintenance Personnel: Maintenance training shall include trouble-shooting and methods of correction if the equipment malfunctions, with particular emphasis on minimizing equipment down time. Training shall be provided for three (3) maintenance personnel. Training shall cover troubleshooting and maintain the machine. The training period shall not be less than one (1) eight (8) hour workday for each machine.

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 NO LESS THAN FOUR WEEKS PRIOR TO SCHEDULED ENTRY.

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).

9.3. Portable Electronic Device (PED): Cell phones are permitted into CIA area, however photography of any kind is prohibited. IF pictures are required, persons taking pictures must have Shipyard Photographers Permit (NNSY 5512/34). If company laptops or other electronic devices are required, assets must be cleared by C109 IT department prior to entry.

10. Critical time Constraints: The Installation and training shall be performed between the hours of 7:20 am and 3:50 pm excluding any federal holidays.

Name and address of Quoter Signature of person Date of quotation

Title

SAM UIED# CAGE Code:

PHONE #: _________

EMAIL ADDRESS:

Important Information:

Required Deliver Date (RDD): 12 WEEKS ARO

NAICS 333517.

PSC 3445.

Shipping term shall be FOB Destination

System for Award Management (SAM). Quoting vendors must be registered in the SAM database to be considered for award. Registration is free and can be completed on-line at http://sam.gov/.

Evaluation Factors and Required Documents:

An award will be made based on lowest price, technically acceptable (LPTA. All quotes will be evaluated for both technical acceptability and price reasonableness.

Technical Acceptability: Each quote must clearly indicate the capability of the vender to meet all specifications and requirements in the SOW.

1. Vendors must provide a detailed (unpriced) capabilities statement for review and acceptance by the Technical POC. The technical capability portion of the quote should include (if applicable):

a. Lead time for each item

b. Specifications if quoting “Alternate Material”

c. Complete list of supplies per the SOW/Ordering Data

d. Name of the Manufacturer and Country of Origin

Price Reasonableness: Each quote must breakdown pricing. This shall be a separate document from the technical capability.

1. Vendors shall provide one of the following upon request from the Government to determine price fair and reasonableness.

a. Two (2) invoices for the same or similar parts sold to customers within the last five years

b. Published price list or catalog

c. Contract numbers for the same or similar items sold to Government agencies

Quote Format:

To be considered for this opportunity, all quotes shall be:

1. Submitted in either Microsoft Word, Excel spreadsheet, or Adobe PDF.

2. The quote must include price(s), point of contact (name and phone number), business size, CAGE

Code, and payment terms

3. Shipping Terms: FOB Destination

4. Quotes shall be valid for a minimum of thirty (30) calendar days

5. Payment Confirmation: WAWF PAID BY DFAS

IF YOU DO NOT HAVE A WIDE AREA WORKFLOW (WAWF) ACCOUNT, YOU ARE

UNABLE TO RECEIVE PAYMENT FROM NORFOLK NAVAL SHIPYARD AS PAYMENT IS

PAID THROUGH WAWF.

Quote Submission and Questions:

Submission: Responses to this solicitation are due by 23 FEBRUARY 2026 1500 EST. Email quotes to monica.richardson@dla.mil.

Questions: Vendors may submit questions regarding clarification of solicitation requirements to Monica Richardson by e-mail at monica.richardson@dla.mil by 19 FEBRUARY 2026 1500 EST. Any questions received after this date may not be answered.

Provisions and Clauses:

CLAUSES BY REFERENCE

The following FAR/DFARS provisions and clauses are applicable to this solicitation:

(For full text references, go to https://www.acquisition.gov)

52.204-7 System for Award Maintenance 52.204-9 Personal Identity Verification of Contractor Personnel 52.204-13 SAM Maintenance 52.204-16 Commercial and Government Entity Code Reporting 52.204-17 Ownership or Control of Offeror 52.204-18 Commercial and Government Entity Code Maintenance 52.204-19 Incorporation by Reference of Representations and Certifications 52.211-6 Brand Name or Equal 52.211-14 Notice of Priority Rating 52.212-1 Instructions to Offerors - Commercial Products and Commercial Services 52.219-1 Alt 1 Small Business Program Representations 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or

Transactions Relation to Iran-Reps and Certs 52.232-39 Unenforceability of Unauthorized Obligations 52.242-15 Stop Work Order 52.243-1 Changes Fixed Price 52.246-1 Contractor Inspection Requirements 52.247-34 F.O.B Destination 52.253-1 Computer Generated Forms 252.203-7000 Requirements Relating to Compensation of Former DoD Officials, 252.204-7003 Control of Government Personnel Work Product 252.204-7004 Antiterrorism Awareness Training for Contractors.

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

(DEVIATION 2024-O0013, Rev 1) 252.204-7015 Disclosure of Information to Litigation Support Contractors 252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications

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

Equipment or Services 252.204-7024 Notice on the Use of the Supplier Performance Risk System 252.211-7003 Item Unique Identification and Valuation 252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous

Materials.

252.223-7008 Prohibition of Hexavalent Chromium 252.225-7000 Buy American and Balance of Payments Program Certificate – Basic 252.225-7001 Buy American and Balance of Payments Program 252.225-7002 Qualifying Country Sources as Subcontractors 252.225-7012 Preference for Certain Domestic Commodities 252.225-7036 Basic, __ Alt I, __Alt IV, Buy American Free Trade Agreements 252.225-7048 Export Controlled Items 252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous

Region – Representation

252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region

252.231-7000 Supplemental Cost Principles.

252.232-7003 Electronic Submission of Payment Requests 252.232-7010 Levies on Contract Payments 252.239-7017 Notice of Supply Chain Risk 252.243-7001 Pricing of Contract Modifications 252.244-7000 Subcontracts for Commercial Items 252.246-7003 Notification of Potential Safety Issues 252.247-7023 Transportation of Supplies by Sea

FULL TEXT

52.211-15 Defense Priority and Allocation Requirements

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).

52.211-17 Delivery of Excess Quantities The Contractor is responsible for the delivery of each item quantity within allowable variations, if any. If the Contractor delivers and the Government receives quantities of any item in excess of the quantity called for (after considering any allowable variation in quantity), such excess quantities will be treated as being delivered for the convenience of the Contractor. The Government may retain such excess quantities up to $250 in value without compensating the Contractor therefore, and the Contractor waives all right, title, or interests therein. Quantities in excess of $250 will, at the option of the Government, either be returned at the Contractor's expense or retained and paid for by the Government at the contract unit price.

52.212-2 Evaluation - Commercial Products and Commercial Services

(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. Price

iii. Delivery

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

(a) Definitions. As used in this provision --

"Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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

"Forced or indentured child labor" means all work or service-

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

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

"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

(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:

Line Item No. Country of origin

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

Other Foreign End Products:

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

[List as necessary]

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

Line Item No.

(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:

Line Item No. Country of origin

[List as necessary]

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

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

(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products.

Other End Products:

Line Item No. Country of origin

(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…