Synopsis_Solicitation W564KV24Q0008 UAV Drone and Cameras.pdf

Quote Submissions: Quotes are due no later than 25 April 2024 at 9:00 AM Central European Time. Quoters are responsible for verifying receipt of their quotes to this office before offer due date and time.

COMBINED SYNOPSIS/SOLICITATION

W564KV24Q0008

UNMANNED AIRCRAFT VEHICLE (UAV)

DRONE WITH RADIOMETRIC THERMAL CAMERA

BAR, MONTENEGRO

ISSUED: 11 April 2024

This is a firm-fixed-price request for quotation (RFQ) for the purchase of an Unmanned Aircraft Vehicle (UAV) with Radiometric Thermal Camera for Bar, Montenegro.

This solicitation is prepared in accordance with FAR Part 12 in conjunction with the policies and procedures for solicitation, evaluation, and award as prescribed in FAR Part 13. The following solicitation document, incorporated provisions, and clauses are in effect through Federal Acquisition Regulation 2024-02.

This solicitation is unrestricted. The NAICS Code is 336411 – Aircraft Manufacturing, where unmanned and robotic aircraft manufacturing was listed as a corresponding index category. This solicitation is being advertised through SAM.gov as a new contract opportunity. All prospective contractors must be registered in the System for Award Management (SAM) at www.sam.gov prior to submission of quotations to be eligible for award. Lack of SAM registration will make a contractor ineligible for award. The Contract Specialist is Sonya K. Miller, Sonya.K.Miller.civ@army.mil

52.212-1 INSTRUCTIONS TO OFFERORS–COMMERCIAL ITEMS – ADDENDUM

Offerors’ submission shall be electronically emailed to Sonya.K.Miller.civ@army.mil. Attach the quote and any additional supporting documentation as a PDF file. We do not except facsimile (Fax) responses. If you have any questions or concerns, you may contact Sonya Miler at the above email.

Provide the following information with your submission:

1. Company Name:

2. Address / Telephone No.:

3. Cage Code (or UEI from SAM.gov):

4. Point of Contact – Name, Phone, Email:

5. Quotes – Enter price information on the Table 1 – Pricing Schedule provided on page 2. State whether the proposed pricing is commercial pricing or through a contract vehicle, such as a GSA schedule.

W564KV24Q0008 Page 2 of 36

The government request quotes for the following products:

1. Table 1. Pricing Schedule

Item# Supplies/Services QTY UOM Unit Cost Cost 0001 Unmanned Aircraft Vehicle

FFP

Contractor shall deliver in accordance with solicitation and Exhibit 1.

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item.

The contractor shall provide DoD unique identification, or a DoD recognized unique identification equivalent.

FOB: Destination DSCA Number: MJ-HA-2023-00070130

PSC CD: 1550

NSP NSP Total Cost of

CLINS

0001AA-AC

Total Cost of CLINS

0001AA-AC

0001AA Drone

FFP

Contractor shall deliver an industrial grade drone in accordance with the specifications in Exhibit 1.

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item.

The contractor shall provide DoD unique identification, or a DoD recognized unique identification equivalent.

FOB: Destination

PSC CD: 1550

1 Each $ $

0001AB Radiometric Thermal Camera

FFP

Compatible and mountable to Drone. Contractor shall deliver in accordance with the specifications in Exhibit 1.

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item.

The contractor shall provide DoD unique identification, or a DoD recognized unique identification equivalent.

FOB: Destination

PSC CD: 1550

1 Each $ $

0001AC Handheld Thermal Camera

FFP

Contractor shall deliver in accordance with the specifications in Exhibit 1.

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item.

The contractor shall provide DoD unique identification, or a DoD recognized unique identification equivalent.

FOB: Destination

PSC CD: 1550

5 Each $ $

W564KV24Q0008 Page 3 of 36

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 NA N/A N/A N/A

0001AA Destination Government Destination Government 0001AB Destination Government Destination Government 0001AC Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 N/A N/A N/A N/A

0001AA 60 dys. ADC 1 DEPARTMENT OF PROTECTION AND

RESCUE

VULEVIC ACO

MAKEDONSKA STREET, NO. 14

85000 BAR

MONTENEGRO

+382 30 313-171 FOB: Destination

W91FVL

0001AB 60 dys. ADC 1 (SAME AS PREVIOUS LOCATION) FOB: Destination

W91FVL

0001AC 60 dys. ADC 5 (SAME AS PREVIOUS LOCATION) FOB: Destination

W91FVL

CLAUSES INCORPORATED BY REFERENCE

CLAUSE(S) 52.212-1 - ADDENDUM TO FAR 52.212-1

1. The Government intends to award a Firm Fixed-Price (FFP) contract for this requirement based on price IAW FAR 13.106. Quotes which do not meet the required minimum salient characteristics of Exhibit 1 or the delivery requirements of this solicitation will be determined "Unacceptable" and may not be considered for award. The Government reserves the right to make a single full award or multiple partial awards based on the quotes received in response to this solicitation.

2. Quoter shall include all documents and information in accordance with the instructions herein.

Noncompliance with the Request for Quotes (RFQ) requirements may hamper the Government's ability to properly evaluate the quote and may result in elimination of the quote from further consideration for award.

Quoter is cautioned to follow the instructions carefully and is encouraged to present its best prices in its initial

52.201-1 Acquisition 360: Voluntary Survey SEP 2023 52.204-7 System for Award Management OCT 2018 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-25 Prohibition on Contracting for Certain Telecommunications NOV 2021 and Video Surveillance Services or Equipment 52.204-29 Federal Acquisition Supply Chain Security Act Orders-- DEC 2023

Representation and Disclosures.

52.212-1 Instructions to Offerors--Commercial Products and Commercial Services SEP 2023

W564KV24Q0008 Page 4 of 36 submission, because the Government intends to evaluate quotes and award a contract without discussions with Quoters. Quoters shall submit a proposal that is self-sufficient and responds directly to the requirements of this solicitation. If a Quoter believes that the requirements in these instructions contain an error, an ambiguity, omission, or are otherwise deemed unsound, the Quoter shall immediately notify the Contracting Officer (KO) in writing with supporting rationale.

3. REQUIRED CLAUSES AND PROVISIONS: The quoter must complete and submit with their quote, as appropriate, the following representations, certifications and clauses listed in full text within this solicitation.

i. Quoter shall complete FAR 52.212-3, Offeror Representations and Certifications – Commercial

Items, listed in full text within this solicitation.

Note:

a. The quoter shall complete only paragraph (b) of FAR 52.212-3 if the quoter has already completed the annual representations and certifications electronically in the System for Award Management (SAM) accessed through https://www.sam.gov.

b. If the quoter has not completed the annual representations and certifications electronically in SAM, then the quoter shall complete paragraphs (c) through (v) of FAR 52.212-3.

ii. FAR 52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment

iii. DFARS 252.204-7016, Covered Defense Telecommunications Equipment or Services

iv. DFARS 252.204-7017, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services – Representation

v. DFARS 252.229-7001, Tax Relief

4. All quotes, questions, and correspondence shall be submitted in the ENGLISH language. quotes submitted in a language other than English will be determined "Unacceptable" and will not be evaluated. quotes that are sent in multiple emails must be numbered sequentially to include the total number of emails sent.

5. The quoter is responsible for ensuring the Government’s receipt of its quote. No late submissions will be accepted. Page 1 of this solicitation provides the due date and time for offers. Local time is Central European Time

(CET).

6. SYSTEM FOR AWARD MANAGEMENT (SAM): In order to be considered for award, prospective offerors shall be registered in SAM by the date offers are due (www.sam.gov).

7. SUBMISSION OF OFFERS SHALL BE VIA EMAIL TO THE FOLLOWING:

Sonya Miller, Contracting Specialist, sonya.k.miller.civ@army.mil and Cory Moore, Contracting Officer, cory.l.moore7.civ@army.mil.

8. Any questions shall be sent via email to Sonya Miller, Contracting Specialist, sonya.k.miller.civ@army.mil and Cory Moore, Contracting Officer, cory.l.moore7.civ@army.mil, NO LATER THAN 3 days prior to the solicitation close date. Questions shall annotate a reference to the specific solicitation element to which they pertain.

9. PRICE SUBMISSION. The Government reserves the right to make a single full award or multiple partial awards based on the quotes received in response to this solicitation. The quoter shall submit proposed prices as either a PDF or Excel format that is consistent with and supports the line items in Table 1. on page 2 as provided as part of this solicitation.

10. SUBMISSION REQUIREMENTS. The quoter shall submit descriptive literature that will be used to evaluate that the product being quoted conforms to the minimum salient characteristics. Failure to provide the descriptive literature may result in a quoters’ quote being determined non-responsive and removed from further consideration for award. The quoted items shall be identified by at least one of the following five Material Identifiers for each line item: 1. National Stock Number (NSN) 2. Internet Blog Serial Number (IBSN) 3. Universal Product Code (UPC) 4.

http://www.sam.gov/ mailto:sonya.k.miller.civ@army.mil mailto:cory.l.moore7.civ@army.mil mailto:sonya.k.miller.civ@army.mil mailto:cory.l.moore7.civ@army.mil

W564KV24Q0008 Page 5 of 36

Global Standards 1 (GS1) or 5. Manufacturer Commercial and Government Entity (CAGE) and part number. The following technical documentation shall be provided upon submission of the vendors quote to evaluated IAW 52.212-2:

(1) Technical Subfactor 1: Technical literature:

(a) Product literature that list the place of manufacture for the products being quoted and identifies each product by one of the five Material Identifiers.

11. COMPLIANCE REVIEW. After receipt of quotes, the Government will perform a compliance review of the quoter’s quote to determine the extent of compliance to the solicitation instructions. A quote may be rejected if the clauses and provisions are not completely and accurately filled in and submitted with the quotes as required by FAR 52.212-1 Addendum paragraph 3 “Required Clauses and Provisions” of this solicitation.

(End of Addendum)

CONTINUED CLAUSES INCORPORATED BY REFERENCE

52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services NOV 2023 52.212-5 Contract Terms and Conditions Required to Implement DEC 2023

Statutes or Executive Orders--Commercial Products and Commercial Services 52.214-34 Submission Of Offers In The English Language APR 1991 52.222-50 Combating Trafficking in Persons NOV 2021 52.225-14 Inconsistency Between English Version And Translation Of Contract FEB 2000 52.247-34 F.O.B. Destination NOV 2021 252.203-7000 Requirements Relating to Compensation of Former DoD Officials SEP 2011 252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.203-7005 Representation Relating to Compensation of Former DoD Officials SEP 2022 252.204-7002 Payment For Contract Line or Subline Items Not Separately Priced APR 2020 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support JAN 2023 252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation DEC 2019 252.204-7017 Prohibition on the Acquisition of Covered Defense MAY 2021

Telecommunications Equipment or Services -- Representation 252.204-7018 Prohibition on the Acquisition of Covered Defense JAN 2023

Telecommunications Equipment or Services 252.204-7022 Expediting Contract Closeout MAY 2021 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 252.223-7008 Prohibition of Hexavalent Chromium JAN 2023 252.225-7041 Correspondence in English JUN 1997 252.225-7043 Antiterrorism/Force Protection Policy for Defense Contractors Outside the United States JUN 2015 252.225-7048 Export-Controlled Items JUN 2013 252.225-7055 Representation Regarding Business Operations with the Maduro Regime MAY 2022 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime JAN 2023 252.225-7059 Prohibition on Certain Procurements from the Xinjiang JUN 2023

Uyghur Autonomous Region - Representation 252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region JUN 2023 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports DEC 2018 252.232-7008 Assignment of Claims (Overseas) JUN 1997 252.232-7010 Levies on Contract Payments DEC 2006 252.233-7001 Choice of Law (Overseas) JUN 1997 252.244-7000 Subcontracts for Commercial Products or Commercial Services JAN 2023 252.244-7001 Alt I Contractor Purchasing System Administration (May 2014) -- Alternate I MAY 2014 252.246-7007 Contractor Counterfeit Electronic Part Detection and Avoidance System JAN 2023 252.246-7008 Sources of Electronic Parts JAN 2023 252.247-7023 Transportation of Supplies by Sea JAN 2023

W564KV24Q0008 Page 6 of 36

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

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

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that--

(1) It [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The

W564KV24Q0008 Page 7 of 36

Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—

It [ ] does, [ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

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

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

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

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services--

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

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

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

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

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

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services--

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

W564KV24Q0008 Page 8 of 36

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

(End of provision)

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

(a) The Government will award a Firm Fixed Price contract on the basis of Lowest Price Technically Acceptable (LPTA) using FAR Part 13 Procedures 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. Factor 1 Technical: The offer will be evaluated as technically acceptable if the offer demonstrates it can meet the salient characteristics, quantities, and delivery schedule as solicited. The offer will be determined technically unacceptable if it does not meet the salient characteristics, quantities, and delivery scheduled as solicited.

Subfactor 1: Technical Literature: The technical literature listing the place of manufacture for the quoted items will be determined acceptable if the place of manufacture is in the U.S., a Qualifying country, or a Designated country. If the product is determined to be manufactured in a covered foreign country the quote will be determined unacceptable and not considered for award.

ii. Factor 2 Price: The Government will review the pricing submissions for completeness and compliance with the instructions provided in 52.212-1. Incomplete price submissions may not be evaluated and the proposal may be eliminated from the competition. Price will not be scored or rated. As part of the price evaluation, the Government will consider Price risk in accordance with the provision at DFARS 252.204-7024, Notice on the Use of the Supplier Performance Risk System, as supplemented by this criteria. The Government will query the SPRS using a material identifier for the products as described in Exhibit 1. If the SPRS query indicates a risk of the proposed price being too high, then the Government will consider that risk when performing its price reasonableness determination. NOTE: When performing its price evaluation to include consideration of Price risk, the Government will NOT evaluate for price realism. Normally, adequate price competition establishes a fair and reasonable price. The Government will evaluate Offers for award by calculating a Total Evaluated Price (TEP) for each Offeror. TEP will be calculated by adding each priced Contract Line Item Numbers (CLIN/s) and Subcontract Line Item Number (SLIN/s), together and evaluating the total sum, or TEP of the proposal. The Offeror may submit pricing in either Euros or U.S. Dollars (USD). Prices shall be exclusive of Value Added Tax (VAT) IAW 252.229-7001.

iii. Factor 3 Supplier Performance Risk System (SPRS) Assessment: The Government will consider Risk in accordance with the provision at DFARS 252.204-7024, Notice on the Use of the Supplier Performance Risk System, as supplemented by this criteria. Supplier risk and Item risk will be considered under this factor using information contained in the SPRS. Price risk will be considered separately under the Price factor. Any questions or concerns the offeror has concerning its SPRS risk assessments should be addressed as described in paragraph (d) of DFARS 252.204-7024. To be eligible for award, the offeror must be considered Acceptable under both subfactors below. An offeror deemed Unacceptable under one or both subfactors will be deemed ineligible for award. Offerors without a risk assessment in SPRS shall be deemed Acceptable under this factor.

• Supplier Risk Using the SPRS Supplier Risk Report, Offerors will be rated on the basis of the following definitions:

Acceptable: Offeror has a Supplier Risk Score of Green, Purple, Blue, or Black.

Unacceptable: Offeror has a Supplier Risk Score of Yellow, Red, or Grey.

(b) No Options are used.

W564KV24Q0008 Page 9 of 36

(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.

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

COMMERCIAL SERVICES (NOV 2023) ALTERNATE I (OCT 2014)

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;

http://www.sam.gov/

W564KV24Q0008 Page 10 of 36

(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 concern"--

(1) Means a small business concern—

W564KV24Q0008 Page 11 of 36

(i) Not less than 51 percent of which is owned 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.

(2) Service-disabled veteran 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).

"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 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.

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"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) Service-disabled veteran-owned small business 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 as part of its

W564KV24Q0008 Page 13 of 36 offer that--

(i) It [ ] is, [ ] is not a service-disabled veteran-owned small business concern; or

(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR 125.18(b)(1) and (2).

[The offeror shall enter the name and unique entity identifier of each party to the joint venture: .] Each service-disabled veteran-owned small business concern participating in the joint venture shall provide representation of its service-disabled veteran-owned small business concern status.

(4) 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 124.1002.

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

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

(7) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents that it [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c).

[The offeror shall enter the name and unique entity identifier of each party to the joint venture: .]

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

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

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

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

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

(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) 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).

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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: (list as necessary)

Line Item No.

Country of origin

Exceeds 55% domestic content

(yes/no)

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(3) Domestic end products containing a critical component: (list as necessary)

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

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

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

(B) The terms "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: (list as necessary)

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''.

W564KV24Q0008 Page 16 of 36

Other Foreign End Products: (list as necessary)

Country of origin

Exceeds 55% domestic content

(yes/no)

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

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

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

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

Israeli End Products: (list as necessary)

(3) Buy American--Free Trade Agreements--Israeli Trade Act Certificate, Alternate III. If Alternate III 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 Free Trade Agreement country end products (other than Bahraini, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American --Free Trade Agreements--Israeli Trade Act":

Free Trade Agreement Country End Products (Other than Bahraini, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products: (list as necessary)

W564KV24Q0008 Page 17 of 36

(4) Trade Agreements Certificate. (Applies only if the clause at FAR…