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This is a combined synopsis/solicitation for commercial items prepared in accordance with the

format in Federal Acquisition Regulation (FAR) subpart 12.6, as supplemented with additional

information included in this notice. This announcement constitutes the only solicitation; quotes

are being requested and a written solicitation will not be issued.

(i) This solicitation number 12FPC323Q0112 is issued as a Request for Quotation

(RFQ) and the acquisition procedures at FAR Part 12 and 13 are being utilized. The

Government intends to issue a firm fixed price (FFP) award based on the lowest

price, technically acceptable quote that conforms to the solicitation requirements.

(ii) This solicitation document and incorporated provisions and clauses are those in effect

through Federal Acquisition Circular 2023-04 thru June 2, 2023

(iii) This is a total (100%) small business set-aside. NAICS code is 336999 – All Other

Transportation Equipment Manufacturing with a size standard of 1,000 employees.

For more information on size standards visit http://www.sba.gov/size.

(iv) Line Item 0001 – (4) Polaris 850 Pro RMK Snowmobiles (brand name or equal)

Line Item 0002 – (4) Polyester Cover, RMK Axys

Line Item 0003 – (4) Sentry Skid plate, Black

Line Item 0004 – Shipping Cost

(v) Description of Requirement. The United States Department of Agriculture

(USDA), Natural Resources Conservation Service (NRCS) Casper, WY has a

requirement for the acquisition of Four (4) Polaris 850 Pro RMK Snowmobiles

(brand name or equal) each with a Polyester Cover and Sentry Skid plate (See

Attachment 1). This is a “brand name or equal” requirement (See Attachment 2).

(vi) Date(s) and Place(s) of Delivery and Acceptance. Period of Performance /

Delivery date will be approximately 180 days after receipt of award. The product

will be delivered to the location listed below.

Delivery Location: USDA NRCS – 100 East 'B' Street, Room 3124 Casper WY 82601

(vii) The provision at 52.212-1, Instructions to Offerors—Commercial, applies to this

acquisition. The following addenda also apply. Addendum to 52.212-1, Modify (b):

Submission of Offers to read as follows: All Quotes shall be submitted on company

letterhead, (and any applicable amendments), signed, dated and sent via email to Ms.

C. Thomas, Contract Specialist, email: chauquetta.thomas@usda.gov, no later than

September 18, 2023 at 9:00 AM EST. The offeror shall include all applicable

freight charges required to deliver all products to ground level at the destination in

their price quote. The offeror shall provide a Firm Fixed Price quote that is in

accordance with this solicitation. To be considered technically acceptable, the offeror

2

must submit the following: 1) Quote on Company Letterhead, with any amendments,

as applicable, signed, and priced; 2) Items must conform to the required

specifications; 3) Registered and active in SAM.gov prior to award; 4) Must have

NAICS code 336999 in beta.SAM.gov prior to award.

(viii) FAR provision 52.212-2, Evaluation-Commercial Items – The Government intends to

make an award based on the vendor submitting the quote with the Lowest Price,

Technically Acceptable process.

(ix) Offerors are required to complete the provision at 52.212-3, Offeror Representations

and Certifications—Commercial Items. This must be completed at www.SAM.gov

and the registration in an “Active” status.

(x) The clause at 52.212-4, Contract Terms and Conditions—Commercial Items, applies

to this acquisition and addenda are not attached.

The clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or

Executive Orders—Commercial Items, applies to this acquisition and the following

additional FAR clauses cited in the clause are applicable to this acquisition.

(a) The Contractor shall comply with the following FAR clauses, which are incorporated in

this contract by reference, to implement provisions of law or Executive orders applicable to

acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (JAN 2017) (section743 of Division E, Title VII, of the Consolidated and Further

Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in

subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed

or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of

Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR

2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801)

(6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-

77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the

Contracting Officer has indicated as being incorporated in this contract by reference to

implement provisions of law or Executive orders applicable to acquisitions of commercial

items:

3

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUNE 2020), with

Alternate I (OCT 1995)(41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C.

3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and

Reinvestment Act of 2009 (JUN 2010)(Section 1553 of Pub. L. 111-5). (Applies to contracts

funded by the American Recovery and Reinvestment Act of 2009.)

__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards

(JUN 2020) (Pub. L. 109-282)( 31 U.S.C. 6101 note).

__ (5) [Reserved]

__ (6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117,

section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts

(OCT 2016) (Pub. L.111-117, section 743 of Div. C).

__ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility

Matters (OCT 2018)(41 U.S.C. 2313).

__ (10) [Reserved].

__ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15

U.S.C. 657a).

__ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its

offer) (15 U.S.C. 657a).

__ (13) [Reserved]

X (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

__ (ii) Alternate I (MAR 2020) of 52.219-6.

__ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C.

644).

__ (ii) Alternate I (MAR 2020) of 52.219-7.

__ (16) 52.219-8, Utilization of Small Business Concerns (OCT 2022) (15 U.S.C. 637(d)(2)

and (3)).

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (OCT 2022) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (NOV 2016) of 52.219-9

__ (iii) Alternate II (NOV 2016) of 52.219-9

__ (iv) Alternate III (JUN 2020) of 52.219-9

__ (v) Alternate IV (SEP 2021) of 52.219-9

__ (18) (i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

__ (ii) Alternate I (MAR 2020) of 52.219-13

__ (19) 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (SEP 2021) (15 U.S.C.

637(d)(4)(F)(i))

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside

(OCT 2022)(15 U.S.C. 657f)

__ (22) (i) 52.219-28, Post Award Small Business Program Representation (MAR 2023) (15

4

U.S.C. 632(a)(2))

__ (ii) Alternate I (MAR 2020) of 52.219-28

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically

Disadvantaged Women-Owned Small Business Concerns (MAR 2020) (15 U.S.C. 637(m)

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small

Business Concerns Eligible Under the Women-Owned Small Business Program (Mar2020)

(15 U.S.C. 637(m)).

__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15

U.S.C. 644(r)).

__ (26) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15U.S.C. 637(a)(17)

X (27) 52.222-3, Convict Labor (JUN 2003) (E.O.11755).

X (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (DEC 2022)

(E.O.13126)

X (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015)

X (30) (i) 52.222-26, Equal Opportunity (SEP 2016) (E.O.11246)

__ (ii) Alternate I (FEB 1999) of 52.222-26

__(31) (i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

__ (ii) Alternate I (JUL 2014) of 52.222-35

X (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29

U.S.C. 793)

__ (ii) Alternate I (JUL 2014) of 52.222-36

__ (33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212)

__ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(DEC 2010) (E.O. 13496)

X (35) (i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78

and E.O. 13627)

__ (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627)

__ (36) 52.222-54, Employment Eligibility Verification (MAY 2022). (Executive Order

12989) (Not applicable to the acquisition of commercially available off-the-shelf items or

certain other types of commercial items as prescribed in 22.1803.)

__ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–

Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the

acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the

acquisition of commercially available off-the-shelf items.)

__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (Jun 2016)(E.O. 13693)

__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment

and Air Conditioners (JUN 2016) (E.O. 13693)

__ (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014)

(E.O.s 13423 and 13514)

__ (ii) Alternate I (OCT 2015) of 52.223-13.

__ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s

13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-14.

__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42

5

U.S.C. 8259b)

__ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products

(OCT 2015) (E.O.s 13423 and13514).

__ (ii) Alternate I (JUN 2014) of 52.223-16.

X (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving

(JUN 2020) (E.O. 13513)

__ (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693)

__ (46) 52.223-21, Foams (JUN 2016) (E.O. 13693)

__ (47) (i) 52.224-3 Privacy Training (JAN 2017) (5 U.S.C. 552 a)

__ (ii) Alternate I (JAN 2017) of 52.224-3

X (48) 52.225-1, Buy American-Supplies (OCT 2022) (41 U.S.C. chapter 83)

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (DEC

2022)(41 U.S.C.chapter83,19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note,

19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78,108-286, 108-302, 109-53, 109-169,

109-283, 110-138, 112-41, 112-42, and 112-43

__ (ii) Alternate I [Reserved]

__ (iii) Alternate II (DEC 2022) of 52.225-3

__ (iv) Alternate III (JAN 2021) of 52.225-3

__ (v) Alternate IV (OCT 2022) of 52.225-3

__ (50) 52.225-5, Trade Agreements (DEC 2022) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301

note)

__ (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.’s,

proclamations, and statutes administered by the Office of Foreign Assets Control of the

Department of the Treasury).

__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United

States (Oct 2016) (Section862, as amended, of the National Defense Authorization Act for

Fiscal Year 2008; 10 U.S.C. 2302 Note)

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.

5150)

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov

2007) (42 U.S.C. 5150)

__ (55) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021)

__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (NOV 2021) (41

U.S.C. 4505,10 U.S.C. 2307(f)

__ (57) 52.232-30, Installment Payments for Commercial Items (NOV 2021) (41 U.S.C.

4505, 10 U.S.C. 2307(f))

X (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management

(OCT 2018)(31 U.S.C. 3332)

__ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award

Management (Jul 2013)(31 U.S.C. 3332)

__ (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332)

__ (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a)

__ (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017) (15 U.S.C.

637(d)(13))

__ (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV

2021)(46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631)

6

__ (ii) Alternate I (APR 2003) of 52.247-64

__ (iii) Alternate II (NOV 2021) of 52.247-64.(c) The Contractor shall comply with the FAR

clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer

has indicated as being incorporated in this contract by reference to implement provisions of

law or Executive orders applicable to acquisitions of commercial items:

__ (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67)

__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C.

206 and 41 U.S.C. chapter 67)

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price

Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41

U.S.C. chapter 67)

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price

Adjustment (May 2014) (29U.S.C.206 and 41 U.S.C. chapter 67)

__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to

Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements

(MAY 2014) (41 U.S.C. chapter 67)

__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to

Contracts for Certain Services-Requirements (MAY 2014) (41 U.S.C. chapter 67)

X (7) 52.222-55, Minimum Wages Under Executive Order 13658 (JAN 2022)

__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706)

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020)

(42 U.S.C. 1792)

(d) Comptroller General Examination of Record. The Contractor shall comply with the

provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in

excess of the simplified acquisition threshold, as defined in FAR2.101, on the date of award

of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the

Comptroller General, shall have access to and right to examine any of the Contractor’s

directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records,

materials, and other evidence for examination, audit, or reproduction, until 3 years after final

payment under this contract or for any shorter period specified in FAR subpart 4.7,

Contractor Records Retention, of the other clauses of this contract. If this contract is

completely or partially terminated, the records relating to the work terminated shall be made

available for 3 years after any resulting final termination settlement. Records relating to

appeals under the disputes clause or to litigation or the settlement of claims arising under or

relating to this contract shall be made available until such appeals, litigation, or claims are

finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and

practices, and other data, regardless of type and regardless of form. This does not require the

Contractor to create or maintain any record that the Contractor does not maintain in the

ordinary course of business or pursuant to a provision of law.

7

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of

this clause, the Contractor is not required to flow down any FAR clause, other than those in

this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated

below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C.

3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (JAN 2017)(section 743 of Division E, Title VII, of the Consolidated and Further

Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in

subsequent appropriations acts (and as extended in continuing resolutions) .

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed

or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of

Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (OCT 2022) (15 U.S.C. 637(d)(2) and

(3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract

(except subcontracts to small business concerns) exceeds the applicable threshold specified

in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8

in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-21, Prohibition of Segregated Facilities (APR 2015)

(vii) 52.222-26, Equal Opportunity (SEP 2015) (E.O.11246)

(viii) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212)

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793)

(x) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212)

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR

clause 52.222-40

(xii) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67)

(xiii) (A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78

and E.O 13627).(B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O.

13627)

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to

Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May

2014) (41 U.S.C. chapter 67)

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to

Contracts for Certain Services-Requirements (MAY 2014) (41 U.S.C. chapter 67)

(xvi) 52.222-54, Employment Eligibility Verification (MAY 2022) (E.O. 12989)

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (JAN 2022)

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706)

(xix) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a). (B) Alternate I (JAN 2017)

of 52.224-3

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States

(OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal

Year 2008; 10 U.S.C. 2302 Note)

8

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42

U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar

2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with

paragraph (c) of 52.232-40

(xxiii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV

2021)(46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance

with paragraph (d) of FAR clause 52.247-64. (2) While not required, the Contractor may

include in its subcontracts for commercial items a minimal number of additional clauses

necessary to satisfy its contractual obligations.

(End of clause)

52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they

were given in full text. Upon request, the Contracting Officer will make their full text available.

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

https://www.acquisition.gov/?q=browsefar

(End of Clause)

Attachments Descriptions Pages

Attachment 1 P08 1104924 Specs Polaris 850 Pro RMK Snowmobiles 4

Attachment 2 P08 Brand Name or Equal 1

PART IV. REPRESENTATIONS AND INSTRUCTIONS

SECTION K. REPRESENATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF

BIDDERS

52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) The

Contractor’s representations and certifications, including those completed electronically via the

System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

L. INSTRUCTIONS, CONDITIONS, AND NOTICES TO BIDDERS

52.225-1 Buy American-Supplies (Oct 2022)

(a) Definitions. As used in this clause—

Commercially available off-the-shelf (COTS) item—

(1) Means any item of supply (including construction material) that is–

(i) A commercial product (as defined in paragraph (1) of the definition of “commercial product”

at Federal Acquisition Regulation (FAR) 2.101);

9

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without

modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C.40102(4), such as agricultural products

and petroleum products.

Component means an article, material, or supply incorporated directly into an end product.

Cost of components means—

(1) For components purchased by the Contractor, the acquisition cost, including transportation

costs to the place of incorporation into the end product (whether or not such costs are paid to a domestic

firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of

the component, including transportation costs as described in paragraph (1) of this definition, plus

allocable overhead costs, but excluding profit. Cost of components does not include any costs associated

with the manufacture of the end product.

Critical component means a component that is mined, produced, or manufactured in the United States

and deemed critical to the U.S. supply chain. The list of critical components is at FAR 25.105 .

Domestic end product means—

(1) For an end product that does not consist wholly or predominantly of iron or steel or a

combination of both-

(i) An unmanufactured end product mined or produced in the United States;

(ii) An end product manufactured in the United States, if-

(A) The cost of its components mined, produced, or manufactured in the United States

exceeds 60 percent of the cost of all its components, except that the percentage will be 65 percent for

items delivered in calendar years 2024 through 2028 and 75 percent for items delivered starting in

calendar year 2029. Components of foreign origin of the same class or kind as those that the agency

determines are not mined, produced, or manufactured in sufficient and reasonably available commercial

quantities of a satisfactory quality are treated as domestic. Components of unknown origin are treated as

foreign. Scrap generated, collected, and prepared for processing in the United States is considered

domestic; or

(B) The end product is a COTS item; or

(2) For an end product that consists wholly or predominantly of iron or steel or a combination of

both, an end product manufactured in the United States, if the cost of foreign iron and steel constitutes

less than 5 percent of the cost of all the components used in the end product. The cost of foreign iron and

steel includes but is not limited to the cost of foreign iron or steel mill products (such as bar, billet, slab,

wire, plate, or sheet), castings, or forgings utilized in the manufacture of the end product and a good faith

estimate of the cost of all foreign iron or steel components excluding COTS fasteners. Iron or steel

components of unknown origin are treated as foreign. If the end product contains multiple components,

10

the cost of all the materials used in such end product is calculated in accordance with the definition of

"cost of components".

End product means those articles, materials, and supplies to be acquired under the contract for public

use.

Fastener means a hardware device that mechanically joins or affixes two or more objects together.

Examples of fasteners are nuts, bolts, pins, rivets, nails, clips, and screws.

Foreign end product means an end product other than a domestic end product.

Foreign iron and steel means iron or steel products not produced in the United States. Produced in the

United States means that all manufacturing processes of the iron or steel must take place in the United

States, from the initial melting stage through the application of coatings, except metallurgical processes

involving refinement of steel additives. The origin of the elements of the iron or steel is not relevant to the

determination of whether it is domestic or foreign.

Predominantly of iron or steel or a combination of both means that the cost of the iron and steel

content exceeds 50 percent of the total cost of all its components. The cost of iron and steel is the cost of

the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized

in the manufacture of the product and a good faith estimate of the cost of iron or steel components

excluding COTS fasteners.

Steel means an alloy that includes at least 50 percent iron, between 0.02 and 2 percent carbon, and

may include other elements.

United States means the 50 States, the District of Columbia, and outlying areas.

(b) 41 U.S.C. chapter 83, Buy American, provides a preference for domestic end products for supplies

acquired for use in the United States. In accordance with 41 U.S.C. 1907, the domestic content test of the

Buy American statute is waived for an end product that is a COTS item (see 12.505(a)(1)), except that for

an end product that consists wholly or predominantly of iron or steel or a combination of both, the

domestic content test is applied only to the iron and steel content of the end product, excluding COTS

fasteners.

(c) Offerors may obtain from the Contracting Officer a list of foreign articles that the Contracting

Officer will treat as domestic for this contract.

(d) The Contractor shall deliver only domestic end products except to the extent that it specified

delivery of foreign end products in the provision of the solicitation entitled "Buy American Certificate."

(End of clause)

52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force

and effect as if they were given in full text. Upon request, the Contracting Officer will make their full

text available. The offeror is cautioned that the listed provisions may include blocks that must be

completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text

of those provisions, the offeror may identify the provision by paragraph identifier and provide the

11

appropriate information with its quotation or offer. Also, the full text of a solicitation provision may

be accessed electronically at this/these address(es):

https://www.acquisition.gov/?q=browsefar

(End of Provision)

4I-52.233-70 Protests to the Agency. (Mar 2016)

(a) An agency protest filed with the contracting officer shall be sent to the contracting officer’s

mailing address or email address listed in the solicitation. The contractor should contact the

contracting officer to verify the mailing or email address prior to delivering a protest.

(b) The independent review of a contracting officer’s decision regarding a protest described at FAR

33.103(d)(4) is not available as an alternative to consideration of the protest by the contracting

officer. An independent review is available only as an appeal of the contracting officer’s decision on

a protest. An appeal must be filed within 10 calendar days of the protestor’s receipt of the contracting

officer’s decision, otherwise the appeal will be deemed untimely and not considered. The appeal

must be directed to the Contracting Services Branch Chief but sent to the contracting officer.

(c)The protest must contain all of the elements required by FAR 33.103(d)(2). Failure to substantially

comply with any of the requirements of FAR 33.103(d)(2) may be grounds for dismissal of the

protest.

(End of provision)

AGAR 452.219-70 Size Standard and NAICS Code Information. (Sep 2001)

The North American Industrial Classification System Code(s) and business size standard(s)

describing the products and/or services to be acquired under this solicitation are listed below:

Contract Line Item(s): All

NAICS Code: 336999

Size Standard: 1000 employees