(1) RFQ_70RDAD23Q00000050_News Clipping Services.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

DHS/OPO/DEPT.OPS

245 Murray Lane SW, #0115 Dept. Operations Acquisition Div.

Office of Procurement Operations U.S. Dept. of Homeland Security

DHS CODE 16. ADMINISTERED BYCODE

X

X

X

519290

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED OR70RDAD

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

04/13/2023 1500 ED202-447-5581Myrtle Miller (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

70RDAD23Q00000050

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 49 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

Washington DC 20528-0115

TELEPHONE NO.

17a. CONTRACTOR/

Washington DC 20528-0115 301 7th Street, SW, RM 3051 Mailstop 0115 Office of Procurement Operations Department of Homeland Security

15. DELIVER TO

Washington DC 20528 245 Murray Lane SW, Mailstop 0115 Dept. Operations Acquisition Div.

Office of Procurement Operations U.S. Dept. of Homeland Security

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

1,000

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

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

DEPT OPS ACQ DIV(70RDAD)

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

This Request for Quote (RFQ) is to procure news clipping services for the Department of Homeland Security (DHS), Office of Public Affairs (OPA).

This acquisition is a Firm Fixed-Price (FFP) Contract and is being solicited in accordance with FAR Part 12-Commercial Items and FAR Part 13-Simplified Acquisition Procedures.

In addition, this requirement is solicited as a Small Business Set-a-Side.

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

DATED . YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

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

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

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

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

THE CONTRACTOR SHALL SUBMIT RESPONSE in accordance with Addendum to FAR Clause 52.212-1, “Instructions to Offerors-Commercial Products and

Commercial Services”, incorporated into this RFQ.

0001 Base Year: News Clipping Services 12 MO

Period of Performance: 05/28/2023 – 05/27/2024

1001 Option Period One: News Clipping Services 12 MO

Period of Performance: 05/28/2024 – 05/27/2025

2001 Option Period Two: News Clipping Services 12 MO

Period of Performance: 05/28/2025 – 05/27/2026

3001 Option Period Three: News Clipping Services 12 MO

Period of Performance: 05/28/2026 – 05/27/2027

4001 Option Period Four: News Clipping Services 12 MO

Period of Performance: 05/28/2027 – 05/27/2028

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

49 2 of

70RDAD23Q00000050 Page 3 of 49

News Clipping Services

SECTION I – SPECIFICATIONS / STATEMENT OF WORK

FOR

NEWS CLIPPING SERVICES

1. Introduction:

The Office of Public Affairs (OPA) is the Department of Homeland Security’s (DHS) public face, dedicated to communicating and fostering an understanding of the department and its components mission through outreach to employees, the media, and the public.

2. Background:

DHS requires a summary service that provides a complete and comprehensive review and summary of news stories affecting DHS and its components on a daily basis from national and local television, newspapers, news wires, internet, social media, publications, magazines, legal and trade journals, radio, and specialty press in electronic form, in accordance with the requirements and deliverable listed herein. This contract is for a common media monitoring service to fit DHS needs and to replace the existing media monitoring contract.

DHS OPA requires a written major news coverage summary of top major news outlets to be compiled and distributed to DHS employees by 6:00 a.m. EST every weekday and by 8:00 a.m.

EST on weekends; news summaries for Federal Holidays may be delivered on the following workday. DHS also requires real time news alerts to be distributed throughout the day to senior staff and other interested parties.

Accordingly, DHS requires the contractor to be capable of reviewing a wide range of news outlets, to understand the wide range of news outlets, to understand the complex national security environment and DHS subject matter, to remove duplicates of non-critical information and disseminate breaking news and issues relating to DHS and its components. Extracting critical information and indicating where stories post is imperative. News summaries and alerts shall be timely, relevant, and focused on the latest developments of DHS, including coverage of all of the components within DHS. The contractor must provide service with access to regional, national, and international news from the complete spectrum of media sources.

3. Services Required:

3.1 The contractor shall provide complete and comprehensive access to media sources including but not limited to national and local television, radio internet, magazines and periodicals, newspapers, news wires, trade journals, social media, specialty publications and Spanish-languages media (translated to English) in electronic form.

3.2 The contractor shall compile and distribute a written summary of news coverage to DHS employees by 6:00 a.m., EST every weekday (Monday through Friday); and by 8:00 a.m.

EST on weekends (Saturdays and Sundays). Summaries of news coverage on Federal Holidays must be delivered by the following workday by 6:00 a.m.

70RDAD23Q00000050 Page 4 of 49

3.3 The contractor shall provide real time news alerts from the news sources lists in section 3.1, throughout the day to senior staff and other interested parties every weekday 6AM-6PM EST, excluding Federal holidays.

3.4 The media sources must reflect news topics related to homeland and national security including but not limited to aviation security, border issues, cargo security, citizenship issues, climate change counterfeit goods, Congressional activity, cyber security, domestic violent extremism, emerging technologies, federal law enforcement, immigration enforcement, immigration services, intelligence, international trade, human trafficking, maritime security, national security, national disaster, port security, preparedness, response and recovery, severe weather, and terrorism.

3.5 The written summary shall be organized by story and subject, including a customized index divided by subject matter and shall be in printable format for distribution.

3.6 Services shall be in compliance with Section 508 Accessibility Standards (www.section508.gov)

4. Contractor Personnel:

No on-site personnel will be required.

5. Place of Performance:

Contractor’s facilities.

6. Period of Performance:

The period of performance is one (1), twelve (12) month base period followed by four (4), twelve (12) month option periods.

7. Monthly Reports:

The contractor shall submit a monthly report to the COR by the working day following the end of each month for review, processing, and acceptance. The monthly report shall contain, but not limited to the following:

7.1. Narrative: Description of work performed on tasks during the reported period and expected to be performed during the next month, including discussions or any problems/issues and recommendation for correction by the 10th working day following the end of the end of the month.

7.2. Report Headings: The heading on all reports shall contain the following information:

• Contract Number

• Name of Contractor

• Contractor Phone Number

• Contract Program Manager

• Period of Performance

• Total Dollar Value http://www.section508.gov/

70RDAD23Q00000050 Page 5 of 49

• Title of Project

• Contracting Technical Representative (COR)

• Problems and Issues

8. Deliverables:

All applicable deliverables must be submitted to the COR in the format and due dates requested. All deliverables, where applicable shall be submitted in electronic readable format as well as Microsoft Word (.docx) and Adobe Acrobat Reader (PDF files).

9. Post-Award Conference:

The Contractor shall attend a Post-Award Conference with the Contracting Officer and the COR within ten (10) business days after the date of award or as coordinated by the Contracting Officer. The purpose of the Post-Award Conference, which will be chaired by the Contracting Officer of designated official, is to discuss contracting and administrative objectives of this contract. The Post-Award Conference will be held at the Government’s facility or via teleconference.

10. Kick-Off Meeting:

The Contractor shall attend a Kick-Off Meeting with the COR no later than ten (10) business days after the date of award. The purpose of this Kick-Off Meeting, which will be chaired by the COR, is to discuss technical objectives of this contract. The Kick-Off Meeting will be held at one of DHS’s facilities in the Washington, D.C., metropolitan area or via teleconference.

70RDAD23Q00000050 Page 6 of 49

SECTION II – CONTRACT ADMINISTRATION DATA

1.0 CONTRACTING OFFICER / CONTRACT SPECIALIST

The Contracting Officer (CO) is:

Jennifer J. Corbin U.S. Department of Homeland Security Dept. Operations Acquisition Division Office of Procurement Operations 301 7th Street, SW, Mailstop #0115 Washington, D.C. 20528 Phone: 771-200-0452 E-mail: Jennifer.Corbin@hq.dhs.gov

The Contract Specialist (CS) is:

Myrtle Miller U.S. Department of Homeland Security Dept. Operations Acquisition Division Office of Procurement Operations 301 7th Street, SW, Mailstop #0115 Washington, D.C. 20528 Phone: 202-764-7614 E-mail: Myrtle.Miller@hq.dhs.gov

Copies of all correspondence concerning this contract shall be provided to the Contracting Officer and Contract Specialist listed above.

2.0 CONTRACTING OFFICER’S AUTHORITY

A warranted Contracting Officer is the only person authorized to issue modifications to the contract, approve changes in any of the requirements, or obligate funds. Notwithstanding any clause/provision contained elsewhere in this contract, the authority to modify the contract remains solely with the Contracting Officer. If the Contractor makes any contract changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract to cover any increases in charges that may result. The Contracting Officer has the authority to perform any and all post-award functions in administering and enforcing the proposed contract in accordance with its terms and conditions.

3.0 CONTRACTING OFFICER’S REPRESENTATIVE (COR)

The Contracting Officer may appoint a Contracting Officer’s Representative (COR) to assist in monitoring the work under this contract. The COR is responsible for the technical administration of the contract and technical liaison with the Contractor. The COR IS NOT authorized to change the scope of work or specifications as stated in the contract, to make any commitments or otherwise obligate the Government or authorize any changes which affect the contract price, delivery schedule, period of performance, or other terms or conditions.

The COR for this contract is: TBD Telephone Number: TBD E-mail address: TBD

4.0 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM

(CPARS)

In accordance with FAR Subpart 42.1502, Policy, Office of Procurement Operations (OPO) is required to prepare an evaluation of the Contractor’s performance for each (non-construction / A&E) contract in excess of $1,000,000. An assessment must be prepared at lease annually and at the conclusion of the contract. In addition, contracts with a period of performance exceeding one year (including options) require interim evaluations so as to document Contractor performance and provide current information for source selection purposes. This contract is mailto:Jennifer.Corbin@hq.dhs.gov mailto:Myrtle.Miller@hq.dhs.gov mailto:TracyTBD.Miller@hq.dhs.gov mailto:TracyTBD.Miller@hq.dhs.gov

70RDAD23Q00000050 Page 7 of 49 subject to a past performance evaluation. OPO uses the Contractor Performance Assessment Reporting System (CPARS), a web-enabled application to collect and manage the library of automated Contractor performance assessments. CPARS is for UNCLASSIFIED use only.

Classified information is not to be entered into this system. An assessment evaluates a Contractor’s performance, both positive and negative, and provides a record on a given Contractor during a specific period of time, under a specific contract or contract. Each assessment is based on objective facts and supported by program and contract management data, such as cost performance reports, customer comments, quality reviews, technical interchange meetings, financial solvency assessments, production management reviews, Contractor operations reviews, functional performance evaluations, and earned contract incentives. The CPARS automated information system contains management and technical controls to ensure that only authorized personnel have access to the data. CPARS is located at:

https://www.cpars.gov

5.0 SERVICE CONTRACT REPORTING

In accordance with Federal Acquisition Regulation (FAR) Clause 52.204-14, the contractor is required to report information related to their performance of service contracts annually into the System for Award Management (SAM) by October 31, for services performed under this contract during the preceding Government fiscal year (October 1-September 30).

6.0 CONTRACT CLOSEOUT

In accordance with FAR 4.804, “Closeout of Contract Files”, the Contractor is required to participate in the closeout process. Contract closeout is conducted at the end of the period of performance and upon receipt of evidence of physical completion of services and payment acknowledged by both the Contractor and Government.

https://www.cpars.gov/

70RDAD23Q00000050 Page 8 of 49

SECTION III – INVOICE AND PAYMENT PROVISIONS

1.0 Invoice Submission:

The Contractor shall prepare and submit a sufficient and procurement regulatory compliant invoice for technical certification of inspection/acceptance of services and approval for payment.

Invoices shall be prepared in accordance with FAR 52.212-4 Contract Terms and Conditions- Commercial Items, incorporated into this contract. In addition to invoice preparation as required by the FAR, the Contractor’s invoice shall include the following information:

a) Invoice Date;

b) Invoice Number;

c) Contract Number;

d) Modification Number, if any

e) SAM Unique Entity ID;

f) Month and date services provided;

g) Contract Line-Item Number (CLIN) for each billed item: 0001, 1001, 2001, 3001, and

4001;

h) Dollar amount per CLIN and total, if applicable; and

i) Contractor name, title, phone number, and email address of person to notify in the event of a defective invoice.

2.0 Invoice Distribution:

2.1 The Contractor shall submit invoices monthly no later than the 10th calendar day of each month.

2.2 Invoices shall be sent in pdf format via email to the DHS Finance Center email address:

InvoiceMGT.Consolidation@ice.dhs.gov

2.3 Simultaneously provide an electronic copy of the invoice via email to the following:

a) Myrtle Miller, Contract Specialist / Email: Myrtle.Miller@hq.dhs.gov

b) Jennifer J. Corbin, Contracting Officer / Email: Jennifer.Corbin@hq.dhs.gov

c) TBD, COR / Email: TBD

3.0 Revised/Replaced Rejected Invoice:

A revised/replaced rejected invoice, shall be resubmitted with the same number as the original invoice to include an “R” added at the end of the invoice number to identify that the invoice has been revised/corrected.

mailto:InvoiceMGT.Consolidation@ice.dhs.gov mailto:Myrtle.Miller@hq.dhs.gov mailto:Jennifer.Corbin@hq.dhs.gov

70RDAD23Q00000050 Page 9 of 49

SECTION IV – CONTRACT CLAUSES

The following Federal Acquisition Regulation (FAR) Clauses are applicable to this Contract:

A. FEDERAL ACQUIS ITION REGULATION (FAR) CLAUSES AND HOMELAND

SECURITY ACQUISITION REGULATIONS (HSAR) CLAUS ES

FAR 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 address:

https://www.acquisition.gov

FAR Clauses Clause Title Date

52.204-7 System for Award Management Oct 2018 52.212-4 Contract Terms and Conditions—Commercial Products and

Commercial Services Dec 2022

52.219-6 Notice of Total Small Business Set-Aside Nov 2020 DHS HSAR Clause

3052.242.72 Contracting Officer’s Representative (COR) Dec 2003

FAR Provision Provision Title Date 52.217-5 Evaluation of Options Jul 1990

B. FAR CLAUSE INCORPORATED IN FULL TEXT

52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services (DEC 2022); with Alternate I

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 https://www.acquisition.gov/ https://www.sam.gov/ https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.ecfr.gov/current/title-13/part-127

70RDAD23Q00000050 Page 10 of 49 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 https://www.ecfr.gov/current/title-13/section-127.300 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_204_25

70RDAD23Q00000050 Page 11 of 49 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"— 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—

(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 veteransor, 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 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101&num=0&edition=prelim https://www.ecfr.gov/current/title-13/part-121 https://www.ecfr.gov/current/title-13/part-121

70RDAD23Q00000050 Page 12 of 49 contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

Small disadvantaged business concern, consistent with13 CFR 124.1002, 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 at13 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 $750,000 after taking into account the applicable exclusions set forth at 13 CFR124.104(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.

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 least51 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 https://www.ecfr.gov/current/title-13/part-127

70RDAD23Q00000050 Page 13 of 49 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 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.

https://www.ecfr.gov/current/title-13/section-127.300 https://www.ecfr.gov/current/title-13/section-127.300 http://www.sam.gov/ https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-4#FAR_4_1201 https://www.acquisition.gov/far/part-19#FAR_Part_19 https://www.acquisition.gov/far/part-19#FAR_19_000 https://www.ecfr.gov/current/title-13/section-121.103#p-121.103(h) https://www.ecfr.gov/current/title-13/section-125.8#p-125.8(a) https://www.ecfr.gov/current/title-13/section-125.8#p-125.8(b) https://www.ecfr.gov/current/title-13/section-125.18#p-125.18(b)(1) https://www.ecfr.gov/current/title-13/section-125.18#p-125.18(b)(1) https://www.ecfr.gov/current/title-13/section-125.18#p-125.18(b)(2)

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(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.

(d) Representations required to implement provisions of Executive Order11246- (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-https://www.ecfr.gov/current/title-13/section-127.506#p-127.506(a) https://www.ecfr.gov/current/title-13/section-127.506#p-127.506(a) https://www.ecfr.gov/current/title-13/section-127.506#p-127.506(c) https://www.ecfr.gov/current/title-13/section-127.506#p-127.506(a) https://www.ecfr.gov/current/title-13/section-127.506#p-127.506(c) https://www.ecfr.gov/current/title-13/section-126.200 https://www.ecfr.gov/current/title-13/section-126.616#p-126.616(a) https://www.ecfr.gov/current/title-13/section-126.616#p-126.616(c)

70RDAD23Q00000050 Page 15 of 49

(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 parts 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 http://uscode.house.gov/ U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror 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 and that each domestic end product listed in paragraph (f)(3) of this provision contains a critical component, except those listed in paragraph (f)(2) of this provision, is a domestic end product.

(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. ___

[List as necessary] http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_225_1

70RDAD23Q00000050 Page 16 of 49

(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 "Bahrainian, 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 Bahrainian, 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 Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

Line Item No. Country of Origin

[List as necessary]

(iii) The Offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this 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).

https://www.acquisition.gov/far/part-25#FAR_Part_25 https://www.acquisition.gov/far/part-52#FAR_52_225_3 https://www.acquisition.gov/far/part-25#FAR_25_105

70RDAD23Q00000050 Page 17 of 49

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.

[List as necessary]

(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 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 Bahrainian, 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 Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian 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)(5)(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 https://www.acquisition.gov/far/part-25#FAR_Part_25 https://www.acquisition.gov/far/part-52#FAR_52_225_3 https://www.acquisition.gov/far/part-52#FAR_52_225_3 https://www.acquisition.gov/far/part-52#FAR_52_225_5

70RDAD23Q00000050 Page 18 of 49

(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.

(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.)

The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals–

(1) □ Are, □ are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(2) □ Have, □ have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property;

(3) □ Are, □ are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and

(4) □ Have, □ have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds the threshold at 9.104-5(a)(2) for which the liability remains unsatisfied.

(i) Taxes are considered delinquent if both of the following criteria apply:

(A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(ii) Examples. (A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal https://www.acquisition.gov/far/part-25#FAR_Part_25 https://www.acquisition.gov/far/part-9#FAR_9_104_5

70RDAD23Q00000050 Page 19 of 49 to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(C) The taxpayer has entered into an installment agreement pursuant to I.R.C.

§6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. §362 (the Bankruptcy Code).

(i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).]

(1) Listed end products.

Listed End Product Listed Countries of Origin

2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must…