1333MF25Q0034.pdf

PDF 457 KB Posted

Attached to
Vessel charter and technical assistance for 10-day marine turtle surveys
Solicitation number
1333MF25Q0034
Issued by

About this file

This is a Request for Quotation (RFQ) for vessel charter and technical assistance for marine turtle surveys in the western Pacific region. The solicitation is a 100% small business set-aside for two 10-day marine turtle survey efforts: one in August 2025 off Guam and Tinian, and an optional second survey in August 2026 expanded to include Saipan. The contractor will be responsible for providing a vessel capable of safely conducting marine turtle surveys, maintaining survey speeds of at least 9 knots, with endurance for 12 continuous hours and a range of 150km.

The contractor must provide a skilled marine turtle observer with at least 10 years of experience in the Guam/CNMI area, capable of conducting boat-based and in-water turtle observations, capturing marine turtles in depths up to 25 meters, collecting biological samples, and performing tagging and satellite tracking. The base period of performance is from August 1, 2025 to July 31, 2026, with an option period from August 1, 2026 to July 31, 2027. The solicitation requires the contractor to be registered in the System for Award Management (SAM) and comply with various federal regulations regarding labor standards, wages, and worker protections.

View the file

On GovTribe

Work with this file

  • Download the original file
  • Contacts named in this file
  • Similar government files
  • Ask GovTribe AI about this file

Text version

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

THIS RFQ IS IS NOT A SMALL BUSINESS SET-ASIDE

15. DATE OF QUOTATION

16. SIGNER

a. NAME (Type or print)

c. TITLE (Type or print)

b. TELEPHONE

AREA CODE

NUMBER

STANDARD FORM 18 (REV. 6/1995)

Prescribed by GSA-FAR (48 CFR) 53.215-1(a)

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

8. TO:

b. COMPANYa. NAME

c. STREET ADDRESS

d. CITY e. STATE f. ZIP CODE

9. DESTINATION

a. NAME OF CONSIGNEE

b. STREET ADDRESS

d. STATE e. ZIP CODE

7. DELIVERY

FOB DESTINATION

OTHER

(See Schedule)

10. PLEASE FURNISH QUOTATIONS TO THE

ISSUING OFFICE IN BLOCK 5a ON OR BEFORE CLOSE OF BUSINESS (Date)

IMPORTANT: This is a request for information and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or service. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotation must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

ITEM NUMBER

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations are are not attached.

13. NAME AND ADDRESS OF QUOTER

a. NAME OF QUOTER

b. STREET ADDRESS

c. COUNTY

d. CITY e. STATE f. ZIP CODE

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

PAGE OF PAGES

1. REQUEST NUMBER 2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NUMBER 4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG. 1

RATING

5a. ISSUED BY 6. DELIVER BY (Date)

NAME TELEPHONE NUMBER

AREA CODE NUMBER

c. CITY

5b. FOR INFORMATION CALL (NO COLLECT CALLS)

NMFS Field Delegates

601 EAST 12TH STREET SUITE 1746

KANSAS CITY MO 64106

143071-25-00341333MF25Q0034

STEPHANIE GARNETT

06/20/2025

06/27/2025 1200 HT

Multiple

Period of Performance: 08/01/2025 to

07/31/2026

NOTICE: THE GOVERNMENT DOES NOT ACCEPT

RESPONSIBILITY FOR NON-RECEIPT OF

QUOTES. IT IS THE CONTRACTOR’S

RESPONSIBILITY TO REQUEST A

CONFIRMATION

OF THE QUOTE RECEIPT.

UNIQUE ENTITY ID ______________________

CAGE CODE ____________

OFFEROR MAY SUBMIT THE QUOTE ON THIS

Continued...

1 72

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGES

NAME OF OFFEROR OR CONTRACTOR

SUPPLIES/SERVICES

(B)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

OPTIONAL FORM 336 (4-86)

Sponsored by GSA FAR (48 CFR) 53.110

ITEM NO.

(A)

QUANTITY

(C)

NSN 7540-01-152-8067

1333MF25Q0034

SF-18 FORM OR THEIR OWN COMPANY FORM.

QUOTES WILL BE EVALUATED BASED ON FAR 52.212-2

IN ATTACHED CLAUSES & PROVISIONS. VENDORS WHO

DO NOT PROVIDE ALL EVALUATION CRITERIA WILL NOT

BE ACCEPTED.

THE OFFEROR MUST BE CURRENTLY REGISTERED IN THE

SYSTEM FOR AWARD MANAGEMENT (SAM) TO BE

ELIGIBLE FOR AN AWARD. QUOTES RECEIVED FROM

CONTRACTORS WHO ARE NOT ACTIVE IN SAM WILL NOT

BE CONSIDERED.

THIS IS A 100% TOTAL SMALL BUSINESS SET-ASIDE.

A FIRM-FIXED PRICE PURCHASE ORDER TO BE

AWARDED.

0001 Vessel charter and technical assistance for

10-day marine turtle surveys off Guam and

Tinian to occur (dates may change upon MTBAP discretion) in August of 2025.

Period of Performance: 8/1/25 - 7/31/26

Product/Service Code: F020

0002 Option 1

Vessel charter and technical assistance for

10-day marine turtle surveys off Guam, Tinian and Saipan to occur (dates may change upon

MTBAP discretion) in August of 2026.

Period of Performance: 8/1/26 - 7/31/27

(Option Line Item)

Anticipated Exercise Date:

Product/Service Code: F020

1333MF25Q0034 BASE

Section II - Supplies or Services and Price/Costs Section III - Description/Specifications Section IX - Contract Clauses Section X - List of Attachments

Section II - Supplies or Services and Price/Costs

CLIN List

Item Number Description Quantity Unit Unit Price Amount

NOTICE: THE GOVERNMENT DOES NOT

ACCEPT RESPONSIBILITY FOR NON-RECEIPT

OF QUOTES. IT IS THE CONTRACTOR’S

RESPONSIBILITY TO REQUEST A

CONFIRMATION

OF THE QUOTE RECEIPT.

UNIQUE ENTITY ID ______________________

CAGE CODE ____________

OFFEROR MAY SUBMIT THE QUOTE ON THIS

SF-18 FORM OR THEIR OWN COMPANY

FORM.

QUOTES WILL BE EVALUATED BASED ON FAR

52.212-2 IN ATTACHED CLAUSES &

PROVISIONS. VENDORS WHO DO NOT

PROVIDE ALL EVALUATION CRITERIA WILL

NOT BE ACCEPTED.

THE OFFEROR MUST BE CURRENTLY

REGISTERED IN THE SYSTEM FOR AWARD

MANAGEMENT (SAM) TO BE ELIGIBLE FOR AN

AWARD. QUOTES RECEIVED FROM

CONTRACTORS WHO ARE NOT ACTIVE IN

SAM WILL NOT BE CONSIDERED.

THIS IS A 100% TOTAL SMALL BUSINESS SET-

ASIDE. A FIRM-FIXED PRICE PURCHASE ORDER

TO BE AWARDED.

Vessel charter and technical assistance for 10-day marine turtle surveys off Guam and Tinian to occur (dates may change upon MTBAP discretion) in August of 2025.

Period of Performance: 8/1/25 - 7/31/26

Award Type: Firm-fixed-price Product/Service Code: F020

Option 1

Vessel charter and technical assistance for 10-day marine turtle surveys off Guam, Tinian

Item Number Description Quantity Unit Unit Price Amount and Saipan to occur (dates may change upon MTBAP discretion) in August of 2026.

Period of Performance: 8/1/26 - 7/31/27 Award Type: Firm-fixed-price

(Option Line Item)

Anticipated Exercise Date:

Product/Service Code: F020

Section III - Description/Specifications

Section III Description/Specifications

STATEMENT OF WORK/SPECIFICATION

I. BACKGROUND

The National Oceanic and Atmospheric Administration’s Pacific Islands Fisheries Science Center Marine Turtle Biology and Assessment Program (MTBAP) requires assistance to charter suitable vessels and provide technical assistance with in-water surveys, including the capture and biological sampling of marine turtles, as well as the deployment of animal-borne tracking devices for population assessments in the western Pacific. The MTBAP will be conducting small boat surveys in Guam and the Commonwealth of the Northern Mariana Islands (CNMI) to collect critical data on species occurrence, abundance, individual identification, biological samples for assessment of stock structure and abundance, and satellite attachment to elucidate habitat use and distribution in this region. The marine surveys in Guam and CNMI will take place around the islands of Guam, Tinian, and Saipan.

PIFSC expects to undertake two marine surveys with 10 days of effort (20 survey days). Generally, a marine survey consists of 10 on-water days within a fourteen-day window, and opportunistic nesting beach surveys:

1. Vessel charter and technical assistance for 10-day marine turtle surveys off Guam and Tinian to occur (dates may change upon MTBAP discretion) in August of 2025.

2. Vessel charter and technical assistance for 10-day marine turtle surveys off Guam, Tinian, and Saipan to occur (dates may change upon MTBAP discretion) in August of 2026.

This purchase order includes the provision of charter vessels, including capable coxswain and skilled marine turtle observers/capturers for these surveys, split across a base year and one option year.

II. PURPOSE

The purpose of this contract is to secure assistance in small-boat surveys for in-water capture, biological sampling, and satellite tag attachment during MTBAP-lead marine turtle survey effort in Guam and CNMI. The MTBAP staff will lead the marine survey effort, including the determination of daily survey routes and priorities, while the contractor must provide a vessel and a skilled marine turtle observer capable of conducting 12-hour surveys and observations. As a backup to the PIFSC personnel the contractor will aid in in-water capture to depths ~ 25 m, and provide small boat coxswain needs as approved by the NOAA MOCC training for operating small vessels. The contractor must have multiple years of experience in providing charter vessels in the Mariana Islands, turtle identification, handling, biological sampling, and satellite tag attachments using a 2-part epoxy method. In addition, the contractor must have prior experience specifically in the nearshore waters of Guam and CNMI.

Contractors will need to provide a resume explicitly stating marine charter and marine turtle in-water observation/handling experience in Guam and CNMI.

Vessel requirements (primary task): Small vessels must be maintained or chartered on Guam and Saipan by the contractor for this project. Small vessels must have the following characteristics:

- be at least 20 feet long, and able to safely carry at least 4 passengers plus 2 crew members

- capable of maintaining survey speeds of at least 9 kts

- have an endurance of at least 12 hours continuously on the water and range of at least 150km without refueling (i.e., the ability to circumnavigate any of the islands)

- maintain all appropriate safety equipment, meeting Coast Guard and NMFS Small Boat Safety Program inspection requirements

- be configured such that satellite tagging, biopsy sampling and photo-identification can be conducted from the vessel including swim platforms for boating turtles and ease of use by capture team

- some smaller vessels inappropriate for open-waters but optimized for nearshore operations inside the reef may be considered for occasional use during the survey

Personnel requirements (secondary task): A skilled marine turtle observer is required for this contract.

The observer must have the following qualifications:

- at least 10 years of cumulative field experience specifically of marine turtles in the Guam/CNMI area, including from small boats and on nesting beaches

- have conducted NOAA MOCC small boat operators training

- experience with hand-held GPS units

- experience handling small boats with divers/turtles in the water

- experience boarding juvenile/adult marine turtles on small boats in open water

- able to identify all marine turtles to species in the field

- able to accurately estimate marine turtle size from boat or while snorkeling

- able to evaluate marine turtle behavior

- experience taking identification photographs with digital cameras

- experience collecting and processing biopsy samples

- experience flipper and PIT tagging marine turtles

- experience attaching animal-borne instruments (e.g., satellite tags) to marine turtles using various techniques including the 2-part epoxy method

- experience conducting marine turtle nesting beach surveys

In addition, the observer must have the following qualifications:

- experience hand capturing marine turtles (without scuba) from depths ~ 25 m

- in addition to English, be fluent in 2 of the following languages: Chuukese (Trukese), Kosraean, Pohnpeian, Yapese, Ulithian, Carolinian, and/or Woleaian.

III. CONTRACT TASKS

A. Tasks

The Contractor will be required to organize small boat and marine turtle surveys in the waters surrounding Guam, Saipan, and Tinian. The Contractor will fulfill the following requirements:

¿ Make arrangements and handle payment of charter vessels for two in-water charters (10 days on water within a 14 day period) for conducting marine turtle surveys (a total of 2 separate survey efforts).

¿ When necessary, the contractor may be responsible for inspecting and driving the chartered vessel and is required to have NOAA small boat certification training.

¿ Contractor is responsible for providing an observer for the survey efforts as described above in bullet point 1. Twenty survey days in total in 2025-2027.

¿ Work with PIFSC personnel to plan and carry out surveys in Guam and CNMI, on dates selected by the PIFSC/MTBAP team. Projected dates are August of 2025 and July/August 2026.

¿ Provide charters and observer, including payment of associated travel to/from Guam/CNMI and lodging, vehicle rental, and M&IE during the survey period.

http://en.wikipedia.org/wiki/Chuukese_language http://en.wikipedia.org/wiki/Kosraean_language http://en.wikipedia.org/wiki/Pohnpeian_language http://en.wikipedia.org/wiki/Yapese_language http://en.wikipedia.org/wiki/Woleaian_language

¿ Be responsible for finding accommodations and making travel arrangements while in Guam/CNMI ¿ Conduct boat based and in-water transect for turtle observations ¿ Capture marine turtles in depths = 25 m ¿ Conduct nesting beach surveys ¿ Collect biopsy samples ¿ Flipper, PIT, and satellite tag captured turtles ¿ Process biopsy samples per instructions from PIFSC staff

B. Deliverables

¿ Two 10-day surveys in the Mariana Islands, chartering vessels and providing a marine turtle in-water observer ¿ Complete capture forms, secure all samples, and submit to the MTBAP after each of the survey efforts; contractor can invoice after each survey effort ¿ Biopsy samples processed, properly stored, and mailed periodically to MTBAP office for long-term storage

IV. GOVERNMENT-PROVIDED AND CONTRACTOR-PROVIDED PROPERTY

The Government will provide the observation equipment, computer systems and all other equipment required for the contracted tasks above. The Contractor will provide personal effects that might be desired while in Guam and CNMI. The Contractor will obtain accommodations and means of transportation to and while in Guam, CNMI. The Contractor will obtain use of charter vessels for small boat surveys in Guam and CNMI. When necessary, the contractor will obtain fuel for the small boat surveys. The Contractor will cover all per diem expenses during operations. Contractor will maintain samples, process, and mail as needed to PIFSC or stated depository.

Additional IT Security Requirements:

The contractor agrees, in the performance of this contract, to keep the information furnished by the Government and designated by the Contracting Officer or Contracting Officer’s Technical Representative in the strictest confidence. The contractor also agrees not to publish or otherwise divulge such information in whole or part, in any manner or form, nor to authorize or permit others to do so, taking such reasonable measures as are necessary to restrict access to such information while in the contractor’s possession, to those employees needing such information to perform the work provided herein, i.e., on a “need to know” basis. The contractor agrees to immediately notify the Contracting Officer in writing in the event that the contractor determines or has reason to suspect a breach of this requirement.

Secure Communications: The contractor must verify with the government prior to transmission of information that all information designated as sensitive will meet National Institute of Standards and Technology (NIST) Federal Information Processing FIPS 140-2 validated cryptographic module(s).

The contractor agrees that it will not disclose any information described in performance of this activity to any persons or individual unless prior written approval is obtained from the Contracting Officer.

Whenever the contractor is uncertain with regard to the proper handling of information/data under the contract, the contractor shall obtain a written determination from the Contracting Officer. The Contractor agrees to insert the substance of this clause in any consultant agreement or subcontract hereunder.

Upon completion of the work, the contractor will certify in writing to the contracting officer that:

¿ Except as approved in writing by the contracting officer, they have not disclosed and any data or media collected, developed, and/or correlated in the performance of this acquisition ¿ They have not retained any data or media collected, developed, and/or correlated in the performance of this acquisition.

¿ All instances of data or media in the possession or under the control of the contractor has been destroyed using one of the methods for secure destruction of unclassified but sensitive information recommended by the National Security Agency in the Media Destruction Guidance available online at http://www.nsa.gov/ia/guidance/media_destruction_guidance/index.shtml.

V. REPORTING REQUIREMENTS:

See III CONTRACT TASKS B. Deliverables, the Contractor is required to complete and submit an invoice detailing charter operation and observer days at the end of each survey effort, in addition all samples collected and data sheets from each survey effort (four in total) must be provided at time of invoice.

http://www.google.com/url?q=http%3A%2F%2Fwww.nsa.gov%2Fia%2Fguidance%2Fmedia_destruction_guidance%2Findex.shtml&sa=D&sntz=1&usg=AFrqEzc4XX4_JSTOwFBZQ1XI6VB5k_dvtA

Section IX - Contract Clauses

Clauses Incorporated by Reference Clause Number Clause Title

52.204-7 System for Award Management. (NOV 2024)

52.204-13 System for Award Management Maintenance. (OCT 2018)

52.204-16 Commercial and Government Entity Code Reporting.

(AUG 2020)

52.204-17 Ownership or Control of Offeror. (AUG 2020)

52.204-18 Commercial and Government Entity Code Maintenance.

(AUG 2020)

52.232-18 Availability of Funds. (APR 1984) 1352.201-70 Contracting Officer's Authority. (MAR 2010) 1352.209-73 Compliance with the laws. (APR 2010) 1352.209-74 Organizational conflict of interest. (APR 2010)

52.212-2 Evaluation - Commercial Products and Commercial Services (NOV 2021)

a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

1) Technical Capability: The Vendor’s overall technical approach will be evaluated to assess the Government's level of confidence in the Vendor’s understanding of, approach to, and ability to successfully perform the requirements as described in the Statement of Work. Vendors shall provide a detailed description of the company’s experience performing similar services. A detailed technical approach write-up describing how the Vendor will perform this service. The technical approach write-up must not be a reiteration of the Statement of Work, but how your company plans on performing the tasks listed in the attached Statement of Work. At a minimum, Vendor’s shall address the following:

• Background and clearance to provide operations on/in Navy lands/waters.

• Previous experience conducting marine turtle research in Guam/CNMI.

• Previous experience with performing vessel charter operations and surveys in Guam/CNMI study areas

• Access to appropriate permits to facilitate continuity of surveys and all data collection

2) Past Performance: The Vendor’s past performance on related contracts will be evaluated to determine, as appropriate, successful performance of contract requirements, quality and timeliness of delivery of services, cost management, communications between contracting parties, proactive management and customer satisfaction. The Government will use its discretion to determine the sources of past performance information used in the evaluation, and the information may be obtained from references provided by the Vendor, the agency’s knowledge of the Vendor’s performance, other government agencies or commercial entities, or past performance databases, and will be based on responsiveness, quality, and customer services. Quote shall include at least two references from at least two separate contracts for similar and relevant services including the phone number, full address, and e-mail address.

Vendors lacking relevant past performance history, or for whom past performance information is either not available or has not been submitted to the Government, will receive a neutral rating for past performance

3) Price: The Government will evaluate the price quote for completeness and reasonableness in relation to the RFQ requirements. Quoted prices must be entirely compatible with the Non-Price Technical Solution

The Government intends to award a best value trade-off, firm fixed-price purchase order on an all or none basis with payment terms of Net 30.

Technical and past performance when combined, are considered to be significantly more important, when compared to price.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). In addition, the Government will include a possible extension under FAR clause 52.217-8 in the overall price evaluation.

(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 (May 2024) (Deviation 2025-02) (Feb 2025) (Deviation 2025-03) (Feb 2025)

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

(a) Definitions. As used in this provision—

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

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

Forced or indentured child labor means all work or service—

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

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

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror.

Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

Inverted domestic corporation, means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Reasonable inquiry has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174).

Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended."Sensitive technology"—

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3)of the International Emergency Economic Powers Act ( 50 U.S.C. 1702(b)(3)).

Service-disabled veteran-owned small business (SDVOSB) concern means a small business concern—

(1) (i) Not less than 51 percent of which is owned and controlled by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran; or

(2) A small business concern eligible under the SDVOSB Program in accordance with 13 CFR part 128 (see subpart 19.14).

(3) Service-disabled veteran, as used in this definition, means a veteran as defined in 38 U.S.C. 101(2), with a disability that is service connected, as defined in 38 U.S.C. 101(16), and who is registered in the Beneficiary Identification and Records Locator Subsystem, or successor system that is maintained by the Department of Veterans Affairs’ Veterans Benefits Administration, as a service-disabled veteran.

Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB Program means an SDVOSB concern that—

(1) Effective January 1, 2024, is designated in the System for Award Management (SAM) as certified by the Small Business Administration (SBA) in accordance with 13 CFR 128.300; or

(2) Has represented that it is an SDVOSB concern in SAM and submitted a complete application for certification to SBA on or before December 31, 2023.

Service-disabled veteran-owned small business (SDVOSB) Program means a program that authorizes contracting officers to limit competition, including award on a sole-source basis, to SDVOSB concerns eligible under the SDVOSB Program.

Small business concern—

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

Small disadvantaged business concern, consistent with 13 CFR 124.1001, means a small business concern under the size standard applicable to the acquisition, that—

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by—

(i) One or more socially disadvantaged (as defined 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 the threshold at 13 CFR 124.104(c)(2) 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 and controlled by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

Women-owned business concern means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women

Women-owned small business concern means a small business concern—

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at 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 directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.

(b) (1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __.

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii). Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that—

(i) It ¿ is, ¿ is not a small business concern; or

(ii) It ¿ is, ¿ is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h) and 13 CFR 125.8(a) and (b). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: ____________.]

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it ¿ is, ¿ is not a veteran-owned small business concern.

(3) SDVOSB concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents that it ¿ is, ¿ is not an SDVOSB concern.

(4) SDVOSB concern joint venture eligible under the SDVOSB Program. The offeror represents that it ¿ is, ¿ is not an SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR 128.402. [Complete only if the offeror represented itself as an SDVOSB concern in paragraph (c)(3) of this provision.] [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ____________.]

(5) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it ¿ is, ¿ is not a small disadvantaged business concern as defined in 13 CFR 124.1001.

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

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

(8) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents that it ¿ is, ¿ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ____________.]

Note to paragraphs (c)(9) and (10): Complete paragraphs (c)(9) and (10) only if this solicitation is expected to exceed the simplified acquisition threshold.

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

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

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

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

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

(d) [Reserved].

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

(ii) The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select “no”.

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

(iv) The terms “commercially available off-the-shelf (COTS) item,” “critical component,” “domestic end product,” "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Supplies."

(2) Foreign End Products:

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

[List as necessary]

(3) Domestic end products containing a critical component:

Line Item No. ___

[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:

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).

Line Item No. ___

[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:

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 paragraphs (g)(1)(i)(B) and (g)(1)(ii) for paragraphs (g)(1)(i)(B) and (g)(1)(ii) of the basic provision:

(g)(1)(i)(B) The terms “Korean end product”, “commercially available off-the-shelf (COTS) item,” “critical component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act.”

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

Korean End Products or Israeli End Products:

Line Item No. Country of Origin

[List as necessary]

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

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

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

Other End Products:

Line Item No. Country of Origin

[List as necessary]

(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 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 certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.]

¿ (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or…

This is the start of the file's text. The full file is on GovTribe.

File details come from the government source that posted it. Updated .