SOW_and_RFQ_Clauses_Version_2_0001.pdf

140G0322Q0074amd0001

TABLE OF CONTENTS

COMMERCIAL CLAUSES & PROVISIONS

Statement of Work

Provisions:

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

52.204-7 System for Award Management (Oct 2018)

52.212-1 Instructions to Offerors, Commercial Items (Nov 2021)

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance

Services or Equipment (Nov 2021)

52.204-26 Covered Telecommunications Equipment or Services-Representation (Oct 2020)

52.212-3 Offeror Representations and Certifications -- Commercial Items. (Nov 2021)

Clauses:

52.252.2 Clauses Incorporated by Reference (Feb 1998)

52.204-13 System for Award Management Maintenance (Oct 2018)

52.212-4 Contract Terms and Conditions – Commercial Items (Nov 2021)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Nov 2021)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive

Orders – Commercial Items (Jan 2022)

52.217-9 Option to Extend the Term of the Contract (Mar 2000)

GS0231 Technical Liaison – Technical Directions (Jul 2018)

GS0339 Green Acquisition (Jul 2018)

Invoicing Instructions

Statement of Work: Version 2 Core processing and analyses contract

1. Introduction and Background

The Tsunami Hazards Modeling and the Sedimentary Record Project at the Pacific Coastal Marine Science Center (PCMSC) consists of several tasks that collect, process, and analyze sediment cores. This performance work statement outlines the products required to complete the objectives of

As part of the USGS Subduction Zone Initiative, the Tsunami Hazards Modeling and Sedimentary Record Project has been working since 2017 to develop a coastal lake tsunami record in southern Oregon. The main goal of this task is to improve our understanding of Cascadia subduction zone earthquake recurrence and to estimate relative magnitudes of past earthquakes and tsunamis by examining the sedimentary record in coastal lakes. The proximity of these lakes to a sandy coastline, their low elevation, and weak thermal stratification make them an ideal place to search for tsunami deposits. Improving our understanding of the timing and magnitude of past earthquakes and tsunamis in the southern Cascadia subduction zone is critical to seismic hazard assessments. The primary research objectives are to (1) Collect cores to analyze and describe tsunami deposits or other earthquake-related sedimentary features, and (2) Determine the ages and recurrence of past southern Cascadia megathrust events as recorded in lacustrine sediments, and (3) Determine the relative magnitudes of past tsunamis and earthquakes using the sedimentologic characteristics of observed tsunami deposits in tandem with forward tsunami sediment transport and inundation models. Also within the task, the Tsunami Hazards Modeling and the Sedimentary Record Project is actively researching coastal wetlands in Oregon and Washington to identify and map out prehistoric tsunami deposits. The project’s focus is on sites that best preserve evidence of the 1700 CE tsunami that allow detailed mapping of the maximum inland extent of the sandy deposits. These data are critical for validating the numerical tsunami modeling this project performs.

Prior to 2018, the project had collected numerous cores from Puerto Rico and Hawaii that are stored in the PCMSC cold storage facility. These cores have not been analyzed using state of the art equipment such as PCMSC’s RXCT and line scanner and were identified in the field as potentially containing prehistoric tsunami deposits. Scanning and analyzing these cores are necessary to better understand the size and timing of past tsunamis in Puerto Rico and Hawaii, which is critical to tsunami hazard assessments.

2. Scope

Cores are stored in a cold room in the USGS Santa Cruz office. A single core may consist of one or more individual segments. In order to minimize disturbance to the cores, the contractor may use USGS facilities and equipment to perform non-personal services that are described below. The contractor must coordinate with core lab managers on a monthly basis to schedule lab access.

1) Processing, scanning, and analyzing cores from Oregon, Washington, California, Hawaii, Puerto Rico, and North Carolina.

Cores that will be collected prior to or during the period of performance will need to be CT scanned, gamma density logged, split, line scanned, and properly stored/inventoried. Cores require sedimentologic descriptions, smear slide analyses, XRF scanning, varve counts, and tsunami deposit identification and correlation. Contractor will also be responsible for sampling cores for dateable radiocarbon and OSL materials and preparing samples for submission to a lab.

2) Assist in collection of cores The contractor is expected to assist in collection of vibracores, piston-cores, gouge cores, and surface sediment samples in Oregon, Washington, California, Puerto Rico, and Hawaii.

3) Prepare core data for publication in USGS Data Releases Core data from Floras and Garrison Lakes in Oregon and from paleotsunami sites in Puerto Rico and Hawaii will need to be published as USGS Data Releases. The contractor is expected to prepare data releases with FGDC compliant metadata of publishable core data.

3. Applicable Documents

See attached documents

4. Technical Requirements

Sediment cores from several ongoing USGS studies need to be processed and analyzed. The contractor shall provide the following in order to fulfill the base requirements of the contract:

4.1 X-ray Computed Tomography (CT) images of cores and analyses.

CT images of 20 vibracores collected at 120 micron resolution or better.

CT images of 50 gouge cores (in 50 cm PVC half-sleeves) at 120 micron resolution or better. Inspect CT images of cores from USGS field sites in

Hawaii and Puerto Rico for sediment layers that may indicate tsunami inundation. Candidate tsunami deposits should be annotated on images and described in an internal/unpublished report or presentation.

4.2 Linescan images of cores

High resolution linescan images of 70 cores from Garrison Lake, Jasper Ridge Biological Preserve, and various USGS field sites from Hawaii and Puerto Rico.

4.3 Core descriptions from Garrison Lake cores

Detailed core descriptions from 20 Garrison Lake cores and/or Jasper Ridge Biological Preserve cores using the Troels-Smith or LacCore description schemes.

4.4 Organic material preparation for radiocarbon dating

Every two months, 6 properly prepared samples of core material that are suitable for submission to a radiocarbon age-dating facility. A sampling plan should be coordinated with USGS scientists.

4.5 Sediment grain size and total carbon samples

30 samples for sediment grain-size and 10 samples of total carbon analyses extracted from cores that are ready to submit for analyses.

4.6 Sand layer analyses

A table of all sand layer thicknesses and depths from descriptions and images of Garrison Lake cores that also contains bulk grain size statistics of two correlated sand layers across 5 cores.

4.7 Sand samples for Optically Stimulated Luminescence (OSL) dating Collect four sand samples from Floras and Garrsion Lake cores to submit for OSL dating. Care must be taken to ensure the samples are not exposed to enough light to “reset” any of the quartz grains.

4.8 Floras Lake USGS Data Release

Prepare a draft USGS data release containing CT images, linescan images, XRF data, radiocarbon data, core descriptions, grainsize data, and smear slide descriptions for Floras Lake vibracores collected between 2017 and 2018. The draft must be ready for USGS peer review with the appropriate metadata associated with each data type.

4.9 Assist in collection of cores in Washington, Oregon, and/or Puerto Rico

Prepare and organize field equipment for gouge coring at sites in Washington and Oregon to map out in detail the extent of the 1700 CE tsunami deposit. Take photographs of cores, describe cores using the Troels-Smith scheme, subsample cores, select coring sites, gather and plot LiDAR data for planned coring sites.

4.10 Re-dating legacy Bradley Lake Cores at Oregon State University Coordinate with USGS and Oregon State University Scientists to retrieve vibracores stored at OSU’s core repository and subsample muds below disturbance events for dateable organic material. Prepare 10 samples for submission to a radioarbon age-dating facility. This may involve travel to

Oregon State University.

4.11 CT, line, and XRF scanning of cores from San Francisco Bay

CT images, linescan images, and XRF data from 10 cores from San Francisco Bay.

4.12 East Bajura, Puerto Rico Data Release

CT images, linescan images, core descriptions, and radiocarbon data from 10 cores from East Bajura, Puerto Rico. If new cores are not collected, these analyses can be performed on pre-existing cores in the PCMSC cold storage facility.

Additional deliverables due if contract option is exercised:

4.13 Assist in collection of cores in Washington, Oregon, and/or Puerto Rico

Prepare and organize field equipment for gouge coring at sites in Washington and Oregon to map out in detail the extent of the 1700 CE tsunami deposit. Take photographs of cores, describe cores using the Troels-Smith scheme, subsample cores, select coring sites, gather and plot LiDAR data for planned coring sites. This is the continuation of fieldwork to be completed in the base year of the contract.

4.14 Smear slide descriptions from Garrison Lake cores

Smear slide descriptions from 2 complete cores. Contractor will have to sample sediment from cores and create the smear slides before analyzing with a 40x or higher power microscope with polarization. The number of slides should be sufficient to accurately describe the sedimentology and organic content of major facies. Descriptions should be delivered in Microsoft Excel files along with an archive of microscope photos of each described smear slide.

4.15 Varve counts

Varve counts from all laminated sections of 2 cores from Garrison Lake which shall include depths, thicknesses, and basic sedimentologic descriptions.

4.16 Historical shoreline shape files

A GIS dataset in the vicinity of Garrison Lake in Oregon, containing shape files of traced historical shorelines (lake and sea) and traces of rivers/streams that drain or feed this lake.

4.17 Garrison Lake USGS Data Release

Prepare a draft USGS data release containing CT images, linescan images, XRF data, radiocarbon data, core descriptions, grainsize data, and smear slide descriptions for Garrison Lake vibracores collected in 2021. The draft must be ready for USGS peer review with the appropriate metadata associated with each data type.

4.18 Prepare combined topography/bathymetry grids for tsunami modeling in Delft-3D FLOW for sites in Oregon and Washington

Using the most up-to-date bathymetry and LiDAR topography, the contractor will create tsunami modeling grids for use in Delft-3D FLOW to be used in tsunami sediment transport modeling studies.

4.19 CT, line, and XRF scanning of cores from North Carolina

The US Coastal Research program’s DUring Nearshore Event eXperiment (DUNEX) has cores stored in the PCMSC cold storage facility. 10 of these cores are to be CT, line, and XRF scanned. These data will be published in a USGS Data Release that the contractor assembles and creates FGDC-compliant metadata for.

4.20 CT scans, splitting, and linescanning of Oregon Lake Cores CT scan, split, and linescan all Oregon lake cores collected during the contract option period.

4.21 Organize and catalog tsunami project cores in PCMSC and Menlo Park cold storage

Coordinate with lab managers to make sure cores are properly labeled, cataloged, and stored in an efficient manner between two cold storage facilities.

5. Deliverables

The contractor shall provide deliverables in accordance with the attached Reporting Requirements Checklist below.

Reporting Requirements Checklist Core processing and analyses contract

This checklist describes the deliverables associated with each task from paragraph 4 in the Statement of Work.

A “core” as used in this checklist refers to the group of one or more core segments collected from a single site. Therefore, the length of a single core can vary greatly.

Deliverables for tasks 4.1 through 4.12 are required for fulfillment of the base contract.

The deliverables for tasks 4.13 through 4.21 are required for fulfillment of the contract option (Statement of Work above)

4.1 X-ray Computed Tomography (CT) images of cores and analyses.

Raw rotational images, reconstructed slices, linear scan, and orthogonal views are to be delivered in organized folders in 64-bit TIFF format.

Image resolution is 120 microns or better.

Scan and reconstruction settings are the same for all images Images are obtained for 20 unique cores.

4.2 Linescan images of cores

High resolution linescan images of 70 unique cores.

Image resolution is 50 microns or better Images are color corrected to maintain consistency between scans

4.3 Core descriptions from Garrison Lake cores

Core descriptions for each core are delivered in Microsoft Excel format.

Entries for each layer must contain top and bottom depths, contact thicknesses and character, Troel-Smith descriptions, Munsel color, and general sedimentological description.

Descriptions are on 20 unique cores from Garrison Lake.

4.4 Organic material preparation for radiocarbon dating

Every two months, 6 samples in vials are provided.

Samples are cleaned and dried in an oven at 50°C for 24 hrs.

Samples must be weighed and have to weigh more than 0.5 mg for submission.

Samples are well labeled and there is documentation on where in the core the sample originated.

4.5 Sediment grain size and total carbon samples

30 samples delivered in whirl-pak bags that are sufficient in mass for sieving and laser-diffraction grain size analyses.

10 samples delivered in whirl-pak bags that are sufficient in mass for total carbon analyses.

4.6 Sand layer thickness data

A table of sand layer thicknesses and depths from descriptions and images of

Garrison Lake cores delivered in Microsoft Excel or csv format.

Table must also include notes on the sedimentary characteristics of each layer including contact sharpness, sedimentary structure, and mineralogy.

4.7 Sand samples for Optically Stimulated Luminescence (OSL) dating Collect four sand samples from Garrison Lake cores to submit for OSL dating.

Care must be taken to ensure the samples are not exposed to enough light to

“reset” any of the quartz grains (sampled in a dark room or outside at night away from artificial light).

4.8 Floras Lake USGS Data Release

Prepare a draft USGS data release containing CT images, linescan images, XRF data, radiocarbon data, core descriptions, grainsize data, and smear slide descriptions.

The draft must be ready for USGS peer review The data release has FGDC-compliant metadata for each dataset

4.8 Assist in collection of cores in Washington, Oregon, and/or Puerto Rico Coordinate with USGS scientists Prepare USGS equipment for the field Set up USGS Compass Field Activities for each effort.

4.10 Re-dating legacy Bradley Lake Cores at Oregon State University Coordinate with USGS and Oregon State University Scientists Subsample muds below distrubance events and prepare material for radiocrabon dating.

10 samples ready for submission.

4.11 CT, line, XRF scanning of cores from San Francisco Bay

CT and linescan images of 10cores from San Francisco Bay, coordinated with

USGS scientists.

CT and linescan images must meet requirements specified in items 4.1 and 4.2 of this document.

XRF scans of two cores

4.12 East Bajura, Puerto Rico USGS Data Release

Prepare a draft USGS data release containing CT images, linescan images, core descriptions and radiocarbon data from 10 cores.

Additional deliverables due if contract option is exercised:

4.13 Assist in collection of cores in Washington, Oregon, and/or Puerto Rico Coordinate with USGS scientists Prepare USGS equipment for the field Set up USGS Compass Field Activities for each effort.

4.14 Smear slide descriptions from Garrison Lake cores

Smear slide descriptions from each core are delivered in Microsoft Excel format.

Smear slide descriptions must describe clay/silt/sand ratios, relative abndance of diatoms, palynodebris and pyrite, and detailed notes on the general lithology.

Smear slides descriptions are from 10 unique cores.

The number of smear slide descriptions are sufficient to accurately describe the sedimentology and organic content of major facies..

4.15 Varve counts

Varve counts are delivered in Microsoft Excel format.

Counts contain top and bottom depths for each laminae and a brief description.

Counts are from laminated sections of 2 cores from Garrison Lake

4.16 Historical shoreline shape files

Delivered as .shp files in UTM Zone 10N coordinates.

Contains historical lake and sea shorelines along with the traces of rivers and streams that drain or feed Garrison Lake

4.17 Garrison Lake USGS Data Release

Prepare a draft USGS data release containing CT images, linescan images, XRF data, radiocarbon data, core descriptions, grainsize data, and smear slide descriptions.

4.18 Prepare combined topography/bathymetry grids for tsunami modeling in Delft-3D FLOW for sites in Oregon and Washington Grids should cover the areas of measured tsunami deposit extents for Floras, Bradley, Garrison, and the Sixes River Estuary Grids should be 5 m or better resolution in the areas of interest An informal report describing the bathymetry and topgraphy datasets used to create these grids

4.19 CT, line, and XRF scanning of cores from North Carolina

CT and linescan images of 10cores from DUNEX, coordinated with USGS scientists.

CT and linescan images must meet requirements specified in items 4.1 and 4.2 of this document.

XRF scans of 2 cores

4.20 CT scans, splitting, and linescanning of Oregon Lake Cores collected during the option period If collected, CT and linescan images of 10cores from Oregon Coastal lakes, coordinated with USGS scientists.

CT and linescan images must meet requirements specified in items 4.1 and 4.2 of this document.

4.11 Organize and catalog tsunami project cores in PCMSC and Menlo Park cold storage Provide an excel sheet with the rack and shelf number where each core resides Move low-priority cores (coordinated with USGS scientists) to the O’Brien

Warehouse in Menlo Park Relabel cores as necessary to comply with the organizational scheme implemented by USGS corelab managers

Provisions

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): http://www.acquisition.gov/far/

52.204-7 – System for Award Management (Oct 2018) 52.212-1 – Instructions to Offerors Commercial Items (Nov 2021)

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)

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

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

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

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

or

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

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

or

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

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

(d) Representation. The Offeror represents that—

(1) It □ will, □ will not provide covered telecommunications equipment or services to the

Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

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

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

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded

"will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

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

(B) A description of all covered telecommunications equipment offered (include brand;

model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

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

(ii) For covered services—

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

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

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

(i) For covered equipment—

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

(B) A description of all covered telecommunications equipment offered (include brand;

model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

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

(ii) For covered services—

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

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

52.204-26 Covered Telecommunications Equipment or Services-Representation (Oct 2020)

(a) Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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

(c)

(1) Representation. The Offeror represents that it □ does, □ does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it □ does, □ does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

52.212-3 Offeror Representations and Certifications -- Commercial Items (Nov 2021)

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. 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 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 the field of operation in which it is bidding on Government contracts, 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 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 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.

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.

(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 will be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it □ is, □ is not a small business concern.

(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 it □ is, □ is not a service-disabled veteran-owned small business concern.

(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 CFR124.1002.

(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 concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that-

(i) It □ is, □ is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: __________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that-

(i) It □ is, □ is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: __________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(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, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and

(ii) It □ is, □ is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(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-

(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, 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.

(iii) The terms "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

[List as necessary]

(3) 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.

(B) The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,"

"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.

Other Foreign End Products:

Line Item No. Country of Origin

[List as necessary]

(iv) 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 I. If Alternate I 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 Canadian end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act":

Canadian End Products:

Line Item No.

[List as necessary]

(3) 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 Canadian end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act":

Canadian or Israeli End Products:

Line Item No. Country of Origin

[List as necessary]

(4) 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…