USGS_Solicitation_No__140G0323Q0122_0001.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

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

OFFEROR

GSB

SACRAMENTO CA 95819-6027

3020 STATE UNIVERSITY DRIVE EAST

MODOC HALL, CSUS

USGS OAG SACRAMENTO ACQUISITION BR.

0006366977 CODE 16. ADMINISTERED BYCODE

X

X

X

541990

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED ORGSB

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

05/29/2023 1200 PT

05/16/2023

916-278-9329Charlan Fejarang (No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

140G0323Q0122

5. SOLICITATION NUMBER

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

1 43 0040612915OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

Flagstaff AZ 86001 2255 North Gemini Drive USGS SBSC Grand Canyon Monitoring

15. DELIVER TO

SACRAMENTO CA 95819-6027

3020 STATE UNIVERSITY DRIVE EAST

MODOC HALL, CSUS

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$19.5

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

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

USGS OAG SACRAMENTO ACQUISITION BR.

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Firm, Fixed-Price, Indefinite Delivery-Indefinite Quantity Contract is planned for a five (5) year ordering period.

Ceiling: $499,999.00

Period of Performance: 06/01/2023 to 05/31/2028

00010 Rio Grande Sediment Sampling & Gage Mainenance in accordance with the following attached documents:

Continued ...

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

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

Charlan Fejarang

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

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

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

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

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

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

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

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

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

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

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

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

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

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

1) Statement of Work, 8 pages

2) Commercial Clauses, 30 pages

3) 889 Certification, 2 pages

4) Task Order 1, SOW, 1 page

Product/Service Code: B529

Product/Service Description: SPECIAL

STUDIES/ANALYSIS- SCIENTIFIC DATA

All questions regarding this procurement shall be electronically, in writing to: Charlan Fejarang at cjfejarang@usgs.gov no later than Friday, May

19, 2023 at 12:00pm PT.

Responses are due to the Contracting Officer's email address at cjfejarang@usgs.gov by Monday, May 29, 2023 at 12:00pm PT.

USGS CONTRACTING OFFICER:

CHARLAN FEJARANG

EMAIL: CJFEJARANG@USGS.GOV

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

43 2 of

RFQ 140G0323Q0122 IDIQ SOW

PERFORMANCE-BASED WORK STATEMENT

I. GENERAL INFORMATION

A. Introduction

This work will be conducted as part of a project administered by the USGS Grand Canyon Monitoring and Research Center. This project is in support of needs requested by the National Park Service in Big Bend National Park in order to understand the sediment transport/geomorphology dynamics within the Rio Grande and its tributaries. This work is used to make science-based decisions regarding binational river management. This project includes a large field component whereby state-of-the art instrumentation (Acoustic Doppler Current Profilers - ADCPs) currently installed in the Rio Grande need to be programmed, maintained, downloaded, and repaired on a regular basis. These ADCPs are used to calculate sediment concentration, load, and transport rate at high temporal resolution (i.e. 15 min).

Physical sediment samples need to be collected during both high and low flows to calibrate, or update the calibrations of these instruments. These physical samples are collected from a boat using specialized USGS sediment samplers, as well as by automatic pump samplers installed alongside the ADCPs. Pump samplers also require special expertise to program and operate in order to be used in ADCP calibration.

In addition, the National Park Service, who funds this work, may request topographic surveys of the channel and floodplain to evaluate changes in river condition. These surveys will be done using total stations and Real-Time Kinematic (RTK) GPS instruments. These surveys are not likely to occur every year, thus, completion of surveying tasks will be dependent upon funding on a year to year basis.

B. Background

This project has been in place since 2010 and is part of a comprehensive river science program implemented in Big Bend National Park. Flows within the Rio Grande have been drastically reduced over the last half century leading to widespread changes to the morphology of the river. These physical changes are negatively affecting the riparian and aquatic ecosystem, and this project provides the information park managers need to develop environmental flow protocols, and other river rehabilitation actions designed to maintain and improve essential riverine habitats.

C. Scope

The general purpose is to conduct sediment sampling, instrument maintenance, data retrieval, and channel surveys needed to complete the science objectives outlined in the project.

II. WORK REQUIREMENTS

A. Technical Requirements.

Project Element 1: Sediment Sampling and Sediment Gage Maintenance

1. Contractor must make site visits monthly to 4 sediment monitoring stations: Rio

Grande above Castolon, TX, Rio Grande above Rio Grande Village, TX, Terlingua Creek near Terlingua, TX, and Tornillo Creek near Langford Hot Springs, TX.

Contractor must have experience installing, programming, and downloading sidelooking acoustic Doppler profilers made by Nortek, including the Nortek EZQ and Aquadopp. At the Rio Grande stations, acoustic instrumentation in both frequencies (1 and 2 mhz) must be downloaded, reprogrammed, and relaunched.

Downloaded files must be converted to acoustic beam and velocity files. For Nortek EZQ profilers, .EZQ files must be converted into .DAT, .HDR, .RA1, .RA2, .RA3, .RA4, and .SEN files. For Nortek Aquadopp profilers, .PRF files must converted to .SEN, .SSL, .V1, .V2, .WAD, .WHD, .A1, .A2 files. Contractor must analyze files in field to verify that instrument operated correctly during the entire period of record, and that the entire period of record was downloaded.

The frequency of visits (i.e. 12 per year) to each sites may be modified depending on available funding. In years with less funding, the frequency of site visits will be decreased, and the USGS will work with the contractor to determine the adequate frequency in these cases.

The Rio Grande above Castolon, TX, and Terlingua Creek near Terlingua, TX, exist in relative proximity to each other, thus maintenance visits to those sites could likely be achieved in one trip. The Rio Grande above Rio Grande Village, and the Tornillo Creek near Langford Hot Springs sites are also in relative proximity to each other, and maintenance visits to those sites could likely be achieved in one trip.

Thus, the full scope of work for site maintenance would consist of 24 trips, which includes 12 trips to the Castolon/Terlingua Creek sites, and 12 trips to the Rio Grande Village and Tornillo Creek sites, for a total of 24 trips.

During each maintenance visit, contractor must check all electronic connections, test battery voltage, investigate noise and voltage within downloaded files.

Acoustic instrument heads must be cleaned upon each download if flow conditions allow. Contractor must retrieve all samples from the automatic pump samplers at each station, properly recording the data that accompanies each sample. All pump tube intakes need to be cleaned. Pump samplers need to be reprogrammed upon sample retrieval. For Rio Grande pump samplers, this requires that the program operates based on input from attached pressure transducers, such that samples are collected based on the flow stage and volume of each flood event. Power supply and voltage must be checked. Pump sample data must be compiled in a summary.

2. Contractor must have experience installing, maintaining, and downloading Hobo, In-Situ, and Campbell Scientific SR-50 transducers and stage-measurement devices. Stage measurement devices at each of the Rio Grande, Terlingua Creek, and Tornillo Creek stations need to be downloaded, backed up, and verified for accuracy.

3. Depth-integrated suspended-sediment samples must be collected at the Rio Grande above Castolon, and Rio Grande above Rio Grande Village. A minimum of 6 samples must be collected at each site per year. One of these samples needs to be collected at low flow with a DH-48 sampler. The remaining four samples need to be collected at high flow (>1000 cfs) from a boat mounted with a crane using a D74 or D96A1 sampler. Samples will need to be collected using U.S. Geological Survey depth-integrated sampling protocols (Edwards and Glysson, 1988, 1999).

Contractor should be trained in USGS suspended-sediment sampling procedures at the time the contract is awarded, and be able to sample using required suspended-sediment sampling equipment including DH-48 and D-74 bottle samplers, and D- 96A1 bag-type sampler. For each flow sampled, bed-sediment needs to be sampled with a BMH-60 or BM-54 at three locations across the channel. Depth-integrated suspended-sediment samples must be collecting using the Equal-Width-Increment method at a minimum of 10 stations across the channel. Average surface flow velocity, sampler transit rate at each station, and total transit time for each of the 10 stations must be recorded and entered into a spreadsheet. All sampling needs to be conducted using approved USGS protocols. Two grab-samples must be collected using the pump sampler and must be collected before and after each high-flow suspended-sediment sample. Boat (motorized cataraft and/or jetboat), sampling frame, and crane must be supplied by contractor.

The number of samples may be modified based on an agreement between the contractor and the PI in years where few high flows occur, or where many high flows occur. The number of samples may also be modified based on available funding from the NPS, and sampling frequency may be reduced if there is inadequate funding for collection of 6 samples at each station per year.

4. High flows on the Rio Grande occur episodically during the thunderstorm season from spring to fall. Many, if not all of these flows occur for extremely short durations (less than 12 hours). The rise of these floods generally occurs between midnight and 6 am, depending on the location of the thunderstorms that generated the floods; the recession of these floods often occurs before midnight of the next day. Therefore, the contractor must be flexible, and must be able to respond to high flow events in an extremely short time frame such that depth-integrated samples are collected before the recession of these floods occur. This requires identification that a flood has occurred, travel to the field sites, launching boats, and collection of samples during the same day the flood occurs. If this condition is not satisfied, it is likely that the required sampling requirements will also not be satisfied. Thus it is up to the contractor to monitor stream gages daily, and mobilize quickly if high flows occur.

5. All acoustic data files, transducers and stage-measurement files, pump sampler datasheets, suspended-sediment and bed-sediment sample datasheets must be emailed to the USGS PI within 5 days after data collection.

Project Element 2: Topographic Surveys of the Channel and Floodplain.

In some years, the National Park Service, who funds this work may request that topographic surveys of the channel and floodplain be conducted to assess river condition. These surveys are to be conducted using total stations and/or RTK GPS instruments. Survey instruments and gear will be provided by the PI. Surveys will need to be conducted within the established survey network of known benchmarks, and survey data will need to be conducted such that each measurement is within 5 cm accuracy, as indicted by the survey software.

Surveys will either be measured along previously established river cross sections, or surveys may be conducted over an entire area as delineated by the PI. If measuring previously established channel cross sections, cross section endpoints must be “staked-out” using GPS software, followed by the complete survey of each river cross section. If flow depths prevent wading, GPS measurements must be made in conjunction with depth-soundings from a boat in order to complete of offshore parts of the survey. If conducting surveys over a specified area, survey point spacing should be made at greater than 0.5 points/meter, and complete coverage of the survey area must completed. Survey data must be downloaded and compiled in a spreadsheet whereby all data from an individual cross section are isolated, and plots of cross-section topography for each cross section are produced. These data will be emailed to GCMRC PI within one month of data collection.

These surveys are not likely to occur every year. Thus, surveys are only to be conducted as requested by the NPS when adequate funding is available.

B. Deliverables.

The full scope of work will include monthly maintenance 4 sediment gages within the Rio Grande. There are two different sets of gages. Thus maintenance trips to two different sets of gages 12x per year = 24 trips. In years when the full scope of work is not funded, the number of these trips may be modified based on available funding.

The full scope of work will include the collection of 6 suspended sediment samples at two different gages per year = 12 sampling trips. These trips are dependent upon flows within the river and thus the schedule is not predetermined. In years when the full scope of work is not funded, the number of samples may be modified based on available funding.

The full scope of work will also include the surveying of channel and floodplain surveys as requested by the NPS. These surveys are not likely to occur in every year.

Deliverables associated with the above tasks include:

1. Data files from 4 acoustic instruments emailed to USGS PI within 5 days of data collection. Files specified in Project Element 1.1.

2. Summary sheets from pump samplers, and transducers at the four sediment stations must be emailed to USGS PI within 5 days after data collection.

3. Summary sheets of suspended- and bed-sediment samples must be compiled and emailed to USGS PI within 5 days after data collection.

4. Bottles obtained from EWI sampling, and sample bags obtained by bed sampling at the Rio Grande sediment gages will be retrieved annually or bi-annually by project PI during site visits. There must be a minimum of 120 bottles associated with the 6 samples at each site (10 bottles/sample). In the event there is a not a sufficient number of high flows to sample, an additional low flow sample may be collected, or the sampling regime may be re-evaluated by the USGS PI.

5. In years when topographic surveys are conducted, survey data must be delivered to PI within 30 days of completion of the survey. Raw survey files from the RTK base station and from the data collector must be delivered along with .csv files of the survey data.

5 A summary of all work must be included in a report and delivered to the USGS PI by the end of the year/contract.

C. Quality Assurance and Surveillance Plan.

A performance assessment plan is based on the premise that the contractor, not the government, is responsible for managing and ensuring that quality controls meet the terms of the contract.

Contractor and the Contracting Officer’s Representative (COR) shall monitor the working relationship between the Government and Contractor personnel to ensure that services do NOT develop into a personal service relationship as defined in FAR 37.104. Questions concerning this matter shall immediately be referred to the Contracting Officer.

The Government, through its COR or other designated technical representative, will monitor the Contractor’s performance. The Government may monitor the Contractor’s performance of routine functional requirements and outputs, as well as the milestones and deliverables of specific project requirements as deemed necessary to ensure acceptable progress and compliance with contract requirements. The Government shall use a variety of methods to evaluate the Contractor’s performance including monthly task summary reports that shall be delivered to the Government.

Required Service (1) Performance Standard (2) Monitoring method (3) Downloading, maintenance, and reprogramming of ADCP data

Downloaded files are converted to .DAT, .HDR, .RA1, .RA2, .RA3, .RA4, and .SEN files for EZQ instruments, or .PRF files must converted to .SEN, .SSL, .V1, .V2, .WAD, .WHD, .A1, .A2 for Aquadopp instruments. Files are emailed to USGS upon download.

Visual inspection of data files, and reduce data down to beam and velocity files, and verified that all data since last download exists at 15 minute intervals.

Quality control project-level acoustic data

Data is examined and evaluated to ensure instrumentation is working correctly

Review work progress and periodically inspect for data quality through the processing of the data into sediment attenuation and backscatter data.

Summary sheets of pump samples

Emailed documents stating station location, bottle number, time, and date of sample. This data must also be included on individual bottle labels.

Review status reports.

Individual bottles will be labeled by the contractor and collected by the USGS annually, or bi-annually

Summary sheets of depth integrated suspended- and bed-sediment samples

Emailed summary sheets of depth-integrated samples include the sampling location, the station name, date, personnel who collected sample, sampler type, nozzle size, station number for each bottle, tagline distance of each station, depth at each station, transit time of each vertical

Evaluation of the collected samples will be inspected by the USGS GCMRC sediment lab, and grain size distributions will be analyzed to verify that samples do not contain bed-sediment contamination. If no bed-contamination exists, and concentration and grain size sample, transit velocity, mean surface flow velocity at least 3 stations, start time and end time of sample, and tape-down measurements at the instruments. Bed sampling summary sheets must include the station name, date, time, and the tagline distance of each sample.

data agree favorably with our database of past samples, performance will be satisfied.

Output files of topographic surveys of channel and floodplain

Emailed raw survey files (T.02 and .TST) and processed output files (.csv)

Evaluation of the collected data to ensure data was collected within established control network at sufficient error levels. Check for completeness of survey.

III. SUPPORTING INFORMATION

A. Place of Performance.

Rio Grande Village, Terlingua Creek, Tornillo Creek, Castolon, Big Bend National Park.

B. Period of Performance.

Five (5) year ordering period: June 1, 2023 – May 31, 2028

C. Government Furnished Property (GFP):

The following property already exists at the monitoring sites:

Suspended-sediment samplers ($3,535) Bed-sediment samplers ($1,250) B-reel ($1,970) Qty (4) ADCPs ($72,000) Qty (4) ISCO 3712 pump samplers ($14,000) Wiring/Cabling ($4,000) SR-50 stage sensor ($1,200) Qty (4) solar panels ($1,000) Qty (10) deep cycle batteries ($1,000) Total = $99,955.

D. Special Considerations.

1. Data Rights, Safety, Environment.

No Data is to be transferred to anyone except the USGS Principal Investigator, without PI written consent to do so.

2. Invoicing Structure.

Invoices shall be submitted upon completion of the work.

140G0323Q0122 IDIQ RFQ Clauses_ Page 1 of 30

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 https://www.acquisition.gov/far/.

The following provisions are incorporated by reference, with fill-ins noted as appropriate:

52.204-7 – System for Award Management (Oct 2018) 52.212-1 – Instructions to Offerors – Commercial Items (March 2023) 52.216-27 – Single or Multiple Awards (Oct 1995)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/

The following clauses are incorporated by reference, with fill-ins noted where appropriate:

52.204-13 – System for Award Management (Oct 2018) 52.212-4 – Contract Terms and Conditions – Commercial Items (Dec 2022)

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:

Best Value to the government using the following Trade-Off factors:

- Technical Capability

- Firm, Fixed Price for Task Order 1

- Firm, Fixed Price for each Task in Project Element 1 and 2

- Past Performance with preference given to work with federal agencies

Contractor shall meet the following Minimum Technical Capabilities:

• Contractor must have experience installing, maintaining, and downloading Nortek acoustic Doppler profilers including the ability to convert raw acoustic data to acoustic beam and velocity files. Contractor must have experience installing, maintaining, and downloading Hobo, In-Situ, and Campbell Scientific SR-50 transducers and stage-measurement devices. Stage measurement devices at

140G0323Q0122 IDIQ RFQ Clauses_ Page 2 of 30 each of the Rio Grande, Terlingua Creek, and Tornillo Creek stations need to be downloaded, backed up, and verified for accuracy.

• Contractor should be trained in USGS suspended-sediment sampling procedures at the time the contract is awarded, and be able to sample using required suspended-sediment sampling equipment including DH-48 and D-74 bottle samplers, and D-96A1 bag-type sampler.

• Contractor must provide sampling boat, sampling frame, and crane for collecting suspended sediment samples.

• Contractor should be able to conduct RTK GPS surveys with survey data having 5 cm of accuracy or less.

52.212-3 OFFEROR REPRESENTATIONS AND

CERTIFICATIONS—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (DEC 2022)

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.

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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;

140G0323Q0122 IDIQ RFQ Clauses_ Page 4 of 30

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

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

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

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

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

Sensitive technology—

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

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

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

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

Service-disabled veteran-owned small business concern—

(1) Means a small business concern—

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

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

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service connected, as defined in 38 U.S.C. 101(16).

Small business concern—

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

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

140G0323Q0122 IDIQ RFQ Clauses_ Page 5 of 30

Small disadvantaged business concern, consistent with13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that—

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

(i) One or more socially disadvantaged (as defined at13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR124.104(c)(2);

and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

Subsidiary means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

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

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

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

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

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

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

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

(b)

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

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

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

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

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

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

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

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

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

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

(3) Service-disabled veteran-owned small business concern. [ Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that—

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

(ii)It □ is, □ is not a joint venture that complies with the requirements of 13 CFR 125.18(b)(1) and (2). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ____________.] Each service-disabled veteran-owned small business concern participating in the joint venture shall provide representation of its service-disabled veteran-owned small business concern status.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, that it □ is, □ is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

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

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

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

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

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

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

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

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

(d) Representations required to implement provisions of Executive Order11246-

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

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

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

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

(2) Foreign End Products:

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Line Item No. Country of Origin

[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 "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product," "commercially available off-the-shelf (COTS) item," "critical component," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act."

(ii) The Offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act."

Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

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Line Item No.

[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

[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.

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(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

[List as necessary]

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

(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act":

Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

Line Item No.

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[List as necessary]

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

(i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled "Trade Agreements."

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

Other End Products:

Line Item No.

[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…