140G0325Q0153_USGS_RFQ.pdf

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STATEMENT OF WORK

U.S.G.S. Western Ecological Research Center

Field surveys to evaluate Mojave desert tortoise (Gopherus agassizii) demography within the Naval Air Weapons Station China Lake in Kern, Inyo, and San Bernardino Counties, California.

Introduction The U.S. Geological Survey (USGS) - Western Ecological Research Center requests assistance in conducting field surveys to identify the presence and conditions of Mojave desert tortoise (Gopherus agassizii; hereafter tortoise) and their associated habitats within the Naval Air Weapons Station China Lake in Kern, Inyo, and San Bernardino Counties, California. USGS anticipates that the majority of work will include field surveys to locate tortoise sign (live animals, carcasses, burrows, and scat) locate and mark individual tortoises, monitor location and behavior, collect associated ecological and environmental data. These field surveys and associated data will be shared with multiple federal entities and project proponents to estimate regional demographic parameters and make informed land management decisions.

Background & Scope The U.S. Geological Survey (USGS) - Western Ecological Research Center has been contracted to conduct field surveys to identify presence and conditions of federally threatened Mojave desert tortoises (Gopherus agassizii) and associated habitats within two 1 km2 sites at the Naval Air Weapons Station China Lake (NAWSCL) covering Kern, Inyo, and San Bernardino Counties, California. We proposed using this survey effort to re-visit one previously surveyed site from 2022 and establish a new demographic study site in the North and/or South ranges within NAWSCL to evaluate tortoise demography (animal sex, age structure, and condition).

The longevity of tortoises and their ability to persist in harsh environments and suboptimal habitats can mask demographic changes that can precipitate population declines, such as persistent lack of recruitment, skewed sex ratios, or low reproductive output. We plan to conduct capture-recapture surveys with 5-meter interval passes to locate tortoises over a three-day period on each of two plots in Fall 2025 to quantify juvenile and adult tortoises as well as any observed tortoise carcasses and scat present at these locations. We will use the demographic information for tortoises in addition to their clinical health status, and environmental and habitat conditions, to provide local estimates of tortoise density, immigration, and emigration, and demographic structure and health within the study areas. Additionally, this survey effort will facilitate collecting new genetic material to evaluate genetic diversity and provide updated assessments of disease and health status for tortoises in this area. Collectively, this information can be compared with other established demographic sites throughout the Mojave Desert to improve estimates for tortoise vital rates so that fluctuations due to habitat disturbance, climate variation, and other confounding factors can be quantified and estimates of site persistence and potential re-colonization rates can be modeled.

Contracting with avendor with the unique qualifications, permits, experience, and equipment to accomplish these tasks with Mojave desert tortoises is necessary to ensure we comply with requirements from the Department of Navy and other regulatory agencies for listed and sensitive species, including the U.S. Fish and Wildlife Service, U.S. Bureau of Land Management, and

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California Department of Fish and Wildlife. This work will be conducted for USGS biologists and technical staff. Qualifications must incorporate experience conducting desert tortoise surveys and collecting ecological data, effective and daily communication with the USGS, and data management by technically-skilled data personnel.

Technical Requirements For each service category, the USGS is requiring the vendor to provide evidence of experience and qualifications to handle and research the federally and state-threatened Mojave desert tortoise. This research requires extensive field data collection efforts over 2 - 1km2 sites on Navy lands only accessible with Naval unexploded ordnance (UXO) escorts and daily coordination with USGS staff on-site to complete the work. Federal and state guidelines dictate strict protocols and experience required for searching, and handling for tortoises. The USGS is requiring the awarded vendor have enough experienced and qualified staff (employees and/or subcontractors) available to complete the work in a timely manner. Experienced staff must know the ecological and physical characteristics of Mojave desert tortoises and have worked in this region for enough years to be familiar with the environmental conditions that influence behavior and responses of tortoises. Tortoises often present with complex and counterintuitive responses, requiring experienced staff to accurately document their clinical and physiological condition.

During the period of performance, the vendor will be asked to survey a complete 1 km2 area daily and contribute to locating as many Mojave desert tortoises as possible to mark them necessitating only well-equipped experienced staff for efficient and responsible animal handling and data collection. These tortoises would be located and processed over 6 days in September 2025. The vendor must be able to meet the operational goals and data collection efforts for this project in a timely manner. For “Technical Requirements,” the vendor must explain its ability to ensure the proposed number of staff (employees and/or subcontractors) will be available for the project start and work throughout the award. The vendor must also describe their strategy if the number of requested staff is not available for work.

Description of Services:

1) Field Surveys for Tortoise Sign –Awarded vendor will conduct field surveys to locate all signs of Mojave desert tortoises, including live tortoises, carcasses, burrows, and scat within selected project areas using standardized survey protocols provided by the USFWS, USBLM, CDFW, or other agencies as required. Standardized datasheets will be provided by USGS. All other supplies and equipment (see “Equipment Specifications” below) needed to perform this task will be provided by the vendor. Federal and State permits and specialized experience are required for this work to cover 2-1 km2 areas.

[Vendor must include documentation within the technical proposal stating that they have:

At least 10 individuals with 15 or more years’ experience conducting surveys for, handling, and marking of Mojave desert tortoises;

At least 20 individuals with 10 or more years’ experience conducting surveys for, handling, and marking of Mojave desert tortoises;

All individuals will be experienced using global positioning devices (GPS) and other field navigation devices;

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All individuals have been listed on Federal and State permits or project Biological Opinions to perform these tasks within the last 3 years;

Documentation must include a USFWS Statement of Qualifications-SOQ-form, references, and detailed experience for each vendor member.

Documentation must include project references (name, title, phone number, and email) documenting experience performing this described task for each individual. All biological opinion, permit, or authorization letters or numbers provided by USFWS and State agencies should be listed for each proposed staff member.

2) Tortoise Handling – Awarded vendor will find and mark Mojave desert tortoises (all size classes) in order to capture the size classes and condition of tortoises throughout the project area. Standardized datasheets will be provided by USGS. All field supplies (see "Equipment Specifications” below) will be supplied by USGS. Federal and state permits and specialized experience are required for this work to meet strict USFWS protocols.

[Vendor must include documentation within the technical proposal stating that they have:

At least 15 or more individuals with 5 or more years’ experience handling Mojave desert tortoises;

Each individual must have been listed on Federal and State permits or project Biological Opinions to perform these tasks within the last 5 years;

Documentation must include a USFWS SOQ-form (described above) indicating number of juvenile, sub-adult, and adult tortoises with radio attachment/removal;

Documentation must include references (name, title, phone number, and email) documenting experience performing this described task for each vendor individual. If applicable, all biological opinion, permit, or authorization letters or numbers provided by USFWS and State agencies should be listed for each vendor individual.

3) Tortoise Ecological and Spatial Data Collection - Record ecological, physical, and environmental data for each tortoise encounter on both paper and electronic records in the field. Standardized datasheets and electronic software platforms will be provided by USGS. Vendors will be responsible for supplying all navigation devices (GPS units) and electronic data collection devices (see “Equipment Specifications” below) to conduct this work. Federal and state permits and specialized experience are required for this work. [Vendor must include documentation within the technical proposal stating that they have:

At least 20 or more individuals with 10 or more years’ experience collecting and recording ecological data for Mojave desert tortoises including habitat use, behavior, movement patterns, weather and climate information, landscape features (roads, topography, etc.);

Each individual must have collected the described ecological data on both paper datasheets and using electronic formats in the field;

Documentation must include references (name, title, phone number, and email) documenting all experience performing this described task for each vendor individual.]

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4) Data Collection and Collaboration - Vendor will collect data using established protocols, efficiency, and utmost scientific integrity. They will also communicate daily with the USGS on progress, issues, and questions related to the study and will work with USGS staff side by side in the field to complete goals in a timely manner. Vendor will be required to understand the project background, importance, and needs for proper data collection. Field data will be collected using hardcopy (paper) formats, then collated and reviewed for quality control and quality assurance daily. Subsequent data review and proofing are required before final data transfer to USGS. A data manager or personnel devoted to the project’s data is crucial for USGS and vendor communication on data collection and correction. Specialized experience performing these tasks with Mojave desert tortoises is required.

[Vendor must include documentation within the technical proposal stating that they have:

Experience collecting ecological field data from Mojave desert tortoises using both hardcopy (paper datasheets) and digital formats.

Experience collating, proofing, and performing quality control measures with ecological data associated with Mojave desert tortoises;

Data manager or personnel with ability to gather, review, and correct data nightly by 8pm from all staff per day;

Vendor must describe their experience and project approach to:

o developing and using standardized naming conventions, o work flow, o data entry procedures, o population of data entry with prior related fields and forced data parameters, o data integrity, o procedures for daily review of all field data and accuracy, o synchronizing digital data with server databases, o data storage and management, o transferring data deliverables to USGS.

Vendor must describe their approach allowing each project individual to access previously collected data, photographs, reports, and summary lists in real-time while in the field (i.e. through an internet database or application).

Vendor must have successfully demonstrated the ability to collect large ecological datasets for Mojave desert tortoises over multiple years. All data must have been provided in a timely manner and using desired formats and quality control measures.

5) Labor Estimates – Within the technical proposal, the prime vendor (prime contractor) shall provide an estimate of labor that will be performed by employees versus outside vendors, including independent contractors and sole proprietors. If independent contractors and sole proprietors are proposed, please provide approach to ensure that all vendors are able to secure and maintain the minimum insurance limits (e.g. workers compensation and professional liability) required for this contract, and control measures for quality control and professional conduct.

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6) All motorized vehicles must remain on pre-existing dirt roads. No new road incursions are allowed. Project site access will require accessing Department of Navy, China Lake Naval Air Weapons Center and will be subject to military security measures and background checks.

[Vendor must include documentation stating:

All individuals have experience driving a 4x4 vehicle over rough terrain in the Mojave desert;

All individuals possess a valid U.S. State driver’s license;

All individuals working on this project are U.S. citizenship or possess appropriate visa documentation to work within the U.S.;

All individuals do not have any unaddressed traffic, misdemeanor, or other violations/charges that may prevent them from accessing U.S. military installations.]

7) All significant habitat disturbances including remote camping within the project area are not allowed.

Equipment Specifications

USGS will provide contractor the following:

[Surveys] non-toxic paint and radios (if permitted).

[Data collection] Standardized datasheets.

Contractor will provide the following:

[Surveys and telemetry] GPS units, flagging tape, and thermometers.

[Data collection] Cell phones, GPS units, tablets, computers and associated electronic data collection/management platforms.

Deliverables Products to be delivered to USGS by the vendor:

1) Daily survey progress provided daily by 8 pm.

2) Daily survey records including GPS coordinates, GPS tracks, and datasheets to document habitat searched and supporting conditions (USGS will provide standardized datasheets).

3) Daily ecological data for each tortoise observation. Paper data will be recorded in the field and supplied to USGS (USGS will provide standardized datasheets).

4) All data, photographs, paper datasheets, metadata and other materials, summary or tabulation files, and reports will be collated, labeled, proofed and corrected for inaccuracies if applicable, and supplied to USGS.

Draft data and related material will be delivered daily after field surveys and activities have occurred. After additional quality control measures, field data, summaries, tabulations, reports, geospatial data, and field samples will be provided to USGS. Vendor will be available for data corrections or clarification on their data or data platforms as needed.

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Place of Performance Naval Air Weapons Station China Lake in Kern, Inyo, and San Bernardino Counties, California

Period of Performance August 20, 2025 – October 11, 2025

Government-furnished property:

Vendor individuals will return all government-furnished equipment used throughout the survey season. This includes, but is not limited to, any unused field equipment (e.g. tape measures).

Technical requirements: (see requirements under each Description of Service)

Specializes in remote backcountry field surveys and familiar with Mojave Desert habitats and terrain.

Documented previous experience in surveying for and identifying the presence of Mojave desert tortoises including live tortoises, burrows, carcasses, scat, egg shell fragments, and associated tracks using approved (e.g., USFWS, CDFW) survey protocols for detections.

Documented previous experience and associated permits (including federal and state) to handle, mark, and monitor Mojave desert tortoises.

Documented previous experience identifying, surveying for, and describing physical and biological attributes (e.g. topography, vegetation, condition and trend) for tortoise habitat in the western Mojave Desert.

Specializes in providing tabulated electronic information to the USGS and vendor staff nightly or at the end of the surveying period through multiple applications with data updates and survey progress by on-staff data personnel.

Able to perform the work with minimal ground disturbance. Absolutely no driving off of pre-existing roads, must remain on existing dirt roads.

Responsible for providing equipment, tools, personnel, and transportation needed to perform services.

Responsible for the safety of their personnel which includes providing personal protective equipment.

No contracted personnel will have access to any Federal buildings nor will require any personal or computer security clearance.

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COMMERCIAL CLAUSES AND PROVISIONS

System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in agency solicitations, including 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals— Representation, and paragraph

(t) of 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services.

Agencies will not consider or use these representations. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.

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/

Provision Title Date 52.204-07 System for Award Management Oct 2018 52.212-1 Instructions to Offerors – Commercial Items Sep 2023 52.204-29 Federal Acquisition Supply Chain Security Act Orders—Representation and Disclosures Dec 2023

52.252-02 Clauses Incorporated by Reference (February 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/

Clause Title Date 52.204-13 System for Award Management Maintenance Nov 2021 52.212-4 Contract Terms and Conditions – Commercial Items Nov 2023

52.212-2 Evaluation – Commercial Items (November 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:

Firm, Fixed Price Technical Capability (unique qualifications, Federal and State permits, experience and equipment) and Recent, Relevant Experience. Qualifications must incorporate experience conducting desert tortoise surveys and collecting ecological data, effective and daily communication with the USGS, and data management by technically-skilled data personnel.

For “Technical Capability,” the vendor must explain its ability to ensure the proposed number of staff (employees and/or subcontractors) will be available for the project start and work throughout the award. The vendor must also describe their strategy if the number of requested staff is not available for work.

It is the prospective contractor’s responsibility to submit sufficient information to allow a meaningful evaluation in each of these areas. Failure to do so will negatively impact our evaluation of your quotation.

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We will select for award the prospective contractor whose quotation conforming to this solicitation will be most advantageous to the USGS.

52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services (May 2024)[(DEVIATION Feb 2025)]

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

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

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

Forced or indentured child labor means all work or service—

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

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

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

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Small business concern—

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

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

CFR 121.103.

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

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

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

(ii) Each individual claiming economic disadvantage has a net worth not exceeding the threshold at 13 CFR 124.104(c)(2) after taking into account the applicable exclusions set forth at 13 CFR124.104(c)(2); and

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

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

(1) Directly by a parent corporation; or

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

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

(1) Not less than 51 percent of which is owned and controlled by one or more veterans (as defined at 38 U.S.C.

101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(4) SDVOSB concern joint venture eligible under the SDVOSB Program. The offeror represents that it is, is not an SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR

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128.402. [Complete only if the offeror represented itself as an SDVOSB concern in paragraph (c)(3) of this provision.] [The offeror shall enter the name and unique entity identifier of each party to the joint venture:

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

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

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

(8) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents that it is, is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ____________.] Note to paragraphs (c)(9) and (10): Complete paragraphs (c)(9) and (10) only if this solicitation is expected to exceed the simplified acquisition threshold.

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

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

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

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

(ii) It is, is not a HUBZone joint venture that complies with the requirements of 13 CFR 126.616(a) through (c).

[The offeror shall enter the name and unique entity identifier of each party to the joint venture: ______.] Each HUBZone small business concern participating in the HUBZone joint venture shall provide representation of its HUBZone status.

(d) 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.)

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

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

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

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

(2) Foreign End Products:

Line Item No. Country of Origin Exceeds 55% domestic content (yes/no) [List as necessary]

(3) Domestic end products containing a critical component:

Line Item No. ___ [List as necessary]

(4) The Government will evaluate offers in accordance with the policies and procedures of FAR part 25.

(g) (1) Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act, is included in this solicitation.)

(i) (A) The Offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (iii) of this provision, is a domestic end product and that each domestic end product listed in paragraph (g)(1)(iv) of this provision contains a critical component.

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

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

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

Line Item No. Country of Origin [List as necessary]

(iii) The Offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act." The Offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select “no”.

Other Foreign End Products:

Line Item No. Country of Origin Exceeds 55% domestic content (yes/no) [List as necessary]

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

Line Item No. ___ [List as necessary]

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(v) The Government will evaluate offers in accordance with the policies and procedures of FAR part 25.

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

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

Israeli End Products:

Line Item No.

[List as necessary]

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

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

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

Korean End Products or Israeli End Products:

Line Item No. Country of Origin [List as necessary]

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

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

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

Other End Products:

Line Item No. Country of Origin [List as necessary]

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

(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals–

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

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

140G0325Q0153 Provisions and Clauses, Page 8 of 20

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

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

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

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

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

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

(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(C) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(D) The taxpayer has filed for bankruptcy protection.