Combined_Synopsis-Solicitation_Revised_0001.docx

Combined Synopsis/Solicitation for Commercial Items

FAR 12.603

General Information

Contracting Office Address National Park Service EAST Buying Office 100 Alabama Street SW, 1924 Bldg., 5th Floor Atlanta, GA 30303 Description This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) 12.6, “Streamlined Procedures for Evaluation and Solicitation for Commercial Items,” as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; Quotes are being requested, and a written solicitation document will not be issued.

The National Park Service, Martin Luther King, Jr. National Historical Site (MALU), has a requirement for Pop-Up Exhibit Services for Historic Fire Station No. 6 at NPS, Martin Luther King, Jr. National Historical Park, 450 Auburn Avenue, NE, Atlanta, GA 30312. This solicitation is a request for quote (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2019-03.

The associated North American Industrial Classification System (NAICS) code for this procurement is 337215, with a small business size standard of 500 Employees. The Product Service Code is M1PB; OPERATION OF EXHIBIT DESIGN (NON-BUILDING).

In accordance with FAR Subpart 28, a certificate of insurance is required, and coverage must be at a minimum of: $200,000 per person; $500,000 per occurrence; and $20,000 per property. The insurance certificate must be submitted within 10 calendar days of receipt of the award.

The contractor must provide current Representation and Certifications, with quote.

All eligible and responsible sources may submit a quote, which if timely received, shall be considered by the Agency. Companies must have a valid Unique Entity ID and be registered with System for Award Management (www.sam.gov). SAM.gov offers free services. An offeror must ensure that they are self-certified under NAICS Code 337215 in the Representations and Certifications portion of SAM.gov.

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. Quotes will be evaluated based on best value to the Government, which will result from lowest price technically acceptable. The following factors shall be used to evaluate offers:

(i) technical capability of the item offered to meet the Government requirement;

(ii) price;

(iii) past performance (see FAR 15.304);

Technical and past performance, when combined, are equal when compared to price.

All eligible and interested companies shall provide proposals for the following:

Services

Martin Luther King, Jr. National Historical Site

(MALU)

Atlanta, GA

STATEMENT OF WORK:

Pop-Up Exhibit Services for Historic Fire Station No. 6

March 11, 2025

NATIONAL PARK SERVICE

SOUTHEAST REGION

(EAST) MAJOR ACQUISITION BUYING OFFICE

The U.S. Department of the Interior, National Park Service, Martin Luther King, Jr. National Historical Site (MALU), located in Atlanta, GA, requires a Pop-Up Exhibit Services for Historic Fire Station No. 6.

The North American Industry Classification System (NAICS) code is 337215. The Government intends to award a firm fixed price contract in accordance with FAR Part 12, Acquisition of Commercial Items, and FAR Part 13, Simplified Acquisition Procedures.

Statement of Services

Statement of Work Martin Luther King, Jr. National Historical Park Pop-Up Exhibit for Historic Fire Station No. 6

1. SCOPE:

Under the terms and conditions outlined below, the Contractor will fabricate and work with park staff on the design of the pop-up, temporary exhibit to be placed in the historic Fire Station No. 6 at 39 Boulevard NE, Atlanta, GA. 30312. The Contractor will manage day-to-day operations of the exhibit project in consultation with the Chief of Interpretation and Education, including planning, designing, and fabricating the pop-up exhibit. The Contractor will provide the park with draft samples of the exhibit panels including exhibit text, graphic layout, dimensions, and material type(s) for approval as well as instructions for care and removal of the panels.

2. CONFIDENTIALITY AND SECURITY:

The information developed under this task order is the property of the U.S. government and shall be kept in strict confidence.

3. PLACE OF PERFORMANCE:

The work shall be completed within the Martin Luther King, Jr. National Historical Park as well as onsite at the design production facility. The installation shall occur at the historic Fire Station No. 6 and the design and printing of the material shall occur at the Contractor’s location of business.

4. PERIOD OF PERFORMANCE:

The work shall begin following the issuance of the contract and will proceed by the schedule for submittals no more than two weeks after the contract award date.

5. INTRODUCTION:

Martin Luther King, Jr. National Historical Park (MALU) has a project in place to rehabilitate the Visitor Center in early 2025 to update systems, ensure structural stability, and perform maintenance on many of the architectural features. In order to continue operations and provide a positive experience to the visitor, a temporary exhibit will need to be created in a designated location at the park to provide opportunities for guests to learn about and engage with the history of Dr. King’s life and tragic ending, the history of the Sweet Auburn community in which he grew up in, worshipped in, and worked in, and the history of Ebenezer Baptist Church and the Southern Christian Leadership Conference—two institutions Dr. King was deeply tied to as a vehicle for justice for all. The exhibit will need to be a pop-up style to make it easily removable or relocatable after the park Visitor Center opens back up so that the exhibits can be re-used in whole or in portion(s) at other locations throughout the park and the space for the exhibit will be limited with a theatre portion close—sound bleed will be an issue.

6. BACKGROUND AND JUSTIFICATION:

MALU was established on October 10, 1980, by Public Law 96-428 (PL 96-428). The park is located in Atlanta, Georgia and its mission is to protect and interpret for the benefit, inspiration, and education of present and future generations the places where Martin Luther King, Jr. was born, where he lived, worked, worshipped, and where he is buried. To maintain park operations and afford visitors with the chance to learn the history of Dr. King’s personal life, academic life, career, and involvement with the Civil Rights Movement, the National Park Service is requiring planning, design, and fabrication of pop-up exhibits at historic Fire Station No. 6.

Currently, visitors encounter exhibits at historic Fire Station No. 6 detailing the history of the neighborhood, racial relations in the South, and the integration of fire stations in Atlanta, Georgia. The new pop-up exhibits will showcase the mission of MALU, and visitors will experience the history of a legendary Civil Rights leader, Dr. Martin Luther King, Jr. The pop-up exhibits will be removable—temporary in nature—so that it can be used in whole or in portion(s) at various locations throughout the park, for easier accessibility for cleaning the large original 1927 fire truck that will stay in place, and to not make permanent changes to the historic fabric of the building. There is limited space in the historic Fire Station so it will be a smaller, condensed pop-up exhibit.

The successful completion of this project will mean that by the end of first quarter of 2025, new pop-up exhibits related to the interpretation of the places where Dr. King was born, lived, worked, worshipped, and is buried will be planned, designed, and fabricated for the placement at historic Fire Station No. 6.

7. REQUIRED CONTRACTOR QUALIFICATIONS:

The Contractor must demonstrate experience in exhibit planning, design, and fabrication projects from inception to completion. Experience working with the National Park Service is desirable but not required. Ideal candidates will also possess the following qualifications:

Experience managing exhibit projects.

Experience managing projects in historic structures.

Background knowledge of Southern United States history.

Background knowledge of United States Civil Rights history.

Ability to work sensitively around historic fabric.

Knowledge of accessibility standards for the National Park Service.

Knowledge of contemporary use of Audio-Visual equipment in exhibits.

Knowledge of copyright laws and legal access rights issues for art, photography, and objects to be displayed on exhibit.

Knowledge of contemporary, high quality printing techniques.

Has necessary printing equipment able to complete high-quality work, including but not limited to printers, ink, fabric, vinyl, paper, and glass.

Experience managing printing equipment able to complete high-quality work, including but not limited to printers, ink, fabric, vinyl, paper, and glass.

Has necessary fabrication materials able to complete high-quality work, including but not limited to metal, wood, glass, fabric, vinyl, paper, Audio-Visual technology, and hardware.

Experience handling fabrication materials able to complete high-quality work, including but not limited to metal, wood, glass, fabric, vinyl, paper, Audio-Visual technology, and hardware.

Skill in managing, leading, communicating, and collaborating with a wide range of internal and external stakeholders to accomplish project goals.

Excellent written and oral communication skills.

Strong interpersonal skills.

8. PROJECT DESCRIPTION:

The goal of this project is to plan, design, and fabricate a pop-up exhibit for the historic Fire Station No. 6 at MALU in Atlanta, Georgia. The project includes coordination with the Contracting Officer (CO), Contracting Officer’s Representative (COR), and MALU staff.

The contractor shall provide all services including labor, materials, facilities, and travel necessary to plan, design, fabrication, transport to site, and install all exhibit elements for the historic Fire Station No. 6 in accordance with the specifications as detailed in this contract and its attachments. Work shall include the planning, design, fabrication, and installation of all exhibit structures, graphic layouts, audiovisual elements, interactive elements, artwork, artifacts, historical vignettes, lighting design, and information desk. Work shall also include comprehensive research for obtaining all necessary reference information and materials to design, specify, and provide comprehensive reference material for all the models, props, and artwork required in this contract. The contractor shall coordinate all work with the COR for the exhibit design/build effort. MALU will remove existing exhibits. The contractor shall provide all supplies and materials to fabricate the exhibit.

All work under this contract shall be performed in accordance with the terms herein, including all attachments. The government shall furnish, as appropriate, required data, directional outlines and access to project information necessary to perform the production of work as required.

8.1. Point of Contact

The contractor’s Project Manager (PM) shall be the primary point of contact between the CO and COR. The PM shall have full authority to act for the contractor on all matters relating to this contract, and shall perform the following work:

1. Be available to take or respond to telephone calls or electronic mail messages during normal hours of operation (8:30 am–5:00 pm EST).

2. Establish office procedures to ensure that messages are relayed to the Project Manager when out of the office or because of time zone differences.

3. Respond to emergency messages from the COR on the same day they are received. All non-urgent messages from the COR shall be responded to in no more than one (1) business days.

8.2. Quality Control

The contractor shall provide quality control to ensure that all elements of project work meet the requirements of the contract specifications and that all modifications are implemented. The PM shall provide routine inspections of in-house and subcontracted work to ensure it meets contract specifications and shall oversee the quality of work produced and implemented at all phases of the project. Any work found not acceptable or compliant with the specifications shall be corrected prior to inspection or review by the COR.

8.3. Government Furnished Property

No materials, property, or supplies will be furnished by the government. The government shall furnish, as appropriate, required data, directional outlines and access to project information necessary to perform the production of work as required.

8.4. Schedule

The contractor shall schedule, coordinate, oversee, and manage work produced and installed under this contract. Track work progress to ensure that the project is completed according to the schedule. Coordinate and confirm the dates for all submittals and meetings with the COR.

8.4.1 Status Reports

The contractor shall provide no less than weekly status reports to the COR that includes the status of the project. Issues that affect the schedule and budget shall be provided within the same day they were discovered.

8.4.2 Project Schedule

The contractor shall produce a detailed, complete project schedule listing all required submittals and their review times. The project schedule shall also include site visits, shop inspections, installation activities, and closeout submittals.

The contractor shall submit a preliminary project schedule to the COR for review and approval at the post award meeting. The contractor shall update the approved schedule and resubmit to the COR one (1) working days prior to every project status meeting for the life of the project.

8.4.3 Installation Schedule

The contractor shall coordinate and confirm dates with the COR for shipment, delivery, and installation at the exhibit site.

8.5. Accessibility

Exhibits planned, designed, and fabricated for the National Park Service shall follow the latest published version of Attachment 1, Programmatic Accessibility Guidelines for National Park Service Interpretive Media. These Guidelines are a combination of best practices, NPS and Department of the Interior directives, and federal laws. Federal laws include the Architectural Barriers Act, Sections 504 and 508 of the Rehabilitation Act as amended, and the 21st Century Communications and Video Accessibility Act. The contractor shall be aware of and pursue principles of universal design throughout all phases of the design build process. Universally designed exhibits and environments can be accessed, understood, utilized and appreciated to the greatest extent possible by all users regardless of ability. Universal designs reflect not only accommodations to select groups but approaches that are broadly inclusive and integrated into a larger whole to the benefit of all users. Principles of Universal design are detailed in Appendix C of Attachment 1, Programmatic Accessibility Guidelines for National Park Service Interpretive Media.

Accessibility requirements for visitors with specific disabilities shall be addressed within the designed and built exhibits. If the site or criteria of the project do not address accessibility as defined in the attachments, pose challenges to accessibility, a full description of required corrective actions or remedies shall be provided to the COR of the accessibility solutions. See Attachment 1, Programmatic Accessibility Guidelines for National Park Service Interpretive Media for requirements addressed under specific disabilities.

8.5.1 Audiovisual Accessibility for Exhibits

Every audio, silent video, and audiovisual program in every exhibit is required to provide descriptive audio, hearing assistance, captions, and/or navigation buttons, as follows:

8.5.1.1 Audio-only Programs

Audio-only programs require hearing assist for the hard of hearing and captions for the deaf. The hearing assist requirement may be met using either sound wands with volume control and reset, or a FM transmitter and handheld receiver. Captions for the deaf are displayed on a monitor synched with the audio.

8.5.1.2 Silent Video Programs

Silent videos require descriptive audio for people who are blind or have low vision, and notification, via on-screen caption or label adjacent to the monitor, for the deaf or hard of hearing that the video is silent. Delivery of descriptive audio is provided in the exhibit through a headset jack, a sound wand, or via Wi-Fi streaming in conjunction with the Exhibit Audio Description Tour app. When descriptive audio is delivered via headset jack, a label with the raised AD symbol and headset icon is required.

8.5.1.3 Audiovisual Programs

Audiovisual programs in exhibits require descriptive audio for people who are blind or have low vision, hearing assist for the hard of hearing, and captions for the deaf. Any of the delivery methods for audio-only programs and silent video programs may be used to meet these requirements.

8.6. Design Parameters

The contractor shall plan and design exhibits for the historic Fire Station No. 6 in accordance with the project attachments, in close consultation with the COR and project subject matter experts, and the following:

8.6.1 Space Allocation

The contractor shall comprehensively evaluate the Fire Station’s floorplan and pursue space alternatives with the goals of improving visitor flow, improving the interpretive experience, and improving the spatial and functional relationship between the exhibits and the visitor service areas.

The planning and design under this contract cover approximately 1400 square feet of the Fire Station’s interior space. The design must be portable, freestanding, able to be relocated and/or broken down into components so that all or part of the exhibit could be utilized at different times and/or locations.

8.6.2 Themes

The contractor shall work with the park to refine the following themes described in Attachment 2: MALU Foundation Document and as below, into exhibit themes which shall inform the exhibit design:

1. Sweet Auburn Community

2. Dr. King’s Early Childhood

3. The King Family/Education

4. Ebenezer Baptist Church

5. Southern Christian Leadership Conference

6. Funeral Service

8.6.3 Use Rights

Intellectual Property (IP) costs must be approved by COR before committing to new IP rights that MALU does not already hold. The Contractor shall be familiar with The King Center and IP requirements and shall acquire all IP use rights and production quality copies of all third party images and other intellectual property required to produce the graphics layouts in the exhibit.

9. DESIGN/BUILD SERVICES

9.1. General

The contractor shall provide all technical, professional, non-personal services, including all labor, materials, equipment, supplies, facilities, travel, management, and supervision necessary to provide MALU with exhibit design/build services for the park historic Fire Station No. 6. Work includes: Planning, design, fabrication, and installation.

9.1.1. Design Considerations

In planning, designing, and fabricating exhibits for the park historic Fire Station No.6, the contractor shall take into account as essential design considerations the following:

· life safety;

· barrier-free design;

· accessibility/universal and programmatically accessible design;

· sustainability;

· energy conservation;

· security provisions,

· functionality, maintenance, durability, and other lifecycle requirements; and

· exhibit lighting which shall, be LED, address sustainability and maintenance, and meet the functional needs of visitors in the exhibits space.

9.1.2. Codes and Standards

All exhibits shall be designed in accordance with applicable codes, standards, design parameters or regulations noted in this or other sections of this contract, and in the location in which the exhibit shall be installed. In case of conflict between codes, standards, or regulations, the most stringent requirement shall apply.

9.1.3. Post-award Conference Call

Upon award, the contractor shall schedule, within 3 (three) days a project kick-off conference call to review contracting requirements and procedures with the project CO and COR.

9.2. Pre-Design

In Pre-design, the contractor shall gain a clear understanding of the project’s history, the park’s resources, and the roles of other project team members and stakeholders. Work in this phase focuses on preparing a solid foundation for all work that follows, ensuring that the project is logically structured, and its goals are understood and realistically attainable within the budget, schedule, and other specified parameters.

The contractor shall:

1. Review government furnished materials (all contract attachments).

2. The Project Manager, Exhibit Developer, and Exhibit Designer shall travel to MALU historic Fire Station No. 6, in Atlanta, GA, for exhibit planning workshop and shall complete the following work:

a. Orientation to park experience

b. Identify and document media and object resources at park

c. Orientation to and documentation of architectural space

d. Review MALU’s plan and discuss recommendations toward final design.

3. Review and finalize project outlines, including

a. Current overview of project, including updated information and understandings

b. Interpretive themes and objectives

c. Identification and analysis of all project goals in terms of their effect on the development and successful completion of the exhibit

d. Analysis of the project schedule, and all other known parameters on the development and successful completion of the project.

e. Approach and solutions to programmatic accessibility including barrier-free design, as well as physical, experience-based, and content-based accessibility that are specific to the needs of this project.

9.3. Fabrication

The contractor will provide all supplies, materials, and tools to produce the approved design. All necessary changes and modifications shall be discussed and approved with the COR immediately as to keep progress and fabrication timeline on schedule.

1. Provide Material Sample Boards.

2. Review of shop drawings.

3. Participation in production conference calls.

4. Exhibit Graphics and QR codes

9.4. Installation

Exhibit elements shall be delivered to the installation site in as complete a state as possible to minimize the amount of on-site work to be done. Work in this phase shall include installation of all exhibit elements on site, and installation of all audio description equipment. Work is organized into the following sub-phases: Primary Installation, Installation Punch List, and Audio Description Installation.

9.4.1. Primary Installation

Installation shall be scheduled in consultation with the COR.

The contractor shall perform the following work:

1. Crate and ship exhibit elements to the installation site.

2. Travel to MALU, Atlanta, Georgia with the installation crew.

3. Install exhibit elements in accordance with the design intent, the approved shop drawings, approved revisions and modifications made during Fabrication, and in consultation with the COR.

4. The contractor shall be responsible for exhibit lighting fixtures and accessories; for completing connections of exhibit lighting and exhibit electronic equipment to existing electrical junctions; for the installation of exhibit lighting on site; and for the final placement and aiming of both building and exhibit lighting fixtures after exhibit elements have been installed.

5. Clean worksite of all debris and dust.

6. Conduct a walk-through inspection of completed and installed exhibits and provide operational training to park staff.

7. Provide the park with a maintenance kit containing specialized keys, tools, and maintenance supplies required for access to, and upkeep of the exhibits as installed.

9.4.2. Installation Punch List

To the greatest extent possible, the contractor shall complete punch list items while on site for Primary Installation. If punch list items cannot be completed during the Primary Installation phase during which they are scheduled to be completed, an additional trip to the installation site shall be required.

1. Prepare and submit an installation punch list to the COR.

2. After each phase of installation, and prior to acceptance, if deficiencies or corrections are noticed in the exhibits, the contractor shall be required to return to MALU installation site and complete or correct punch list items at no cost to the government.

9.5. Closeout

Work in this phase shall include the preparation and organization of all final exhibit materials and documentation.

9.5.3. Samples

Provide all samples produced under this contract.

9.5.4. Government-furnished Property

Return any government-furnished property.

9.5.6. Warranty

The contractor shall guarantee the workmanship against defects in work and material that might appear under extremely high visitor use and variable weather and climate conditions for a minimum of one year. The warranty period shall commence with final acceptance of work. This shall include all labor and parts at no additional cost to the government.

If during this warranty period, defective workmanship, materials, or equipment are identified by the government, the contractor will be notified, in writing, as to liability and responsibility for corrective action at no cost to the government.

Action may include but is not limited to:

1. Placing all work into satisfactory condition.

2. Making good all damages to equipment, the site, the building, or contents thereof, that have resulted from such unsatisfactory work; and

3. Making good any work, materials, or equipment that are disturbed in fulfilling the guarantee including any work, materials, or equipment that may have been guaranteed under another contract.

Should the contractor fail to proceed with work in accordance with the guarantee within seven calendar days from the notice of corrective action(s), the government will have such work performed at the expense of the contractor.

In no event will the government be responsible for any extension or delays in the scheduled deliverables or periods of performance under this contract as a result of the contractor’s obligations to correct defects, nor shall there be any adjustment of the delivery schedule or period of performance as a result of the correction of defects unless provided by a supplemental agreement with adequate consideration.

If the government returns any work to the contractor for correction or replacement under this contract, the contractor shall be liable for transportation charges up to an amount equal to the cost of transportation by the usual commercial method of shipment from the place of delivery specified in the contract (irrespective of the F.O.B. point or the point of acceptance) to the contractor’s plant and return to the place of delivery specified in the contract. The contractor shall also bear the responsibility for the work while in transit.

The contractor shall be liable for the reasonable costs, including travel of personnel, and disassembly and reassembly of larger items when it is necessary to remove the work to be inspected and returned for correction or replacement.

10. PACKAGING AND DELIVERY:

10.1. Deliverables and Destination Point

All deliverables shall be shipped Free On Board (FOB) destination, within consignee’s premises, with all shipping and transportation costs prepaid, unless otherwise specified. Deliverables shall be shipped by either registered or certified mail to ensure that shipments can be traced, if lost.

10.2. Deliverables Shall Include the Following:

1. Meeting minutes from each project meeting or conference call (1 copy, electronically via email)

2. Material, Color, and Finish sample board (2 copies)

3. Revised Material, Color, and Finish sample board (2 copies)

4. Final Design (2 copies)

5. Completed Exhibits / Installation

6. Closeout (1 hard copy of each manual, 2 hard drives containing all final project native files and sources)

10.3. Deliverables Shall Be Sent To The Following:

COR Name & Contact (TBD at award) National Park Service Martin Luther King, Jr. National Historical Park 510 Auburn Ave. NE, Atlanta, GA. 30312

10.4. Payment Schedule

Contractor Invoices shall be submitted via IPP with the appropriate documentation required.

***The Contractor shall propose as part of their quote. All deliverables shall be reviewed and approved by the COR prior to payment.

TOTAL FIXED PRICE: $______________

11. ATTACHMENTS:

The following listed documents are attached and incorporated into this contract.

1. Attachment 1: Exhibit Planning, Design, and Fabrication Specifications, February 2019

2. Attachment 2: HFC Editorial Style Guide

3. Attachment 3: Exhibit Standards and Guidelines

4. Attachment 4: Architectural Barriers Act (ABA) Standards

5. Attachment 5: Programmatic Accessibility Guidelines for National Park Service Interpretive Media, DATE/VERSION

6. Attachment 6: National Park Service Standard Specifications for the Production and Installation of Electronic Programs, DATE/VERSION

12.0 PERIOD OF PERFORMANCE:

The government intends to award a contract with a period of performance from 04/07/2025 to 07/07/2025 with the following breakdown:

12.1. Primary Exhibit Installation

Primary Exhibit Installation shall be completed on or before TBD.

12.2. Punch List Corrections

Correction of all punch list items shall be completed on or before TBD.

12.3. Audio Description Installation

Installation of Audio Description shall be completed on or before TBD.

12.4. Review and Approval

Review and approval of the deliverables shall be completed within 3 calendar days except as noted below. The COR shall notify the contractor, in writing, of approval or rejection of the work

The full text of FAR provisions or clauses may be accessed electronically at http://acquisition.gov/comp/far/index.html.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024) [(DEVIATION FEB 2025)] The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

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

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

Forced or indentured child labor means all work or service— (1)Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or (2)Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

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

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

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

Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except— (1)PSC 5510, Lumber and Related Basic Wood Materials;

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

(3)PSG 88, Live Animals;

(4)PSG 89, Subsistence;

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

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

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

(8)PSC 9610, Ores;

(9)PSC 9620, Minerals, Natural and Synthetic; and (10)PSC 9630, Additive Metal Materials.

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

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

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

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate— (1)Are conducted under contract directly and exclusively with the regional government of southern Sudan;

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

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

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

(5)Consist of providing goods or services that are used only to promote health or education; or (6)Have been voluntarily suspended."Sensitive technology"— Sensitive technology— (1)Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically— (i)To restrict the free flow of unbiased information in Iran; or (ii)To disrupt, monitor, or otherwise restrict speech of the people of Iran; and (2)Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3)of the International Emergency Economic Powers Act ( 50 U.S.C. 1702(b)(3)).

Service-disabled veteran-owned small business (SDVOSB) concern means a small business concern— (1) (i)Not less than 51 percent of which is owned and controlled by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and (ii)The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran; or (2)A small business concern eligible under the SDVOSB Program in accordance with 13 CFR part 128 (see subpart 19.14).

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

Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB Program means an SDVOSB concern that— (1)Effective January 1, 2024, is designated in the System for Award Management (SAM) as certified by the Small Business Administration (SBA) in accordance with 13 CFR 128.300; or (2)Has represented that it is an SDVOSB concern in SAM and submitted a complete application for certification to SBA on or before December 31, 2023.

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

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

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

Small disadvantaged business concern, consistent with 13 CFR 124.1001, means a small business concern under the size standard applicable to the acquisition, that— (1)Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by— (i)One or more socially disadvantaged (as defined at13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and (ii)Each individual claiming economic disadvantage has a net worth not exceeding the threshold at 13 CFR 124.104(c)(2) after taking into account the applicable exclusions set forth at 13 CFR124.104(c)(2); and (2)The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

Subsidiary means an entity in which more than 50 percent of the entity is owned— (1)Directly by a parent corporation; or (2)Through another subsidiary of a parent corporation Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

Veteran-owned small business concern means a small business concern— (1)Not less than 51 percent of which is owned and controlled by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and (2)The management and daily business operations of which are controlled by one or more veterans.

Women-owned business concern means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women Women-owned small business concern means a small business concern— (1)That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least51 percent of the stock of which is owned by one or more women; and (2)Whose management and daily business operations are controlled by one or more women.

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

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

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

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

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

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.] (c)Offerors must complete the following representations when the resulting contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii). Check all that apply.

(1)Small business concern. The offeror represents as part of its offer that— (i)It □ is, □ is not a small business concern; or (ii)It □ is, □ is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h) and 13 CFR 125.8(a) and (b). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: ____________.] (2)Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it □ is, □ is not a veteran-owned small business concern.

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

(4)SDVOSB concern joint venture eligible under the SDVOSB Program. The offeror represents that it □ is, □ is not an SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR 128.402. [Complete only if the offeror represented itself as an SDVOSB concern in paragraph (c)(3) of this provision.] [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ____________.] (5)Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is, □ is not a small disadvantaged business concern as defined in 13 CFR 124.1001.

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

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

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

(10)Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:____________ (11)HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that– (i)It □ is, □ is not a HUBZone small business concern listed, on the date of this representation, as having been certified by SBA as a HUBZone small business concern in the Dynamic Small Business Search and SAM, and will attempt to maintain an employment rate of HUBZone residents of 35 percent of its employees during performance of a HUBZone contract (see 13 CFR 126.200(e)(1)); and (ii)It □ is, □ is not a HUBZone joint venture that complies with the requirements of 13 CFR 126.616(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ______.] Each HUBZone small business concern participating in the HUBZone joint venture shall provide representation of its HUBZone status.

(d)Representations required to implement provisions of Executive Order11246- (1)Previous contracts and compliance. The offeror represents that- (i)It □ has, □ has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and (ii)It □ has, □ has not filed all required compliance reports.

(2)Affirmative Action Compliance. The offeror represents that- (i)It □ has developed and has on file, □ has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or (ii)It □ has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e)Certification Regarding Payments to Influence Federal Transactions (31 http://uscode.house.gov/ U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f)Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American-Supplies, is included in this solicitation.)

(1) (i)The Offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product 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…