Combined_Synopsis_Solicitation_R602Q0056_0001.pdf

COMBINED SYNOPSIS/SOLICITATION

Boysen & Pilot Butte Weed Control

Solicitation No. 140R6024Q0056

This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

Solicitation No.140R6024Q0056 is issued as a request for quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2024-03 Effective February 23, 2024. This is a total small business set aside under NAICS: 561730 – Landscaping Services, with an associated small business size standard of $9.5M.

The Bureau of Reclamation, Wyoming Area Office has a need to have broadleaf and woody weeds controlled at Boysen Dam and Pilot Butte Powerplant Operations Areas.

BACKGROUND

Reclamation contracts to control woody and broadleaf weeds on the Reclamation lands identified in this document. Treatment objectives are listed by location. Treatment shall be done during the dates specified. All “bare ground” or sterilization work shall be done between June 1st and June 30th; all broadleaf treatments shall be done between June 1st and June 30th. Note that if weather, such as high winds or snow on the ground restricts treatment during the designated time period, the contractor and Reclamation shall mutually agree on proposed alternative dates and/or treatments that will meet Reclamation objectives. Such requests must be submitted in writing and approved in advance.

The contractor is responsible for determining access to each of the sites. Some of the areas are not accessible by vehicle. It is recommended a site inspection precede prospective quotes because of varied and difficult conditions. Some sites are located behind locked gates.

The contractor must be licensed and certified by the State of Wyoming to commercially apply general-use and restricted-use herbicides and pesticides. The contractor is liable for the safety and health of its employees and for the responsible and correct application of herbicides. The contractor will follow the manufacturer’s safety guidelines and recommendation in the application and use of all chemicals. All spraying shall avoid all water surfaces.

The contractor will submit to Reclamation a Pesticide Use Report which shall contain the applicator’s name, weather conditions, name and quantity of chemicals used, EPA registration number, application rate, dates of treatments, the type of application equipment used and treatment locations (maps). This information is required prior to payment.

SCOPE OF WORK

The contractor shall furnish all labor, materials, herbicides, equipment and supervision necessary to satisfactorily control noxious and undesirable weeds throughout the locations identified in this Performance Work Statement (PWS) in accordance with Federal and State laws and regulations.

General location maps and application site maps are attached following the performance work statement.

The contractor shall be able to identify target invasive species in all stages of development and distinguish between invasive species and non-target native species.

Solicitation No. 140R6024Q0056

The contractor shall use herbicides based on the weed species, objectives, and other criteria specified below under the individual application sties. For any one site, more than one chemical may be used, depending on the on the variety of pest species and environmental conditions. Treatments shall be completed using rates indicated on the labels and appropriate for site conditions. All chemicals must be compliant with all State and Federal law and regulation requirements.

Appropriate surfactants shall be used to increase efficacy or when indicated on the label. A dye shall be added to all liquid herbicides and/or tank mixtures at a rate sufficient to assure that the applications are visible to the inspector. The contractor shall submit an applicator report to accompany invoices.

The timely and accurate performance of these services must be recognized as a vital and mandatory requirement of the purchase order.

CONTRACTOR’S ADMINSTRATION PERSONNEL

The contractor’s administration personnel shall have the authority to act for the contractor on all matters relating to daily operation of the resultant contract. The contractor’s representative shall be able to read, write, speak, and understand the English language.

EMPLOYEES

The contractor shall furnish qualified, experienced, drug-free, and safety-oriented personnel to perform the services under this contract. All employees must have current and valid training and licensing for application of herbicides in Wyoming.

SAFETY AND HEALTH REQUIREMENT

All requirements concerning personal safety contained in parts 2, 7, 8, and 11 of the “Reclamation Safety and Health Standards” shall be followed by the applicator. See website https://www.usbr.gov/safety/rshs/index.html for the Reclamation Safety and Health Standards.

The contractor shall develop and submit a comprehensive and site-specific safety plan to the Government for review within 10 calendar days after the post award conference. At a minimum, the contractor’s safety plan shall address the following:

• Statement of Contractor Safety and Health Responsibilities – Acceptance that the contractor shall be responsible for the safety and health of their employees.

• Plan of Compliance with Regulations, Standards, and Codes – The contractor’s commitment and methods to comply with safety regulations, standards, and codes.

• Plan of Compliance for use of Sub-Contractors – The contractor’s commitment and methods to ensure that sub-contractors are working safely.

• Plan of Procedure for Safety Inspection of Equipment – The contractor’s method of inspecting equipment to ensure that the equipment does not pose a hazard to employees.

Solicitation No. 140R6024Q0056

• Fire Prevention and Protection - The contractor’s commitment and methods to exercise fire prevention at all times. The contractor shall use and store all combustible material in a safe manner. The contractor shall report any fire hazards to the Government representative. In the event of a fire, the contractor shall call 911 to report the fire and notify the Government representative in charge.

SECURITY OR ACCESS REQUIREMENT

Some treatment locations are behind locked gates. Coordination with the QAE at least one week in advance will be required to access restricted areas. Government personnel at Boysen Powerplant work Monday-Thursday 0700-1730. Contractor is expected to perform work within the normal duty hours of the plant personnel.

PERIOD OF PERFORMANCE

The Government anticipates that the initial term of the contract shall take place from June 1, 2024, through May 31, 2025. Additionally, up to four (4) one-year option periods may be exercised.

Reclamation will exercise such option periods at the Government’s discretion. The term of the option periods will be from June 1, 2025, through November 30, 2029.

DOCUMENTATION AND RECORDS

The application records shall contain factual information and be submitted to Reclamation by December 31 of each year the contract is in force. All documentation, records, and schedules as described in this PWS that are the responsibility of the contractor, are the property of the Government. The contractor shall turn over such documentation to the Government upon completion or termination of the contract. All records are subject to the Freedom of Information and Privacy Acts. As such, the Government will handle any requests for release of any records related to the contract.

Global Positioning System (GPS) & Geographic Information Systems (GIS)

Contractor shall have experience utilizing GPS, including collecting points, lines and areas and correctly attributing them, utilizing correct datums and projections. The contractor shall furnish maps of all contractor activities including the treated areas. The GPS unit shall record the treatment locations with data accuracy of plus or minus not less than one (1) meters and survey shall be performed using the 1983 North American Datum (NAD83) with projection set to Universal Transverse Mercator, Zone 12 North (UTM12). Any maps provided to Reclamation shall include a legend, legal description, North arrow and a reference scale. The Contractor shall be knowledgeable in using GIS and creating shapefiles/KMLs with attribute tables that include date of application, treatment type and herbicides used, target weed species, examiner, and treatment area in acres. GIS maps shall be submitted at time of invoicing, for approval by the QAE.

GENERAL

The contractor shall be responsible for any damage to Government buildings or equipment occurring as a result of performance of the contract. The contractor shall understand that in the performance of the contract, the contractor is an independent contractor, and not an agent or employee of the United States.

Solicitation No. 140R6024Q0056

GOVERNMENT-FURNISHED PROPERTY AND MATERIALS

The government will provide no equipment or supplies for this contract. The contractor will be responsible for all equipment and supplies required to carry out the described work.

NOXIOUS AND NUISANCE WEED AND PEST CONTROL

The contractor shall perform the following tasks on the following described Reclamation land in Fremont County:

Boysen Dam Operations Area

1) Boysen Dam – Control all woody and noxious vegetation on the upstream and downstream faces of the dam and on a 25 ft. strip on both sides of the upstream and downstream abutments (See Exhibit B).

2) Inlet Structure Parking Area - Control all vegetation (See Exhibit B).

3) Penstock – Control all woody and noxious vegetation over the penstock from the base of the cliff to the thrust block (See Exhibit B).

4) Powerplant parking area – control all vegetation (See Exhibit B).

5) Septic tank and Leach Field – Control all woody vegetation within 25 feet of the leach field and tank (See Exhibit B).

6) Reclamation gauging station – Control broadleaf and noxious vegetation encroaching on the access to the gauging station (See Exhibit B).

7) Cable car terminal - Control broadleaf and noxious vegetation encroaching on the cable car terminal (See Exhibit B).

8) Reclamation storage buildings located near Boysen State Park Headquarters – Control all vegetation in a three-foot wide strip around the buildings and along the fence (See Exhibit C).

Pilot Butte Powerplant Operations Area

9) Powerplant area – Control all vegetation within three feet of Reclamation buildings and switchyard (See Exhibit D).

10) Penstock - Control all perennial broadleaf weeds and woody plants over the penstock from the gatehouse to the powerplant (See Exhibit D).

11) Fenced Area (20 ft. X 20 ft.) near Gatehouse – Control all vegetation (See Exhibit D).

12) Gatehouse located north of powerplant on the canal – Control all vegetation within three feet of the buildings (See Exhibit D).

Solicitation No. 140R6024Q0056

PERFORMANCE STANDARD

The contractor shall treat all areas to accomplish acceptable coverage. Acceptable coverage is defined as: application of pesticides that results in plant wilt or discoloration for 100% of noxious broadleaf species; and 100% die-off for woody species and weeds treated in bare ground areas. The contractor shall advise Reclamation of treated areas to allow for the timely inspection of treatment areas.

ACCEPTABLE QUALITY LEVEL

All work shall be subject to inspection, approval, and acceptance by the Government. The Government will make full payment after the performance of required services and Reclamation has accepted the services to be fully compliant. As it pertains to the required services, “fully compliant” shall be defined as no departure from the terms of the purchase order and no omission of essential work.

Bare ground areas treated following the EPA label shall remain free of vegetation for 6 months.

Broadleaf treatments and spot spraying of noxious weeds shall eliminate at least 80% of target populations.

GOVERNMENT REMEDIES

Areas that fail inspection will be required to be re-treated at no additional cost to the Government.

REQUIRED SUBMITTALS

Submittals from the contractor are required during the term of the contract to ensure quality and safe work under the contract. Required submittals are as follows:

RSN Submittals Required Due date or delivery time

No. of sets to be sent to:

CO COR

Acceptable certificate of liability insurance

Within 10 calendar days after award

1 0

List of chemicals to be used on the contract and their associated SDS

Within 10 days prior to application

0 1

Reporting Executive Compensation and First- Tier Subcontract Awards at http://www.fsrs.gov

By the end of the month following the month of award of a subcontract with a value of $25,000 or more.

0 1

4 Pesticide Application Records

Annually with invoice 0 1 http://www.fsrs.gov/

Solicitation No. 140R6024Q0056

REVIEWER ADDRESSES

Submittals shall be provided to the following addresses/individuals:

• Contracting Officer (CO): Travis Stephens at tjstephens@usbr.gov

• Contract Specialist: Melissa Parkison at mparkison@usbr.gov

• Contracting Officer’s Representative (COR): Regan Kirchner at rkirchner@usbr.gov

PRICING:

Pricing shall include all costs. A copy of this table will be attached to this announcement for administrative convenience.

Contract Period Start End Duration Cost

Base Period 06/01/2024 05/31/2025 12 months

Option Period 1 06/01/2025 05/31/2026 12 months

Option Period 2 06/01/2026 05/31/2027 12 months

Option Period 3 06/01/2027 05/31/2028 12 months

Option Period 4 06/01/2028 05/31/2029 12 months

52.217-8 extension 06/01/2029 11/30/2029 6 months

Base + All Options 06/01/2024 11/30/2029 66 months

EXHIBITS:

mailto:tjstephens@usbr.gov mailto:bkirschenheiter@usbr.gov

Esri, R10 CGB | Date Saved: 1/3/2024 | File Path: C:\GIS\Boysen and Pilot Butte Weed Control\Boysen and Pilot Butte Weed Control\Boysen and Pilot Butte Weed Control.aprx

Data Attribution: USBR and Esri Basemaps

EXHIBIT A

Fivemile Creek

Muddy Creek

Coal Draw

Wind River Reservation

F r emon t

Boysen State Park

T01N R002W

T01N R001W

T01N R001E

T02N R002W

T02N R001W

T02N R001E

T04N R002W

T03N R001W

T04N R001W

T01N R002E

T01N R003E

T01N R004E

T01N R005E

T01N R006E

T02N R002E

T02N R003E

T02N R004E

T03N R001E

T03N R002E

T04N R001E

T04N R002E

T03N R003E

T03N R004E

T04N R003E

T04N R004E

T02N R005E

T02N R006E

T03N R005E

T04N R005E

T03N R006E

T04N R006E

T05N R002W

T05N R001W

T06N R002W

T06N R001W

T05N R001E

T05N R002E

T05N R003E

T05N R004E

T06N R003E

T06N R004E

T06N R001E

T06N R002E

T05N R005E

T06N R005E

T05N R006E

T06N R006E

T03N R002W

T37N R093W

T36N R093W

T38N R093W

T39N R093W

T36N R094W

T36N R095W

T37N R094W

T38N R094W

T39N R094W

T40N R093W

T40N R094W

Pilot Butte Powerplant Operations Area

Boysen Dam Operations Area 0 5 102.5 Miles

±DISCLAIMER: This map and data are provided as-is and are intended for general reference only.

None of the parties involved in preparing this map or data contained here in warrant or represent information to be complete and accurate.

R10 CGB | Date Saved: 1/19/2024 | File Path: C:\GIS\Boysen and Pilot Butte Weed Control\Boysen and Pilot Butte Weed Control\Boysen and Pilot Butte Weed Control.aprx

Data Attribution: USBR and Esri Basemaps

Exhibit B

BOYSEN DAM AND OPERATIONS AREA

W ind

R iver

W in d R iv e r

17 16

T05N R006E

0 1,000 2,000500 US Feet

Treatment Area

Reclamation Land

Tribal Land

DISCLAIMER: This map and data are provided as-is and are intended for general reference only.

None of the parties involved in preparing this map or data contained here in warrant or represent information to be complete and accurate.

Boysen State Park

R10 CGB | Date Saved: 1/19/2024 | File Path: C:\GIS\Boysen and Pilot Butte Weed Control\Boysen and Pilot Butte Weed Control\Boysen and Pilot Butte Weed Control.aprx

Data Attribution: USBR and Esri Basemaps

Exhibit C

BOYSEN DAM STORAGE BUILDINGS

Br annon Rd

B u rl in g to n

N o rth e rn R a ilro a d

B oysen

Dr

B o y s e n S ta te

P a rk

B ra n n o n R d

T05N R006E

0 500 1,000250 US Feet

Fence

Reclamation Land

Tribal Land

DISCLAIMER: This map and data are provided as-is and are intended for general reference only.

None of the parties involved in preparing this map or data contained here in warrant or represent information to be complete and accurate.

Boysen State Park

R10 CGB | Date Saved: 1/19/2024 | File Path: C:\GIS\Boysen and Pilot Butte Weed Control\Boysen and Pilot Butte Weed Control\Boysen and Pilot Butte Weed Control.aprx

Data Attribution: USBR and Esri Basemaps

Exhibit D

PILOT BUTTE OPERATIONS AREA

Pilot Butte Rd

Pilot Butte Rd

Wyom ing Canal

Pilot Butte Rd

20 T03N R001E

0 500 1,000250 US Feet ±DISCLAIMER: This map and data are provided as-is and are intended for general reference only.

None of the parties involved in preparing this map or data contained here in warrant or represent information to be complete and accurate.

Reclamation Land

Morton

Pavillion

Pilot Drain

Kinnear

CLAUSES AND PROVISIONS:

The provision at 52.212-1, Instructions to Quoters-Commercial applies to this acquisition.

Addendum to 52.212-1 substitutes the term “quote” where the term “offer” appears in the provision.

52.212-2 Evaluation—Commercial Products and Commercial Services (Nov 2021)

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

• Lowest Price

• Technical ability

• Past performance

Award will be made to the contractor offering the best value to the Government considering price, technical ability, and past performance.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced.

Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

The following Provisions Apply to the Solicitation Process of this Procurement:

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):Federal Acquisition Regulation: https://www.acquisition.gov/far Department of the Interior Acquisition Regulation:

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

52.212-1 Instructions to Offerors–Commercial Products and Commercial Services (SEP2023) 52.204-7 System for Award Management (OCT 2018) 52.204-16 Commercial and Government Entity Code Reporting (AUG 2020) DIAR 1452.215-71 Use and Disclosure of Proposal Information – Department of the Interior (APR 1984) WBR 1452.215-80 Source Selection Evaluation Procedures – Bureau of Reclamation

(MAR 2021)

WBR 1452.215-85 Evaluation Factors for Award -- Lowest Price Technically Acceptable Source Selection Process – Bureau of Reclamation (MAR 2021)

The Following Provision must be Completed by and Signed by the Submitting Entity with their quotation package.

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

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

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

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

Nothing in the prohibition shall be construed to—

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

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

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

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

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

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

(d) Representation. The Offeror represents that—

(1) It [_] will, [_] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that— It [_] does, [_] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision.

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

(i) For covered equipment—

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

(B) A description of all covered telecommunications equipment offered

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

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

52.212-3 Offeror Representations and Certifications – Commercial Products and Commercial Services (FEB 2024)

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

Signed: Date:

(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.

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

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 least 51 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— It [_] is, [_] is not a small business concern;

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

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

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

(8) Women-owned business concern (other than small business concern).

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

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

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

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

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

(d) Representations required to implement provisions of Executive Order 11246—

(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 U.S.C.

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

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

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

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

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

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

(2) Foreign End Products:

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.

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

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

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

End Products:

Line Item No. Country of Origin

[List as necessary]

(iii) The Offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act." The Offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products.

For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select "no".

Other Foreign End Products:

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

| | [List as necessary]

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

Line Item No.

[List as necessary]

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

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

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

Israeli End

Products

Line

Item

No.

[List as necessary]

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

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

Free Trade Agreement Country End Products (Other than Bahraini, Korean, Moroccan, Omani, Panamanian, or Peruvian 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)(5)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled “Trade Agreements.”

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

Other End Products:

Line Item No. 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.