2 Combined Synopsis Attachment NFFS74002301369.pdf

NFFS74002301369SML

COMBINED SYNOPSIS/SOLICITATION

Auke Bay Laboratory Non-personal Vessel Charter Services

(I) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice and in accordance with the simplified acquisition procedures authorized in FAR Part 13. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

(II) This solicitation is issued as a request for quotation (RFQ). Submit written quotes on RFQ Number NFFS74002301369SML.

(III) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2023-02 (MAR 2023) (Deviation 2023-03) (DEC 2022).

(IV) This solicitation is being issued as a total Small Business Set-Aside. The associated NAICS code is 483114. The small business size standard is 500 employees.

(V) This combined solicitation/synopsis is for purchase of the following commercial services:

CLIN 0001 – Base Year Services, non-personal, to provide all labor, equipment and materials (unless otherwise provided herein) necessary for vessel charter services for the National Marine Fisheries Service (NMFS) Alaska Fisheries Science Center (AFSC) Auke Bay Laboratory in Juneau, AK, in accordance with the Statement of Work.

Period of Performance award through 1 year after award, with charter to occur between September 15th and 30th.

CLIN 1001 – Option Year 1 Services, non-personal, to provide all labor, equipment and materials (unless otherwise provided herein) necessary for vessel charter services for the National Marine Fisheries Service (NMFS) Alaska Fisheries Science Center (AFSC) Auke Bay Laboratory in Juneau, AK, in accordance with the Statement of Work.

Period of Performance 1 year after award through 2 years after award, with charter to occur between September 15th and 30th.

CLIN 2001 – Option Year 2 Services, non-personal, to provide all labor, equipment and materials (unless otherwise provided herein) necessary for vessel charter services for the National Marine Fisheries Service (NMFS) Alaska Fisheries Science Center (AFSC) Auke Bay Laboratory in Juneau, AK, in accordance with the Statement of Work.

Period of Performance 2 years after award through 3 years after award, with charter to occur between September 15th and 30th.

CLIN 3001 – Option Year 3 Services, non-personal, to provide all labor, equipment and materials (unless otherwise provided herein) necessary for vessel charter services for the National Marine Fisheries Service (NMFS) Alaska Fisheries Science Center (AFSC) Auke Bay Laboratory in Juneau, AK, in accordance with the Statement of Work.

Period of Performance 3 years after award through 4 years after award, with charter to occur between September 15th and 30th.

(VI) Description of requirements is as follows:

See attached Statement of Work which applies to Base Year and all Option Years 1 – 3.

QUOTE PRICING MAY BE PROVIDED ON ATTACHED SF18 FORM OR ON COMPANY

LETTERHEAD.

STATEMENT OF WORK

National Oceanic and Atmospheric Administration (NOAA)

National Marine Fisheries Service (NMFS) Alaska Fisheries Science Center (AFSC)

Auke Bay Laboratory

Prince William Sound Survey Charter Vessel

NFFS7400-23-01369

PURPOSE:

The NOAA/NMFS/AFSC Auke Bay Laboratory needs to charter a vessel to serve as a research platform to assess humpback whale populations and prey within Prince William Sound (PWS) and the adjacent waters.

Humpback whale predation has been identified as a significant source of mortality on wintering Pacific herring in Prince William Sound (EVOSTC project PJ090804). From 2007-2015, the distribution and abundance of whales and herring remained relatively constant. However, from 2017 and 2021 lower numbers of humpback whales and marine birds were observed along with a record low biomass of herring, and low numbers of other forage fish relative to previous years. Despite increased effort and excellent conditions while surveying, we failed to locate any concentrations of whales or prey. Our PWS observations were similar to what we have been seeing in northern Southeast Alaska, low whale numbers and few calves. Whales in both areas have switched to targeting scattered prey rather than the large, dense aggregations of krill and herring that we have seen in the past. It seems likely that the whales have moved to new feeding grounds or died.

TECHNICAL SPECIFICATIONS:

A vessel is required to locate, photograph, and biopsy humpback whales and sample prey from multiple locations within and in the waters adjacent to Prince William Sound (Fig. 1). Gillnets, plankton nets, and jigging will be the preferred methods of sampling. The vessel shall accommodate five scientists to sample herring catches for nutritional content and age structure. Work space for sample analysis and freezer capacity to temporarily preserve samples is required.

The contractor shall provide a vessel for transportation to survey sites, assist in locating schools of forage fish using sonar, sampling prey, and deploy and retrieve other sampling devices such as plankton nets and water quality data loggers. Additionally, the contractor shall provide food and berthing logistics to a scientific field party of five, and general support logistics for research operations.

All surveys shall depart from and return to Whittier, AK or Cordova, AK. Surveys shall take place between September 15th and 30th of each base or option period for a 10-day period. Exact dates shall be decided at pre-survey meetings to be held 2 months prior to the survey.

Three well balanced meals and snacks galley cleanup shall be provided by the contractor. Work generally shall be conducted during a 12-hour working day.

Vessel daily charter price to include all food, fuel, and typical expenses for crew and NOAA staff for the 10-day charter.

1) VESSEL REQUIREMENTS

a) Minimum overall length of 50 feet

b) Area outside suitable for photographing whales and a wheel house with good visibility.

c) An outboard powered inflatable or skiff for collecting biopsies.

d) Dry storage area of at least 15 cubic feet in the main house for holding scientific supplies is required.

e) A minimum of 5 cubic feet of freezer storage exclusive of space for ship's stores for stowing scientific samples is required.

f) Potable fresh water supply adequate for vessel and personal use for the crew and 5 scientists for trip duration is required.

g) Clean and sanitary overnight accommodations for crew and 5 scientists are required.

h) Work spaces, berthing, and galley spaces shall be adequately ventilated and free from tobacco smoke.

i) In an effort to reduce marine debris pollution, the Captain shall comply with waste management regulations as described in Section V of MARPOL. The vessel shall be required to have a storage facility, with or without a trash compactor to retain all refuse (except food and paper materials) or a means to incinerate this refuse so that it is not disposed of at sea.

j) Two sets of VHF radios are required.

k) Radar with a minimum range of 39 km (24 miles) is required.

l) Depth sounders: Color scope unit operating in the 38-50 kHz and 150-200 kHz range.

m) A system for switching to battery power for radio operation in the event of interruption of the normal power supply is required.

n) Certificate of documentation.

o) Certificate of inspection (vessel safety examination decal or USCG letter of inspection).

p) 100% of required lifesaving equipment.

q) A hydraulic block capable of retrieving CTDs and plankton nets.

2) CREW REQUIREMENTS

a) The minimum crew shall consist of a Captain and adequate crew for safe operations.

b) The Captain shall have a minimum of 5 years of experience as a captain in Prince William

Sound.

c) The Captain shall be competent in the use of modern navigation and fish detecting equipment.

d) The Captain shall have experience working in close proximity to humpback whales.

3) SCIENTIFIC PERSONNEL

a) The Government field party shall consist of 5 scientists.

b) One Government employee shall be responsible for compliance with the charter terms, and the conduct and performance of Government personnel aboard the vessel.

4) OPERATING PROCEDURES

a) The Contractor shall provide three (3) nutritionally balanced meals and snacks each charter day.

b) The Government employees and vessel Captain will work together to resolve all problems which occur regarding the charter. In the event the government employees and Captain are unable to resolve any problem which could threaten the safety of the field party, the Government employees will return to port where an acceptable solution will be arranged.

c) The Captain and crew shall exercise due caution and follow safety procedures to help prevent damage or loss of Government gear and equipment. Specific safety procedures may be presented in writing to the Captain by the Government employee. Repair or replacement costs may be deducted from charter payments if loss or damage to Government equipment is the result of negligent disregard of such instructions and procedures.

d) The Contractor shall provide for all operating expenses of the vessel exclusive of communications costs such as use of cellular phones costs to conduct official business which will be reimbursable.

5) SAFETY

a) The vessel Captain is responsible for all matters relating to safety of personnel, the vessel, and equipment operation. The Captain will adhere at all times to Navigational Rules and Rules of the Road whether it be while fishing, running, drifting, or when at anchor. He/she shall review safety procedures and equipment with the scientific party at the beginning of each cruise leg.

b) The Government shall provide U.S. Coast Guard-approved Arctic-type survival suits for all scientific personnel. The contractor shall provide survival suits for vessel crew. Adequate dry, top-side storage for all survival suits shall be provided.

c) The contractor shall provide a first-aid kit.

d) All personnel working or being transported in a skiff shall wear a Coast Guard-approved life jacket, float coat, or survival suit.

e) A Category I 406 MHZ EPIRB (Emergency Position Indicating Radio Beacon) must be affixed to the exterior of the vessel in a manner approved by the U.S. Coast Guard.

6) DESIRED BUT NOT ESSENTIAL SPECIFICATIONS

a) A crew-member with certified first aid or EMT (emergency medical technician) training.

b) A Stability Letter from the vessel's Stability Report, certified by a licensed naval architect/marine engineer, which describes the vessel's stability characteristics.

c) At least one crew member with formal survival and firefighting training equivalent to that offered by the North Pacific Fishing Vessel Owner’s Association is desirable.

PLACE OF PERFORMANCE:

All surveys shall depart from and return to Whittier, AK or Cordova, AK.

Auke Bay Laboratories Ted Stevens Marine R.I.

17109 Pt. Lena Loop Rd.

Juneau, AK 99801

PERIOD OF PERFORMANCE:

Base Year: Award to 1 year after award Option Year 1: 1 year after award to 2 years after award Option Year 2: 2 years after award to 3 years after award Option Year 3: 3 years after award to 4 years after award

GOVERNMENT POINTS OF CONTACT:

To be provided at time of award.

ADDITIONAL REQUIREMENTS:

COAST GUARD INSPECTION

Performance under this contract is dependent on the vessel(s) passing a U.S. Coast Guard safety examination. The Coast Guard inspection shall be performed no earlier than two weeks before the vessels’ scheduled departure and the Coast Guard certification must be obtained by the vessels no less than one week prior to scheduled departure. In the event that the contractor does not obtain the Coast Guard inspection, the Government may terminate the contract, and the contractor may be liable to the Government for excess re-procurement costs. Inspection is required before the commencement of each charter year, unless the Coast Guard has issued a letter of inspection that is valid for the time period of the charter. The contractor will arrange for the inspection, and any costs associated with bringing the vessels to passing standard shall be borne by the contractor. A copy of the Coast Guard certification shall be posted on each vessel.

CHARTER VESSEL SAFETY

The contractor shall adhere to the safety regulations as set forth in Coast Guard rules effective on September 15, 1991, and as provided for by the Commercial Fishing Industry Vessel Safety Act of 1988 (specifically, 46 CFR Part 28) or subsequent additions or revisions. These regulations require that specified vessels be equipped with a variety of safety features and equipment.

A Coast Guard inspection of the vessel based on an interagency agreement between National Marine Fisheries Service (NMFS) and the Coast Guard or 46 CFR Part 28 will be required prior to performance. In addition to the requirements of 46 CFR Part 28, the Coast Guard inspection will require conformance with standards for lifesaving and firefighting equipment in the Rules for Small Passenger Vessels, which exceed 46 CFR Part 28. Issuance of the notice to proceed by the Government is conditioned upon the successful completion of the mandatory Coast Guard inspection under Part I, Paragraph 17 of this contract. Failure of the Contractor to successfully complete the inspection requirements shall be grounds for termination of this contract. Conformance with present regulations for commercial fishing vessels requires that the master or an individual in charge of the vessel ensures that safety drills and instruction are conducted at least once a month (46 CFR 28.270).

Safety orientations must be given to each individual on board that has not received the instruction and has not participated in the drills before the vessel can continue to operate. The contractor shall conduct such safety orientations prior to sailing on each cruise leg. It is recommended that a full drill be completed early in each cruise leg even if less than a month has elapsed since the last drill due to the frequent wholesale exchange of scientific personnel at cruise breaks. Each vessel must also have all required emergency instructions posted (46 CFR 28.265).

MECHANICAL BREAKDOWNS OR NON-PERFORMANCE

The contractor is responsible for maintaining all contractor provided equipment and vessels in a safe operating condition during the contract performance. If a mechanical breakdown occurs of the vessel(s) or other contractor provided equipment that is greater than 12 hours cumulative within a 24-hour period that begins at 0700 and ends at 0659, the vessel(s) and all contractor provided equipment shall be considered off charter and make-up fishing days may be required.

The charter shall also be considered off charter if the Captain or Crew of the boat is unable to perform the duties as outlined in the Statement of Work in increments of time greater than 12 hours cumulative within a 24-hour period that begins at 0700 and ends at 0659. The contractor shall make every reasonable effort to resolve the problem causing the vessel(s), contractor provided equipment or Captain and Crew to be out of service and bring it back into service as quickly as possible to continue contract performance. Mechanical breakdown periods in excess of four (4) consecutive or four (4) cumulative days may be grounds for termination of the contract. In the event that the breakdown requires the vessel(s) to return to port for repairs, the vessel(s) will not be considered back on charter until the vessel(s) returns to active survey status as determined by the Contracting Officer in consultation with

COR.

WORKING CONDITIONS FOR GOVERNMENT PERSONNEL

The contractor shall provide safe, efficient working conditions and accommodations to the Government personnel free from violence, threats of violence, harassment (including sexual harassment), intimidation, and other disruptive behavior. The contractor, its agents, subcontractors, and employees, including the Captain and crew of the vessel shall not harass, assault, oppose, impede, intimidate, threaten, interfere with or make unwelcome advances toward any member of the Government field party. Violation under this clause may result in termination of the contract, at the discretion of the Government under the Default Clause, and in consequent liability of the contractor to the Government for any costs incurred, as well as debarment, suspension or similar action from future participation in government contracts.

PRESENCE OF FAMILY MEMBERS

Unless serving as crew, the spouses or children of crew members or owner(s) may not accompany the vessel during the term of the charter without obtaining written approval in advance from the vessel captain. Liability for any family members allowed on board during the charter is the sole responsibility of the contractor.

Figure 1. Location of study area.

(VII) Date(s) and place(s) of delivery and acceptance:

Period of performance shall be:

Base Year for a twelve month period award through 1 year after award, with charter to occur between September 15th and 30th.

Option Period 1 for a twelve month period 1 year after award through 2 years after award, with charter to occur between September 15th and 30th.

Option Period 2 for a twelve month period 2 years after award through 3 years after award, with charter to occur between September 15th and 30th.

Option Period 3 for a twelve month period 3 years after award through 4 years after award, with charter to occur between September 15th and 30th.

Place of Performance: All surveys shall depart from and return to Whittier, AK or Cordova, AK.

(VIII) FAR 52.212-1, INSTRUCTIONS TO OFFERORS – COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAR 2023), applies to this acquisition.

NOTICE TO OFFERORS: Instructions for submitting quotations under this request for quote must be followed. Failure to provide all information to aid in the evaluation may be considered non-responsive.

Offers that are non-responsive may be excluded from further evaluation and rejected without further notification to the offeror.

1. Submit PDF or Microsoft Word format quotations to the office specified in this solicitation at or before the time specified in the solicitation. Email quotes are required and can be sent to Stephanie.Long@noaa.gov.

2. Contractor shall have an active registration in the System for Award Management (SAM found at https://sam.gov/content/home) in order to provide a quote and be eligible for award. Must provide their UEID/CAGE CODE with their quote.

3. Provide all evaluation criteria in accordance with FAR 52.212-2 in this package. Vendors who do not provide all evaluation criteria will not be accepted.

4. Quote shall include at least two references for similar services including the phone number, full address, and e-mail address. References will be checked. The Government will use its discretion to determine the sources of past performance information used in the evaluation, and the information may be obtained from references provided by the Offeror, the agency’s knowledge of contractor performance, other government agencies or commercial entities, or past performance databases, and will be based on responsiveness, quality, and customer services.

(IX) FAR 52.212-2, EVALUATION- COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

(NOV 2021), applies to this acquisition. Offers will be evaluated based on price and the factors set forth in paragraph (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. Paragraph (a) is hereby completed as follows: Evaluation will be based on the following;

1. Technical Approach and Capability. The offeror's approach to performing contract requirements and its capability to successfully perform the contract will be evaluated. Provide a detailed description of the company’s experience performing similar services. The technical approach write-up must not be a reiteration of the Statement of Work but how your company plans on performing the tasks i.e. performance checklists, anticipated number of crew members, certifications, and acceptable equipment, etc.

2. Past Performance. The offeror's past performance on related contracts will be evaluated to determine, as appropriate, successful performance of contract requirements, quality and timeliness of delivery of goods and services, cost management, communications between contracting parties, proactive management and customer satisfaction. The Government will use its discretion to determine the sources of past performance information used in the https://sam.gov/content/home evaluation, and the information may be obtained from references provided by the Offeror, the agency’s knowledge of contractor performance, other government agencies or commercial entities, or past performance databases, and will be based on responsiveness, quality, and customer services. Quote shall include at least two references for similar services including the phone number, full address, and e-mail address.

3. Price The Government intends to award a low priced, technically acceptable, single firm fixed-price purchase order on an all or none basis with payment terms of Net 30.

(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.

(End of provision)

"THE GOVERNMENT DOES NOT ACCEPT RESPONSIBILITY FOR NON-RECEIPT OF QUOTES.

IT IS THE CONTRACTOR'S RESPONSIBILITY TO REQUEST AND RECEIVE A CONFIRMATION

OF THE QUOTE RECEIPT".

CAR 1352.215-72 INQUIRIES (APR 2010)

OFFERORS MUST SUBMIT ALL QUESTIONS CONCERNING THIS SOLICITATION IN WRITING

VIA EMAIL TO STEPHANIE.LONG@NOAA.GOV. QUESTIONS SHOULD BE RECEIVED NO

LATER THAN 12:00PM MST/MDT ON MARCH 24, 2023. Any responses to questions will be made in writing, without identification of the questioner, and will be included in an amendment to the solicitation.

Even if provided in other form, only the question responses included in the amendment to the solicitation will govern performance of the contract.

(End of clause)

(X) FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (DEC 2022) (DEVIATION 2023-03) (DEC 2022),

applies to this acquisition.

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 https://www.sam.gov/ https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.ecfr.gov/current/title-13/part-127 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.

https://www.ecfr.gov/current/title-13/section-127.300 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_204_25

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

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

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

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

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

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

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

Sensitive technology—

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

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

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

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

Service-disabled veteran-owned small business concern—

(1) Means a small business concern—

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

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

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

Small business concern—

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

http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101&num=0&edition=prelim https://www.ecfr.gov/current/title-13/part-121 https://www.ecfr.gov/current/title-13/part-121

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

SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

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

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

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

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $850,000 (DEVIATION 2023-03) after taking into account the applicable exclusions set forth at 13 CFR124.104(c)(2); and

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name.

The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

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

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

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

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

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

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

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

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

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, https://www.ecfr.gov/current/title-13/part-127 one or more women who are citizens of the United States, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.

(b)

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

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

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

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

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

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

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

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

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

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

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

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

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

https://www.ecfr.gov/current/title-13/section-127.300 http://www.sam.gov/ https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-4#FAR_4_1201 https://www.acquisition.gov/far/part-19#FAR_Part_19 https://www.acquisition.gov/far/part-19#FAR_19_000 https://www.ecfr.gov/current/title-13/section-121.103#p-121.103(h) https://www.ecfr.gov/current/title-13/section-121.103#p-121.103(h) https://www.ecfr.gov/current/title-13/section-125.8#p-125.8(a) https://www.ecfr.gov/current/title-13/section-125.8#p-125.8(b) https://www.ecfr.gov/current/title-13/section-125.18#p-125.18(b)(1) https://www.ecfr.gov/current/title-13/section-125.18#p-125.18(b)(1) https://www.ecfr.gov/current/title-13/section-125.18#p-125.18(b)(2)

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

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

(6) WOSB joint venture eligible under the WOSB Program. The offeror represents that it □ is, □ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c).

[ The offeror shall enter the name and unique entity identifier of each party to the joint venture: __.]

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

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

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

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

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

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

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

(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 https://www.ecfr.gov/current/title-13/section-127.506#p-127.506(a) https://www.ecfr.gov/current/title-13/section-127.506#p-127.506(c) https://www.ecfr.gov/current/title-13/section-127.506#p-127.506(a) https://www.ecfr.gov/current/title-13/section-127.506#p-127.506(c) https://www.ecfr.gov/current/title-13/section-126.200 https://www.ecfr.gov/current/title-13/section-126.616#p-126.616(a) https://www.ecfr.gov/current/title-13/section-126.616#p-126.616(a) https://www.ecfr.gov/current/title-13/section-126.616#p-126.616(c)

(ii) It □ has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 http://uscode.house.gov/ U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.)

By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants.

The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

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

(1)

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

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

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

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

(2) Foreign End Products:

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] http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_225_1

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

(g)

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

(i)

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

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

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

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

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] https://www.acquisition.gov/far/part-25#FAR_Part_25 https://www.acquisition.gov/far/part-52#FAR_52_225_3

(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 Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act":

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

Line Item No. 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."

https://www.acquisition.gov/far/part-25#FAR_25_105 https://www.acquisition.gov/far/part-25#FAR_Part_25 https://www.acquisition.gov/far/part-52#FAR_52_225_3 https://www.acquisition.gov/far/part-52#FAR_52_225_3 https://www.acquisition.gov/far/part-52#FAR_52_225_5

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

Other End Products:

Line Item No. Country of Origin

[List as necessary]

(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute.

The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.

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

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

(2) □ Have, □ have not, within…