2 Combined Synopsis Attachment NWWR95522200032.pdf

NWWR9552-22-00032SML

COMBINED SYNOPSIS/SOLICITATION

Hastings, NE Weather Forecast Office Janitorial 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; proposals 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 NWWR9552-22-00032SML.

(III) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2021-07 (SEP 2021) (Deviation 2021-06) (SEP 2021).

(IV) This solicitation is being issued for 100% total small business set-aside. The associated NAICS code is 561720, and the size standard is $19.5 million.

(V) This combined synopsis/solicitation is for non-personal janitorial services at the Weather Forecast Office (WFO) located in Hastings, NE.

(VI) Description of requirements is as follows:

CLIN 0001 BASE YEAR QUANTITY: 12 MONTHS

SERVICES, NON-PERSONAL, CONTRACTOR TO FURNISH ALL LABOR, MATERIALS AND

EQUIPMENT NECESSARY FOR JANITORIAL SERVICE AT THE WEATHER FORECAST OFFICE

LOCATED IN HASTINGS, NE PER THE SPECIFICATIONS OF THE ATTACHED STATEMENT

OF WORK

CLIN 1001 OPTION YEAR 1 QUANTITY: 12 MONTHS

SERVICES, NON-PERSONAL, CONTRACTOR TO FURNISH ALL LABOR, MATERIALS AND

EQUIPMENT NECESSARY FOR JANITORIAL SERVICE AT THE WEATHER FORECAST OFFICE

LOCATED IN HASTINGS, NE PER THE SPECIFICATIONS OF THE ATTACHED STATEMENT

OF WORK

CLIN 2001 OPTION YEAR 2 QUANTITY: 12 MONTHS

SERVICES, NON-PERSONAL, CONTRACTOR TO FURNISH ALL LABOR, MATERIALS AND

EQUIPMENT NECESSARY FOR JANITORIAL SERVICE AT THE WEATHER FORECAST OFFICE

LOCATED IN HASTINGS, NE PER THE SPECIFICATIONS OF THE ATTACHED STATEMENT

OF WORK

CLIN 3001 OPTION YEAR 3 QUANTITY: 12 MONTHS

SERVICES, NON-PERSONAL, CONTRACTOR TO FURNISH ALL LABOR, MATERIALS AND

EQUIPMENT NECESSARY FOR JANITORIAL SERVICE AT THE WEATHER FORECAST OFFICE

LOCATED IN HASTINGS, NE PER THE SPECIFICATIONS OF THE ATTACHED STATEMENT

OF WORK

CLIN 4001 OPTION YEAR 4 QUANTITY: 12 MONTHS

SERVICES, NON-PERSONAL, CONTRACTOR TO FURNISH ALL LABOR, MATERIALS AND

EQUIPMENT NECESSARY FOR JANITORIAL SERVICE AT THE WEATHER FORECAST OFFICE

LOCATED IN HASTINGS, NE PER THE SPECIFICATIONS OF THE ATTACHED STATEMENT

OF WORK

STATEMENT OF WORK

Scope:

The contractor shall provide all personnel, tools and equipment, materials and supervision for the duties required to clean the Weather Forecast Office as described in this statement of work.

Description of Work:

The contractor shall:

(1) Be responsible for satisfactorily managing and performing programs for cleaning as specified herein.

2) Be responsible for furnishing all required equipment and tools which are of good commercial value and are acceptable to the Meteorologist-in-Charge (MIC). These items are to be properly stored in an area designated by the MIC.

Additional Requirements:

1. DAILY - THREE DAYS

A. Sweep or dust mop all uncarpeted floors (including hallways and foyers) using chemically treated absorbent dusting tools. All sweeping of uncarpeted floors, shall be done by the dustless method using either the laundered or the disposable types of treated cloths, as appropriate.

B. Vacuum all carpeted floors.

C. Vacuum or clean indoor and outdoor entrance mats.

D. Empty all wastebaskets and containers. Remove all refuse to proper outside containers.

Replace plastic liners when soiled or torn. In case of leakage, damp wipe receptacle clean.

E. Wet mop restroom floors with disinfectant solution. Clean and disinfect toilets and urinals.

F. Refill all dispensers and containers in restrooms and break room. Ensure a sufficient quantity of paper towels and toilet tissue is readily available in each of these rooms.

G. Clean and disinfect countertops and sinks in restrooms. Clean and disinfect countertop (including behind microwave), sink and table in breakroom.

2. WEEKLY

A. Wet mop all uncarpeted floors (except the access floor in the operations and equipment rooms) using a detergent solution. Remove all oil, tar, and stubborn dirt using an all purpose spray cleaner.

B. Wash glass entrance doors and windows, interior and exterior, with cleaning material that will not film or streak, or stain.

C. Disinfect all sinks and drinking fountain.

D. Clean restroom mirrors.

E. Dust horizontal surfaces throughout facility that are readily accessible and visibly require dusting. All dusting shall be done by the damp or treated cloth methods.

3. MONTHLY

A. Spot clean toilet enclosures.

B. Remove spots and stains from carpet as necessary.

C. Buff and spot polish high traffic areas to protect finish.

4. QUARTERLY (January, April, July, October) A. Dust Venetian blinds.

B. Clean countertop under microwave.

C. RESILIENT FLOOR (Electronic Shop)

After damp mop or light scrubbing, a dilute floor polish (7% to 8% solids) or spray-buffing compound is sprayed on the floor. Before the liquid can dry, it is buffed with a floor machine of 170 to 1100 rpm equipped with a buffing pad or brush. A thin, protective glossy film remains after buffing the liquid dry. This procedure allows the base coat of polish to be protected, reducing the need for stripping. Severe traffic areas may require extra coats of polish.

D. ACCESS FLOOR (Equipment and Operations Area) Damp mop complete floor, mop should be damp but NOT WET, to assure that no water seeps down through floor seams. To remove marks or stains, use all-purpose spray cleaner. Under no circumstances will WAX, OIL, or other coatings be applied to this floor as the anti-static properties of this floor will be lost.

E. Clean the return air grills in all areas to include the operations area and the equipment room.

5. SEMI-ANNUAL CLEANING (April, October)

A. Wash all exterior windows.

B. Vacuum/clean chairs.

C. Vacuum all accessible carpeted walls. (Ref. note 5)

6. ANNUAL (April)

A. CARPETED FLOORS

All carpeted areas shall be cleaned using carpet manufacturer’s suggested method.

Vacuum all areas thoroughly before doing the cleaning process. (Ref. Notes 2 and 3)

B. CERAMIC TILE FLOORS (Breakroom, Restrooms, and Entry Ways) (Ref. Note 4) All ceramic tile floors shall be cleaned using the following procedure:

1. Sweep or vacuum as required removing loose dust and dirt.

2. Remove foot marks and small spills and damp mop or sponge.

3. A cleaning solution shall be mixed according to the manufacturers directions. Use double bucket or two standard buckets, one containing fresh cleaning solution, the other to receive dirty cleaning solution removed from the floor.

4. Apply cleaning solution to the floor and agitate with a floor machine and scrubbing brush attachment or, a long handled scrubbing brush. Be especially careful to loosen all dirt in grout joints. Work small areas at a time to keep dirty cleaning solution from drying on floor.

5. Remove all dirty cleaning solution from floor with wet mop or autoscrubber.

6. Let floor dry before allowing traffic.

Terms of the SOW:

1. Vendor will bill on a monthly basis in arrears for the service provided.

2. The contractor, if remotely located, shall designate a representative local to the contract site, with contact numbers, for the MIC to communicate with about the quality or work, progress, and technical details of the project. Neither the local representative nor the MIC has the authority to modify the contract in any manner which might affect the cost thereof.

3. The contractor will be responsible for the scheduling and coordination of work on the site. In the event severe weather occurs within the warning area of the work site, all work being performed by the contractor may be halted by the local Meteorologist in Charge (MIC). Work stoppage due to severe weather in the warning area is not negotiable and all work will stop immediately.

4. Service shall begin upon award notification and will continue through December 31, 2026.

5. The contractor will not commence work until they have been provided with a “Notice to Proceed” from the NWS representative. The award and issuance of a purchase order is not a Notice to Proceed with this contract work. Prior to issuance of a Notice to Proceed the contractor shall submit for approval a project schedule showing the date when on-site work will begin, hours work will be performed, and date when work will be completed. Unless otherwise approved the contractor shall schedule all work Monday through Friday with eight (8) work hour days between the hours of 7:00 am and 5:00 pm. Longer work days and work on Saturday may be approved;

however, no work will be performed on Sundays or Federal Holidays. The MIC shall be notified when changes in the project schedule are requested along with the reason.

6. If any of the services do not conform to the contract requirements, the Government may require the contractor to perform the services again in conformity with the contract requirements, at no increase in contract amount. If the defects in services are not corrected by performance, the Government may (1) require the contractor to take necessary action to ensure that future performance conforms to contract requirements and (2) reduce the contract price to reflect the reduced value of the services performed.

7. If the contractor fails to expeditiously take the necessary action to ensure that performance will be in conformity with contract requirements, the Government may terminate the contract for default.

8. All work shall be done as required above except on holidays of which work shall be accomplished the following day or as agreed upon by the contractor and MIC.

9. The contractor is responsible for the clean-up and remediation of any chemical/ compound spills.

10. The Government reserves the right to inspect for quality control at any point during the construction process.

11. The Government assumes no responsibility for the division of work to be accomplished by subcontractors. The prime contractor shall be the solely responsible party to the Government for meeting the terms of the awarded contract.

12. Except as otherwise provided by law, the Government will not be responsible for the loss of or damage to the contractor's equipment, or death of or injury to the contractor's personnel, or for the death of, or injury to persons or for damages to property resulting from contractor's negligent performance under this contract. The contractor shall be responsible for all damages to persons or properties that occur as a result of his fault or negligence, or the fault or negligence of his employees or agents, while performing the requirements of this contract.

13. The MIC is not authorized to make any commitments or otherwise obligate the government or authorize any changes which affect the contract price, terms, or conditions. Any contractor request for changes shall be referred to the contracting officer directly or through the MIC. No such changes shall be made without the expressed prior authorization of the contracting officer.

The MIC may designate assistant MIC(s) to act for him by naming such assistant in writing and transmitting a copy of such designation through the contracting officer to the contract.

Safety and Environmental Requirements:

1. The Contractor and Sub-Contractors shall comply with all applicable Federal, State, and Local law and regulations pertaining to safety and environmental requirements.

2. The Contractor shall insert this clause, including this paragraph (2), with appropriate changes in the designation of the parties, in all subcontracts.

3. The Contractor shall provide and maintain work environments and procedures which will safeguard the public and Government personnel, property, materials, supplies, and equipment exposed to Contractor operations and activities.

4. The Contractor shall be prepared to provide to the Contracting Officer, or his designated official, Material Safety Data Sheets (MSDS) for all chemical products prior to them being brought on site. These products include, but not limited to solvents, cleaners, paints, pesticides, herbicides, and lubricants. The Contractor shall comply with the following;

a. All products shall be kept in original container with legible label. If the product is placed in smaller container for use, the smaller container shall be marked legible stating the product it contains.

b. There shall not be any chemical product mixed together unless intended by the chemical manufacture.

5. The contractor shall provide appropriate safety barricades to comply with all OSHA Safety and Health regulations.

6. Whenever the Contracting Officer becomes aware of any noncompliance with these requirements or any condition which poses a serious or imminent danger to the health or safety of the public or Government personnel, the Contracting Officer shall notify the Contractor orally, with written confirmation, and request immediate initiation of corrective action. This notice, when delivered to the Contractor or the Contractor’s representative at the work site, shall be deemed sufficient notice of the noncompliance and that corrective action is required. After receiving the notice, the Contractor shall immediately take corrective action. If the Contractor fails or refuses to promptly take corrective action, the Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. The Contractor shall not be entitled to any equitable adjustment of the contract price or extension of the performance schedule on any stop work order issued under this clause.

7. The Contractor shall dispose of all waste material/products off site in accordance of Federal, State, and Local law and regulations at Contractors expense. The Contractor shall remove all unused materials/products that was supplied or purchased by the Contractor or the Government in performance of this contract unless otherwise specified in writing by the Contracting Officer. If the Contracting Officer specifies material/product to be retained for the Government the Contracting Officer will note storage area.

8. The Contractor and all employees must be in compliance with all State and Local COVID19 guidelines. Masks must be worn in any of the NWS buildings while transmission rates are high.

Once transmission rates are lowered and the employee is vaccinated then a mask may not be required but formal notification will be provided by the GCP. Please notify the GCP and CO immediately if any of the Contractor’s employees or subcontractors have tested positive for COVID19 and provide a plan for continuing the work as specified in this Statement of Work.

Observance of Legal Holidays and Site Closure Information The Contractor hereby agrees to observe the following Federal holidays, plus any other day off work designated by Federal Statute, by Executive Order, or by Presidential proclamation:

New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Columbus Day President’s Day Veteran’s Day Memorial Day Thanksgiving Day Juneteenth Christmas Day Independence Day

When any holiday falls on a Saturday, the preceding Friday is observed. When any holiday falls on a Sunday, the following Monday is observed. All personnel assigned to this contract shall limit their observation of holidays to those set forth above.

In each instance, the Contractor agrees to continue to provide sufficient personnel to perform requirements of any critical tasks already in operation or scheduled, and shall be guided by the instructions issued by the Contracting Officer or the GCP. In the event of a site dismissal or closure due to weather, emergency or other circumstances, the contractor is instructed to contact the GCP or alternate for guidance.

Notes:

1. Light bulbs shall be furnished and installed by the National Weather Service (NWS).

2. Do not use hot water extraction or so-called "Steam Cleaning".

3. Do not use the Spin-Bonnet method.

4. No sealers or waxes shall be used on this floor.

5. This is not meant to include the modular furniture.

General Information:

1. Office is approximately 4,875 square feet.

2. Office floor space is approximately 41% carpet and 59% tiles.

3. There are 23 standard windows in the office.

4. There are an additional 30 individual windows at the front and rear entryways/foyers.

5. There are 23 employees at NWS Hastings.

(VII) THE PERIOD OF PERFORMANCE SHALL BE AS FOLLOWS:

Base Year: 01/01/2022 to 12/31/2022 Option Year 1: 01/01/2023 to 12/31/2023 Option Year 2: 01/01/2024 to 12/31/2024 Option Year 3: 01/01/2025 to 12/31/2025 Option Year 4: 01/01/2026 to 12/31/2026

Place of Performance:

National Weather Service Weather Forecast Office 6365 Osborne Drive West Hastings, NE 68901

(VIII) FAR 52.212-1 INSTRUCTIONS TO OFFERORS-COMMERCIAL ITEMS (SEP 2021), 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.

Enter specific instructions below

1. Submit quotations to the office specified in this solicitation at or before the time specified in this solicitation. Email quotes are preferred 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 www.SAM.gov in order to provide a quote and be eligible for award.

3. Provide all evaluation criteria in accordance with FAR 52.212-2 in this package.

“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 to stephanie.long@noaa.gov.

Questions should be received no later than 5:00pm EDT on November 12, 2021. Any responses to questions will be made in writing, without identification of the questioner, and will be included in an http://www.sam.gov/ 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)

Site Visit: All Bidders are strongly encouraged to make a site visit to inspect all proposed work and to acquire all necessary site information to properly prepare the Bid Proposal. Failure of the Contractor to visit the site and acquire all necessary site information to properly prepare the quote shall not be acceptable cause to justify a later request for additional costs after Contract Award. Any questions that come up at the site visit shall be provided to Stephanie Long via email at stephanie.long@noaa.gov. No questions will be answered on site.

FAR 52.237-1 SITE VISIT (APR 1984)

Vendors are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

If you wish to have a site visit, an escort is required. You will need to contact Philip Poyner at Philip.Poyner@noaa.gov or 402-462-2995 as a point of contact (POC) for the site visits and call or email prior to the visit. Make sure to get an acknowledgement.

NOTE: NOT ATTENDING THE SITE VISIT WILL NOT BE AN ACCEPTABLE CAUSE TO

JUSTIFY A LATER REQUEST FOR ADDITIONAL FUNDS.

IF GOING TO A GOVERNMENT SITE:

In accordance with recent Federal COVID-19 protocols, effective 08/26/2021 and going forward, all on-site contractor employees will be required to complete the non-Federal Employee and Visitor Certification Form attached and carry a copy with them when reporting to any Department of Commerce (DOC) worksite. Additionally, those who do not certify they are fully vaccinated, or who decline to provide vaccination status, must obtain a negative COVID-19 test in order to access a DOC operating location or facility, per attached Senior Procurement Executive Message. Contractors are required to attest to their CO/COR or TPOC, in writing, that all on-site contractor employees are following this guidance.

FACE COVERINGS

NOAA is committed to taking appropriate safety precautions to support the health and well-being of our employees and affiliates in response to the COVID-19 pandemic and will continue to assess all measures necessary to mitigate risks to the spread of the disease consistent with guidance from the Centers for Disease Control and Prevention (CDC).

To help slow the spread of COVID-19, CDC recommends the use of face coverings in public settings where other social distancing measures are difficult to maintain. NOAA personnel are strongly encouraged to follow CDC and State guidelines on the use of face coverings.

All individuals inside NOAA occupied workplaces are required to wear face coverings until further notice and are encouraged to maintain social distancing guidelines. Face coverings should cover the nose and mouth, but do not need to be medical-grade masks. Face coverings can be cloth masks, scarves, https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/diy-cloth-face-coverings.html and bandanas. Managers are responsible for determining social distancing practices in their individual offices.

(IX) FAR 52.212-2 EVALUATION-COMMERCIAL ITEMS (OCT 2014), 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. The following factors shall be used to evaluate offers. All factors have the same value.

Paragraph (a) is hereby completed as follows: Evaluation will be based on

1) Technical Capability and Approach

2) Past Performance – Quotes shall include at least two current relevant references to the Offeror’s performance to provide the service being solicited.

References shall include the company name and contact person’s name, phone number, and email. The Government will use its discretion to determine the sources of past performance information are 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. This will be a PASS/FAIL.

3) Price

The government intends to award a low priced, technically acceptable, 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)

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

ITEMS (FEB 2021) (DEVIATION 2020-11) (AUG 2020), 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. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

Forced or indentured child labor means all work or service—

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government.

If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

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

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

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan

Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

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

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

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

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

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

(6) Have been voluntarily suspended. “Sensitive technology”—

Sensitive technology—

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

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

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

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

U.S.C. 1702(b)(3)).

Service-disabled veteran-owned small business 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 veterans or, 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— https://www.acquisition.gov/far/52.204-25#FAR_52_204_25

(1) Means a concern, including its affiliates that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, 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 with13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that—

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation

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

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

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

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

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

Women-owned 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.

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.

(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 Items, 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 will be performed in the United

States or its outlying areas. 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.

(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 it

□ is, □ is not a service-disabled veteran-owned small business concern.

(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 CFR124.1002.

(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 concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that-

(i) It □ is, □ is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: __________.] Each WOSB concern eligible under the

WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that-

(i) It □ is, □ is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture:

__________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a womenowned 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, on the List of qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes inownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and

(ii) It □ is, □ is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Representations required to implement provisions of Executive Order11246- (1) Previous contracts and compliance.

The offeror represents that-

(i) It □ has, □ has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and

(ii) It □ has, □ has not filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that-

(i) It □ has developed and has on file, □ has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or

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

(e) Certification Regarding Payments to Influence Federal Transactions (31 http://uscode.house.gov/ U.S.C. 1352).

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

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

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

(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.

(iii) The terms "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

[List as necessary]

(3) 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) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States.

The terms “Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,” “commercially available off-the-shelf (COTS) item,” “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.

Other Foreign End Products:

Line Item No. Country of Origin

[List as necessary]

(iv) 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: (DEVIATION 2020-11)

(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. Country of Origin

[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: (DEVIATION 2020-11)

(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) 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]

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

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

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

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

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

(4) □ Have, □ have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.

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

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

(B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required.