1333MF25Q0033 - amendment 01.pdf

WOMEN-OWNED SMALL

BUSINESS (WOSB)

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NUMBER 3.AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NUMBER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Government Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REFERENCE

. YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NORTH AMERICAN

INDUSTRY CLASSIFICATION

STANDARD (NAICS):

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

THE DEFENSE PRIORITIES

AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FREE ON

BOARD (FOB) DESTINATION

UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4.

FAR 52.212-3 AND 52.212-5 ARE ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED.

8(A)

ECONOMICALLY

DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30.

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH

AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND

ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS

SPECIFIED

DATED.

OFFER

ADDENDA

ADDENDA

5. SOLICITATION NUMBER

1333MF25Q0033-01

See Schedule See Schedule

NMFS Field Delegates

601 EAST 12TH STREET SUITE 1746

KANSAS CITY MO 64106

06/27/2025 1600 ED HEATHER MAHLE

NMFS-FD 100.00

HEATHER MAHLE

488390

$47

06/09/2025

FK000002

DELIVER TO:

NOAA/NMFS/OFF HABITAT CONSERV

1315 EAST WEST HIGHWAY

14TH FLOOR

SILVER SPRING MD 20910 USA

Delivery: 05/30/2026

Continued...

STOCK RECORD (S/R)

STANDARD FORM 1449 (REV. 11/2021) BACK

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE RECEIVED (MM/DD/YYYY) 42d. TOTAL CONTAINERS

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. EMAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER

36. PAYMENT

COMPLETE PARTIAL FINAL

ACCEPTED,

NOTICE: THE GOVERNMENT DOES NOT ACCEPT

RESPONSIBILITY FOR NON-RECEIPT OF QUOTES. IT IS

THE CONTRACTOR’S RESPONSIBILITY TO REQUEST A

CONFIRMATION OF THE QUOTE RECEIPT.

UNIQUE ENTITY ID ______________________

CAGE CODE ____________

OFFEROR MAY SUBMIT THE QUOTE ON THIS RFQ FORM

OR THEIR OWN COMPANY FORM.

QUOTES WILL BE EVALUATED BASED ON (FAR 52.212-2

OR CAR 1352.213-70) IN ATTACHED CLAUSES &

PROVISIONS. VENDORS WHO DO NOT PROVIDE ALL

EVALUATION CRITERIA WILL NOT BE ACCEPTED.

THE OFFEROR MUST BE CURRENTLY REGISTERED IN THE

SYSTEM FOR AWARD MANAGEMENT (SAM) TO BE

ELIGIBLE FOR AN AWARD.

QUOTES RECEIVED FROM CONTRACTORS WHO ARE NOT

ACTIVE IN SAM WILL NOT BE CONSIDERED.

TOTAL SMALL BUSINESS SET-ASIDE, FIRM-FIXED

PRICE PURCHASE ORDER TO BE AWARDED TO TRADE OFF

QUOTE.

0001 Contracted vessel to be used in the CRP project

Continued...

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGES

NAME OF OFFEROR OR CONTRACTOR

SUPPLIES/SERVICES

(B)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

OPTIONAL FORM 336 (4-86)

Sponsored by GSA FAR (48 CFR) 53.110

ITEM NO.

(A)

QUANTITY

(C)

NSN 7540-01-152-8067

1333MF25Q0033

to conduct relative abundance surveys of federally managed reef fish in the Southeast

US. Vessel will primarily be used to deploy and retrieve stationary camera arrays, eDNA sampling and sidescan sonar mapping systems as outlined in the statement of need. The expectation is providing two options to charter the program can pick between, in either July/August 2025 OR April/May of 2026.

Only one survey window will be selected after award for total of 10 consecutive sea days.

If there are different pricing for each, please provide that in your response.

Product/Service Code: V119

1333MF25Q0033 BASE

Section III - Description/Specifications Section IX - Contract Clauses Section X - List of Attachments

Section III - Description/Specifications

SOW Statement of Work

STATEMENT OF WORK

National Oceanic and Atmospheric Administration (NOAA)

NOAA FISHERIES

SEFSC PEM GCRF Panama City Laboratory Vessel and crew for deployment and retrieval of video arrays, eDNA sampling and sidescan mapping (24 hr operations)

I. Background/Overview:

A cross-shelf trap and stereo camera survey of hard bottom habitat in the northeast Gulf of America is being conducted with a primary objective to generate indices of relative abundance of federally-managed reef fishes for stock assessments and to inform fishery managers. An additional primary objective is to map and characterize reef fish habitat in the NE Gulf region using side scan sonar to help guide and improve survey statistical design and determine species-habitat relationships within fishery-independent reef fish surveys.

II. Scope of Work The contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified) to provide charter operations for 10 consecutive sea days in the area between longitudes 87°20’ and 85°25’ and south to latitude 28°25’ (Section V11: Figure 1, Figure 2) to a maximum depth of 200 m. The vessel shall have the ability to perform 24 hour operations. The vessel will be used in performing deployment and retrieval of stationary video cameras and fish trapping equipment during daylight hours (6 am - 6 pm), in addition to performing sidescan mapping via towed vehicle behind the vessel during the night (6 pm - 6 am). The equipment required to perform the work will be provided by NOAA Fisheries except for vessel services. In addition, the vessel daily rate will include the services of the captain and a minimum of one crew member, fuel, and berthing accommodations equal to that of the crew for up to four NOAA fisheries biologists. The contractor is responsible for providing food and drink for the vessel's captain and crew. NOAA shall provide its participants with required meals and drinks.

III. Tasks

• Minimum Vessel requirements: Below are the minimum requirements necessary to be considered for the purchase order unless otherwise specified.

1. USCG inspected vessel with all equipment listed in the Code of Federal Regulations (46 CFR

§25) Must provide proof of USCG Certificate of inspection (and that it is current for the duration of the charter period).

2. Length (LOA) of at least 50 ft suitable for offshore work

3. Maintainable cruising speed between 2-5 knots

4. Minimum of 2 DSC VHF radios (Digital Selective Calling), single side band radio or satellite phone, EPIRB (Emergency Position Indication Radiobeacon), automatically deploying life raft, and all safety equipment required by the USCG

5. Ability to safely operate in at least 4’ seas up to 80 nm from shore

6. At least 150 sq ft of useable deck space

7. Ability to operate independently of land for at least 10 days

8. Hydraulic lifting system capable of controlled lifting of gear weighing up to 300 lb from depths up to 160 ft using ½” line at a minimum rate of 60’/minute

9. Hoisting mechanism with boom, davit, crane, or A-frame extending far enough away from the vessel such that gear (3’ radius, 3’ height) does not strike the vessel when lifting to and from the deck to the water’s surface

10. Air conditioned accommodations for 4 scientists at a time, isolated from bridge and work areas

11. Refrigerated storage capacity for food for NOAA scientists and crew for at least 10 days

12. 200 gal fresh water or freshwater maker

13. Head and freshwater shower with door

14. Air conditioned lab space for at least 4 computers, batteries, and camera gear

15. Air conditioned lab space for processing of eDNA filtration samples

16. Ability to attach sidescan sonar winch securely to deck

17. Full galley

18. Freezer space for bait storage

19. Capable of pinpoint gear deployment and retrieval (within 5m)

20. Depth sounder, radar, 2 GPS units, and 120VAC power

21. The vessel must be provisioned with appropriate first-aid and medical supplies including adequate supplies to provide basic medical support for animal bites, common injuries (including slips, trips, falls, sprains, strains) and illness (including seasickness, common cold, food borne illness, etc.) and at least one Automated External Defibrillator (AED) unit.

B. Crew Requirements and Experience:

1. The minimum crew shall consist of two Captains (due to 24 hour operations) and one crew member.

2. The Captain shall have a minimum of three (3) years’ of captaining offshore vessels.

3. The Captain and crew must have a working knowledge of fishing gear and experience accurately deploying and retrieving gear is essential.

4. The crew must have the capability of assisting in the deployment and retrieval of camera arrays, and sidescan sonar systems; including deployment and retrieval of lines.

Offerors shall indicate pertinent employment experience for each crew member within the past three

(3) years. Similar documentation will be submitted to the Contracting Officer for approval of all replacement personnel proposed for hire during the charter.

C. Scientific Personnel

1. The Government field party will consist of a maximum of four (4) scientists and may include both genders.

2. One Government employee will be designated Field Party Chief/Chief Scientist. That person will be responsible for implementation of the Cruise Plan, compliance with the charter terms, and the conduct and performance of Government personnel aboard the vessel.

D. Operating Procedures

1. The vessel will perform 24 hour operations, separated into two, roughly 12 hour shifts. Shift length and hours will be determined by the Field Party Chief (FPC) in consultation with the

Captain. The decision will be based on the type of activity expected as well as on prevailing weather conditions and the Cruise Plan.

a. Daylight operations (~6am - 6pm)

i. The camera station sampling shift will last about 12 hours beginning 1 hour after sunrise, and ending as late as 1 hour after sunset, depending on daylight, tides, and weather. The Field Party Chief has the final authority except in matters relating to safety of the vessel and all personnel on board. The workday for the vessel crew may occasionally exceed that of the scientific field party, since they will normally be required to run to the next survey area after completion of the sampling day, so that sampling can commence early in the morning. Scientific personnel will download, charge, maintain, and prepare all video equipment after the field day, for the next field day.

ii. Each sampling station during the camera station shift will consist of several deployments and retrievals. An average of 10-25 sampling stations will be completed each day. The range of total completed stations will be between 200 and 250, dependent on weather conditions and spacing of stations. Coordinates for the stations will be provided by the Field Party Chief to the Captain prior to the start of the shift. An overview of the area to be covered for camera deployments can be found in section VII, Figure 1. The deployment of a stationary camera array will occur with the assistance of the vessels Crew, while the Captain maintains station. The camera array soaks on the seafloor for a total of 30 minutes. After the 30 minute soak time is achieved, the Captain will return to the stationary camera array buoy, and the Crew will assist with the retrieval of the line. The array will be brought back on board, and the Scientific Crew will turn-off and charge necessary video equipment.

iii. Select stations will require benthic water samples to be taken in tandem with the deployment of the camera array (1-5 per day, typically). Upon retrieval of the camera array, the Crew will pause the retrieval of the camera array just below the surface for the team to secure the water sampling device (which is clipped into the top of the array). The scientific crew will process the water sample immediately following its retrieval on the back deck of the boat, in a designated clean space.

b. Nighttime operations (~6pm - 6am)

i. The sidescan sampling shift will last about 12 hours beginning after the completion of the video sampling shift, ending at sunrise, depending on daylight, tides, and weather. The Field Party Chief has the final authority except in matters relating to safety of the vessel and all personnel on board. The shift for the vessel crew may occasionally exceed that of the scientific field party, since they will normally be required to run to the next survey area after completion of the sampling day, so that sampling can commence early in the morning. Scientific personnel will maintain, and prepare all sidescan equipment after the shift, for the next shift.

ii. The nighttime sidescan shift will consist of several deployments and retrievals of the sidescan sonar system. An average of 3-5 sidescan grids will be completed each day (Section VII, Figure 2), depending on weather conditions and spacing of pre-selected grids. Coordinates for the grids will be provided by the Field Party Chief to the Captain prior to the start of the shift. An overview of the area to be covered can be found in section VII, Figure 2. Each sidescan grid consists of three, 4.1 nm by 0.1 nm transect lines (~4 km2 grid), which takes roughly 2-3 hours to scan in totality. Once a grid is completed, the sidescan sonar system will be brought back on board by the Scientific Team and Crew members, and the vessel will transit to the next selected sidescan grid.

2. The Field Party Chief and Captain shall meet a minimum of twice a shift to discuss survey operations and resolve any problems that occur. A meeting should occur at the start of the day before sampling operations begin to discuss the planned activities for the day and at the end of the day to review the work completed that day, any problems which occurred, and plans for the next day’s operations.

3. The Field Party Chief and Captain shall work together to resolve all problems which occur regarding the charter. In the event the Field Party Chief and Captain are unable to resolve any problem which could threaten the safety of the field party, the Field Party Chief will direct the vessel to return to port where an acceptable solution will be arranged between the Government and the Contractor or the charter may be terminated. The vessel will be off charter if required to return to port and will remain off charter until the problem has been resolved and the vessel has returned to the sampling area.

4. The Captain and crew shall exercise due caution and follow safety procedures as directed by the Field Party Chief to help prevent damage or loss of Government gear and equipment. Specific safety procedures may be presented in writing to the Captain by the Field Party Chief. 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.

5. Each sampling station will consist of several deployments and retrievals. An average of 10-25 sampling stations will be completed each day. Coordinates for the stations will be provided by the Field Party Chief to the Captain the night before. The deployment of a stationary camera array will occur first, with the assistance of the vessels Crew, while the Captain maintains station. The camera array soaks on the seafloor for a total of 30 minutes. Once 30 minutes have passed, the Captain will return to the stationary camera array buoy, and the Crew will assist with the retrieval of the line. The array will be brought back on board, and the Scientific Crew will turn-off and charge necessary video equipment. At some stations, traps will also be deployed after the camera array is brought on board. Traps will be baited and prepared for deployment by the Scientific Crew. The boat Crew will assist with the lines. The trap, once deployed with the line cleared from the vessel, will soak on the seafloor for a maximum of 1 hour. After the soak time is completed, the trap will be retrieved with the assistance of the vessel Crew. The Scientific Crew will be responsible for handling all fish brought on board from the traps.

6. Select stations will require benthic water samples to be taken immediately following the deployment of the camera array. Once the camera array is deployed and soaking, the water sampling device will be deployed on a line. Once the device reaches the seafloor, the device will be immediately retrieved and brought back onboard the vessel. The vessel must maintain station during deployment and retrieval of the water sampling device.

7. All teleosts, elasmobranchs, and invertebrates taken in the traps remain the property of the Government. The Field Party Chief is responsible for their disposition. Present NOAA policy specifically prohibits retaining any portion of the catch for commercial purposes unless specifically authorized by the contract or retaining specimens from survey catches for personal use and consumption. Reference Contract Clauses entitled - Incidental Catch Disposal, and - Recreational Fishing.

8. The Contractor shall provide for all operating expenses of this charter. All potential costs to be incurred should be included in unit prices in the schedule.

E. Safety

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

CHARTER VESSEL SAFETY.

2) The Contractor shall adhere to the safety requirements set forth in 46 CFR Part 28.

3) All personnel working or being transported in a skiff shall WEAR a Coast Guard-approved life jacket or survival suit.

4) 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.

5) Periodic safety drills shall be conducted during the survey. At least one drill shall be held each week.

IV. Period of Performance The base work shall be completed from the date of Award - May 30th, 2026 dependent upon weather conditions. Preferably, all work will be completed in consecutive days from start to finish. The expectation is providing two options to charter in either July/August 2025 OR April/May of 2026.

V. Place of Performance In the area between longitudes 87°20’ and 85°25’ and south to latitude 28°25’, to a maximum depth of 200 m.

See Attachment A for Place of Performance Figures and details.

VI. Deliverable Schedule All deliverables shall be submitted to the Project Lead, unless otherwise noted in the SOW or contract.

Deliverable Schedule

Deliverable Description Quantity/Media Completion Due Date

10 sea days with two days for mob & demob total within the place of performance between the Award and May 30, 2026.

Vessel Services at Sea

The expectation is providing two options to charter in either July/August 2025 OR April/May of 2026.

VII. Government-Furnished Resources The following items may be provided and utilized by the Government during performance of the contract:

1. All scientific sampling equipment and supplies, includes but not limited to fishing traps, video camera arrays, CTD, sidescan sonar equipment

2. Camera video array, all necessary video equipment, lines, buoys, and spare parts.

3. Bait for the trap

4. Fish measurement tools that include scales and measuring boards.

5. Fish biological work-up equipment and supplies, including but not limited to: knives, scalpels, vials, envelopes, tweezers, bags, otolith trays, etc.

6. PFDs and foul weather gear for all scientists.

7. Cooler to keep bait on deck

8. Fishing baskets to assist with sorting of fish

9. Computers, chargers, and cables and other equipment and supplies used to prepare, download, and back-up electronics and videos each day.

Any/all Government equipment provided for use during the survey shall be for use in the performance of this contract only. Upon completion of the contract, all equipment required/used/provided shall be returned to the Government.

VIII. Travel, and Training

a. Training: Contractors are required to complete all NOAA mandated training such as Sexual Assualt and

Sexual Harassment (SASH) training. (See Clause 1330-52.222-71)

b. Travel: Contractor Travel is not expected or authorized for this purchase order.

The following additional aspects are / are not anticipated during the performance of this order:

Domestic / U.S. Travel • Anticipated • Not Anticipated

Foreign / Overseas Travel • Anticipated • Not Anticipated Other: {Provide description below} • Anticipated • Not Anticipated Description of anticipated special and / or additional requirements not already described above:

N/A

IX. Special Requirements

a. Confidentiality and Data Privacy

This contract may require that services contractors have access to Privacy Information. Services contractors are responsible for maintaining confidentiality of all subjects and materials and may be required to sign and adhere to a Non-disclosure Agreement (NDA).

b. Intellectual Property Rights All deliverables are the property of the U.S. Government. All documents, analyses, files (digital or other), reports, notes and photos are to be used only by Contractor personnel assigned to this purchase order.

Documents, files and other data are to be stored exclusively on Government owned equipment and at no point should be saved or archived on personal drives or devices. Copies are not to be disseminated to anyone outside of the NMFS or to any other contractor personnel without explicit release from the Government.

c. IT Security The contractor will not require access to Federal Buildings, DOC Systems and includes an IT component.

Section IX - Contract Clauses

52.212-3 deviation 2025-02/03 Offeror Representations and Certifications - Commercial Products and Commercial Services

Per Deviation 2025-02/03: System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in agency solicitations, including 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals—Representation, and paragraph (t) of 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services. Examples include 52.222-25, Affirmative Action Compliance, and paragraph (d) of 52.212-3, Offeror Representations and Certifications— Commercial Products and Commercial Services. Contracting officers will not consider these representations when making award decisions or enforce requirements. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.

52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services (May 2024) (Deviation 2025-02) (Feb 2025) (Deviation 2025-03) (Feb 2025)

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

(a) Definitions. As used in this provision—

Covered telecommunications equipment or services has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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

Forced or indentured child labor means all work or service—

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

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

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

Immediate owner means an entity, other than the offeror, that has direct control of the offeror.

Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174).

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

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

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

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

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

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

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

Sensitive technology—

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

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

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

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

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

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

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

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

(3) Service-disabled veteran, as used in this definition, means a veteran as defined in 38 U.S.C. 101(2), with a disability that is service connected, as defined in 38 U.S.C. 101(16), and who is registered in the

Beneficiary Identification and Records Locator Subsystem, or successor system that is maintained by the Department of Veterans Affairs’ Veterans Benefits Administration, as a service-disabled veteran.

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

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

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

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

Small business concern—

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

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

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

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

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

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

and

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Note to paragraphs (c)(9) and (10): Complete paragraphs (c)(9) and (10) only if this solicitation is expected to exceed the simplified acquisition threshold.

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

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

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

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

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

(d) [Reserved].

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

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

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

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

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

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

(2) Foreign End Products:

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

[List as necessary]

(3) Domestic end products containing a critical component:

Line Item No. ___

[List as necessary]

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

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

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

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

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

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

Line Item No. Country of Origin

[List as necessary]

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

Other Foreign End Products:

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

[List as necessary]

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

Line Item No. ___

[List as necessary]

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

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

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

Israeli End Products:

Line Item No.

[List as necessary]

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

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

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

Korean End Products or Israeli End Products:

Line Item No. Country of Origin

[List as necessary]

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

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

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

Other End Products:

Line Item No. Country of Origin

[List as necessary]

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

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

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

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

(2) ¿ Have, ¿ have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a…