4.02a - Combined Synopsis Solicitation.pdf

This is a COMBINED SYNOPSIS/SOLICITATION for commercial items, prepared in accordance with the information in FAR Subpart 12.6, Streamlined Procedures for Evaluation and Solicitation of Commercial Items and FAR Part 13, Simplified Acquisition Procedures as supplemented with the additional information included in this notice. This announcement constitutes the only solicitation; a written solicitation will not be issued. PAPER COPIES OF THIS SOLICITATION WILL NOT BE AVAILABLE. This combined synopsis/solicitation SHALL be posted on SAM.gov SAM.gov.

The reference number is N0018924Q0331. This solicitation documents and incorporates provisions and clauses in effect through FAC 2023-2 and DFARS Publication Notice 20230525. It is the responsibility of the contractor to be familiar with the applicable clauses and provisions. The clauses may be accessed in full text at these addresses:

https://www.acquisition.gov/browse/index/far http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html

The NAICS code is 337212 (Custom Architectural Woodwork and Millwork Manufacturing) and the Small Business Standard is 500 employees. The proposed contract is for the design, fabrication, and installation of a museum audiovisual viewing area for the Naval History and Heritage Museum for which the Government intends to solicit and award a Firm-Fixed-Price (FFP) contract to quoter that is most advantageous to the Government. See attached supporting documents for more information.

Statement of Work

“I Am An American Sailor” Audiovisual Viewing Area

Design Development, Fabrication, and Installation

1.0 INTRODUCTION AND BACKGROUND

The National Museum of the American Sailor, Great Lakes, IL is issuing this requirement for the design development and subsequent fabrication and installation of an audiovisual viewing area at the National Museum of the American Sailor, Great Lakes IL.

2.0 BACKGROUND

The National Museum of the American Sailor (NMAS) is operated by the Department of the Navy and reports to the Naval History and Heritage Command in Washington, D.C. The museum is currently upgrading its “Civilian to Sailor” exhibit to provide visitors with an introductory audiovisual presentation and artifact display area that is viewed in a designated viewing area before entering the Age of Sail exhibit. This project is scheduled to be complete by 31 May 2025.

3.0 SCOPE OF WORK

General. This scope of work calls for the creative design, fabrication, graphics, delivery, and install of the museum audiovisual viewing area. This viewing area will be installed in a 270 sq.

foot space in the museum. In addition to featuring the projected preexisting audiovisual presentation, the area will also incorporate an artifact display area and a small sitting area to view the multimedia presentation. The museum will furnish a complete copy of the multimedia presentation.

Except as delineated elsewhere in this scope of work, the contractor shall provide all management, labor, materials and plans to meet the objectives below. The work included does not involve permanent building construction or permanent changes to Building 42, the facility for the National Museum of the American Sailor.

Development, Design, and Media Design Deliverables:

This interactive will be based on an existing audiovisual presentation, preliminary floorplan, and exhibit parameters as supplied by the museum. These parameters include the use of a preexisting Vivitek DH765ZUST 4000 lumen ultra short throw multimedia projector and a Dalite Professional Electrol 150" 16:9 matte white projection screen. Development and design work includes assisting the content team with the finalization of the preexisting audiovisual presentation, creation of the final elevations and scaled plan floorplan, and design and finalization of graphic and content packages and any mechanical components. This deliverable includes coordination with the museum’s content team for graphic design components of any exhibit wall graphics. The vendor will confirm the viewing area design and specify finish colors to align with the Media and Graphics portion of the audiovisual presentation.

The design and fabrication of this exhibit experience must be a 100% match to the museum’s preexisting exhibits. These include the custom designed “Welcome Aboard” and “Civilian to Sailor” experiences, the former of which includes a fabricated welcome area that resembles a Navy ship. Design aspects also include wood Age of Sail vessels as well. The NMAS “Civilian to Sailor” exhibit gallery requires seamless design and fabrication to create an identical visual experience with these areas. The multimedia media viewing area must have identical colors, product finishes, product materials, identical construction techniques, and identical handcrafted design details that are a 100% match to the other exhibits. Differentiation of design is not allowed in order to maintain continuity. As the other two exhibits are also designed to be portable, exhibit components from this contract must be able to be integrated into the hardware of the previous exhibits as well in preparation for any relocation. All casework in this experience must include museum-quality UV filtered acrylic and must meet American Alliance of Museums (AAM) standards for artifact preservation.

The vendor will provide development design documents, including a development schedule, proposed finishes and materials for the viewing area, and the periodic presentation of refined graphic concepts and graphics specifications. Final documentation and specifications package includes final scaled plan and elevations. Implementation of all approved design into final fabrication and production documents will be in AutoCad format, coordinated and keyed with the exhibit graphics and content package for the display. The graphics and content package will include typography, graphics, photograph, colors, and finishes. Final graphic layouts and camera-ready artwork are included in this graphics specification package.

Onsite kickoff meeting, planning workshop, progress meetings at the 65% and 95% mark, and final walkthrough meeting are required. Additional meetings will be scheduled as needed. All Museum comments will be integrated into the design package.

The design must be inclusive of applicable life safety, building code, and ADA requirements.

Fabrication and Installation Deliverables:

After finalization of the design and graphic components, the vendor will furnish all labor and material necessary to fabricate and install the viewing area in accordance with the drawings and plans package. Installation will occur at the National Museum of the American Sailor.

Materials for this viewing area must be new and of brand names and grades where specified herein and in the drawings. Metal work, laminates, fabric, acrylic, adhesives, and sealants will be as specified by NMAS and must have identical product finishes, product materials, identical construction techniques, and identical handcrafted design details that are a 100% match to the museum’s other exhibits. Differentiation of design is not allowed in order to maintain continuity.

Support includes materials and labor which may not appear on the drawings but which are necessary to insure soundness to structures, access and full operation.

Onsite installation and delivery by the vendor is included in this SOW.

4.0 PERIOD OF PERFORMANCE

The contractor should start work as soon as the contract is awarded. The museum requires installation of this interactive exhibit display not later than 31 March 2025.

5.0 PERSONNEL QUALIFICATIONS

Experience: Contractor shall possess the expertise and knowledge for the design, fabrication, and installation of museum interactive exhibit components. The contract shall maintain a qualified workforce to cover scheduled tasks, to include current and valid certifications as assigned. The successful vendor should have a minimum of 10 (ten) years of experience with designing, fabricating, and installing museum exhibit components at museums accredited by the American Alliance of Museums.

6.0 PROCUREMENT

The contractor shall purchase all specific materials and equipment needed to accomplish this task.

7.0 MEETINGS/CONFERENCES

The contractor will attend all planning, design, and fabrication meetings onsite at the museum with the Government and provide any expert advice or progress of work. During the contract, NMAS will have onsite access during normal working hours to the contractor’s fabrication studios to inspect the progress of work being performed at the fabrication point. Workmanship or materials not in accordance with the requirements of these specifications will be replaced with new satisfactory materials at no cost.

7.0 GUARANTEE

The contractor shall guarantee all work to be in accordance with the stated requirements and to be free from defective materials, equipment or workmanship. If during this guarantee period defective workmanship, materials and/or equipment are identified, the contractor will be notified in writing as to the liability and responsibility for corrective action at no cost to NMAS.

8.0 PAYMENT

The Contractor will be paid upon completion and acceptance by the Government. The Contractor shall invoice for payment using the Wide Area Work Flow (WAWF).

9.0 ADVANCE NOTICE

The Contractor will provide 2 (two) weeks advance notice if the contractor cannot meet the period of performance requirements and or other contract requirements.

10.0 TECHNICAL POINT OF CONTACT FOR INSPECTION AND ACCEPTANCE

The person responsible for performing inspection and acceptance of the contractor’s performance at the National Museum of the American Sailor:

Name: Jennifer Searcy Title: Museum Director Tel: 847-688-3154 Email: jennifer.searcy.civ@us.navy.mil

8.0 DELIVERY INSTRUCTIONS

National Museum of the American Sailor Building 42 2531 Sheridan Road Great Lakes, IL 60088

Inside delivery is required for this contract. The National Museum of the American Sailor is located in a historic facility. Due to the historical nature of the facility there is no loading dock at the museum. The display components will need to be offloaded into a parking lot adjacent to the museum. Each component will need to be individually transported from the parking lot into the museum facility by the shipper. The vendor will be responsible for the installation of the display according to drawings and installation direction provided by the vendor. Shipping and inside delivery must be included in contract estimate.

Questions regarding this solicitation shall be submitted to Jordan Walton at jordan.l.walton.civ@us.navy.mil no later than 3:00pm ET July 1st, 2024. Quotes shall be submitted to Jordan Walton at jordan.l.walton.civ@us.navy.mil no later than 10:00am ET July 5th, 2024. Quote submissions received after the stated submission deadline may not be considered for award. All responsible small business sources may submit a quote, which shall be considered by the agency. A determination has been made by the Government to compete this proposed effort as a total small business set aside, based upon responses to this notice, this determination is solely within the discretion of the Government. Oral communications are not acceptable in response to this notice. Procedures in FAR Subpart 12.6, Streamlined Procedures for Evaluation and Solicitation of Commercial Items and FAR Part 13 Simplified Acquisition Procedures are applicable to this procurement. While price will be a significant factor in the evaluation of offers, the final contract award will be based on a combination of factors- price and, if necessary, past performance.

System for Award Management (SAM). Quoters must be registered in the SAM database to be considered for award. Registration is free and can be completed on-line at http://www.sam.gov/.

All quotes shall include price(s) showing any and all materials and labor, FOB destination, a point of contact, name and phone number, business size, and payment terms. The quote shall explicitly confirm that the quoter can meet all of the Technical Requirements and provide all of the Deliverables for the period of performance specified above. Each response must clearly indicate the capability of the quoter to meet all specifications and requirements.

ADDENDUMS:

ADDENDUM TO 52.212-1, INSTRUCTIONS TO OFFERORS

In addition to FAR 52.212-1, “Instructions to Offerors – Commercial Items” and any other instructions contained elsewhere in this solicitation, the following instructions are provided. The Government intends to award a Firm Fixed Price (FFP) contract as a result of this solicitation in accordance with FAR Subpart 12.6, Streamlined Procedures for Evaluation and Solicitation of Commercial Items and FAR Part 13, Simplified Acquisition Procedures. Award will be made to the quoter whose quote is most advantageous to the Government under the selection criteria set forth in this solicitation. The Government intends to evaluate quotes and award a contract based on initial quotes. Therefore, the quoter’s initial quote should contain the quoter’s best terms from a Non-Price and Price standpoint.

INSTRUCTIONS FOR SUBMISSIONS OF QUOTES:

(1) Quote shall be submitted electronically no later than the due date of the solicitation Quote shall include the following legend on each page:

Source Selection Information FAR 2.101 and FAR 3.104

QUOTE CONTENT:

The Quote should contain the following items in addition to other information required by this solicitation. The cover page should indicate the following:

Solicitation Number Name and Address of Quoter, and Cage Code Point of Contact name, telephone number, and email address Quote valid of 120 days following the solicitation closing date

Price

No partial bids or additional items will be accepted. Failure to quote all CLINs or add additional items will result in ineligibility for award. In order to assist in the contracting officer’s price analysis, additional price information may be required and may consist of copies of applicable published price lists with effective dates, catalog pages of products, evidence of discounts off the published price lists, historical price/sales information supported by copies of paid invoices OR price breakdown of all cost elements.

The price submission is not page limited, but is strictly limited to price information.

(2) The non-mandatory site visit is being conducted in accordance with FAR 52.237-1, Site Visit, which states that Quoters 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.

Failure to attend the site visit does not preclude a vendor from being eligible for award; however, attendance is highly encouraged to ensure a clear understanding of the requirement and receipt of any information that may be exchanged vital to the nature of the requirement. There is to be no discussion of funding during the site visit. Any questions posed during the site visit will be documented and used to make updates to the PWS and/or the solicitation as appropriate. The Government does not intend to provide written responses to all questions following the site visit unless deemed to be necessary. There will be a formal question and answer period allotted for upon the issuance of the Request for Quotes.

In order to attend the site visit, vendors shall send his/her verification information to Jordan Walton (Contract Specialist) via an encrypted email. This information will be forwarded to NHHC Technical POC so that the vendor can access NHHC sites. Jordan Walton can be reached at 757-392-9216 or at jordan.l.walton.civ@us.navy.mil. The requested information shall be forwarded to Jordan Walton on or before 18 June 2024, no later than 03:00 p.m. Eastern Standard Time. The following information shall be sent:

1) Full Name:

2) Company Name:

3) Email address:

4) Telephone no.:

On the day of the site visit, vendors shall meet up at the National Museum of the American Sailor, Building 42, 2531 Sheridan Road, Great Lakes, IL 60088 no later than 09:00 a.m. on Tuesday, 25 June 2024. Vendors are limited to two (2) representatives per organization for the site visit.

NOTE: ADDITIONAL SITE VISITS WILL NOT BE ARRANGED FOR ANY PARTIES WHO

ARRIVE AFTER THE GOVERNMENT AND INSPECTION PARTIES HAVE DEPARTED FROM

BUILDING CD-9 9040 HAMPTON BLVD. ALL PARTIES ARE STRONGLY ENCOURAGED TO

BE ON TIME. NO SPECIAL ACCOMODATIONS WILL BE GRANTED TO PARTIES WHO

REQUEST TO VISIT PRIOR TO OR AFTER THE SCHEDULED SITE VISIT DATE.

(End of Text)

ADDENDUM TO FAR PROVISION 52.212-2, EVALUATION – COMMERCIAL

ITEMS:

a) The Government will award a FFP order resulting from this solicitation to the responsible

Quoter whose offer conforming to the solicitation will be most advantageous to the Government, technical, price and other factors considered. The Government will be utilizing FAR part 12 and FAR part 8.4 procedures. The following factors shall be used to evaluate offers:

Technical and Price

In order to be considered Acceptable, quoters must receive an acceptable rating for Factor I in its entirety. Unacceptable technical rating will not be further evaluated and will not be considered for award.

Factor 1 – Technical

Rating Description

Acceptable Quote meets the requirements of the solicitation Unacceptable Quote does not meet the requirement of the solicitation

The rating table above will be used to determine the technical capability of the quoter.

Factor II – Price

The quoters quoted price will be evaluated on the basis of price reasonableness in accordance with FAR 15.404-1(b)(2).

The evaluation may include, but is not limited to the following:

A. Price comparison with other quoters;

B. Comparison with independent government estimates

By submitting a quote, the quoter affirms that they are capable of performing and completing the work described in the Solicitation.

The Government will award on the basis of price unless the contracting officer is aware of past performance information related to the low price quote/offer which indicates that quote/offer may not represent best value. In that case, the Government reserves the right to consider the past performance of other quotes/offers, conduct a price, past performance tradeoff, and award to other than the lowest price quote/offer.

The Government intends to award a firm-fixed priced purchase order to the responsible quoter whose quote represents the best value after evaluation in accordance with the factors in the solicitation.

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)

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-22 Alternative Line Item Proposal JAN 2017 52.204-29 Federal Acquisition Supply Chain Security Act Orders--

Representation and Disclosures.

DEC 2023

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.212-1 Instructions to Offerors--Commercial Products and Commercial Services

SEP 2023

52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services

NOV 2023

52.222-41 Service Contract Labor Standards AUG 2018 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.237-1

52.237-2

Site Visit

Protection Of Government Buildings, Equipment, And Vegetation

APR1984

APR 1984

252.203-7000 Requirements Relating to Compensation of Former DoD Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors JAN 2023 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

JAN 2023

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

JAN 2023

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

JAN 2023

252.204-7024 Notice on the Use of the Supplier Performance Risk System MAR 2023 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.225-7001 Buy American and Balance of Payments Program FEB 2024 252.225-7002 Qualifying Country Sources As Subcontractors MAR 2022 252.225-7048 Export-Controlled Items JUN 2013 252.225-7055 Representation Regarding Business Operations with the

Maduro Regime

MAY 2022

252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime

JAN 2023

252.225-7972 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems (DEVIATION 2020-O0015)

MAY 2020

252.225-7973 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems - Representation (DEVIATION 2020- O0015)

MAY 2020

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JAN 2023

252.244-7000 Subcontracts for Commercial Products or Commercial Services

NOV 2023

252.247-7023 Transportation of Supplies by Sea JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

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

(a) Definitions. As used in this provision-

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

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

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

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

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

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

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

(d) Representations. The Offeror represents that--

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

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--

It [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

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

(i) For covered equipment--

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

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

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

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (FEB 2024) ALTERNATE I (FEB 2024)

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

(a) Definitions. As used in this provision --

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

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

"Forced or indentured child labor" means all work or service-

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

(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"--

(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 at 13 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 CFR 124.104(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 least 51 percent of the stock of which is owned by one or more women; and

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

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

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

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

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

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

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

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

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

(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 124.1002.

(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.

(12) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(5) of this provision.)

___ Black American.

___ Hispanic American.

___ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).

___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).

___ Individual/concern, other than one of the preceding.

(d) Certifications and representations required to implement provisions of Executive Order 11246--

(1) Previous Contracts and Compliance. The offeror represents that--

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

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

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

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

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

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

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

(1) (i) The Offeror certifies that each end product, 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.