Combined Synopsis Solicitation v4.pdf

(i) This is a combined synopsis/solicitation for the Supplemental Benefits Program including dental and vision plans, medical evacuation insurance, and other voluntary benefits for its employees. This will be in accordance with the format in the Federal Acquisition Regulation (FAR) Subpart 12.6 and FAR Part 15 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation;

Offers are being requested and a written solicitation will not be issued.

(ii) The solicitation number is 50310225R0006 and issued as a Request for Proposals (RFP).

(iii) The synopsis/solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2025-03 (January 17, 2025).

(iv) This requirement is being solicited as unrestricted. The associated NAICS code is 524114 and the applicable business size standard is $38.5 million dollars.

(v) Offerors shall provide prices for supplemental dental and vision services for nearly all of the SEC’s 4,100 employees, who are located in the Washington, DC headquarters office as well as 10 regional offices throughout the US in accordance with the Pricing Table highlighted in Attachment 4.

(vi) Description of requirements for the items to be acquired:

The SEC provides and shall continue to provide a Supplemental Benefits Program (SBP) to all employees eligible for Federal Employee Health Benefits (FEHB). The SBP includes employer paid dental and vision insurance for all eligible SEC employees and their eligible dependents. The SBP also enables SEC employees to select and pay for benefits from a package of voluntary benefit plans. A contractor manages the SBP using an exclusive employee enrollment website, an approved package of insurance plans and information systems to manage and transmit employee eligibility and payroll deduction information for the effective administration of the SBP. The contractor is responsible for processing all insurance claim actions and securely managing all data related to the SBP.

Please see Attachment 3 for the complete Statement of Work.

(vii) Date(s) and place(s) of delivery and acceptance and FOB point.

The anticipated contract’s period of performance will be a one (1) year Base Period with nine (9) one-year Option periods for a total of ten years should all options be exercised.

This award may be utilized at SEC HQ and Regional Offices:

SEC LOCATIONS & REGIONAL OFFICES

OFFICE ADDRESS

Headquarters 100 F Street, NE, Washington, DC 20549 New York 3 World Financial Center, New York, NY 10281-1022 Boston 33 Arch Street, Boston, MA 02110-1424 Philadelphia 701 Market Street, Philadelphia, PA 19106-1532 Miami 801 Brickell Ave., Miami, FL 33131 Atlanta 950 East Paces Ferry, N.E., Atlanta, GA 30326-1382 Chicago 175 W. Jackson Boulevard, Chicago, IL 60604 Denver 1801 California Street, Denver, CO 80202-2656

Fort Worth 801 Cherry Street, Fort Worth, TX 76102 Los Angeles 5670 Wilshire Boulevard, Los Angeles, CA 90036 San Francisco 44 Montgomery Street, San Francisco, CA 94104

(viii) The provision at 52.212-1, Instructions to Offerors – Commercial Products and

Commercial Services, applies to this acquisition and a statement regarding any addenda to the provision.

(ix) The provision at FAR 52.212-2, Evaluation - Commercial Products and Commercial Services (Nov 2021), applies to this acquisition as follows:

52.212-2 Evaluation-Commercial Products and Commercial Services (Nov 2021) The Government will award a contract resulting from this solicitation to the responsible Offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered.

This is a best value procurement. The Offeror’s submission shall demonstrate the firm’s capability to perform the requirements outlined in the solicitation. Offerors shall provide a technical offer that includes the following three (3) factors that will be used to evaluate offers: (1) Technical Approach and Understanding, (2) Management Approach and Capabilities, and (3) Past Performance.

Technical Approach and Understanding is more important than Management Approach and Capabilities. Management Approach and Capabilities is more important than Past Performance. When combined, the technical evaluation factors of (1) Technical Approach and Understanding, (2) Management Approach and Capabilities, and (3) Past Performance are significantly more important than (4) Price. As the technical offers become more equal, price becomes more important in making the award determination. In the event that two (2) or more offers are determined not to have any substantial technical differences (i.e., are technically equivalent), award may be made to the lower priced offer. It should be noted that award may be made to other than the lowest priced offer if the Government determines that a price premium is warranted due to technical merit. The Government may also award to other than the highest technically rated offer, if the Government determines that a price premium is not warranted.

The proposal submission must include the following information (preferably to be provided on the proposal submission cover letter):

a) Tax Identification Number (TIN)

b) Unique Entity Identification (UEI)

c) North American Industrial Classification System (NAICS) Code

d) Standard Federal Supply Code

e) Contact Name

f) Contact Email address

g) Contact telephone and fax number

h) Complete business mailing address

VOLUME 1 – TECHNICAL PROPOSAL

Offerors shall not include any price information in the technical proposal. Offerors shall address the following factors:

Technical Approach and Understanding

The Offeror shall describe in detail its technical approach and understanding on how it will meet the criteria in the Statement of Work (SOW). The Offeror shall describe in detail its technical approach. The Offeror’s technical approach shall clearly describe and address the Offeror’s knowledge, understanding and ability to successfully perform the requirements and obtain the desired outcomes highlighted in the SOW. Statements such as “the Offeror understands” or “the Offeror will comply” and statements that paraphrase the SOW or other contract requirements are inadequate.

Management Approach and Capabilities

The Offeror must demonstrate that the proposed management approach and capabilities satisfies the requirements defined in the Statement of Work (SOW). The Offeror’s management approach shall clearly cite discrete examples of successful performance and tangible results similar to the specific tasks contained in the SOW. The Offeror’s management approach shall include the following: 1) discussion of the background, scope, and task requirements of the SOW; 2) discussion of proposed methods, capabilities and techniques for fulfilling the requirements of the SOW; 3) discussion which supports how each requirement of the SOW will be evaluated for full performance and acceptability of work from the Offeror’s perspective; and 4) discussion of any anticipated major difficulties and problem areas, along with potential recommended approaches for their resolution.

Past Performance

The Government will evaluate relevant past performance of each Offeror. The Offeror shall identify three (3) contracts/task orders with the Federal Government or commercial entities that demonstrate recent and relevant past performance. Recent is defined as within the last three (3) years. Relevant is defined as work similar in complexity and magnitude to the work identified in the SOW. Please include the following information:

a) Project Title

b) Description of the Project

c) Contract/Task Order Number

d) Contract/Task Order Amount

e) Government Agency/Organization

f) COR’s name, address, phone number and email address

g) Contracting Officer’s name, address, telephone number and email address

h) Current status (e.g., completed and/or in progress, start and estimated completion dates)

i) A brief narrative of why your firm believes this reference is relevant to the proposed task

CPARS Assessments are preferred and if an Offeror has three (3) relevant and recent CPARS Assessments then the Offeror does not need to have the Past Performance Questionnaire completed. The Offeror may substitute a completed Past Performance Questionnaire if a CPARS Assessment is not available for the submitted reference. The Government may consider other relevant past performance information obtained from other sources known to the Government. The Offeror must complete the part of the Past Performance Questionnaire (RFP Attachment 5) and provide it to no more than three (3) references. The references are expected to submit the Past Performance Questionnaire by email to J. Christie Branham at branhamj@sec.gov no later than the closing date/time of the mailto:branhamj@sec.gov

RFP. It is the responsibility of the Offeror to ensure that the Past Performance Questionnaire is returned to the correct email address no later than the RFP closing date/time.

Evaluation of past performance will be based on consideration of all relevant facts and circumstances.

Information may be obtained from the Contract Performance Assessment Reporting System (CPARS) and from references listed in the proposal, other customers known to the Government, consumer protection organizations, and others who may have useful and relevant information.

In the case of a proposal that does not have past contract performance information or with respect to which information on past contract performance is not available, the proposal will not be evaluated favorably or unfavorably on the factor of past performance.

Page Limitation: The technical submission shall be limited to twenty (20) one-sided pages, excluding the cover letter.

EVALUATION OF TECHNICAL FACTORS

Technical offers submitted in response to this RFP will be evaluated as follows:

1) Technical Approach and Understanding – the degree to which the Offeror effectively demonstrates knowledge, understanding, and technical ability to successfully perform the requirements of the SOW.

2) Management Approach and Capabilities – the adequacy, capabilities and appropriateness of the proposed management approach.

3) Past Performance – the relevance and quality of the Offeror’s recent past performance for similar type of work.

Proposal Evaluation Ratings and Definitions: The ratings used to evaluate the offeror’s proposal are listed below along with their definitions:

PROPOSAL EVALUATION RATINGS AND DEFINITIONS

RATING DEFINITION

Strength

An aspect of the Offer that increases the likelihood of successful contract performance, and/or reduces the risk of unsuccessful performance, and is of material benefit to the commission.

Weakness A flaw in the Offer that increases the risk of unsuccessful contract performance.

Deficiency

An aspect of the Offer fails to meet the Government’s requirement or a combination of weaknesses exists in the Offer that increases the risk of unsuccessful performance to an unacceptable level.

Clarification Required

Limited exchange between the Government and Offerors required for the purpose of enhancing the Government’s understanding of the proposals, without entering into discussions, or requesting a revision to the proposal.

VOLUME 2 - PRICE PROPOSAL (Non-Rated)

Each Offeror shall submit a price proposal separate from the technical proposal.

The price proposal shall include the following:

a) Contract Price (inclusive of fixed unit price costs for one the one (1) year Base Period and nine (9) one-year Option periods)

b) Completed Pricing Schedule (Attachment 4) in an Excel Spreadsheet format.

c) A copy of published commercial prices for items identified in the pricing spreadsheet.

d) If applicable, Prime Contractor/Subcontractor Arrangement Supporting Documentation:

If subcontracting is proposed, the Government will evaluate the acceptability of any subcontracting as part of its evaluation of price. If a Prime Contractor/Subcontractor Arrangement is contemplated for this requirement, at a minimum the following information must be included in the supporting documentation:

1. A description of the supplies or services to be subcontracted.

2. Identification of the type of subcontract to be used.

3. Identification of the proposed subcontractor.

4. The proposed subcontract price.

5. The subcontractor’s current, complete, and accurate pricing data.

6. The subcontractor’s Disclosure Statement or Certificate relating to Cost

Accounting Standards when such data are required by other provisions of this contract.

7. A negotiation memorandum reflecting-

a. The principal elements of the subcontract price negotiations;

b. The most significant considerations controlling establishment of initial or revised prices;

c. The extent, if any, to which the Contractor did not rely on the subcontractor’s certified cost or pricing data in determining the price objective and in negotiating the final price;

d. The reasons for any significant difference between the Contractor’s price objective and the price negotiated; and

e. A complete explanation of the incentive fee or profit plan when incentives are used. The explanation shall identify each critical performance element, management decisions used to quantify each incentive element, reasons for the incentives, and a summary of all trade-off possibilities considered.

Failure to provide complete supporting documentation may result in no further consideration of the vendor’s offer.

Price Proposal: The Government expects to receive price competition through the submission of several price proposals. The Offeror’s proposed pricing will be evaluated against other proposals received and/or the Government’s estimated level of effort.

Offerors shall propose fixed rate prices that are reasonable. Price will be evaluated based upon its reasonableness.

A written notice of award or acceptance of a proposal, mailed or otherwise furnished to the successful Offeror within the time for acceptance specified in the proposal, shall result in a binding contract without further action by either party. Before the proposal’s 90 day expiration time, the Government may accept a proposal (or part of a proposal), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(x) Offerors shall include a completed copy of the provision at FAR 52.212-3, Offeror

Representations and Certifications – Commercial Products and Commercial Services (MAY 2024) (DEVIATION FEB 2025), with its offer. See paragraph (xiii) for the full text version of this clause.

(xi) FAR 52.212-4, Contract Terms and Conditions – Commercial Products and Commercial Services (NOV 2023), applies to this acquisition. Offerors may obtain the full text version of this clause electronically at https://www.acquisition.gov.

(xii) FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes or

Executive Orders—Commercial Products and Commercial Services (JAN 2025) (DEVIATION FEB 2025), applies to this acquisition. Offerors may obtain the full text version of this clause electronically at https://www.acquisition.gov. The following FAR clauses cited in this clause are applicable to this acquisition:

52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C.

3509)).

52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) ( 41 U.S.C. 4712);

this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).

52.209-6, Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (JAN 2025) ( 31 U.S.C. 6101 note).

52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters

(OCT 2018) ( 41 U.S.C. 2313).

52.219-8, Utilization of Small Business Concerns (JAN 2025)( 15 U.S.C. 637(d)(2) and (3)).

52.219-9, Small Business Subcontracting Plan (JAN 2025) ( 15 U.S.C. 637(d)(4)).

52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C.

637(d)(4)(F)(i)).

https://www.acquisition.gov/ https://www.acquisition.gov/

52.219-28, Postaward Small Business Program Rerepresentation (JAN 2025) (15 U.S.C.

632(a)(2)).

52.222-3, Convict Labor (JUN 2003) (E.O.11755).

52.222-35, Equal Opportunity for Veterans (JUN 2020) ( 38 U.S.C. 4212).

52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) ( 29 U.S.C. 793).

52.222-37, Employment Reports on Veterans (JUN 2020) ( 38 U.S.C. 4212).

52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(DEC 2010) (E.O. 13496).

52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

52.222-54, Employment Eligibility Verification (JAN 2025) ( Executive Order 12989).

(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

52.224-3 Privacy Training (JAN 2017) ( 5 U.S.C. 552 a).

52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (MAY 2024) ( E.O. 13513).

52.232-33, Payment by Electronic Funds Transfer-System for Award Management

(OCT2018) ( 31 U.S.C. 3332).

52.239-1, Privacy or Security Safeguards (AUG 1996) ( 5 U.S.C. 552a).

52.242-5, Payments to Small Business Subcontractors (JAN 2017) (15 U.S.C.

637(d)(13)).

(xiii) The following additional FAR clauses and SEC Instructions are applicable to this acquisition as determined by the Contracting Officer.

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. 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.

Additional FAR Clauses:

52.204-8 Annual Representations and Certifications (JAN 2025) (DEVIATION FEB 2025)

(a) (1) The North American Industry Classification System (NAICS) code for this acquisition is__________________ [insert NAICS code].

(2) The small business size standard is _________[insert size standard].

(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519 if the acquisition—

(i) Is set aside for small business and has a value above the simplified acquisition threshold;

(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b) (1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation.

The Offeror shall indicate which option applies by checking one of the following boxes:

(i ) Paragraph (d) applies.

(ii ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

a. (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless–

(A) The acquisition is to be made under the simplified acquisition procedures in part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements- Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that-

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.204-26, Covered Telecommunications Equipment or Services-Representation. This provision applies to all solicitations.

(vii) 52.209-2, Prohibition on Contracting with Inverted

Domestic Corporations Representation.

(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(ix) 52.209-11, Representation by Corporations

Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(x) 52.214-14, Place of Performance-Sealed Bidding.

This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xii) 52.219-1, Small Business Program Representations

(Basic, Alternates I, and II). This provision applies to solicitations when the 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).

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.

(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the 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).

(xiv) Reserved.

(xv) Reserved.

(xvi) 52.222-38, Compliance with Veterans’ Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial products or commercial services.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of biobased products in USDA-designated product categories; or include the clause at 52.223-2, Reporting of Biobased Products Under Service and Construction Contracts.

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA– designated items.

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals Representation. This provision applies to solicitations that include the provision at 52.204-7.

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xxi) 52.225-4, Buy American-Free Trade Agreements- Israeli Trade Act Certificate. (Basic, Alternates II and III.) This provision applies to solicitations containing the clause at 52.2253.

(A) If the acquisition value is less than $50,000, the basic provision applies.

(B) If the acquisition value is $50,000 or more but is less than $100,000, the provision with its Alternate II applies.

(C) If the acquisition value is $100,000 or more but is less than

$102,280, the provision with its Alternate III applies.

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan Certification. This provision applies to all solicitations.

(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran- Representation and Certifications. This provision applies to all solicitations.

(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

__ (i) 52.204-17, Ownership or Control of Offeror.

__ (ii) 52.204-20, Predecessor of Offeror.

__ (iii) 52.222-18, Certification Regarding Knowledge of Child Labor for

Listed End Products.

__ (iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment- Certification.

__ (v) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Certification.

__ (vi) 52.227-6, Royalty Information.

__ (A) Basic.

__ (B) Alternate I.

__ (vii) 52.227-15, Representation of Limited Rights Data and Restricted

Computer Software.

(d) The offeror has completed the annual representations and certifications electronically in SAM website accessed through https://www.sam.gov. After reviewing the SAM information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. 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.

52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial Services (May 2024) (DEVIATION 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.

https://www.sam.gov/ http://www.sam.gov/

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) 10009999, 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 the 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, http://www.sam.gov/ 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: .]

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

(ii) 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: .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall provide representation of its WOSB status.

(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: .]

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

(ii) 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: .] Each EDWOSB concern participating in the joint venture shall provide representation of its EDWOSB status.

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 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

(iii) The Offeror shall list those supplies that…