ABL-15130_YUKON_CHINOOK_TAXONOMIST.pdf

OMB Approval No. 9000-0009

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

This RFQ [X ] is [ ] is not a Small Business Set-Aside Page

Of Pages

1. REQUEST NO.

ABL-15130

2. DATE

ISSUED

3/31/15

3. REQUISITION/PURCHASE REQUEST

NO.

NFFS7400-15-01841

4. CERT. FOR NAT.

DEF. UNDER BDSA

REG. 2 AND/OR DMS

REG.1

RATING

5a. ISSUED BY: U.S. DEPT. OF COMMERCE, NOAA, NMFS, AUKE BAY LABORATORIES

17109 PT LENA LOOP RD, JUNEAU, AK 99801

6. DELIVER BY (Date)

5b. FOR INFORMATION CALL (NO COLLECT CALLS)

7. DELIVERY

NAME TELEPHONE NUMBER [X ] FOB DESTINATION [ ] OTHER (see schedule)

SUZANNE JOHNSTON

SUZANNE.JOHNSTON@NOAA.GOV

AREA CODE

NUMBER

789-6061

9. DESTINATION

a. NAME OF CONSIGNEE USDOC/NOAA

NOAA Fisheries, Auke Bay Laboratories

8. TO:

a. NAME b. COMPANY b. STREET ADDRESS

17109 Pt. Lena Loop Road

c. STREET ADDRESS c. CITY

Juneau

d. CITY e. STATE f. ZIP CODE d. STATE

AK

e. ZIP CODE 98801

10. PLEASE FURNISH QUOTATIONS TO

THE ISSUING OFFICE IN BLOCK 5a ON

OR BEFORE

04/15/2015

1:00PM, ALASKA TIME

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services.

Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local Taxes)

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

Provide logistical and technical support for three base tasks in preparation for, during and after summer FY15 field sampling. May 1, 2015 through March 31, 2016

2015 Travel

Option 1: Yukon Delta Front/Pro-delta Cruises: Provide expert assistance during two (2) 7-day research cruises aboard a 48-50 foot contract research vessel plus approximately 2 days of travel. To include office / lab hours as well. May 15, 2016 to July 30, 2017

Option 1: Travel 2016

AWARD BASIS: Best Value, considering Knowledge , Experience, Qualifications, and Price (CONSIDERING

BASE AND OPTION PRICES)

HRS

EA

HRS

EA

12. DISCOUNT FOR PROMPT

PAYMENT

a. 10 CALENDAR DAYS % b. 20

CALENDAR

DAYS %

c. 30 CALENDAR

DAYS %

d. CALENDAR DAYS

NUMBER PERCENTA

GE

NOTE: Additional provisions and representations [ ] are [ ] are not attached.

13. NAME AND ADDRESS OF QUOTER 14. SIGNATURE OF PERSON AUTHORIZED TO SIGN

QUOTATION

15. DATE OF

QUOTATION

a. NAME OF QUOTER

16. SIGNER

b. STREET ADDRESS a. NAME (type or print) b. TELEPHONE

c. CITY, STATE, ZIP AREA CODE

c. TITLE (type or print)

QUOTED BY:_____________________ DATE_____________________________

COMPANY NAME:_________________________ email ADDRESS:_______________

PHONE:__________________________ SMALL BUSINESS?___________________

FAX:_____________________________ TAX ID NUMBER:____________________

ADDRESS:___________________________________________________________

DUNS no._______________________________CAGE CODE (CCR):____________

North American Industry Classification System (NAICS) Code & Small Business Size Standard:

541690 - Other Scientific and Technical Consulting Services $7Million

FAX QUOTE TO SUZANNE JOHNSTON (907) 789-6094

Or email SUZANNE.JOHNSTON@NOAA.GOV

Award will only be issued to Vendors/Contractors who:

Are registered and active in SAM (System for Award

Management) at https://www.sam.gov/portal/public/SAM/

STATEMENT OF WORK

Background

The Alaska Fisheries Science Center, Auke Bay Laboratories (ABL) is cooperating with the Alaska Department of Fish and Game, North Pacific Research Board and the Arctic- Yukon Kuskokwim Sustainable Salmon Initiative in studies concerning the status of Chinook salmon in the Bering Sea. This work is in response to recent declines in Chinook salmon runs in the region. Little is known about the early marine ecology of juvenile Chinook salmon and their early marine phase, from outmigration through the first marine summer, is considered a critical period. During this period, the fish must feed and grow to obtain sufficient size and store energy in preparation for their first winter at sea. ABL staff will be undertaking a multi-faceted field and laboratory-based research study aimed at improving our understanding of juvenile salmon growth, condition, and use of Yukon River Delta habitats and compare and contrast new and historic data in order to provide insight into habitat quality and the role of size and timing of marine entry to juvenile condition of the salmon.

Objective

The objective of this project is to provide technical support throughout the ABL study of Chinook salmon on the Yukon delta. For the purposes of this contract, the contractor will be based in Juneau, Alaska and will travel to and from field locations to conduct surveys.

During the intervening periods the contractor will work in Juneau. Transportation costs from to and from Juneau and field will be covered by the contractor and must be identified in the bid. Specifically, the contractor will 1) provide logistical and technical support to the Chief Scientist in preparation for sampling on the Yukon Delta and delta front, 2) Assist/lead fishing activities using a variety of sampling gears and oceanographic equipment on the Yukon Delta tributaries and Yukon Delta front during the summer of 2015, 3) prepare work reports, process fish samples collected and summarize data with the Chief Scientist in Juneau, Alaska.

Specific Tasks

Base Period The base period is approximately 880 hours of office and field services from May 1, 2015 through March 31, 2016 to include the following tasks:

Task 1: Provide logistical and technical support in preparation for, during and after summer FY15 field sampling. This assistance includes aiding in gear inventory, field logistical arrangements (e.g. lodging, gear shipping, local field support), preparation of sampling sheets/data collection methods and tracking of samples, receiving and preserving specimen shipments, compiling field records, and assisting Chief Scientist with preparation of reports to granting agencies. The number of hours per week spent on task 1 will vary during the contract depending on project needs. We anticipate the need will vary between 20 and 40 hours per week. We estimate a total of 330 hours will be required.

Task 2 Yukon Delta Front/Pro-delta Cruises: Provide expert assistance during three

(3) 7-day research cruises aboard a 48-50 foot contract research vessel plus approximately 2 days of travel. Equipment includes small midwater trawls (Aluette) and oceanographic instruments. Duties include 1) Provide nearshore marine fish and invertebrate identification expertise, 2) sample nearshore fish and invertebrates using small, scientific trawls, 3) sampling oceanographic data using CTDs and other instruments, 4) preserving specimens and recording data associated with vouchers for bioenergetic analyses including assigning unique identifying numbers to every sample, and maintaining a processing log, 5) entering data into spreadsheets, and 6) offloading gear and samples at end of cruise and 7) etics lab. The contractor will be the lead fish taxonomist on the cruise. The contractor must be able to productively work 12 hour days and amiably cohabitate in tight living quarters aboard a 48-foot vessel for the duration of the cruise.

Estimated 280 hours

Task 3 Emmonak Field Station: The contractor will act as the lead biologist in Emmonak in the absence of NOAA staff and may be required to make decisions that affect the outcome of the study. Other duties in Emmonak include: 1) Coordinating sampling activities with local fishermen/technicians and overseeing sampling activities of biological technicians, 2) overseeing the collection, identification , preservation, labeling and logging of biological samples that will be used for bioenergetic analyses, 3) entering data into spreadsheets, 4) maintaining catch and sampling records, 5) preparing weekly activity reports, 6) act as lead taxonomist and 7) deliver samples and completed logs to the bioenergetics lab. Work includes sampling with 2-boat trawl nets, skimmer nets, hoop nets and taking physical environmental measurements. The contractor must be able to productively work up to 12 hour days and amiably cohabitate with other field staff at the ADF&G bunkhouse facility in Emmonak. The contractor will work as part of a team in all sampling efforts and be the taxonomic expert for fish identification.

Estimated 270 hours

Logistics including travel: Quote should include all travel expenses related to travel specified below. Quote should include all anticipated costs for Airfare, Lodging (for specific locations only), and Perdiem (for specific locations only)

Quote should include all estimated all Airfare, Lodging and Per Diem for an estimated 8 trips, as shown below, to/from Nome Alaska, and to/from Emmonak, Alaska. Lodging for 2 days in Nome for each cruise should be included in the quote. Housing and meals are provided while on research vessel as well as in Emmonak under this contract, so lodging and per diem should not be included in travel cost estimates for travel to Emmonak or while on the research vessels. The exact dates of travel will be determined after award and are subject to change on short notice, however estimated dates and locations are:

ESTIMATED TRAVEL BY DESTINATION

Flight Date JNU to EMM 5/18/2015 EMM to NOM 5/31/2015 NOM to JNU 6/8/2015 JNU to NOM 6/30/2015 NOM to JNU 7/9/2015 JNU to EMO 7/23/2015 EMO to NOM 8/1/2015 NOM to JNU 8/12/2015

EMM = Emmonak, AK, JNU=Juneau, AK, NOM=Nome, AK

CONTRACTORS ARE NOT AUTHORIZED TO CHARGE MORE THAN THE

FEDERAL TRAVEL REGULATIONS (FTR) ALLOW. DAILY PER-DIEM AND

LODGING MUST BE AT OR BELOW FTR RATES. AIRFARE MUST BE

PURCHASED 21 DAYS IN ADVANCE AND AT THE LOWEST FARE POSSIBLE

TO ENSURE THE SAVINGS TO THE GOVERNMENT. PROOF OF AIRFARE

AND LODGING RECEIPTS WILL BE REQUIRED WITH INVOICING IN ORDER

TO BE APPROPRIATELY REIMBURSED.

Optional Periods (1)

This award includes one option that entails approximately 400 hours of office and field sampling services from May 15, 2016 to July 30, 2017 to include the following deliverable tasks:

Option 1 Yukon Delta Front/Pro-delta Cruises: Provide expert assistance during two

(2) 7-day research cruises aboard a 48-50 foot contract research vessel plus approximately 2 days of travel. Tasks to be performed will be the same as detailed in Task 2 of this document. The exact dates of travel will be determined after award and are subject to change on short notice; however, estimated sampling periods are the first 10 days each of June and July 2016. In addition to field duties, the contractor will provide logistical and technical support in preparation for, during and after summer FY16 field sampling. This assistance includes aiding in gear inventory, field logistical arrangements (e.g. lodging, gear shipping, local field support), and preparation of sampling sheets/data collection methods and tracking of samples, receiving and preserving specimen shipments, compiling field records. The contractor will also provide database and GIS expertise in Juneau. The contractor will be the lead database manager. Estimated hours 400.

Option 1 Logistics including travel: Quote should include all travel expenses related to travel specified below Quote should include all anticipated costs for Airfare, Lodging (for specific locations only), and Perdiem (for specific locations only). Lodging and meals while on research vessels is provided and should not be included in quote.

Quote should include all estimated all Airfare, Lodging and Per Diem for an estimated 2 round trips to/from Nome Alaska. Lodging for 2 days in Nome for each cruise should be included in the quote.

Options are not guaranteed and exercising of options is at the sole discretion of the government and is based on need and funding.

Place & Period of Performance

Task 1: Juneau, AK from May 1, 2015 through April 30, 2016; regular office hours Task 2: Norton Sound and the Yukon Delta Front, AK; 7 days each in June, July and

August, 12 hours per day including weekends and holidays Task 3: Emmonak, Alaska up to 20 consecutive days between May 20 and July 31, 2015, 12 hours per day including weekends and holidays.

Option 1: Nome, AK & Juneau, AK from May 15, 2016 to July 30, 2017; field and regular office hours

Knowledge and Experience of Key Personnel

At minimum the contractor must have:

1. Bachelor’s Degree in Biology or related field

2. Graduate classes in fisheries oceanography, physiologicy of fishes and scientific writing preferred.

3. First Aid/CPR and cold water survival training

4. Familiarity with the organization and content of the Nearshore Fish Atlas

(www.alaskafisheries.noaa.gov) and knowledge of Microsoft Access database structures.

Required Experience/ Qualifications:

a. Five years’ experience with use of capturing techniques using trawls, tow nets and other nearshore sampling gear to capture nearshore marine species in Alaskan waters. Experience using oceanographic measuring equipment (e.g. CTDs).

Experience handling, anesthetizing, weighing, and measuring small fish (juveniles 10-200 mm in length). Experience collecting and preserving samples for bioenergetics analysis.

Preference will be given to applicants with prior experience sampling from small boats on the Yukon River

b. Five years’ experience working on small boats in riverine and coastal areas under potentially adverse weather and sea conditions in Alaskan waters

c. Experience working on at least 10 multiple-day cruises in sub-arctic or arctic waters under potentially adverse weather and sea conditions

d. Experience working in native communities with local fishermen and technicians in Alaska.

e. At least five years’ experience identifying commonly found fish in the marine nearshore environment of the sub-Arctic Pacific including at a minimum species of Pacific salmon, juvenile cod, herring, sandlance, capelin, and cisco

f. At least five years of experience providing logistical and technical support for remote field sampling in sub-Arctic Alaska.

g. Five years’ experience with taking data in a field situations and summarizing those data using EXCEL and ACCESS database, working with ArcGIS Desktop and its applications, preparing presentations and posters for scientific conferences using Microsoft PowerPoint and Adobe InDesign.

Contractor provided

Contractor must take care of all their own logistics for travel to/from Nome Alaska, and to/from Emmonak, Alaska. Housing and meals are provided in Emmonak under this contract, so lodging and per diem should not be included in travel cost estimates for travel to Emmonak or while on any research vessel.

Sea Duty is a requirement of this contract. Failure of key personnel to perform this aspect of the contract for any reason will result in termination of contract by the Federal government.

Adequate chest waders and boots, rain gear, boots, gloves and warm clothing necessary for participation aboard the small vessels operating in river and tidal channel habitats must be provided by the contractor.

Government provided

The key personnel will be issued work space on the vessel, provided with a Personal Flotation Device (PDF) and survival suit. The Auke Bay Laboratories will provide all of the sampling equipment, materials for preservation of the specimens collected, standard operating protocols for collection and data collection for specimens.

General Conditions

1. EQUIPMENT AND MATERIALS

The contractor shall perform all operations and services using their own equipment and materials.

2. DAMAGE

The Government will not be responsible in any way for damage occasioned by fire, theft, accident, or otherwise, to the Contractor's personal belongings brought into the Government buildings.

3. INSURANCE COVERAGE

The contractor will be responsible for providing their own workman's compensation and health insurance. The government will not be responsible for providing insurance. The contractor must show proof of workman's compensation insurance if requested by either the COR (Contracting Officer’s Representative), or Contracting Officer. If the contractor will be performing work on a vessel or in the field or field camp, the government takes no responsibility in event of injury. If the contractor has not obtained workman's compensation insurance, the government takes no responsibility in event of injury. This is solely the responsibility of the Contractor.

4. PERFORMANCE OF WORK

a. The Contractor shall comply with all building and safety regulations while on the premises while visiting with COR or Chief Scientists.

b. Services shall generally be performed as scheduled by the contractor except for meetings, usually bi-weekly, with the Chief Scientist or COR.

c. The Government’s COR representative, Emily Fergusson or in their absence, Katharine Miller (Chief Scientist), under whose technical guidance the work will be performed, will be consulted as to the manner of starting and performing the work so as to assure the use of approved techniques, materials and suitability of deliverables. The work will be coordinated between the Contractor and the Government COR or Chief Scientist.

1. WORKMANSHIP

The work involved in this contract must be performed accurately, on a timely basis and with close adherence to established guidelines

IT Requirements

This contract will require assignment of a user account and access to DOC data systems.

This contractor needs access to Government hardware, application software, system software, and sensitive data. This data entry and verification service will be performed on federal government's premises for less than 300 calendar days. IT security considerations and controls will be put into place before commencement of service.

Government Responsibility

The COR or their designee, the Chief Scientist, shall be available during normal working hours to provide guidance to the Contractor in performance of the contract tasks. Written manuals of standard operating procedures for analyses, data sets, are available for use by the contractor. The COR or Chief Scientist shall regularly inspect the work of the Contractor, during performance and after completion, to ensure that acceptable procedures and standards of workmanship are being adhered to, and to avoid potential misunderstandings.

COR Designation

The Government’s COR will be Emily Fergusson who will inspect and accept services rendered in this contract on behalf of the Government. In the event that Ms. Fergusson is not available, Dr. Katharine Miller, Chief Scientist, will be the technical point of contact for questions and clarifications. The responsibilities and limitations of the COR are as follows:

The COR, or in their absence the Chief Scientist, is responsible for the technical aspects of the project and technical liaison with the Contractor. The COR is also responsible for the final acceptance of all reports, and such other responsibilities as may be specified in this contract The COR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes, which affect the contract price, terms or conditions. Any Contractor request for changes shall be referred to the Contracting Officer directly or through the COR. No such changes shall be made without the prior authorization of the Contracting Officer. The COR may designate an assistant COR to act for them by naming such assistant in writing and transmitting a copy of such designation through the Contracting Officer to the Contractor.

Invoicing

In compliance with the Prompt Payment Act, the Financial Management Division will pay an invoice in accordance with the terms set forth in the contracts with vendors if a "proper invoice" is received. A "proper invoice" has:

1. Name of the vendor and an invoice date

2. Purchase order number

3. Description, price and quantity of property and services actually delivered or rendered

4. Payment terms are “Net 30”.

5. Name, title, phone number, and complete mailing address of the responsible official to whom payment is to be made

Invoices are to be submitted to: DOC/NOAA/NMFS Auke Bay Laboratories Ted Stevens Marine Research Institute 17109 Point Lena Loop Rd Juneau, AK 99801

Or abl.invoice@noaa.gov

Payment Terms

Payment terms, per Prompt Payment Act, is Net 30 days unless otherwise awarded based on response that provides further discounts. The Government will make best efforts to pay Contractors within 15 days of receipt and acceptance of service and invoice. Do not expect earlier payment, without Discount terms. Partial Invoices will be accepted for services rendered, invoice should be based on percentage of job completion.

Federal, State, and Local Taxes

Except as may be otherwise provided in this contract price includes all applicable federal, state, and local taxes and duties in effect on the date of this contract but does not include any taxes from which the Government the Contractor or this transaction is exempt. Upon request of the contractor, the Government shall furnish a tax exemption certificate or similar evidence of exemption with respect to any such tax not included in the contract price pursuant to this clause. For the purpose of this clause, the term "date of this contract" means the date of the contractor's quotation or, if no quotation, the date of this Purchase orders.

Suspension of Work

In the case of a Government Wide Shutdown, this contract/order may be subject to a stop-work order. A stop-work order may be issued by writing by the Contracting Officer or Government Official. In accordance with FAR 42.13 – Suspension of Work, Stop- Work Orders, and Government Delay of Work is also made a part of this Acquisition.

NOAA will not make payments to contractors for products or services not obligated before the funding lapse.

If a contract or order has been issued and funded and productive work is possible then Contractor may continue to operate under your Contract during Laps. However, depending on the duration of a funding lapse, the absence of available Federal employee oversight may lead an agency to reconsider whether the contract or grant activity should continue to be performed. Federal employees will not be available to make timely payments to the contractor or grantee in accordance with the contract.

Award criteria

Contract will be awarded based on the Best Value for the Government, considering in descending order of importance:

1. Knowledge & Experience

2. Qualifications

3. Price

Qualifications, experience, and past performance should be detailed in the response to this solicitation and together will be given more weight than price alone.

When combined, the non-price factors are significantly more important than price alone. An Award will only be made to a price found to be fair and reasonable.

Submission of quotes

A response to this Request for Quote by interested parties shall consist of the following:

Signed and completed Standard Form 18 (page 1 & 2 of this RFQ).

Signed and completed Attachment B & D.

Documentation supporting Knowledge and Experience, as listed herein, that will be used to determine Best Value.

Verification that the vendor is registered in SAM, System for Award management.

Please send completed proposals that detail out how you meet all of the minimum requirements, and knowledge, skills & abilities to meet the government’s needs as well as a resume/CV to Suzanne Johnston at NMFS/Auke Bay Laboratories, 17109 Pt. Lena Loop Rd, Juneau, AK 99801, and telephone (907) 789-6061 or FAX 907 789-6094. If there are any questions, please submit them via email to Suzanne Johnston (Suzanne Johnston@noaa.gov). Please allow for time for her to contact the requisitioner and/or technical representative for the answer. All responses to this solicitation sent by email or fax should reference the Solicitation # ABL-15130, to ensure proper receipt of your response.

Failure to provide a completed proposal, i.e. submission of a resume only, will result in a non-responsive bid and vendor will not be evaluated for award.

Solicitation Provisions:

52.212-1 Instructions to Offerors – Commercial Items

52.204-7 System for Award Management (Jul 2013)

52.212-3 Offeror Representations and Certifications—Commercial Items.

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

(a) Definitions. As used in this provision— “Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

“Forced or indentured child labor” means all work or service—

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

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

“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 concern”—

(1) Means a small business concern—

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

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

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

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“Small disadvantaged business concern”, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that—

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

(i) One or more socially disadvantaged (as defined 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 $750,000 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.

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

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

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

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

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

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

(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 posted on the SAM website.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through http://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard 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 paragraphs ______________.

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

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

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

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it o is, o is not a small business concern.

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

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

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

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

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

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

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

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

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

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

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

(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a 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 o is a women-owned business concern.

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

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

(i) It o is, o is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and

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

(d) Representations required to implement provisions of Executive Order 11246—

(1) Previous contracts and compliance. The offeror represents that—

(i) It o has, o has not participated in a previous contract or subcontract subject to the Equal

Opportunity clause of this solicitation; and

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

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

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

(ii) It o 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) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item” “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

[List as necessary]

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

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

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,” “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements–Israeli Trade Act.”

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

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

Line Item No. Country of Origin

[List as necessary]

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled “Buy American— Free Trade Agreements—Israeli Trade Act.” The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”

Other Foreign End Products:

Line Item No. Country of Origin

[List as necessary]

(iv) The Government will evaluate offers in accordance with the policies and procedures of

FAR Part 25.

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

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

Canadian End Products:

Line Item No.

[List as necessary]

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

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

Canadian or Israeli End Products:

Line Item No. Country of Origin

[List as necessary]

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

(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American-Free Trade Agreements-Israeli Trade Act”:

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

Line Item No. Country of Origin

[List as necessary]

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

(i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled “Trade Agreements.”

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

Other End Products:

Line Item No. Country of Origin

[List as necessary]

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

FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.

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

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

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

violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property;

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

(4) o Have, o have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.

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

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

(B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(ii) Examples.

(A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C.