ABL-19032_PWS_VESSEL_CHARTER.docx

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

Of Pages

1. REQUEST NO.

ABL – 19032

2. DATE ISSUED

05/27/2019

3. REQUISITION/PURCHASE REQUEST NO.

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

HEATHER MAHLE

HEATHER.MAHLE@NOAA.GOV

AREA CODE

NUMBER

789-6021

9. DESTINATION

a. NAME OF CONSIGNEE USDOC/NOAA

AFSC, AUKE BAY LABORATORIES, TSMRI FACILITY

8. TO:

a. NAME

b. COMPANY

b. STREET ADDRESS

17109 PT. LENA LOOP ROAD

c. STREET ADDRESS

c. CITY

JUNEAU

d. CITY

e. STATE

AK

e. ZIP CODE 99801

10. PLEASE FURNISH QUOTATIONS TO THE ISSUING OFFICE IN BLOCK 5a ON OR BEFORE 11:00AM, ALASKA TIME:

06/11/2019 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)

Vessel Charter Support and Services, in Prince William Sound, in accordance with the attached Statement of Work.

FIRM FIXED AWARD WILL BE ISSUED TO THE BEST VALUE.

Day

b. 20 CALENDAR DAYS %

c. 30 CAHRSLENDAR DAYS %

d. $____________

CALENDAR DAYS

NUMBER

PERCENTAGE

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

QUOTATION

15. DATE OF QUOTATION

a. NAME OF QUOTER

16. SIGNER

b. STREET ADDRESS

c. CITY, STATE, ZIP

AREA CODE

c. TITLE (type or print)

Authorized for Local Reproduction STANDARD FORM 18 (Rev. 6-95) Previous Edition Not Usable Prescribed by GSA FAR (48 CFR) 53.215-1(a) OMB Approval No. 9000-0009

QUOTED BY:______________________________ DATE:___________________________________

COMPANY NAME:_________________________ EMAIL:___________________________________

PHONE:______________________________ SMALL BUSINESS: Yes No (Indicate One)

FAX:_________________________________ TAX ID NUMBER:_____________________________

ADDRESS:_____________________________

_____________________________________ DUNS no.___________________________________

_____________________________________ SAM #:___________________________

FEDERAL SUPPLY SCHEDULE (if applicable):____________________________________________

Send Your Response to Heather Mahle & Reference Solicitation # (ABL#) in the Subject Line:

· Mail/Hand Deliver to NMFS/Auke Bay Laboratories, 17109 Pt Lena Loop Rd, Juneau, AK 99801

· Fax to 907-789-6004

· Email to Heather.Mahle@noaa.gov Award will only be issued to Vendors/Contractors who:

1. Have a Data Universal Numbering System (DUNS)

2. Is registered and Active in the System for Award Management (SAM).

1. According to FAR 52.204-7, a firm must have a Data Universal Numbering System (DUNS) number. The DUNS Number (DUN & BRADSTREENT #) is assigned by Dun & Bradstreet, Inc. (D&B) to identify unique business entities. A DUNS may be acquired free of charge by going on-line at WWW.DNB.COM/EUPDATE or by phone at (800) 333-0505.

2. The System for Award Management (SAM) is combining federal procurement systems and the Catalog of Federal Domestic Assistance into one new system. This consolidation is being done in phases. The first phase of SAM includes the functionality from the following systems:

* Central Contractor Registry (CCR)

* Federal Agency Registration (Fedreg)

* Online Representations and Certifications Application

* Excluded Parties List System (EPLS) Register at WWW.SAM.GOV

STATEMENT OF WORK

TASK TITLE

EVOSTC Long Term Monitoring of Humpback Whales

BACKGROUND

Humpback whale predation has been identified as a significant source of mortality on wintering Pacific herring in Prince William Sound (EVOSTC project PJ090804). From 2007-2015, the distribution and abundance of whales and herring remained relatively constant. However, in 2017 and 2018 lower numbers of humpback whales and marine birds were observed along with a record low biomass of herring, and low numbers of other forage fish relative to previous years. Despite increased effort and excellent conditions while surveying, we failed to locate any concentrations of whales or prey. Our PWS observations were similar to what we have been seeing in northern Southeast Alaska, low whale numbers and few calves. Whales in both areas have switched to targeting scattered prey rather than the large, dense aggregations of krill and herring that we have seen in the past. It seems likely that the whales have moved to new feeding grounds or died.

OBJECTIVES

Assess humpback whale populations and prey within Prince William Sound and the adjacent waters by chartering a vessel to serve as a research platform.

SCOPE OF WORK

A vessel is required to locate, photograph, and biopsy humpback whales and sample prey from multiple locations within and in the waters adjacent to Prince William Sound (Fig. 1). Gillnets, plankton nets, and jigging will be the preferred methods of sampling. The vessel shall accommodate five scientists to sample herring catches for nutritional content and age structure. Work space for sample analysis and freezer capacity to temporarily preserve samples is required.

Vessel daily Charter price to include all food, fuel, and typical expenses for crew and NOAA staff for the 10-day charter.

Figure 1. Location of study area.

The work specifically consists of locating schools of forage fish associated with humpback whale, using sonar, and fishing on those schools to collect samples. Sampled fish will be measured and weighed, and a portion of those will be frozen for future chemical analysis. The contractor will provide the vessel platform, and the government will provide scientific staff and equipment.

Technical Lead John Moran will serve as the Governments technical lead. In this capacity, Mr. Moran will inspect and accept services rendered in this contract on behalf of the Government.

GENERAL CONDITIONS

1. PERFORMANCE OF WORK

a. The Government’s representative (COTR or ACOTR), under whose technical guidance the work will be performed, shall be consulted as to the manner of starting and performing the work so as to assure the use of approved techniques and materials.

b. The work shall be carried on in such a manner that there will be maximum coordination between the Contractor and the Government COTR or ACOTR.

c. Payment shall be paid per day of services received. Contractor shall invoice for days at the end of each survey. A proposal should include the daily rate including fuel costs.

2. WORKMANSHIP

a. The work involved in this contract must be performed accurately, on a timely basis, and with established guidelines followed closely.

PERIOD OF PERFORMANCE

The period of performance will be for 10 vessel days between September 15th and 30th, 2019

GOVERNMENT RESPONSIBILITY

A government technical lead 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 are available for many, but not all tasks, and are available for inspection by the Contractor. The COTR or ACOTR 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.

GENERAL REQUIREMENTS

Promptly after award of the contract, the contractor shall designate a project manager responsible for coordination and executing the contract, and to serve as liaison between the contractor and the NOAA representative for all work required under this contract.

DELIVERABLES

The contractor will provide a vessel as a platform for ABL scientists to locate, photograph, identify, and biopsy humpback whales, and sample prey within an adjacent to PWS. The vessel shall accommodate five scientists. Work space for sample analysis and freezer capacity to temporarily preserve samples is required. The deliverable is a completed 10-day scientific cruise.

SPECIFIC TASKS

The contractor will provide a vessel for transportation to survey sites, assist in locating schools of forage fish using sonar, sampling prey, and deploy and retrieve other sampling devices such as plankton nets and water quality data loggers. Additionally, the contractor will provide food and berthing logistics to scientific field party (5), and general support logistics for research operations.

Three well balanced meals and snacks galley cleanup will be provided by the contractor. Work generally will be conducted during a 12-hour working day.

A. VESSEL REQUIREMENTS

1. Minimum overall length of 50 ft.

2. Area outside suitable for photographing whales and a wheel house with good visibility.

3. An outboard powered inflatable or skiff for collecting biopsies.

4. Dry storage area of at least 15 ft3 in the main house for holding scientific supplies is required.

5. A minimum of 5 ft3 of freezer storage exclusive of space for ship's stores for stowing scientific samples is required.

6. Potable fresh water supply adequate for vessel and personal use for the crew and 5 scientists for trip duration is required.

7. Clean and sanitary overnight accommodations for crew and 5 scientists are required.

8. Work spaces, berthing, and galley spaces shall be adequately ventilated and free from tobacco smoke.

9. In an effort to reduce marine debris pollution, the Captain shall comply with waste management regulations as described in Section V of MARPOL. The vessel shall be required to have a storage facility, with or without a trash compactor to retain all refuse (except food and paper materials) or a means to incinerate this refuse so that it is not disposed of at sea. Reference Clause H.14 - Control of Plastic Discharges.

10. 2 sets of VHF radios are required.

11. Radar with a minimum range of 39 km (24 miles) is required.

12. Depth sounders: Color scope unit operating in the 38-50 kHz and 150-200 kHz range.

13. A system for switching to battery power for radio operation in the event of interruption of the normal power supply is required.

14. Certificate of documentation.

15. Certificate of inspection (vessel safety examination decal or USCG letter of inspection).

16. 100% of required lifesaving equipment.

17. A hydraulic block capable of retrieving CTDs and plankton nets.

B. CREW REQUIREMENTS

1. The minimum crew shall consist of a Captain and adequate crew for safe operations.

2. The Captain shall have a minimum of 5 years of experience as a captain in Prince William Sound.

3. The Captain shall be competent in the use of modern navigation and fish detecting equipment.

4. The Captain shall have experience working in close proximity to humpback whales.

C. SCIENTIFIC PERSONNEL

1. The Government field party shall consist of 5 scientists.

2. One Government employee will be responsible for compliance with the charter terms, and the conduct and performance of Government personnel aboard the vessel.

D. OPERATING PROCEDURES

1. The Contractor shall provide three (3) nutritionally balanced meals and snacks each charter day.

2. The Government employees and vessel Captain will work together to resolve all problems which occur regarding the charter. In the event the government employees and Captain are unable to resolve any problem which could threaten the safety of the field party, the Government employees will return to port where an acceptable solution will be arranged.

3. The Captain and crew shall exercise due caution and follow safety procedures to help prevent damage or loss of Government gear and equipment. Specific safety procedures may be presented in writing to the Captain by the Government employee. Repair or replacement costs may be deducted from charter payments if loss or damage to Government equipment is the result of negligent disregard of such instructions and procedures.

4. The Contractor shall provide for all operating expenses of the vessel exclusive of communications costs such as use of cellular phones costs to conduct official business which will be reimbursable.

E. SAFETY

1. The vessel Captain is responsible for all matters relating to safety of personnel, the vessel, and equipment operation. The Captain will adhere at all times to Navigational Rules and Rules of the Road whether it be while fishing, running, drifting, or when at anchor. He/she shall review safety procedures and equipment with the scientific party at the beginning of each cruise leg. Reference Clause H.11 - Vessel Safety.

2. The Government will provide U.S. Coast Guard-approved Arctic-type survival suits for all scientific personnel. The contractor shall provide survival suits for vessel crew. Adequate dry, top-side storage for all survival suits shall be provided.

3. The contractor will provide a first-aid kit.

4. All personnel working or being transported in a skiff shall wear a Coast Guard-approved life jacket, float coat, or survival suit.

5. A Category I 406 MHZ EPIRB (Emergency Position Indicating Radio Beacon) must be affixed to the exterior of the vessel in a manner approved by the U.S. Coast Guard.

F. GOVERNMENT-PROVIDED EQUIPMENT AND SUPPLIES

1. All scientific sampling equipment and supplies.

2. The contractor shall purchase fuel.

G. POST-AWARD AND POST-SURVEY MEETINGS

1. Upon award of contract and prior to the start of the charter, a post-award meeting will be held to discuss issues relating to the charter and survey. The date and time of the meeting will be scheduled upon award of the contract. The contractor may attend by telephone conference.

2. After completion of the survey, a post-survey debriefing will be held. The purpose of the debriefing is to provide the charter operator an evaluation of the performance of the vessel and crew during the charter. The meeting will be scheduled upon completion of the survey. The contractor may attend by telephone conference.

H. DESIRED BUT NOT ESSENTIAL SPECIFICATIONS

1. A crew-member with certified first aid or EMT (emergency medical technician) training.

2. A Stability Letter from the vessel's Stability Report, certified by a licensed naval architect/marine engineer, which describes the vessel's stability characteristics.

3. At least one crew member with formal survival and firefighting training equivalent to that offered by the North Pacific Fishing Vessel Owner’s Association is desirable.

IT REQUIREMENTS

This order will not require assignment of a permanent user account, access to DOC data or systems. This contractor will not have access to and will not use any Government hardware, application software, system software, or sensitive data. This service will be performed off-site and there are no related IT requirements.

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 COTR, ACOTR or Contracting Officer. If the contractor will be performing work on a vessel or in a field camp, the government takes no responsibility in event of injury if the contractor has not obtained workman’s compensation insurance.

INVOICE REQUIREMENTS

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 may also be submitted to abl.invoice@noaa.gov

PAYMENT TERMS

All contracts with the Auke Bay Laboratory are net 30 days, unless otherwise specified in Discount Terms of Page 1 of this solicitation. We will make best efforts to make payment to Small Businesses within 15 days, but the Prompt Payment act still applies.

CONTRACT AWARD

The contract will be awarded based best value evaluation, considering the following factors, listed in descending order of importance:

1. Vessel Requirement

2. Crew Requirements

3. Price

Technical Factors (Vessel, Crew, and Non-Essential Specs), when combined, are significantly more important than price.

SUBMISSION OF QUOTES

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

· Completed Standard Form 18 (page 1 & 2) – with pricing and signature.

· Attachment A (herein)

· Written responses to each of the evaluated items listed above (vessel requirements, availability during preferred dates, price, crew requirements, and non-essential specifications).

· Verification that the vendor is registered and active at www.sam.gov.

Supporting documentation including photos, certifications, and schematics may help support requirements. An incomplete response to the requirements or incompletion of the required attachments may be counted against you in the evaluation stage.

Please send required documentation to Heather Mahle at NMFS/Auke Bay Laboratories, 17109 Pt Lena Loop Rd, Juneau, AK 99801, or FAX 907-789-6004, or to Heather.Mahle@noaa.gov. If there are any questions, please submit them via email to Heather.Mahle@noaa.gov. She will contact the requisitioner and/or technical representative for the answer. All responses or correspondence should reference the solicitation number in the Subject line to ensure proper receipt.

PROVISIONS

52.212-3 Offeror Representations and Certifications (FT)

52.212-2 Evaluation—Commercial Items

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

[Contracting Officer shall insert the significant evaluation factors, such as (i) technical capability of the item offered to meet the Government requirement; (ii) price; (iii) past performance (see FAR 15.304); and include them in the relative order of importance of the evaluation factors, such as in descending order of importance.] Technical and past performance, when combined, are __________ [Contracting Officer state, in accordance with FAR 15.304, the relative importance of all other evaluation factors, when combined, when compared to price.]

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

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

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (JAN 2017)

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 located at https://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

(a) Definitions. As used in this provision— “Administrative merits determination” means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Arbitral award or decision” means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Civil judgment” means–

(1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction.

(2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“DOL Guidance” means the Department of Labor (DOL) Guidance entitled: “Guidance for Executive Order 13673, ‘Fair Pay and Safe Workplaces’”. The DOL Guidance was initially published in the Federal Register on August 25, 2016, and significant revisions will be published for public comment in the Federal Register. The DOL Guidance and subsequent versions can be obtained from www.dol.gov/fairpayandsafeworkplaces.

“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.

“Enforcement agency” means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the Occupational Safety and Health Review Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are–

(1) Department of Labor Wage and Hour Division (WHD) for–

(i) The Fair Labor Standards Act;

(ii) The Migrant and Seasonal Agricultural Worker Protection Act;

(iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act;

(iv) 41 U.S.C. chapter 67, formerly known as the Service Contract Act;

(v) The Family and Medical Leave Act; and

(vi) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors);

(2) Department of Labor Occupational Safety and Health Administration (OSHA) for–

(i) The Occupational Safety and Health Act of 1970; and

(ii) OSHA-approved State Plans;

(3) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for–

(i) Section 503 of the Rehabilitation Act of 1973;

(ii) The Vietnam Era Veterans’ Readjustment Assistance Act of 1972 and the Vietnam Era Veterans’ Readjustment Assistance Act of 1974; and

(iii) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity);

(4) National Labor Relations Board (NLRB) for the National Labor Relations Act; and

(5) Equal Employment Opportunity Commission (EEOC) for–

(i) Title VII of the Civil Rights Act of 1964;

(ii) The Americans with Disabilities Act of 1990;

(iii) The Age Discrimination in Employment Act of 1967; and

(iv) Section 6(d) of the Fair Labor Standards Act (Equal Pay Act).

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

(6) 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

(7) 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).

“Labor compliance agreement” means an agreement entered into between a contractor or subcontractor and an enforcement agency to address appropriate remedial measures, compliance assistance, steps to resolve issues to increase compliance with the labor laws, or other related matters.

“Labor laws” means the following labor laws and E.O.s:

(1) The Fair Labor Standards Act.

(2) The Occupational Safety and Health Act (OSHA) of 1970.

(3) The Migrant and Seasonal Agricultural Worker Protection Act.

(4) The National Labor Relations Act.

(5) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act.

(6) 41 U.S.C. chapter 67, formerly known as the Service Contract Act.

(7) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity).

(8) Section 503 of the Rehabilitation Act of 1973.

(9) The Vietnam Era Veterans’ Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974.

(10) The Family and Medical Leave Act.

(11) Title VII of the Civil Rights Act of 1964.

(12) The Americans with Disabilities Act of 1990.

(13) The Age Discrimination in Employment Act of 1967.

(14) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors).

(15) Equivalent State laws as defined in the DOL Guidance. (The only equivalent State laws implemented in the FAR are OSHA-approved State Plans, which can be found at www.osha.gov/dcsp/osp/approved_state_plans.html).

“Labor law decision” means an administrative merits determination, arbitral award or decision, or civil judgment, which resulted from a violation of one or more of the laws listed in the definition of “labor laws”.

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

“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.

“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.

“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.

Note to paragraph (a): By a court order issued on October 24, 2016, the following definitions in this paragraph (a) are enjoined indefinitely as of the date of the order: “Administrative merits determination”, “Arbitral award or decision”, paragraph (2) of “Civil judgment”, “DOL Guidance”, “Enforcement agency”, “Labor compliance agreement”, “Labor laws”, and “Labor law decision”. The enjoined definitions will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(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 (t) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) It □ is, □ is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes 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 □ is, □ is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

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

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

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

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

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

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

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

(e) Certification Regarding Payments to Influence Federal Transactions (31 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:

[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:

(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:

(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.

(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:

(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:

(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…