Attachment G - General Terms and Conditions.pdf

Attachment G

Proposer Instructions: General Terms and Conditions

System for Award Management (SAM) Registration and Universal Identifier Requirements All proposers must be registered in SAM unless exempt per FAR 4.1102, FAR 52.204-7, “System for Award Management” and FAR 52.204-13, “System for Award Management Maintenance” are incorporated into this Broad Agency Announcement (BAA) and have a valid Unique Entity ID (UEI) to receive an award. All proposers must maintain an active and current SAM registration at all times throughout the award process, should they be selected. All proposers are to provide their UEI in each proposal they submit. Registration is FREE. The Government will not ask for payment to register and create an account. Utilize the link to get started https://sam.gov/entity-registration.

International entities can register in SAM by following the instructions incorporated into this attachment.

Content and Form of Application Submission All submissions, including abstracts, and proposals must be written in English with type not smaller than 12-point font. Smaller font may be used for figures, tables, and charts. All documents submitted must be clearly labeled with the National Oceanic and Atmospheric Administration (NOAA) BAA number, proposer organization, and proposal title/proposal short title. All monetary references in the proposal shall be in U.S. Dollars. Please review the BAA for instructions.

Electronic Invoicing and Payments Awardees will be required to submit invoices for payment electronically via Invoice Processing Platform (IPP), accessed through https://www.ipp.gov/, unless an exception applies.

If the Contractor is unable to comply with the requirement to submit payment requests through the IPP due to a threat to national security; a matter of unusual or compelling urgency; or because the political, financial, or communications infrastructure of a foreign country does not support access to the IPP, the Contractor must request an exception in writing. Contact the Contracting Officer (CO) for more information about requesting an exception.

Electronic and Information Technology All electronic and information technology acquired or created through a BAA must satisfy the accessibility requirements of Section 508 of the Rehabilitation Act (29 U.S.C. § 749d) and Federal Acquisition Regulation (FAR) 39.2.

Patent Reports and Notifications All resultant awards will contain a mandatory requirement for patent reports and notifications to be submitted electronically through i-Edison.

Review of Proposals NOAA will conduct a scientific/technical review of each conforming proposal. Conforming proposals comply with all requirements detailed in this solicitation; proposals that fail to do so may be deemed non-conforming and may be removed from consideration. Proposals will not be https://sam.gov/entity-registration https://www.nist.gov/iedison evaluated against each other since they are not submitted in accordance with a common work statement. NOAA’s intent is to review proposals as soon as possible after they arrive; however, proposals may be reviewed periodically for administrative reasons.

Award(s) will be made to proposers whose proposals are determined to be the most advantageous to the Government, consistent with instructions and evaluation criteria specified in the BAA herein, and availability of funding.

Handling of Source Selection Information NOAA will treat all submissions as source selection information (see FAR 2.101 and 3.104), and to disclose their contents only for the purpose of evaluation. Restrictive notices notwithstanding, during the evaluation process, submissions may be handled by support contractors for administrative purposes and/or to assist with technical evaluation. All NOAA support contractors performing this role are expressly prohibited from performing NOAA-sponsored technical research and are bound by appropriate nondisclosure agreements. Subject to the restrictions set forth in FAR 37.203(d), input on technical aspects of the proposals may be solicited by NOAA from non-Government consultants/experts who are strictly bound by the appropriate non-disclosure requirements.

Offerors are advised that the Government may utilize the Contractors and/or Consultants listed below to assist in the evaluation of the proposals for this acquisition as non-voting subject matter experts. These Contractors/Consultants will have access to any and all information submitted by Offerors, and will be subject to the restrictions contained in the following clauses: Commerce Acquisition Regulations (CAR) 1352.209- 71 – Limitation of Future Contracting; CAR 1352.209- 72 – Restrictions Against Disclosure; CAR 1352.209-74 – Organizational Conflict of Interest; and FAR Clause 52.203-16 – Preventing Personal Conflicts of Interest. The companies/organizations employing the subject Contractors/Consultants are also required to comply with these same confidentiality restrictions. All federal and non-federal personnel participating in the evaluation of this acquisition will have executed Non-Disclosure Agreements.

M2 Company Information MITRE Company Information

The Offeror agrees, by its submission of a response to the solicitation, to have its proposal reviewed by these Contractors/Consultants for the purpose of providing technical or cost/price analysis to the Government unless the Offeror provides objections to such disclosure as follows: The Offeror shall (1) submit the objection in writing to the Contracting Officer at least five (5) days prior to the date set for receipt of the proposals; and (2) include a detailed statement of the basis for the objection.

Award Information NOAA anticipates multiple awards. The level of funding for individual awards made under this BAA will depend on the quality of the proposals received and the availability of funds. Awards will be made to proposers whose proposals are determined to be the most advantageous to the Government, all evaluation factors considered.

The Government reserves the right to:

• select for negotiation all, some, one, or none of the proposals received in response to this solicitation;

• make awards without discussions with proposers;

• conduct discussions with proposers if it is later determined to be necessary;

• segregate portions of resulting awards into pre-priced options;

• accept proposals in their entirety or select only portions of proposals for award;

• fund awards in increments with options for continued work at the end of one or more phases;

• request additional documentation once the award instrument has been determined (e.g., representations and certifications); and

• remove proposers from award consideration should the parties fail to reach agreement on award terms within a reasonable time or the proposer fails to provide requested additional information in a timely manner.

Proprietary Information Proposers are responsible for clearly identifying proprietary information. Submissions containing proprietary information must have the cover page and each page containing such information clearly marked with a label such as “Proprietary” or “Company Proprietary.” NOTE:

“Confidential” is a classification marking used to control the dissemination of U.S. Government National Security Information as dictated in Executive Order 13526 and should not be used to identify proprietary business information.

Organizational Conflicts of Interest Proposers shall identify and disclose all facts relevant to potential Organizational Conflicts of Interest (OCI), involving the proposer’s organization, and any proposed team member (subawardee, consultant) in accordance with FAR 9.5. The proposer is responsible for providing this disclosure with each proposal submitted to the solicitation. The disclosure must include the proposer’s, and as applicable, proposed team member’s OCI mitigation plan. The OCI mitigation plan must include a description of the actions the proposer has taken, or intends to take, to prevent the existence of conflicting roles that might bias the proposer’s judgment and to prevent the proposer from having unfair competitive advantage. The OCI mitigation plan will specifically discuss the disclosed OCI in the context of each of the OCI limitations outlined in FAR 9.505-1 through FAR 9.505-4.

Government Procedures In accordance with FAR 9.503, 9.504 and 9.506, the Government will evaluate OCI mitigation plans to avoid, neutralize or mitigate potential OCI issues before award and to determine whether it is in the Government’s interest to grant a waiver. If the Government determines to grant a waiver, it will be processed after careful review of the mitigation plan. The Government will only evaluate OCI mitigation plans for proposals that are determined selectable under the solicitation evaluation criteria and funding availability.

The Government may require proposers to provide additional information to assist the Government in evaluating the proposer’s OCI mitigation plan.

If the Government determines that a proposer failed to fully disclose an OCI; or failed to provide the affirmation of NOAA support as described above; or failed to reasonably provide additional information requested by the Government to assist in evaluating the proposer’s OCI mitigation plan, the Government may reject the proposal and withdraw it from consideration for award.

Publication Restrictions on Non-Fundamental Research Fundamental research is defined as follows:

“Fundamental research” means basic and applied research in science and engineering, the results of which ordinarily are published and shared broadly within the scientific community, as distinguished from proprietary research and from industrial development, design, production, and product utilization, the results of which ordinarily are restricted for proprietary or national security reasons.

The following clause or similar language will be included in all awards where the resultant research will not be considered fundamental research and there will be restrictions on publication:

There shall be no dissemination or publication, except within and between the contractor and any subcontractors, of information developed under this contract or contained in the reports to be furnished pursuant to this contract without prior written approval of NOAA. All technical reports will be given proper review by appropriate authority to determine which distribution statement is to be applied prior to the initial distribution of these reports by the contractor.

When submitting material for written approval for open publication, the contractor/awardee must submit a request for public release to NOAA and include the following information: (1) Document Information: document title, document author, short plain-language description of technology discussed in the material (approx. 30 words), number of pages (or minutes of video), and document type (e.g., briefing, report, abstract, article, or paper); (2) Event Information: event type (conference, principal investigator meeting, article, or paper), event date, desired date for NOAA’'s approval; (3) contract number; and (4) Contractor/Awardee's Information: POC name, e-mail, and phone. Allow three weeks for processing. Due dates under three weeks require a justification.

Unusual electronic file formats may require additional processing time. Requests may be sent either via email to the CO and Contracting Officer’s Representative (COR).

Agency Level Protests For information concerning agency level protests, please contact Jennifer Hildebrandt at jennifer.hildebrandt@noaa.gov. Please ensure to copy the mailbox address referenced in the solicitation related to the effort you are inquiring about.

Subawardee Proposals The awardee is responsible for compiling and providing all subawardee proposals for the CO, as applicable. Subawardee proposals should include Interdivisional Work Transfer Agreements (ITWA) or similar arrangements. Where the effort consists of multiple portions which could reasonable be partitioned for purposes of funding, these should be identified as options with separate cost estimates for each. All proprietary subawardee proposal documentation, prepared at the same level of detail as that required of the awardee’s proposal and which cannot be uploaded with the proposed awardee’s proposal, shall be provided to the Government either by the awardee or by the subawardee organization when the proposal is submitted.

Scientific Integrity and Research Misconduct

As prescribed in 1330-03.7001(a) Scientific Integrity and Research Misconduct, please insert the following solicitation and contract language:

SCIENTIFIC INTEGRITY AND RESEARCH MISCONDUCT (OCT 2012)

(a) Definitions. As used in this solicitation and contract language – Scientific activities mean activities that involve inventorying, monitoring, observations, experimentation, study, research, integration, modeling, and scientific assessment.

Scientific integrity means the condition resulting from adherence to professional values and practices when conducting and applying the results of science that ensures objectivity, clarity, and reproducibility, and that provides insulation from bias, fabrication, falsification, plagiarism, interference, censorship, and inadequate procedural and information security.

Presentation of scientific activities results includes the analysis, synthesis, compilation, or translation of scientific information and data into formats for the use of the Department of Commerce or the United States of America.

Scientific and Research Misconduct means fabrication, falsification, or plagiarism in proposing, performing, or reviewing scientific and research activities, or in the products or reporting of the results of these activities. It specifically includes intentional circumvention of the integrity of the scientific and research process and actions that compromise that process, but does not include honest error or differences of opinion.

Investigation is formal collection and evaluation of information and facts to determine if scientific or research misconduct can be established, to assess its extent and consequences, and to recommend appropriate action.

(b) General Guidelines

1. Maintaining Integrity. The contractor shall maintain the scientific integrity of research performed pursuant to this contract award including the prevention, detection, and remediation of research misconduct, and the conduct of inquiries, investigations and adjudication of allegations of research misconduct.

2. In performing or presenting the results of scientific activities under the contract, and in responding to allegations of scientific and research misconduct, the contractor shall comply with https://docs.google.com/document/d/1Zw0RHRzwCP5kINoLmLUPugLBqsY8ydTpebkFCAdDHKU/edit#bookmark=id.59xgotjir4wp the solicitation and contract language herein and NOAA Administrative Order (NAO) 202-735D, Scientific Integrity, and its Procedural Handbook, including any amendments thereto.

3. Primary Responsibility. The contractor shall have the primary responsibility to prevent, detect, and investigate allegations of scientific and research misconduct. Unless otherwise instructed by the contracting officer, the contractor shall promptly conduct an initial inquiry into any allegation of such misconduct and may rely on its internal policies and procedures, as appropriate, to do so.

4. By executing this contract, the contractor provides its assurance that it has established an administrative process for performing an inquiry, investigating, and reporting allegations of scientific and research misconduct; and that it will comply with its own administrative process for performing an inquiry, investigation and reporting of such misconduct.

5. The contractor shall insert the substance of this requirement in subcontracts at all tiers that involve research being performed under this contract.

(c) Investigating Misconduct Research

1. Initiating Investigation. If the contractor determines that there is sufficient evidence to proceed to an investigation, it shall notify the contracting officer and, unless otherwise instructed, the contractor shall:

A. Promptly conduct an investigation to develop a complete factual record and an examination of such record leading to either a finding of scientific and research misconduct and an identification of appropriate remedies or a determination that no further action is warranted.

B. If the investigation leads to a finding of scientific and research misconduct, obtain adjudication by a neutral third-party adjudicator. The adjudication must include a review of the investigative record and, as warranted, a determination of appropriate corrective actions and sanctions.

2. Finalizing Investigation. When the investigation is complete, the contractor shall forward to the contracting officer a copy of the evidentiary record, the investigative report, any recommendations made to the Contractor’s adjudicating official, the adjudicating official’s decision and notification of any corrective action taken or planned, and the subject’s written response (if any).

(d) Findings and Corrective Actions

1. If the contractor finds that scientific and research misconduct has occurred, it shall assess the seriousness of the misconduct and its impact on the research completed or in process and shall:

i.Take all necessary corrective actions, which includes, but are not limited to, correcting the research record, and, as appropriate, imposing restrictions, controls, or other parameters on research in process or to be conducted in the future, and ii.Coordinate remedial action with the contracting officer.

http://www.corporateservices.noaa.gov/ames/administrative_orders/chapter_202/202-735-D.html

(e) Department of Commerce Actions

1. The Department of Commerce may accept the Contractor’s findings or proceed with its own investigation, in which case the contractor shall fully cooperate with the investigation. The contracting officer will inform the contractor of the Department’s final determination.

2. The Department of Commerce reserves the right to pursue such remedies and other actions as it deems appropriate, consistent with the terms and conditions of the contract and applicable laws and regulations. Such remedies and actions may include, but are not limited to, disallowance of costs, recoupment of contract payments, and suspension or debarment.

NOTICE OF POST-GOVERNMENT EMPLOYMENT RESTRICTIONS

By submission of an offer in response to a NOAA solicitation or acceptance of a contract, the contractor acknowledges the restriction on current NOAA employees regarding contact with offerors regarding prospective employment and the corresponding obligations for contractors who engage them. The contractor further acknowledges that it has provided notice to former NOAA employees who will provide service to NOAA under the contract of post-Government employment restrictions that apply to them. Such restrictions include, but are not limited to, those set forth in:

(a) 41 U.S.C. § 2103 regarding contacts between a Federal employee working on a procurement and an offeror about prospective employment;

(b) 18 U.S.C. § 207 regarding the restrictions on former Federal employees having contact with a Federal agency on behalf of another person or entity concerning a specific party matter with which the former employee was involved as a Federal employee or for which the former Federal employee had official responsibility;

(c) 18 U.S.C. § 207 regarding the restrictions on former senior employees and senior political employees from having contact with his former Federal agency on behalf of another person or entity concerning any official matter; and

(d) 41 U.S.C. § 2104 regarding the restrictions on a former Federal employee involved in an acquisition over $10,000,000 from accepting compensation from a contractor. (End of solicitation and contract language).

NOAA SEXUAL ASSAULT AND SEXUAL HARASSMENT PREVENTION AND

RESPONSE POLICY

In accordance with NOAA Administrative Order (NAO) 202-1106, NOAA Sexual Assault and Sexual Harassment Prevention and Response Policy, it is the policy of NOAA to maintain a work environment free from sexual assault and sexual harassment. NOAA prohibits sexual assault and sexual harassment by or of any employee, supervisor, manager, contractor, vendor, affiliate, or other individual with whom NOAA employees come into contact by the virtue of their work for

NOAA.

http://www.corporateservices.noaa.gov/ames/administrative_orders/chapter_202/202-1106_SASH.pdf http://www.corporateservices.noaa.gov/ames/administrative_orders/chapter_202/202-1106_SASH.pdf

(a) Definitions.

Contractor Employees - The term “contractor employees,” as used in this solicitation and contract language, refers to employees of the prime contractor or its subcontractors, affiliates, consultants, or team members.

Sexual Assault - The term sexual assault, as used in this solicitation and contract language, means any conduct proscribed by state or federal sexual abuse laws, including, but not limited to, those defined in chapter 109A of title 18 of the U.S. Code (sexual abuse), and assaults committed both by offenders who are strangers to the victim and by offenders who are known or related by blood or marriage to the victim.

Sexual Harassment - As defined by the Equal Employment Opportunity Commission, sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964.

It includes unwelcome sexual advances, requests for sexual favors, and other verbal, non-verbal, or physical conduct of a sexual nature when any of the following are true:

• Submission to such conduct is made either explicitly or implicitly as a term or condition of an individual's employment;

• Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual;

• The conduct unreasonably interferes with an individual's work performance or creates an intimidating, hostile, or offensive working environment.

The main characteristics of sexual harassment are that the harasser's conduct is targeted against the recipient’s sex, gender identity, or sexual orientation, and is unwelcome to the recipient. It may include, but is not limited to: offensive jokes, slurs, epithets or name calling, undue attention, physical assaults or threats, unwelcome touching or contact, intimidation, ridicule or mockery, insults or put-downs, constant or unwelcome questions about an individual's identity, and offensive objects or pictures.

(b) Requirements.

1. It is the responsibility of the contractor to ensure that contractor employees maintain the highest degree of conduct and standards in performance of the contract. In support of this, NOAA urges its contractors to develop and enforce comprehensive company policy addressing sexual assault and sexual harassment.

2. The contractor shall include wording substantially the same as this solicitation and contract language in every subcontract so that it is binding upon each subcontractor.

3. If a contractor employee observes or is the object of sexual assault or sexual harassment, he or she is highly encouraged to report the matter, as soon as possible, to their immediate supervisor, the COR, subset of the COR (e.g. Task Manager or Assistant COR), or CO if a COR is not assigned to the contract. The contract employee may also contact the NOAA Civil Rights Office to obtain guidance on reporting instances of sexual assault or sexual harassment. If deemed necessary, the contractor employee may also report such instances to local law enforcement. In the case where the incident occurs while performing at a remote location, such as at sea or in the field (at a field camp or other isolated location) where the above referenced individuals are unavailable, the contractor employee should follow the reporting procedure set forth in NAO 202-1106, Section 6.07, Reporting from Remote Locations.

4. Swift reporting allows NOAA and the contractor to take the appropriate measures to ensure that offensive behavior stops and the complainants’ needs are addressed.

5. The COR (if assigned), CO, and contractor, where applicable, will work together to ensure appropriate action is taken in accordance with applicable laws and regulations, contract terms and conditions, and the contractor’s written policy (where applicable).

6. The contractor shall provide all contractor employees assigned to perform under this contract with mandatory sexual assault and sexual harassment prevention and response training in compliance with the requirements of NAO 202-1106, Section 5, Prevention Training and Awareness, as part of their initial in-processing and on an annual basis thereafter. The initial training shall be completed within business days [30 unless a different number is inserted] of contract award or the date a contractor employee is assigned to perform under the contract, as applicable.

Evidence of initial training by name and date completed for each contractor employee, shall be submitted to the COR or contracting officer (if no COR assigned) within 10 business days of completion.

Evidence of annual training by name and date completed for each contractor employee shall be submitted to the COR or contracting officer (if no COR assigned) no later than March 1st of each calendar year of contract performance.

7. The mandatory sexual assault and sexual harassment training provided by the contractor shall include the required elements set forth by NOAA’s Workplace Violence Program Manager.

A link to the website including the required elements of the training is provided at https://www.noaa.gov/organization/acquisition-grants/noaa-workplace-harassment-training-for-contractors-and-financial. The website will also provide training materials and resources to assist the contractor in conducting the training. The contractor may provide training that solely addresses the NOAA required elements or may supplement existing company sexual assault and sexual harassment training in a manner that ensures all of the elements are adequately addressed.

8. The required elements of the training and resources available to the contractor for the training may be updated by NOAA periodically. The contractor is responsible for monitoring the website and incorporating any changes to the NOAA required elements into the contractor provided training.

https://www.noaa.gov/organization/acquisition-grants/noaa-workplace-harassment-training-for-contractors-and-financial https://www.noaa.gov/organization/acquisition-grants/noaa-workplace-harassment-training-for-contractors-and-financial

9. NOAA’s Workplace Violence Program Manager, COR, or CO may periodically review the contractor’s training outline to ensure all required elements are included and, if necessary, any appropriate adjustments are made to the training by the contractor.

10. Contractor employees performing on assignments in a remote location, such as at a field camp or other isolated locations, are subject to receiving the same briefing on the parameters of the order provided to NOAA employees as set forth in Section 6 of NAO 202-1106.

11. The contractor shall provide a copy of this solicitation and contract language and NAO 202-1106 to contractor employees.

(c) Sexual Assault/Sexual Harassment (SASH) Helpline.

For NOAA employees, affiliates, and contractors who have experienced sexual assault or sexual harassment, NOAA has established the NOAA Sexual Assault/Sexual Harassment (SASH) helpline. This helpline is designed to provide crisis intervention, referrals, and emotional support to those who are victims and/or survivors of sexual harassment or sexual assault within the workplace. Contractor employees may use the helpline to receive live, confidential, one-on-one support in an occurrence of sexual harassment or assault by a Federal Government employee.

All services are anonymous, secure, and available worldwide, 24 hours a day, seven days a week.

The NOAA SASH helpline is accessible through a variety of channels, including:

• Phone: 1-866-288-6558

• Website & Online Chat: https://www.noaasashhelpline.org/

• Mobile App: NOAA SASH Helpline (available via iOS and Android App Stores)

• Text: (202) 335-0265

(d) Confidentiality.

Any party receiving information from the filing of a complaint alleging sexual assault or sexual harassment, or while performing an investigation into such a complaint, shall keep the information confidential. “Confidentiality” means that the information shall only be shared with others who have a need to know the information to conduct their official duties.

(e) Remedies.

In addition to other remedies available to the Government, contractor employee violations of Federal requirements (e.g., law, statutes, executive orders, code, rules, regulations) applicable to sexual assault and sexual harassment and/or failure to complete the mandatory training set forth in this solicitation and contract language, may result in:

1. Requiring the contractor to remove a contractor employee or employees from the performance of the contract;

2. Requiring the contractor to terminate a subcontract;

3. Suspension of contract payments until the Contractor has taken appropriate remedial action;

https://www.noaasashhelpline.org/

4. Termination of the contract for default or cause, in accordance with the termination clause of this contract;

5. Suspension or debarment; or

6. Other appropriate action.

COMPLIANCE WITH U.S. DEPARTMENT OF COMMERCE AND OTHER EXPORT

CONTROL REGULATIONS

(a) In performing this contract, the contractor may engage in activities -- such as transfers or releases of items, technology, software, or source code -- that are subject to U.S. export controls, including, but not limited to, those contained in the DOC Export Administration Regulations (EAR), 15 C.F.R. Parts 730-774, and administered by the Bureau of Industry and Security. The contractor is responsible for compliance with U.S. export controls and associated licensing requirements that may attach to an export or “deemed export,” as defined in Paragraph (b)(1) of this Section. The contractor shall establish and maintain, throughout the period of contract performance, effective export control compliance procedures covering all contractor employees and all of the contractor’s non-NOAA facilities where the contract shall be performed. Failure to establish, maintain, or adhere to such compliance procedures shall constitute grounds for default termination under this contract as well as a breach of contract by the contractor.

(b) Definitions.

1. “Deemed export.” The EAR defines a deemed export as any release of technology or source code subject to the EAR to a foreign national, in the United States. Such release is “deemed” to be an export to the home country of the foreign national. 15 C.F.R § 734.2(b)(2)(ii).

2. “Export-controlled information and technology.” Export-controlled information and technology is information and technology subject to the EAR (15 C.F.R.§ 730 et seq.) or the International Traffic in Arms Regulations (ITAR), 22 C.F.R. §§ 120-130 (ITAR), administered by the Department of State. This category includes, but is not limited to, dual-use items, defense articles, and any related assistance, services, software, source code, or technical data, as defined in the EAR and ITAR.

(c) The contractor shall prevent unauthorized access by foreign nationals to all export-controlled information and technology that it possesses or that comes into its possession in performance of this contract, to ensure that access by a foreign national is restricted, or licensed, as required by applicable Federal laws, Executive Orders, and/or regulations. If access to EAR or ITAR-controlled technology is required by a foreign national, the contractor must obtain appropriate authorization.

(d) Nothing in the terms of this contract is intended to change, supersede, or waive any of the requirements of applicable Federal laws, Executive Orders or regulations.

(e) The contractor shall include this solicitation and contract language, including this paragraph (e), in all subcontracts under this contract.

Quick Start Guide for International Registrations

How to Start Registering an International Entity in SAM.gov

SAM.gov is an official website of the United States government. The government does not charge any money to register or maintain your entity registration in SAM.gov.

Introduction and Definitions

What is an international entity?

“Entities” in SAM.gov are corporations, organizations, partnerships, or individuals that submit information about themselves to the U.S. federal government to be eligible for federal funds through contracts, grants, or other financial assistance.

We use “international entity” in this guide for any entity based outside of the U.S. For a thorough definition of included entities, please see the Code of Federal Regulations, 2 CFR 200.1.

What is SAM.gov?

You can use SAM.gov to become eligible to bid on and receive payment for U.S. federal government contracts or apply for and receive federal financial assistance.

What is an NCAGE code?

Before going to SAM.gov, international entities applying for contracts must obtain a North Atlantic Treaty Organization (NATO) Commercial and Government Entity (NCAGE) code. When you get an NCAGE code, you supply a legal business name and a physical address for your entity. The entity name and address you provide in SAM.gov must match your NCAGE record and entity documentation you may be required to provide to validate your entity.

If you are a new registrant and are only applying for federal assistance from agencies other than the Department of Defense, you do not need an NCAGE code.

What is entity validation?

Entity validation confirms an entityʼs existence, location, and uniqueness, and is required by the Federal Acquisition Regulation (FAR) part 52.204-6. The uniqueness of an entity is based on it being a separate legal entity with a separate physical address.

SAM.gov also verifies that there is no existing record for your entity before you validate. Once your entity is validated, you get a Unique Entity ID.

What is a Unique Entity ID?

SAM.gov assigns a Unique Entity ID to entities when they pass validation. The Unique Entity ID is a 12-character code used in SAM.gov and other federal government systems to identify a unique entity.

Once you have a Unique Entity ID, you can register your entity in SAM.gov.

U. S. General Services Administration 1

Attachment G https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-A/subject-group-ECFR2a6a0087862fd2c/section-200.1#p-200.1(Foreign%20organization) https://eportal.nspa.nato.int/Codification/CageTool/home https://eportal.nspa.nato.int/Codification/CageTool/home https://www.acquisition.gov/far/52.204-6

What is entity registration?

An entity registration allows you to apply directly for U.S. federal government contracts and assistance.

The U.S. federal government only requires registration for contracts and financial assistance that are federally funded. When a U.S. state or territory or any organization gets funds directly from a federal agency, then issues those funds through contracts or financial assistance, the recipients only need a Unique Entity ID.

You must renew your registration annually to keep it active. We recommend that you begin your renewal 45–60 days before your registration expires to have enough time to validate your entity and complete the registration.

What do I need to get started?

Once you have your NCAGE code (if needed), gather the other information you need to validate and register:

● Legal business name and physical address (exactly what you used for your NCAGE code, if you got one)

● National identifier (if applicable)

● Entity start year

● Tax identification number (TIN)–only needed if your entity pays U.S. taxes

● Banking information—only needed if your entity has a U.S. bank account where you want to receive payments

● Information about the types of goods and services you provide

○ NAICS codes (list)

○ Product and service codes (list)

● Entity size (number of employees and worldwide total receipts)

● Entity points of contact

You must supply more information, but it helps to have these details ready before you start. Visit the Get Started page at SAM.gov to view a checklist to help you prepare for registration.

Validate Your Entity You can learn how to validate your entity. You will not be asked to provide a U.S. state of incorporation.

You may be asked for your country of incorporation and a national identifier. See our list of national identifiers by country.

Document Your Entity Sometimes, when validating your entity in SAM.gov, you must document your entityʼs information. If your documentation is not in English, you must also submit a translation with the original documentation.

The translator must certify their translation on each document. We suggest this format, which includes all required information:

U. S. General Services Administration 2

Attachment G https://www.fsd.gov/gsafsd_sp?id=kb_article_view&sysparm_article=KB0058175 https://www.fsd.gov/gsafsd_sp?id=kb_article_view&sysparm_article=KB0058176 https://www.fsd.gov/gsafsd_sp?id=kb_article_view&sysparm_article=KB0059707 https://www.fsd.gov/gsafsd_sp?id=kb_article_view&sysparm_article=KB0059235 https://www.fsd.gov/gsafsd_sp?id=kb_article_view&sysparm_article=KB0041260 https://www.fsd.gov/gsafsd_sp?id=kb_article_view&sysparm_article=KB0038434 https://census.gov/naics https://www.fsd.gov/gsafsd_sp?id=kb_article_view&sysparm_article=KB0036995 https://acquisition.gov/psc-manual https://sam.gov/content/entity-registration https://www.fsd.gov/gsafsd_sp?id=kb_article_view&sysparm_article=KB0058402 https://www.fsd.gov/gsafsd_sp?id=kb_article_view&sysparm_article=KB0060182 https://www.fsd.gov/gsafsd_sp?id=kb_article_view&sysparm_article=KB0060182 https://www.fsd.gov/gsafsd_sp?id=kb_article_view&sysparm_article=KB0055230

Certification by Translator I [insert typed name], certify that I am fluent (conversant) in the English and [insert foreign language] languages, and that the above/attached document is an accurate translation of the document attached entitled [insert translated document name].

[Signature] [Typed Name] [Address] [Certification Date]

Complete Validation If you submit documentation, SAM.gov will email you when you can finish validating.

Choose whether to allow your entity to appear in SAM.gov search results. If you donʼt allow this:

● Your information will be visible to you, other users with a role with your entity, and U.S. federal government users.

● Your information will not be visible to any other users when searching.

● Your information is still available under the U.S. Freedom of Information Act (FOIA) and is included in data extracts and application programming interface (API) data.

Register Your Entity Registering your international entity is the same as registering a U.S. entity for contracts or assistance, with two key exceptions in the Core Data section:

1. You do not need to enter a TIN unless you have U.S. employees or file any U.S. federal taxes.

2. You do not need to enter banking information unless you have a U.S. bank account that you want to use to receive payments.

If you are registering to be eligible to bid on contracts, complete the Assertions, Representations and Certifications, and Points of Contact sections.

If you are registering to be eligible to apply for financial assistance, complete the Financial Assistance Representations and Certifications and the Points of Contact sections.

Entity Roles The person who registers the entity will be assigned the Entity Administrator role. You should assign the same role to at least one other person in your organization to prevent additional paperwork.

To learn more about entity roles, see the Role Management Guide and more information on specific roles and permissions.

U. S. General Services Administration 3

Attachment G https://www.fsd.gov/gsafsd_sp?id=kb_article_view&sysparm_article=KB0058397 https://www.fsd.gov/gsafsd_sp?id=kb_article_view&sysparm_article=KB0017554 https://www.fsd.gov/gsafsd_sp?id=kb_article_view&sysparm_article=KB0017665 https://www.fsd.gov/gsafsd_sp?id=kb_article_view&sysparm_article=KB0029913 https://www.fsd.gov/gsafsd_sp?id=kb_article_view&sysparm_article=KB0029914 https://www.fsd.gov/gsafsd_sp?id=kb_article_view&sysparm_article=KB0056710 https://www.fsd.gov/gsafsd_sp?id=kb_article_view&sysparm_article=KB0016553 https://www.fsd.gov/gsafsd_sp?id=kb_article_view&sysparm_article=KB0016553 https://www.fsd.gov/gsafsd_sp?id=kb_article_view&sysparm_article=KB0029910 https://www.fsd.gov/gsafsd_sp?id=kb_article_view&sysparm_article=KB0029910 https://www.fsd.gov/gsafsd_sp?id=kb_article_view&sysparm_article=KB0016652 https://www.fsd.gov/gsafsd_sp?id=kb_article_view&sysparm_article=KB0050706 https://www.fsd.gov/gsafsd_sp?id=kb_article_view&sysparm_article=KB0040696