B08_SOL_140D0426Q0134_WFDP_LXs_solicitation.pdf
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- Attached to
- OWF FWDP LX Design and Development Federal contract opportunity
- Solicitation number
- 140D0426Q0134
About this file
This is a Request for Quotation (RFQ) for Learning Experience (LX) Design and Development services for the Federal Wildland Fire Workforce Development Program (FWDP) under the Department of the Interior (DOI). The requirement is a 100% Woman-Owned Small Business (WOSB) set-aside with a Labor Hour (LH) standalone purchase order structure. The vendor must design and develop eight to ten asynchronous learning experiences that enhance identified competencies within the federal wildland fire workforce, with each LX requiring one to four student hours of engagement. Services must be completed between contract award and August 31, 2026, with the government anticipating two to four LXs per month and estimating total labor hours at less than or equal to 320 hours. The anticipated award date is March 15, 2026. Quotations are due by 10:00 AM Eastern Time on February 3, 2026, with a quotation expiration date of April 30, 2026. Questions must be submitted by 5:00 PM Eastern Time on January 23, 2026.
The technical requirements specify that all LXs must be newly developed, fully asynchronous and self-paced with no synchronous components, and developed using tools organic to Moodle Workplace, excluding video file creation. The vendor must submit a design document within ten business days of receiving learning objectives, followed by one review cycle. Initial LX development is due within fifteen business days of design approval, with one additional review cycle permitted. Vendors are encouraged to use generative AI tools to maximize efficiency and reduce development time, with disclosure of all prompts and tools used. The requirement includes specific video fidelity standards (MP4 format, 1920x1080 minimum, 30 fps, 5-10 Mbps bitrate) and mandatory closed captions and transcripts. All deliverables must comply with DOI IT Baseline Compliance Guidelines and Section 508 accessibility standards, with vendors providing an Accessibility Conformance Report (ACR) per LX. The NAICS code is 611430 (Professional and Management Development Training, $15M size standard) with PSC U008 (Training/Curriculum Development). The contracting officer is Ali Tsybulevsky, and the quotation must include technical approach (10-page limit), past performance references (three to five contracts from the past 12 months), and detailed pricing with labor categories and rates supported by a Service Contract Act Verification Form.
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RFQ 140D0426Q0134 Learning Experience (LX) Design and Development for the Federal Wildland Fire Workforce Development Program (FWDP)
Table of Contents
SECTION 1 Introduction:
SECTION 2 REQUIREMENT:
1 Order Classification:
2 Award Type:
3 Period of Performance
4 Statement of Work
SECTION 3 ADMINISTRATION:
1 Funding:
2 Contracting Officer’s Authority
3 Points of Contact
Section 4. 52.212-1 Instructions to Offerors—Commercial Products and Commercial Services (SEPTEMBER 2023)
1 Submission of Quote
2 Questions:
3 QUOTATION REQUIREMENTS:
Use and Disclosure of Proposal Information
Cover Sheet of Quote Response
Technical Quote
Past Performance Quote
Price Quote
Additional Information
Section 5. EVALUATION and basis for award
SECTION 6. FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS -
COMMERCIAL ITEMS (FEB 2024) OFFEROR REPRESENTATIONS AND CERTIFICATIONS—
COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JAN 2025) (DEVIATION FEB
2025)
SECTION 7. FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL
PRODUCTS AND COMMERCIAL SERVICES (Nov 2023) W/ADDENDUM
Clause/Provision Tables
7.1 Table of Federal Acquisition Regulation (FAR) Clauses. ______________________________________ 30
7.2 Table of U.S. Department of the Interior Acquisition Regulation (DIAR) Supplement Provisions and Clauses _______________________________________________________________________________ 31
7.3 Clauses and Provisions Included in Full Text
7.3.1 FAR Clauses included in Full Text. _____________________________________________________ 32
FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) __________________________________________________________________ 32 FAR 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders— Commercial Products and Commercial Services (Jan 2025) (DEVIATION FEB 2025) ___________________ 34 52.252-5 Authorized Deviations in Provisions ________________________________________________ 43
(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision. _____ 43
7.3.2 DIAR Clauses included in Full Text. ____________________________________________________ 43 DIAR 1452.201-70 – Authorities and delegations (Sep 2011) ____________________________________ 43 DIAR 1452.215-71 Use and Disclosure of Proposal Information - Department of the Interior (APR 1984) _ 44 DIAR 1452.233-2 Service of Protest. (Jul 1996) (DEVIATION) ____________________________________ 46
7.3.3 IBC AQD Additional Requirements. ____________________________________________________ 46
RFQ Attachment 1 – Service Contract Labor Standards Verification Form
RFQ Attachment 2: Past Performance Template
Statement of Work Attachment 1 DOI IT Baseline Compliance Guidelines
SECTION 1 INTRODUCTION:
This is a combined synopsis/solicitation for commercial products or commercial services prepared in accordance with the format in subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation;
proposals are being requested and a written solicitation will not be issued.
This solicitation is issued as a request for quotation (RFQ).
This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2025-05.
This is a 100% Woman-Owned Small Business Set-Aside.
This requirement is for design and development of eight to 10 learning experiences (LX) for the Department of the Interior (DOI) Office of Wildland Fire (OWF) Wildland Fire Workforce Development Program (FWDP).
Attachments:
Attachment 1 Service Contract Act Verification Form
Attachment 2 Past Performance Template
Statement of Work Attachment 1 DOI IT Baseline Compliance Guidelines
SECTION 2 REQUIREMENT:
1 Order Classification:
This requirement uses the following North American Industrial Classification System (NAICS) and Product Service Code (PSC)
NAICS: 611430 Professional and Management Development Training, size standard $15M
PSC: U008 Training/Curriculum Development
2 Award Type:
This will be a Labor Hour (LH) standalone purchase order.
3 Period of Performance
The Period of Performance is from the date of award – 8/31/2026.
4 Statement of Work
Office of Wildland Fire, Office of the Secretary, DOI
Learning Experience (LX) Design and Development for the Federal Wildland Fire Workforce Development Program (FWDP)
1/15/2026
I. SCOPE
The vendor will provide services to support the design and development of between eight to ten asynchronous LXs that measurably enhance identified competencies within the federal wildland fire workforce. Each LX will require between one to four student hours of engagement.
Hours of student engagement will include time students spend completing application activities, case studies, etc. The design and development will be completed between the award of the Order and August 31, 2026. The Government anticipates requiring two to four LXs per month. The Government estimates that the total number of labor hours involved for this contract will be less than or equal to 320 labor hours.
The Government will specify the desired duration for each LX within the one to four student hour range at the time of assignment.
LXs will be fully asynchronous and self-paced, with no synchronous instructor-led components.
They will include asynchronous interaction (e.g. through Forums, Feedback, Questionnaires, Assignments and other activities within the Moodle Workplace application) with the instructors.
All LXs will be newly developed; they are not revisions of existing courses.
The intended audience consists of members of the federal wildland fire workforce, generally with field experience and varying levels of technical and operational knowledge. Educational backgrounds typically range from high school diploma to advanced degrees in natural resource management or related fields.
II. Attachments
Attachment 1 DOI IT Baseline Compliance Guidelines
III. Tasking
The required tasking and deliverables in this purchase order must include:
1. Actively participate with FWDP staff in meetings and correspondence re: the LX’s as requested by the COR.
2. The vendor must quickly gather potential content based on the learning objectives. The use of newer tools and applications is preferred in order to promote efficiency. The Government will provide all terminal and enabling learning objectives and some source content (e.g., reference documents, sample assessments) for each LX. The vendor is responsible for developing most instructional content and media assets. LXs should include interactive elements beyond static content, such as scenario-based activities, guided exploration, and application exercises. Gamification is optional but encouraged where appropriate. Each LX may include video segments; the Government anticipates video content will comprise approximately 10–25% of total learner engagement time, though this may vary by topic.
3. The LXs must be developed using tools organic to Moodle Workplace, other than the creation of video files. The vendor is encouraged to use generative AI tools to maximize efficiency, reduce development time and streamline instructional design and development. If the vendor uses generative AI, then upon request the vendor must provide the government a list of generative AI tools as well as any prompts used to generate the development of content for the LXs. The prompts and any work products created during the development of each LX, as well as the LXs themselves, must become the property of the Government, in accordance with FAR 52.227-14 Rights in Data- General.
If generative AI tools are used, the vendor must disclose the final prompts and tools used for content creation for each LX. Disclosure applies to text, media, and voice generation tools.
The Government permits the use of Moodle-compatible plugins such as H5P for interactive content. Any additional tools or integrations must be approved by the COR prior to implementation.
The vendor will be provided access to the Government’s Moodle Workplace development environment, including sandbox and staging areas, with appropriate permissions for course creation and testing.
4. Submission of a design document is required, in accordance with the vendor’s quote, prior to any development, that describes the types of activities and resources that will be included in each LX. In lieu of a design document, the vendor may use the government’s Moodle Workplace development site to create a course shell with placeholders for a description of activities and resources that will be included in the LX.
The design document is due within 10 business days of receiving the LX terminal and enabling learning objectives from the COR. The Government will provide feedback within 5 business days.
5. Make revisions to the design document or the Moodle Workplace design course shall be based on one review cycle. The final design document will be provided within five business days of receiving the Government’s input.
The Government will provide one review cycle for the design document and one review cycle for the developed LX. Feedback will be provided within five business days for each review stage.
6. Develop assessment and application activities that are similar to sample assessment and application activities the government will provide upon award of the contract.
Assessment activities primarily consist of eight to ten Likert scale questions that students use to self-assess their competency in the LX subject matter. Application activities primarily consist of three to five questions the students respond to that identify how they plan to apply the learning, and an additional three to five questions that students respond to that have them reflect on what they learned from completing the application activity. Initial development of each LX should be fully accomplished within 15 business days of receiving the Government’s approval of the final design document
7. Develop learning activities for each LX that teach the students the key concepts needed to achieve the learning objectives of that LX.
8. Make revisions to the development of each LX based on one review cycle. The final developed LX is due within 10 business days after receiving the Government’s signoff on the initial LX development.
9. LX Design and Development Schedule Summary:
Step
COR provides Vendor terminal learning objectives (TLOs) and enabling learning objectives (ELOs) for LX
Day 0
Step
Vendor submits LX Design Document for Government Review
Within 10 business days of Step 1
Step
Government provides LX Design Document Feedback Within 5 business days Step 2
Step
Vendor submits Final Design Document Within 5 business days of Step 3
Step
Vendor submits Developed LX for Review Within 15 business days of Step 4
Step
Government provides Developed LX Feedback Within 5 business days of Step 5
Step
Vendor submits Final Developed LX Within 10 business days of Step 6
Total Cycle Time ≤50 business days
10. Before the end of the period of performance, the vendor must submit an Accessibility Conformance Report (ACR) per LX certifying the LX deliverables’ conformance with Section 508 compliance in accordance with the requirements at Accessibility Conformance Report (ACR) | Section508.gov.
11. All deliverables must be in conformance with the standards in Attachment 1 DOI IT Baseline Compliance Guidelines, including the requirement to be fully compliant with Section 508.
12. Video Fidelity Requirements:
1. File Format
Format: MP4 (H.264 codec)
Container: .mp4
Audio Codec: AAC
2. Resolution
Standard: 1920x1080 (Full HD)
Minimum Acceptable: 1280x720 (HD) — only for screen recordings or low-bandwidth modules
Optional: 4K (3840x2160) for flagship content, if justified and approved
3. Frame Rate
Standard: 30 fps
Acceptable Range: 24–30 fps depending on animation or motion style
4. Bitrate
Target Bitrate: 5–10 Mbps for 1080p
Minimum Bitrate: 3 Mbps for 720p
Audio Bitrate: 128–192 kbps
5. Audio Quality
Voice Clarity: Clean, intelligible, and free of background noise
Voice Type: Human or AI-generated voice must be natural-sounding and appropriate for the audience
Volume Normalization: Consistent across all modules
6. Accessibility
Captions: Required (closed captions in .vtt or .srt format)
Transcript: Required for each video
Visual Contrast: Must meet WCAG 2.1 AA standards
For large video files, the vendor must use a secure, Government-approved file transfer method (e.g., secure FTP or DOI-approved platform) to ensure compliance with IT security requirements.
The anticipated award date for this contract is March 15, 2026.
SECTION 3 ADMINISTRATION:
1 Funding:
Funding is available. This requirement will be fully funded.
2 Contracting Officer’s Authority
An AQD Contracting Officer is the only person authorized to make or approve any changes in any of the requirements of this Order and notwithstanding any provisions contained elsewhere in this Order, the said authority remains solely in the Contracting Officer. In the event the contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the Order terms and conditions, including price.
3 Points of Contact
Contracting Officer:
Ali Tsybulevsky
Phone: 703-964-3682
Email: Alexandra_tsybulevsky@ibc.doi.gov
Acquisition Services Directorate
Interior Business Center
Office of the Secretary
U. S. Department of the Interior
381 Elden Street, Suite 4000
Herndon, VA 20170-4817
Contracting Officer’s Representative
*To be identified at order award
Contractor
*To be identified at order award
SECTION 4. 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES (SEPTEMBER 2023)
The following are provided as additional instructions tailored to the specific acquisition in accordance with FAR 12.301(b)(1) and FAR 12.302:
1 Submission of Quote
All quotations must be emailed to the Contracting Officer on or before 10:00 AM Eastern Time, 2/3/2026. Quotations submitted by any other method or past the cutoff date and time may not be considered. It is the Quoter’s responsibility to read the RFQ and all related documents carefully, and to ensure/verify that the Government receives its submission on or before this date and time.
2 Questions:
If you have questions regarding this requirement, please submit your inquiries via email to the Contracting Officer no later than 5:00 PM Eastern Time, 1/23/2026. Questions submitted by any other method or past the cutoff date and time may not be considered.
3 QUOTATION REQUIREMENTS:
Use and Disclosure of Proposal Information
Your quote shall include the restriction of disclosure and applicable markings as indicated in DIAR 1452.215-71 -- Use and Disclosure of Proposal Information—Department of the Interior (APR 1984) – Reference the terms and conditions section of this RFQ. If your quote does not contain the applicable markings, it will be considered releasable in accordance with the Freedom of Information Act (5 U.S.C. 552).
Cover Sheet of Quote Response
1) Unique Entity ID (UEI)
2) Complete Business Mailing Address
3) Contact Name
4) Contact Name Title
5) Contact Phone
6) Contact Email Address
7) Quotation Date
8) Quotation Expiration date of 4/30/2026
9) RFQ Number
10) Delivery lead times and delivery date
DO NOT electronically embed files or documents into the quote or your cover letter. All documents shall be clearly visible and made part of your quote response as a specific page, or attachment.
DO NOT reference an electronic file for the Government to search out – ALL documents shall be included in your quote.
Technical Quote
Technical quote must contain the following:
1) Technical approach: The quoter must address its technical approach to the entirety of the requirements in the SOW, including the quoter’s ability to perform tasks and activities, experience in leading and executing similar requirements, experience with native Moodle learning activities, creativity and thoroughness, methods and techniques, anticipated risks and constraints, feasible solutions to problems, and planned execution of the project to include all deliverables. Special emphasis should be made on innovative methods that generate cost savings, including generative AI.
Page limit – 10 pages
2) FAR 52.212-3 -- Offeror Representations and Certifications -- Commercial Products and Commercial Services (Jan 2025) (Deviation Feb 2025): If the Quoter has completed the annual representations and certification electronically in SAM, accessed through https://www.sam.gov, the Quoter shall state in their quote that representations and certifications are on file in SAM. The Quoter shall complete only paragraph (b) of 52.212-3 and submit the completed representation and certification here.
If the Quoter has not completed the annual representations and certifications in SAM, the Quoter shall include in their quote all completed representations and certifications required by this solicitation.
3) Technical Assumptions, Conditions, or Exceptions: Quoters must submit all (if any) technical assumptions, conditions, or exceptions with any of the terms and conditions of this RFQ. If not explicitly stated in your quote, or if the quoter simply includes links to terms and conditions listed on the vendor’s website or contained elsewhere, it will be assumed that the quoter proposes no assumptions for award and agrees to comply with all of the terms and conditions as set forth herein. It is not the responsibility of the Government to seek out and identify assumptions, conditions, or exceptions buried within the quoter’s quote. Accordingly, any assumptions listed in any other volume or section or included via a link rather than being explicitly stated in the quote will be considered null and void.
Past Performance Quote
1) Provide three to five contracts that demonstrate recency, relevancy, and quality past performance performed in the past 12 months, using Attachment 2 Past Performance Template. The submittal shall include rationale supporting your assertion of relevance and how it was determined that the work performed previously was the same or similar in nature, size and complexity to the work specified by this solicitation. Quoters are required to explain what aspects of the contracts are deemed relevant to the proposed effort, and to what aspects of the proposed effort they relate. Discuss in detail the quality in performance of each identified relevant contract.
2) If more than five contracts are submitted in this section, the Government shall only review the first five. Any additional contracts submitted will not be evaluated.
Price Quote
Price Quote must contain the following:
1) Labor categories, labor rates, and total for each labor category in the quoted labor mix, as well as the total order amount that includes all quoted pricing elements.
2) Price narrative that explains all quoted pricing elements, including a discussion of the labor mix, level of effort, labor rates, how the FTE support level was derived, and any other factors that were involved in the development and buildup of the proposed price
3) The completed Attachment 1 Service Contract Act Verification Form.
4) The Government reserves the right to request any additional supporting documentation to support the quoted prices as fair and reasonable
5) Price Assumptions, Conditions, or Exceptions: Quoters must submit all (if any) technical assumptions, conditions, or exceptions with any of the terms and conditions of this RFQ. If not explicitly stated in your quote, or if the quoter simply includes links to terms and conditions listed on the vendor’s website or contained elsewhere, it will be assumed that the quoter proposes no assumptions for award and agrees to comply with all of the terms and conditions as set forth herein. It is not the responsibility of the Government to seek out and identify assumptions, conditions, or exceptions buried within the quoter’s quote. Accordingly, any assumptions listed in any other volume or section or included via a link rather than being explicitly stated in the quote will be considered null and void.
Additional Information
1) Quoters are required to be registered in the System for Award Management (SAM) at www.sam.gov as of the date the quotation is submitted. The quoter’s SAM registration shall be in “active” status and must remain active through contract award, contract performance, and expiration of the contract, without a break in the contractor’s active status.
System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in agency solicitations, including 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals—Representation, and paragraph (t) of 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services. Agencies will not consider or use these representations. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.
2) Quotations that do not meet all the minimum requirements specified in this RFQ may not be considered.
3) The government reserves the right to request additional information as may be necessary to determine the prospective quoter’s qualifications for an award or to clarify any aspects of their submissions. Such information shall be furnished promptly upon the government’s request.
End of Section 52.212-1
SECTION 5. EVALUATION AND BASIS FOR AWARD
This section is in lieu of FAR 52.212-2 Evaluation-Commercial Products and Commercial Services.
The Government anticipates awarding a purchase order resulting from this RFQ to the responsible quoter whose quote conforming to this RFQ will be most advantageous to the Government, price and non-price factors considered.
The Government reserves the right not to make an award resulting from this solicitation. This is an RFQ only and in no way obligates the Government to award a purchase order or to reimburse the contractor for any costs incurred in preparing the response to this RFQ.
The Government will use a trade-off process to make an award decision and may make an award to other than the lowest price quoter or other than the highest technically rated quoter.
The evaluation factors will include Technical, Past Performance, and Price. Technical and Past Performance are weighted equally and are slightly more important than Price when combined.
The degree of importance of price as a factor in determining award could become greater depending upon the equality of the quotes evaluated in the non-price factors. The greater the equality of quotes within the non-price factors, the more important price becomes in selecting the best value to the Government
Technical:
The technical quotation will be evaluated based on the following factors:
1) Technical Approach: Extent to which the Quoter demonstrates an understanding of the requirements and goals set forth in the SOW, including ability to perform tasks and activities, experience in leading and executing similar requirements, experience with native Moodle learning activities, creativity and thoroughness, methods and techniques, anticipated risks and constraints, feasible solutions to problems, and planned execution of the project to include all deliverables. Preference will be given to innovative methods that generate cost savings, including generative AI.
2) Technical Assumptions, Conditions, Or Exceptions will be evaluated for risk. Please note that even one Price Assumption, Condition, Or Exception may render the quote unacceptable and result in removal from competition.
Past Performance:
The Past Performance evaluation will assess the relative risks associated with a quoter’s likelihood of success in performing the SOW requirements as indicated by that quoter’s record of past performance. Performance risk is assessed based on the Quoter’s recent, relevant, and quality past performance over the last 12 months. Quoters are cautioned that in conducting the past performance evaluation, the Government may use data provided in the quoters quote and data obtained from other sources, including but not limited to the Contractor Performance Assessment Reporting System (CPARS) or similar systems. Past performance will also be evaluated based on the degree to which the quote complies with the solicitation requirements, including the use of Attachment 2 Past Performance Template.
1) To be recent, the effort must be ongoing or must have been performed during the past 12 months from the date of issuance of this solicitation. Past performance information that fails this condition will not be evaluated.
2) To be relevant, the effort must be similar in nature of work, size and complexity to the requirements of the SOW.
3) Quality is defined as the customer’s level of satisfaction with the vendor’s performance.
Price:
The price quotation will be evaluated based on the following factors.
1) The extent to which the price quote is commensurate with quoter’s technical response and whether the total price quoted is reasonable. This includes a discussion of the labor mix, level of effort, labor rates, how the FTE support level was derived, and any other factors that were involved in the development and buildup of the quoted price.
2) The extent to which the quoter’s price quote follows directions of the RFQ and includes the information as specified in the RFQ. This also includes providing a signed copy of the Service Contract Act (SCA) Verification.
3) Price Assumptions, Conditions, Or Exceptions will be evaluated for risk. Please note that even one Price Assumption, Condition, Or Exception may render the quote unacceptable and result in removal from competition.
SECTION 6. FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS - COMMERCIAL
ITEMS (FEB 2024) OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL
PRODUCTS AND COMMERCIAL SERVICES (JAN 2025) (DEVIATION FEB 2025)
The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.
(a) Definitions. As used in this provision—
Covered telecommunications equipment or services has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.
Forced or indentured child labor means all work or service—
(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or
(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.
Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror.
No entity owns or exercises control of the highest level owner.
Immediate owner means an entity, other than the offeror, that has direct control of the offeror.
Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.
Inverted domestic corporation, means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
Manufactured end product means any end product in product and service codes (PSCs) 1000- 9999, except—
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.
Reasonable inquiry has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended."Sensitive technology"—
Sensitive technology—
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3)of the International Emergency Economic Powers Act ( 50 U.S.C. 1702(b)(3)).
Service-disabled veteran-owned small business (SDVOSB) concern means a small business concern—
(1)
(i) Not less than 51 percent of which is owned and controlled by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran; or
(2) A small business concern eligible under the SDVOSB Program in accordance with 13 CFR part 128 (see subpart 19.14).
(3) Service-disabled veteran, as used in this definition, means a veteran as defined in 38 U.S.C.
101(2), with a disability that is service connected, as defined in 38 U.S.C. 101(16), and who is registered in the Beneficiary Identification and Records Locator Subsystem, or successor system that is maintained by the Department of Veterans Affairs’ Veterans Benefits Administration, as a service-disabled veteran.
Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB Program means an SDVOSB concern that—
(1) Effective January 1, 2024, is designated in the System for Award Management (SAM) as certified by the Small Business Administration (SBA) in accordance with 13 CFR 128.300; or
(2) Has represented that it is an SDVOSB concern in SAM and submitted a complete application for certification to SBA on or before December 31, 2023.
Service-disabled veteran-owned small business (SDVOSB) Program means a program that authorizes contracting officers to limit competition, including award on a sole-source basis, to SDVOSB concerns eligible under the SDVOSB Program.
Small business concern—
(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.
(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.
Small disadvantaged business concern, consistent with 13 CFR 124.1001, means a small business concern under the size standard applicable to the acquisition, that—
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by—
(i) One or more socially disadvantaged (as defined at13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States;
and
(ii) Each individual claiming economic disadvantage has a net worth not exceeding the threshold at 13 CFR 124.104(c)(2) after taking into account the applicable exclusions set forth at 13 CFR124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.
Subsidiary means an entity in which more than 50 percent of the entity is owned—
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation
Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.
Veteran-owned small business concern means a small business concern—
(1) Not less than 51 percent of which is owned and controlled by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
Women-owned business concern means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women
Women-owned small business concern means a small business concern—
(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least51 percent of the stock of which is owned by one or more women; and
(2) Whose management and daily business operations are controlled by one or more women.
Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.
(b)
(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.
(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __.
[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.
These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]
(c) Offerors must complete the following representations when the resulting contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).
Check all that apply.
(1) Small business concern. The offeror represents as part of its offer that—
(i) It □ is, □ is not a small business concern; or
(ii) It □ is, □ is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h) and 13 CFR 125.8(a) and (b). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: ____________.]
(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it □ is, □ is not a veteran-owned small business concern.
(3) SDVOSB concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents that it □ is, □ is not an SDVOSB concern.
(4) SDVOSB concern joint venture eligible under the SDVOSB Program. The offeror represents that it □ is, □ is not an SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR 128.402. [Complete only if the offeror represented itself as an SDVOSB concern in paragraph (c)(3) of this provision.] [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ____________.]
(5) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is, □ is not a small disadvantaged business concern as defined in 13 CFR 124.1001.
(6) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is, □ is not a women-owned small business concern.
(7) WOSB joint venture eligible under the WOSB Program. The offeror represents that it □ is, □ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: ____________.]
(8) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents that it □ is, □ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ____________.]
Note to paragraphs (c)(9) and (10): Complete paragraphs (c)(9) and (10) only if this solicitation is expected to exceed the simplified acquisition threshold.
(9) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is a women-owned business concern.
(10) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:____________
(11) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that–
(i) It □ is, □ is not a HUBZone small business concern listed, on the date of this representation, as having been certified by SBA as a HUBZone small business concern in the Dynamic Small Business Search and SAM, and will attempt to maintain an employment rate of HUBZone residents of 35 percent of its employees during performance of a HUBZone contract (see 13 CFR 126.200(e)(1)); and
(ii) It □ is, □ is not a HUBZone joint venture that complies with the requirements of 13 CFR 126.616(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ______.] Each HUBZone small business concern participating in the HUBZone joint venture shall provide representation of its HUBZone status.
(d) Representations required to implement provisions of Executive Order11246-
(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 http://uscode.house.gov/ U.S.C. 1352). (Applies only if the contract is expected to exceed
$150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants.
The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.
(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American-Supplies, is included in this solicitation.)
(1)
(i) The Offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that each domestic end product listed in paragraph (f)(3) of this provision contains a critical component.
(ii) The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select “no”.
(iii) The Offeror shall separately list the line item numbers of domestic end products that contain a critical component (see FAR 25.105).
(iv) The terms “commercially available off-the-shelf (COTS) item,” “critical component,” “domestic end product,” "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Supplies."
(2) Foreign End Products:
Line Item No. Country of Origin Exceeds 55% domestic content (yes/no)
[List as necessary]
(3) Domestic end products containing a critical component:
Line Item No. ___
(4) The Government will evaluate offers in accordance with the policies and procedures of FAR part 25.
(g)
(1) Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act, is included in this solicitation.)
(i)
(A) The Offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (iii) of this provision, is a domestic end product and that each domestic end product listed in paragraph (g)(1)(iv) of this provision contains a critical component.
(B) The terms "Bahraini, Moroccan, Omani, Panamanian, or Peruvian end product," "commercially available off-the-shelf (COTS) item," "critical component," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act."
(ii) The Offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahraini, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act."
Free Trade Agreement Country End Products (Other than Bahraini, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:
Line Item No. Country of Origin
(iii) The Offeror shall list those supplies that 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. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select “no”.
Other Foreign End Products:
Line Item No. Country of Origin Exceeds 55% domestic content (yes/no)
(iv) The Offeror shall list the line item numbers of domestic end products that contain a critical component (see FAR 25.105).
Line Item No. ___
[List as necessary]
(v) 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 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 Israeli end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”:
Israeli End Products:
Line Item No.
(3) 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 paragraphs (g)(1)(i)(B) and (g)(1)(ii) for paragraphs (g)(1)(i)(B) and (g)(1)(ii) of the basic provision:
(g)(1)(i)(B) The terms “Korean end product”, “commercially available off-the-shelf (COTS) item,” “critical component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act.”
(g)(1)(ii) The Offeror certifies that the following supplies are…
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