Combined_Synposisv1.pdf

Combined Synopsis - Gila Lower Box SWF and Breeding Bird Inventory and Monitoring

Description

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, “Streamlined Procedures for Evaluation and Solicitation for Commercial Items,” as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested, and a written solicitation document will not be issued.

This solicitation is issued as an RFQ. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2023-05 and are available in full text through Internet access at http://www.acquisition.gov/far.

This solicitation is set-aside for Small Business concerns. The associated North American Industrial Classification System (NAICS) code for this procurement is 541690, with a small business size standard of 9.0 million. The FSC/PSC is B534.

The Bureau of Land Management (BLM) New Mexico State Office, Las Cruces District Office in Las Cruces, NM looking for a quote for inventory and monitoring of Southwestern Willow Flycatcher (SWFL) population along with other breeding birds in accordance with specifications, terms and conditions set forth herein. Specification requirement: Please see the attached statement of work for specifications. Delivery Address: Gila River Lower Box.

All interested companies shall provide quotations for the following:

Pricing

Offerors shall provide a quote that includes pricing for all line items listed in Service Price Schedule.

Offerors shall submit most favorable pricing at the time of quote submission.

Supplies/Services Price Schedule

Base Year

Line Items

Unit of Issue

Quantity

Total

001 Scouting/Preparation work $ 002 SWFL Territory Surveys $ 003 SWFL Nest Monitoring $ 004 Breeding Bird Point Counts $ 005 Initiation Meeting $ 006 Data Analysis $ 007 GIS Work $ 008 Report Preparation $ 009 Travel $ 010 Per Diem $ 011 Field Technician $

Base Year Total $ http://www.acquisition.gov/far

Option Year One

1001 Scouting/Preparation work $ 1002 SWFL Territory Surveys $ 1003 SWFL Nest Monitoring $ 1004 Breeding Bird Point Counts $ 1005 Initiation Meeting $ 1006 Data Analysis $ 1007 GIS Work $ 1008 Report Preparation $ 1009 Travel $ 10010 Per Diem $ 10011 Field Technician $

Option Year One Total $

Option Year Two

2001 Scouting/Preparation work $ 2002 SWFL Territory Surveys $ 2003 SWFL Nest Monitoring $ 2004 Breeding Bird Point Counts $ 2005 Initiation Meeting $ 2006 Data Analysis $ 2007 GIS Work $ 2008 Report Preparation $ 2009 Travel $ 20010 Per Diem $ 20011 Field Technician $

Option Year Two Total $

Option Year Three

3001 Scouting/Preparation work $ 3002 SWFL Territory Surveys $ 3003 SWFL Nest Monitoring $ 3004 Breeding Bird Point Counts $ 3005 Initiation Meeting $ 3006 Data Analysis $ 3007 GIS Work $ 3008 Report Preparation $ 3009 Travel $ 30010 Per Diem $ 30011 Field Technician $

Option Year Three Total $

Option Year Four

4001 Scouting/Preparation work $ 4002 SWFL Territory Surveys $ 4003 SWFL Nest Monitoring $ 4004 Breeding Bird Point Counts $ 4005 Initiation Meeting $ 4006 Data Analysis $ 4007 GIS Work $ 4008 Report Preparation $ 4009 Travel $ 40010 Per Diem $ 40011 Field Technician $

Option Year Three Total $

Vendors MUST be registered and Active in the System for Award Management (SAM) system (www.SAM.gov) at the time of quotation submission, pursuant to FAR 52.204-7.

The selected vendor must comply with the following FAR commercial provisions and clauses, which are incorporated herein by reference: FAR 52.212-1, Instructions to Offerors - Commercial Items;

FAR 52.212-3, Offeror Representations and Certifications - Commercial Items; FAR 52.212-4, Contract Terms and Conditions - Commercial Items; FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items, paragraph (a) and the following clauses in paragraph (b): 52.222-21, 52.222-26, 52.222-35, 52.222-36, 52.222-37, 52.225- 13, 52.232-34. The selected vendor must also comply with FAR 52.203-18, 52.209-11, and 52.211-6.

The full text of these clauses may be viewed via https://www.acquisition.gov/far/.

BASIS OF AWARD: The Bureau of Land Management will award to the responsible firm whose quote conforms to the RFQ and will be the most advantageous to the Government after an evaluation of items listed in the evaluation criteria below.

A single award will be established with the responsible contractor whose quote conforms to the requirements outlined in this RFQ and is most advantageous to the Government based on the best value determination. The Contracting Officer will determine best value to the Government based on evaluation of price with non-price factors considered.

The response will be evaluated on the basis of the following evaluation factors: award will be made based on Best Value to the Government. Best Value is a combination of evaluation criteria factors listed in the evaluation criteria below.

No questions will be permitted and no site visit will be held.

Deronda Chevannes Administrative Contracting Officer, DChevannes@blm.gov https://www.acquisition.gov/far/ mailto:DChevannes@blm.gov

STATEMENT OF WORK

Gila Lower Box Southwestern Willow Flycatcher (Empidonax traillii extimus) and Breeding Bird Inventory and Monitoring

A. Introduction

The riparian corridor on public land in the New Mexico Gila River Lower Box is occupied habitat and is designated Critical Habitat for Southwestern Willow Flycatcher (SWFL). Inventory and monitoring (including nest monitoring) of this population began in 1993 and has continued somewhat sporadically as funding has allowed since that time. More general breeding bird surveys have been done with less frequency during that time as well. Environmental factors such as drought and natural habitat succession paired with human factors such as water diversions and illegal OHV use in the riparian corridor are posing threats to the SWFL population along with numerous other breeding birds that use the Gila Lower Box. Repeated inventory and monitoring efforts are essential for identifying population trends and potential drivers of those trends. Having this trend data allows for more informed management decisions by the Bureau of Land Management and other partners. Preferably, both SWFL surveys and breeding birds surveys would be done each year, however if funding is limited, an alternating schedule of SWFL surveys and breeding bird surveys would be established.

B. Project Dates

• Contract should be awarded by April 1, 2024. If it is not awarded by this time, valuable data will not be collected and the value of the reports will be dimished.

• Performance and budget period for this project will be April 1, 2024, through December 31, 2024.

• Pending funding, option years through 2028 are included.

• Contractor will submit Survey and Nest monitoring data to the United States Fish and Wildlife

Service (USFWS) and New Mexico Department of Game and Fish (NMDGF) in accordance with their permit requirements.

• Copies of monitoring forms, a summary report, and GIS data of observations will be provided to the BLM by December 31 every year.

C. Project Location and Description

To maintain consistency with previous efforts both in monitoring SWFL populations and the broader avian community, the project design would follow geographic markers established in coordination with USFWS and NMDGF (See Figures 1 and 2). The total distance of the project area is about 13 kilometers of riparian corridor. For the SWFL inventory and monitoring, the project area will be broken into sections as seen in figure 1. For breeding bird surveys, the project area will be broken into three distinct sections with point count stations that are roughly 200 meters apart. Both efforts would span the entire length of BLM land on the Gila Lower Box contained between the coordinates below.

• Western Boundary- 32° 38’ 54.39” N 108° 55’ 43.48” W

• Eastern Boundary- 32° 39’ 22.44” N 108° 49’ 7.74” W

Figure 1: Sections on the Gila Lower Box for SWFL survey areas

Figure 2. Study sites and survey stations on the Gila lower box

D. Responsibility of the Surveyor

Southwestern Willow Flycatcher Surveys and Monitoring

• Conduct SWFL surveys and monitoring of all nests for the Gila Lower Box Segment: from the downstream (West) public land boundary to the upstream (East) public land boundary.

Including the sites as detailed in Figure 1.

• Monitor nest and fledgling success in accordance with required USFWS ESA permit protocols and required forms.

• GPS nest site locations from the closest point accessible to the nest site.

• Evaluate habitat conditions for SWFLs and identify potential stressors or threats to the population and drivers of population change.

• Provide a digital report summarizing methods, survey results, nest and fledgling success, and a summary of the population status, trend, and potential drivers of population change.

Breeding Bird Surveys

• Conduct a systematic avian community survey of the project area as outlined in Figure 2 which includes 51 sampling stations within three separate sites.

• Evaluate habitat conditions for the riparian avian community and identify potential stressors or threats to the community and drivers of community change.

• Provide a digital report summarizing methods, and breeding bird survey results.

Other Requirements

• Surveyors are to keep BLM informed of conditions that may limit access to survey sites (high river flows, large blooms of poison hemlock etc.) as fieldwork is being completed.

• Spatial information included within summary spreadsheets and/or annual report will be compiled on GIS as shapefiles and images with a common coordinate system.

• GIS data layer requirements must meet the following specifications:

Projection - NAD83/UTM/Units Meters Zone 12.

Vertical Datum – GSC North American 1983.

Format – ESRI file (geodatabase)

E. Transportation Charges

• All costs associated with transportation shall be paid by the contractor and included in the unit price quoted for the survey.

EVALUATION CRITERIA

Gila Lower Box Southwestern Willow Flycatcher (Empidonax traillii extimus) and Breeding

Bird Inventory and Monitoring

Evaluation Criteria

The Government is seeking offers that provide the best combination of quality and price to select the greatest overall benefit or “best value” offer. Therefore, award may be made to other than the lowest price offered.

The evaluation criteria are listed below in descending order of importance. Technical factors other than cost or price, when combined, are considered more important than cost or price.

A technical Evaluation Panel (panel) consisting of no less than three members will conduct the initial evaluation. The panel will include the technical expert for the project who is qualified to evaluate all proposals. Upon completion of the evaluation period, the panel will review each proposal and make their final award recommendation to the Contracting Officer. Proposals should be submitted in two separate volumes: Volume 1- Pricing. Volume 2 - Non-pricing, which includes information that addresses the evaluation factors.

Evaluation Factors (1-5 rating scale)

1. Suitability of Proposal

Approach to performing the required tasks within the specified area and period of performance. The proposal shall include a narrative explaining how the project will be carried out in terms of field work, research, analysis procedures, and project deliverables (ie ESRI geodatabase).

2. Extent of Experience

Proposal shall include a list of project personnel with each person’s qualifications and description of relevant experience with relevant species, corresponding habitat types, and survey methods.

3. Past Performance

The proposal shall include examples of successful completion of similar projects, including timeliness of completion and deliverables. The examples may come from federal, state, or local government, and from private industry.

4. Price

The evaluation panel members for this offer are as follows:

• Steven Torrez (Supervisory Natural Resource Specialist)

• Gordon Michaud (Soil Scientist)

• Cody Howard (Wildlife Biologist)

Delivery Tickets and Invoicing Procedure

The Contractor will ensure that the delivery tickets are dated, properly executed and signed by the Government Representative receiving the item. The Government reserves the right to reject any shipment not accompanied by a proper delivery ticket. A Proper Invoice will be required and has the following information as per FAR 32.905(b):

• Name and address of the Contractor

• Invoice date and invoice number. (Contractors should date invoices as close as possible to the date of service.)

• Contract number

• Description, quantity, unit of measure, unit price, and extended price of supplies delivered, or services performed.

• Name and address of contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment).

• Name, title, phone number, and mailing address of person to notify in the event of a defective invoice.

• Taxpayer Identification Number (TIN)

• Any other information or documentation required by the contract.

• Invoice shall be submitted through ipp.gov on a monthly basis.

It is the responsibility of the Contractor to submit Proper Invoices. The Government now uses an electronic invoicing system to process payments. Proper Invoices must be submitted electronically through Invoice Processing Platform (IPP). The IPP website address is: https://www.ipp.gov.

CONTRACT CLAUSES

52.252-2 Clauses Incorporated by Reference (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov

(End of clause)

52.202-1 Definitions. (Jun 2020) 52.203-5 Covenant Against Contingent Fees. (May 2014) 52.203-6 Restrictions on Subcontractor Sales to the Government. (Jun 2020) 52.203-6_Alternate I (Nov 2021) 52.203-7 Anti-Kickback Procedures. (Jun 2020) 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights. (Jun 2020) 52.204-19 Incorporation by Reference of Representations and Certifications. (Dec 2014) 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities. (Nov 2021) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) 52.222-50 Combating Trafficking in Persons. (Nov 2021) 52.222-50_Alternate I (Mar 2015) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. (Jun 2020) https://www.ipp.gov/ https://www.acquisition.gov/?q=browsefar

52.225-25 Prohibition on Contracting With Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications. Jun 2020 52.232-39 Unenforceability of Unauthorized Obligations. (Jun 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. Mar 2023 52.233-4 Applicable Law for Breach of Contract Claim. (Oct 2004) 52.244-6 Subcontracts for Commercial Products and Commercial Services.

52.204-27 Prohibition on a ByteDance Covered Application. (JUN 2023)

SOLICITATION PROVISIONS

FAR 52.217-5 Evaluation of Options (July 1990)

As prescribed in 17.208(c), insert a provision substantially the same as the following: Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

(End of provision)

52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): https://www.acquisition.gov

52.204-7 System for Award Management (OCT 2018) 52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011) 52.204-16 Commercial and Government Entity Code Reporting (AUG 2020) 52.212-1 Instructions to Offerors - Commercial Products and Commercial Services (NOV 2021) 52.237-1 Site Visit (Apr 1984)

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (NOV Lo) (provision)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products or Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service https://www.acquisition.gov/?q=browsefar https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_212_3 that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision—

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for

Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award

Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(d) Representation. The Offeror represents that— https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.sam.gov/

(1) It □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—

It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand;

model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any

(b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand;

model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any

(b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

52.204-26 Covered Telecommunications Equipment or Services-Representation. (OCT 2020) (provision)

(a) Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award

Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(c) (1) Representation. The Offeror represents that it □ does, □ does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it □ does, □ does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services. (End of provision)

52.212-2 Evaluation-Commercial Items (Nov 2021)

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

Lowest Price Technically Acceptable

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

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

52.212-3 Offeror Representations and Certifications -- Commercial Products and Commercial Services (DEC 2022) (provision)

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 the 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 http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title6-section395&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title6-section395&num=0&edition=prelim 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 concern—

(1) Means a small business concern—

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

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

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

Small business concern—

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.

http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title38-section101&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title38-section101&num=0&edition=prelim

(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 with13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that—

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

(i) One or more socially disadvantaged (as defined 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 $750,000 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 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 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 the SBA or an approved third-party certifier in accordance with 13 CFR 127.300.

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.

(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.

(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) Service-disabled veteran-owned small business concern. [ Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that—.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, that it □ is, □ is not a small disadvantaged business concern as defined in 13 CFR124.1002.

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

http://www.sam.gov/ https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-4#FAR_4_1201 https://www.ecfr.gov/current/title-13/section-121.103#p-121.103(h) https://www.ecfr.gov/current/title-13/section-125.8#p-125.8(a) https://www.ecfr.gov/current/title-13/section-125.8#p-125.8(b)

(6) 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: .]

(7) 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: .]

(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is a women-owned business concern.

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

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

(i) It □ is, □ is not a HUBZone small business concern listed, on the date of this representation, 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 Order 11246-

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

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

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

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

(i) It □ has developed and has on file, □ has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or https://www.ecfr.gov/current/title-13/section-127.506#p-127.506(a) https://www.ecfr.gov/current/title-13/section-127.506#p-127.506(c) https://www.ecfr.gov/current/title-13/section-127.506#p-127.506(a) https://www.ecfr.gov/current/title-13/section-127.506#p-127.506(c) https://www.ecfr.gov/current/title-13/section-126.200 https://www.ecfr.gov/current/title-13/section-126.616#p-126.616(a) https://www.ecfr.gov/current/title-13/section-126.616#p-126.616(a) https://www.ecfr.gov/current/title-13/section-126.616#p-126.616(c)

(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.

(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.

(iii) The terms "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) The Government will evaluate offers in accordance with the policies and procedures of FAR part 25.

(g) http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_225_1 https://www.acquisition.gov/far/part-25#FAR_Part_25

(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.

(B) The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act."

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

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

Line Item No. Country of Orgin

(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.

Other Foreign End Products:

Line Item No. Country of Origin Exceeds 55% domestic content (yes/no) https://www.acquisition.gov/far/part-52#FAR_52_225_3

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

(2) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate 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 paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

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

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

Line Item No. Country of Origin https://www.acquisition.gov/far/part-52#FAR_52_225_3

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

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

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

Other End Products:

Line Item No. Country of Origin

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