Combined_Syposis_Solicitation_Attachments.pdf
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- ShakeAlert Earthquake Early Warning System Educati Federal contract opportunity
- Solicitation number
- 140G0325Q0026
About this file
This is a Performance-Based Work Statement for the ShakeAlert Earthquake Early Warning System Education Framework Project. The document outlines requirements for developing a comprehensive education framework, resources catalog, and roadmap for the USGS-managed ShakeAlert system that operates in California, Oregon, Washington, and 146 Tribal Nations.
The project has three main goals: 1) Develop a ShakeAlert Education Framework for resources and activities, 2) Review and catalog existing ShakeAlert CEO&TE resources based on the Framework, and 3) Identify gaps and develop a roadmap for new/revised resources. The period of performance is from award date to March 31, 2026, with one additional option year. This is a small business set-aside with NAICS code 541618 and $19M size standard. Key personnel must have at least 5 years of experience developing communications/educational resources for earthquake phenomena, with a preferred master's or Ph.D. in Communications, Sociology, Psychology, or Education. Proposals are due by March 5, 2025 at 1500 PST to yangzhideng@usgs.gov. The award will be made using a trade-off methodology evaluating capability, experience, past performance and price. Monthly invoicing is authorized upon acceptance of deliverables.
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140G0325Q0026 Page 4 of 31
PERFORMANCE-BASED WORK STATEMENT
ShakeAlertⓇ Earthquake Early Warning System Education Framework Project
Revised 01/28/25
I. GENERAL INFORMATION
A. Introduction
The U.S. Geological Survey managed ShakeAlert Earthquake Early Warning (EEW) System operates in the states of California, Oregon, and Washington, as well as 146 Tribal Nations, serving over 50 million residents and visitors.
Working with federal, Indigenous, provincial, and territorial organizations, Canada has developed a national EEW system for at-risk regions of the country: western British Columbia, eastern Ontario, and southern Quebec. With a common mission to enhance public safety, the USGS and Natural Resources Canada share data, resources, and expertise. This partnership includes collaboration in public outreach to promote safety and awareness of the two systems especially along border regions where earthquakes in Canada can affect the United States and vice versa.
While initial ShakeAlert Communication, Education, Outreach, and Technical Engagement (CEO&TE) efforts produced tools and resources for emergency managers and other earthquake education practitioners, as well as various sector thought leaders in Healthcare, Utilities, Transportation, and Education, there remain untapped opportunities to expand elements for engagement with other stakeholders, audiences, and influencers for greater effectiveness of ShakeAlert CEO&TE resources and activities for preparedness and protective response in order to advance public safety. Many elements of the existing Toolkit were released before the full rollout of ShakeAlert System public alerting in mid-2021. There is an ongoing need to update current documents, guidelines, graphics, and other materials. Additionally, there is a need to define new and different strategies and materials that more fully represent the characteristics and needs of various publics in order to provide greater overall effectiveness of ShakeAlert CEO resources and activities.
The ShakeAlert System is also undergoing continuing development and evolution, including the recent integration of geodetic data into the ShakeAlert System, the completion of the build-out of the seismic sensor network by the end of 2025, and the expansion of ShakeAlert-powered products and services into new technical sectors. ShakeAlert CEO&TE resources must reflect this expansion and evolution of the ShakeAlert System.
The goals of the ShakeAlert Education Framework Project are:
Goal 1: ShakeAlert Education Framework - Develop a ShakeAlert Education Framework for ShakeAlert resources and activities.
Goal 2: ShakeAlert Education Resources Catalog - Review and catalog existing ShakeAlert CEO&TE resources and activities based on the Education Framework.
Goal 3: ShakeAlert Education Roadmap - Identify gaps in existing ShakeAlert CEO&TE resources and develop a roadmap for developing new and revised ShakeAlert resources and activities.
These efforts will ensure all work efforts and products align with, satisfy, and advance implementation of the vision and mission of the ShakeAlert CEO&TE Strategic Vision (December, 2023).
B. Background
The USGS-managed ShakeAlert Earthquake Early Warning System (ShakeAlert EEW System, ShakeAlert System, ShakeAlert, System) detects, within seconds, earthquakes that meet certain thresholds, so alerts can be delivered to people and vital technical infrastructure (e.g. utilities) and industry sectors, potentially seconds before strong shaking arrives at their location by USGS licensed technical partners. ShakeAlert-powered alerts encourage people to take a self-protective action, such as Drop, Cover, and Hold On, and trigger automated actions to protect critical systems, equipment, facilities, and infrastructure. Acknowledging the need for human understanding of EEW is critical. A significant factor in the adoption and ultimate success of the ShakeAlert EEW System is effective communication, education, outreach, and technical engagement.
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The USGS’s Revised Technical Implementation Plan for the ShakeAlertⓇ System – An Earthquake Early Warning System for the West Coast of the United States (2018 Technical Implementation Plan - Open-File Report 2018-1155) notes that “EEW alerts are useless if people do not know how to respond to them” and “Extensive communication, education, and outreach (CEO) for both public and institutional users is needed for ShakeAlert to have maximum beneficial impact.”
Because ShakeAlert CEO&TE — like the ShakeAlert EEW system itself — is a collaborative effort, the purpose of this project is to align USGS, its Principal Partners, Implementation Partners, and other key stakeholders around the design and overarching framework for ShakeAlert communication, education, and outreach.
Though the COVID-19 pandemic prevented in-person collaboration and planning sessions, CEO&TE planning to produce the 2021-26 ShakeAlert (CEO&TE) Strategic Vision, December 2023 was developed with significant stakeholder input and is grounded in strategic planning best practices for Federal agencies and partnership-based programs. ShakeAlert CEO&TE envisions a future where EEW is a widely integrated component of the preparedness and mitigation culture in the U.S. Through continued, thoughtful stakeholder engagement, a basic management, coordination, and evaluation structure, and the implementation of CEO&TE strategies founded upon social science and evidence-based approaches, this Strategic Vision provides a framework to realize the ShakeAlert CEO&TE vision statement: Earthquake Early Warning for All.
II. WORK REQUIREMENTS
A. Technical Requirements.
1. Work Elements
The project plan is segmented into three primary tasks with deliverable subtasks, not including Project Management.
The project period of performance is date of ward – 3/31/2026.
All proposed work efforts and deliverables will support ShakeAlert CEO&TE through coordination, collaboration, and community building. These services can be grouped into three overarching categories that reflect the need for additional public relations, strategic planning, and collateral development.
2. Criteria for acceptance of Product or Service
The USGS will be the lead agency for this project and will be responsible for making all final decisions regarding the acceptance of the project deliverables. The USGS Office of Communications and Publishing (OCAP) and the Office of Policy and Analysis (OPA) will conduct an extensive review of all project outputs to ensure compliance with USGS Communications and Technology Transfer. To ensure broad CEO&TE stakeholder involvement and input, a JCCEO&TE Focus Team (made up of representatives from the three ShakeAlert states and the USGS Management Team) will be established, and members will serve during the entire period of performance. The Focus Team will be in place before the project commences.
Project Management Plan Contractor will develop a Project Management Plan (PMP), which incorporates the project goals and deliverable completion dates, along with project communication and risk management strategies. This will be the primary document the Contractor uses to plan, coordinate, and manage the project. The PMP will show task elements completed and those left to complete, and will explain successes, challenges, and resolutions. The PMP will be developed in draft and finalized form in consultation with the Focus Team and approved by the USGS.
Weekly Project Management Check-In Calls Throughout the project performance period, Contractor will facilitate weekly project management check-ins with the USGS Management team (and USGS designees) to ensure regular communications on project status and next steps, and to discuss the status of deliverables, among other topics.
https://pubs.usgs.gov/publication/ofr20181155 https://pubs.usgs.gov/publication/ofr20181155
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Monthly Written Project Status Reports Contractor will provide the USGS with monthly written project status reports, which will accompany monthly invoices. Status on project-specific goals, milestones, tasks, and deliverables will be discussed in these written reports. Contractor will also provide a brief, bulleted monthly status report for the JCCEO&TE; the latter will be distributed by the USGS.
Deliverable Review and Feedback Process Each member of the project Focus Team will serve an important role in the review of materials developed as part of task completion. Unless feedback is communicated from team members to the contractor in the conduct of a collaborative meeting, other feedback on deliverables will be communicated from the USGS Project Management Team to Contractor and/or through collaborative documents that reside on a shared drive.
Deliverable Quality Control/Quality Assurance A mutually agreed upon Quality Assurance/Quality Control process throughout the project performance period is indispensable. Most successful projects are those with precisely, clearly, and completely defined scopes, and with agreement and buy-in from project managers, subject-matter experts, advisers, and key stakeholders from the onset.
All materials produced will be subject to a robust quality assurance/quality control review for accuracy in content and composition. As deliverables and materials are completed, their quality will be assured through audits against quality requirements and previously defined evaluation criteria.
Project Close-out Meeting and Recommended Next Steps On completion of all tasks, Project Management Team will meet via Zoom with the USGS, the project Focus Team, and other JCCEO&TE representatives to discuss the project’s progression, outcomes, impressions about community buy-in, and to recommend next steps. Any materials that require sign-off, return, or archiving will be identified at that time.
B. Deliverables
1. Characteristics for work product described in II.A.1., identified by name and quantity.
Task A: Develop a ShakeAlertⓇ Education Framework
a. Review relevant ShakeAlert and Disaster Risk Reduction (DRR) literature regarding earthquakes and related phenomena to identify prominent findings relative to natural hazards, their hazard warnings and alerts, and associated human behavior (preparedness, response, and recovery) in natural, built, and social environments.
b. Review cognitive, behavioral, affective, and social science learning and education literature to identify prominent findings relevant to ShakeAlert communication, education, and outreach; for example, the application of critical educational theory (examining societal and other influences on people’s learning).
c. Based on the review of relevant literature identified in (a) and (b) above, identify, define, and describe a set of core dimensions/themes and learning outcomes around which the Framework is organized.
Dimensions/themes represent the essential nature of the domain (i.e., ShakeAlert as an integral part of earthquake preparedness and protective response in advancing public safety). Learning outcomes represent the expected level of learning from education resources and activities that are aligned with the Framework.
See the UNESCO document, Towards A Learning Culture of Safety and Resilience Technical Guidance for Integrating Disaster Risk Reduction in the School Curriculum (2012), and the National Academies of Science document, A Framework for K-12 Science Education (2012), as relevant framework references.
d. Based on the set of core dimensions/themes and learning outcomes, describe how the Framework can effectively address the characteristics and needs of various learner groups.
Task B: Develop a ShakeAlert Education Resources Catalog
a. Develop a web-based, user-friendly electronic catalog of existing ShakeAlert CEO&TE resources, activities, and other assets.
b. Based on the Framework, identify gaps within the existing set of ShakeAlert CEO&TE resources, activities, and other assets.
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Task C: Develop a Plan for ShakeAlertⓇ Education Resources and Activities
a. Propose new and revised ShakeAlert resources and activities that would address the gaps identified by Task B.
b. Develop guidelines for the development, adoption, and implementation of new and revised ShakeAlert resources and activities aligned with the Framework.
c. Based on the set of core dimensions/themes and learning outcomes and relevant literature, define two example proposed learning pathways/progressions for ShakeAlert resources, activities, and other assets for targeted learner groups. Proposed learning pathways/progressions represent the application of the Framework into a well-articulated, coherent, and progressive sequence that develops concepts, skills, emotions, etc. over time using related existing, and proposed new, ShakeAlert resources and activities. For example, a learning progression/pathway may be across grade levels and subject areas (e.g., science, mathematics, social studies, geography, visual and performing arts) in a formal school setting, or across a small-group presentation with follow-up hands-on activities in a free-choice learning setting with links provided to a reinforcement and extension mobile device application that individual learners use on their own at home. The essential elements are that the learning pathway/progression is aligned with the Framework, is targeted to a specific learner group, has an entry point, and progresses in concept, skill, emotional, etc. development over time where subsequent learning builds intentionally and explicitly on prior learning.
Task D: Develop an Annotated Bibliography of Primary Resources
a. Develop an annotated bibliography of primary resources used in this project organized 1) topically, and 2) alphabetically by author, with current electronic links (DOI, website).
2. Delivery dates for work/product to be completed and point of delivery 2026.
III. SUPPORTING INFORMATION
A. Place of Performance.
Work will be conducted by contractor from their office and will work with the JCCEO&TE team primarily virtually (via phone, web conference, via email, and/or other online collaborative activities). However, we would like to take advantage of potential in-person gatherings for planning and work groups.
B. Period of Performance: Award – 3/31/2026 and one additional Option year subject to availability of funds and continuing needs.
C. Government Furnished Property (GFP): list property and its value.
None
D. Special Considerations.
1. Key personnel qualifications
The contractor(s) must have at least five (5) years of experience developing communications and/or educational resources for earthquake related phenomena. A master’s degree or Ph.D. preferred in one of the following fields:
Communications, Sociology, Psychology, or Education.
2. Data Rights, Safety, Environment.
None
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3. Security/Privacy issues (ingress to Federal buildings, personnel clearances, computer security).
None
IV. SUPPORTING RESOURCES
A. Definitions/Applicable Documents:
CEO&TE means the ShakeAlertⓇ Communication, Education, Outreach, and Technical Engagement
End-Users receive ShakeAlert-powered products or services from LtO Partners. End-users include people who receive these products or services directly (e.g., to their cell phones), as well as organizations that work with an LtO Partner to implement automated “machine-to-machine” actions.
ERWG means the ShakeAlert Educational Resources Working Group.
Human Interface is any mode of interaction that a person has with ShakeAlert-powered products and services based on the utilization of ShakeAlert Messages by licensed ShakeAlert technical partners. The interface can be direct, such as an alert delivered to a cell phone, indirect such as (on) a train that slows down due to an ShakeAlert-powered automated action, or a combination.
CEO&TE means the ShakeAlert Communication, Education, Outreach, and Technical Engagement community. The CEO&TE Community supports, provides feedback, and participates in the management of the USGS-led ShakeAlert CEO&TE effort.
B. Relevant Reference Documents/References:
ShakeAlertⓇ CEO&TE Community Partner Website - Available: ShakeAlert.org
ShakeAlert “X”- Available: @USGS_ShakeAlert
ShakeAlert Trademark Guidelines - Available: https://www.shakealert.org/system-information/shakealert-trademark-guidelines/
ShakeAlert Tests, Drills, and Exercises Guide - Available: https://www.shakealert.org/toolkit/introduction/
ShakeAlert System Alerting Thresholds - Available: https://www.shakealert.org/system-information/alert-delivery-thresholds/
ShakeAlert Communication, Education, Outreach, and Technical Engagement Strategic Vision, December 2023.
(Available upon request)
Revised technical implementation plan for the ShakeAlert system—An earthquake early warning system for the West Coast of the United States - Available: https://pubs.er.usgs.gov/publication/ofr20181155
ShakeAlert Education and Training Review Criteria for LtO Conversion (8/2022) [.pdf] - Available:
https://www.shakealert.org/wp-content/uploads/2023/08/Education-and-Training-Guidelines_August-2022.pdf
ShakeAlert Start-up Guide for Prospective Technical Partners (4/2021). Available:
https://drive.google.com/file/d/13sEXorNwSTstXIe2UwD7v8Vt3Ds8Idx9/view
ShakeAlert Messaging Toolkit - Available: https://www.shakealert.org/education-and-outreach/messaging_toolkit/ https://www.shakealert.org/system-information/shakealert-trademark-guidelines/ https://www.shakealert.org/system-information/shakealert-trademark-guidelines/ https://www.shakealert.org/toolkit/introduction/ https://www.shakealert.org/system-information/alert-delivery-thresholds/ https://www.shakealert.org/system-information/alert-delivery-thresholds/ https://pubs.er.usgs.gov/publication/ofr20181155 https://www.shakealert.org/wp-content/uploads/2023/08/Education-and-Training-Guidelines_August-2022.pdf https://drive.google.com/file/d/13sEXorNwSTstXIe2UwD7v8Vt3Ds8Idx9/view https://www.shakealert.org/education-and-outreach/messaging_toolkit/
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Advanced National Seismic System - Available: https://www.usgs.gov/programs/earthquake-hazards/anss-advanced-national-seismic-system
ShakeAlert Social Science Research - Available: https://www.shakealert.org/research/social-science-research/
UNESCO, Towards A Learning Culture of Safety and Resilience Technical Guidance for Integrating Disaster Risk Reduction in the School Curriculum (2012) - Available:
https://unesdoc.unesco.org/ark:/48223/pf0000229336
National Academies of Science, A Framework for K-12 Science Education (2012) - Available:
https://nap.nationalacademies.org/catalog/13165/a-framework-for-k-12-science-education-practices-crosscutting-concepts
Further resources as supplied by the ShakeAlert CEO&TE, upon commencement of the contract
COMMERCIAL CLAUSES
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):
http://www.acquisition.gov/far/
Provision Title Date 52.204-07 System for Award Management Oct 2018 52.212-1 Instructions to Offerors – Commercial Items Sep 2023 52.204-29 Federal Acquisition Supply Chain Security Act Orders—Representation and
Disclosures Dec 2023
52.252-02 Clauses Incorporated by Reference (February 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):
http://www.acquisition.gov/far/
Clause Title Date 52.204-13 System for Award Management Maintenance Nov 2021 52.212-4 Contract Terms and Conditions – Commercial Items Nov 2023
52.212-2 Evaluation – Commercial Items (November 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: Trade off.
● Capability, including technical capability and capacity to perform in the required time
● Recent and relevant experience
● Past performance https://www.usgs.gov/programs/earthquake-hazards/anss-advanced-national-seismic-system https://www.usgs.gov/programs/earthquake-hazards/anss-advanced-national-seismic-system https://www.shakealert.org/research/social-science-research/ https://unesdoc.unesco.org/ark:/48223/pf0000229336 https://nap.nationalacademies.org/catalog/13165/a-framework-for-k-12-science-education-practices-crosscutting-concepts https://nap.nationalacademies.org/catalog/13165/a-framework-for-k-12-science-education-practices-crosscutting-concepts
140G0325Q0026 Page 10 of 31
● Price
In evaluating capability, we will review your work plan and consider such things as availability of equipment and personnel, availability to work and to meet the overall project timeline, contingency planning, etc.
Recent and relevant experience will be evaluated with preference given to work with federal agencies within last three years. Contractors must have at least five (5) years of experience developing communications and/or educational resources for earthquake related phenomena. A master’s degree or Ph.D. preferred in one of the following fields: Communications, Sociology, Psychology, or Education.
Past performance is the measure of how well you have performed similar work before. Submit at least two references with contact information and project description.
It is the prospective contractor’s responsibility to submit sufficient information to allow a meaningful evaluation in each of these areas. Failure to do so will negatively impact our evaluation of your quotation.
We will select for award the prospective contractor whose quotation conforming to this solicitation will be most advantageous to the USGS.
52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services (May 2024)
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;
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(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—
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(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.]
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(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-
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(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. ___ [List as necessary]
(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
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[List as necessary]
(iii) The Offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act." The Offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products. 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) [List as necessary]
(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.
[List as necessary]
(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 Korean end products or Israeli end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”:
Korean End Products or Israeli End Products:
Line Item No. Country of Origin [List as necessary]
(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)(4)(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
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[List as necessary]
(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.
(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals–
(1) □ Are, □ are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;
(2) □ Have, □ have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property;
(3) □ Are, □ are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and
(4) □ Have, □ have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds the threshold at 9.104-5(a)(2) for which the liability remains unsatisfied.
(i) Taxes are considered delinquent if both of the following criteria apply:
(A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.
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