Complete Solicitation Package.pdf

U.S. Department of Homeland Security Washington, DC 20472 www.fema.gov

July 19, 2023

TO ALL OFFERORS:

The Federal Management Agency (FEMA) has a requirement to fulfill the National Dam Safety Program (NDSP) mission, by providing continued training, education, and awareness opportunities about Dam Safety topics to engineers, professionals, state, and local organizations within the greater Dam Safety community.

Request for Quotations (RFQ) Number: 70FA6023R00000013 is being issued as a 100% Small Business Set-a-side to accommodate this requirement. The NAICS Code is 541990 - $19.5M. The base period of performance (POP) consisting of 12-months will commence on September 25, 2023, through 24 September 2024. There are four (4) twelve-month optional periods of performance. The contract type will be a Firm Fixed Price (FFP).

In response to this RFQ, Offerors are requested to provide both a Technical and Price quote addressing this requirement. The Technical Volume shall not exceed twenty (20) pages. (Resumes of key personnel do not count against the page limitation of the Technical Volume). Resumes shall not exceed two (2) single sided pages each and shall use a type of pitch that is no smaller than a standard 12-point font type.) The technical proposal shall outline the Contractor' s overall approach for completing the contract requirements and shall at a minimum, include:

1. A signed cover letter identifying the Offeror's point of contact information and the RFQ number.

2. The Offeror’s technical quote which shall correspond to the requirements as stated within the SOO in Microsoft Word format and include a response to the following technical evaluation criteria:

(a) Evaluation Factor 1: Key Personnel- The Offeror’s key personnel experience will be evaluated on the extent to which they demonstrate the appropriate education, technical credibility, training, and experience in relation to the task areas described in the SOO. In addition, they will be evaluated on their experience in the relevant knowledge within their respective subject areas of expertise. Resumes shall be a maximum of 2-pages and must include the following:

-Education: Credentials, certifications, and professional organization membership(s)

-Previous/current work experience background in: Dam safety, hydraulic, hydrologic, hydrologic, hydrogeology or related experience: (1) Specific experience- please list positions, dates, major responsibilities, tasks, achievements, and relevant highlights within the past 5 years. (2) General experience- please list positions, dates, employer and one sentence summary of responsibilities and

70FA6023R00000013

2 | P a g e achievements for experience outside of 5-years. *Unique qualifications that may compliment expertise/background (i.e.) former positions as instructors, software or technology development and skills, national-level communications campaigns, disaster experience, prior interagency collaborations, relevant or related fieldwork. *Note: If using unique qualifications in lieu of technical expertise and education, or if subject matter experience is fewer than 5 years, please include a paragraph specifying how/why these qualifications should be considered by the Program Office. Responses should be tailored to the impact these unique qualifications will have on the dam safety communications, training, and awareness mission.

(b) Evaluation Factor 2: Technical Approach: Offerors will be evaluated on their ability to demonstrate technical sufficiency in their proposed technical and management approach to perform and support the requirements of the Statement of Objectives (SOO). This section of the Offeror’s proposal shall address information regarding how the proposal logistical support task areas will be performed, the various resources that will be used to facilitate performance, and an identification of potential difficulties in conducting the work with practical suggestions for overcoming these difficulties.

Offerors will be evaluated on their ability to develop a work plan in response to the SOO and must demonstrate an understanding of:

Scope of technical requirements Complexity of technical requirements Performance requirements & objectives Pertinent work tasks & deliverables

Offerors must also include a maximum three (3) page document that:

Identifies any potential difficulties and mitigation strategies in meeting the Government’s objectives, and-

Explains the benefits of their technical approach to FEMA

(c) Evaluation Factor 3: Price proposal: The Offeror’s Price proposal shall include the labor categories, estimated number of labor hours, fully loaded labor rates, subcontract costs (if applicable) and the total estimated firm fixed price (FFP) as necessary to complete the effort. All price detail shall be provided in an editable Excel Worksheet. The total proposed amount shall also be stated using the CLIN structure identified on the SF 1449.

3. Evaluation Factors Order of Importance: Factors 1 through 3 are listed in descending order of importance. When combined, the technical evaluation factors of (1) Key Personnel and (2) Technical approach outweigh (3) Price. As the technical evaluation of Proposals approaches equality, greater will be the importance of price in making the award determination. In the event that two or more Proposals are determined not to have any substantial technical differences (i.e., are technically equivalent), award may be made to the lower priced Proposal. It should be noted that award may be made to other than the lowest priced Offeror if the Government determines that the amount of the price premium is (or is not) warranted due to technical merit. The Government may also award to

3 | P a g e other than the highest technically rated Offeror, if the Government determines that a price premium is not warranted.

4. The technical and the price proposals shall be separate and complete in itself so that evaluation of one may be accomplished independently from evaluation of the other. Each volume shall be marked with proposal title, solicitation number, and offeror's name. Clarity and completeness of the proposal is critical.

4.1 The Technical Proposal shall not contain references to price; however, resource information (such as data concerning proposed labor categories and number of hours per labor category) must be contained in the technical proposal so that the Offeror's understanding of the requirement may be evaluated.

4.2 The price proposal will be evaluated for realism and reasonableness based on price analysis, and all proposed costs must be deemed fair and reasonable before they will be accepted and incorporated into any resultant contract award. A determination that the overall price is fair and reasonable will be made by the Contracting Officer’s knowledge of any/all previous experiences the Offeror has had with the services being performed as well as a comparison of the proposed price with pricing found reasonable on prior purchases.

5. Electronic files shall only be in Microsoft Word, Excel, or Adobe Acrobat format. File names should clearly convey contents. The Offeror shall screen all files for computer viruses prior to submittal to the Government. The files shall contain no embedded sound or video. Spreadsheets and tables shall be provided as Excel files and all cost or price related information shall conform with the format described above. All pricing spreadsheets shall clearly show the Direct Labor Rates for each Labor Category, the number of hours for each Labor Category, and how each Labor Category is allocated to each SOO Objective. All Excel files provided must be unlocked with all equations included and viewable and shall not include any hidden columns, rows, or spreadsheets.

6. BASIS FOR AWARD

Please note that a single award will be made to the responsible Offeror whose Offer meets the Government’s requirements and whose key personnel, technical approach, and price represent the best value to the Government. The evaluation of quotes will be based on the three factors as stated above:

(1) Key Personnel (2) Technical Approach, and (3) Price. Offerors are also cautioned that an award may also be made on the basis of initial quotes without exchanges with the Offeror. Each Offeror is therefore cautioned that each initial quote should contain the Offeror’s best terms.

4 | P a g e

Your technical and price proposal(s) must be submitted via email only as a MS Word, Excel or Adobe PDF attachment to the Contracting Officer, Janelle LaMaster, Janelle.LaMaster@fema.dhs.gov and Carolyn Horne, Carolyn. Horne, carolyn.horne@associates.fema.dhs.gov no later than August 16, 2023, 2:00 PM ET.

Sincerely, Janelle LaMaster Contracting Officer

Attachments:

1. SF 1449 with continuation pages

2. SOO (6/30/23)

Disclosure: Garud Technology Services (GTS) is providing contract specialist support for this contract action performing non-inherently

Governmental functions. The GTS blanket purchase agreement (BPA) with FEMA for acquisition support includes a limitation on future contracting and requires all staff under the BPA to sign non-disclosure agreements. GTS staff under the BPA will have access to your proposal information including any proprietary data. By submitting a proposal, you are consenting to such access by GTS staff in support of this effort.

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

70FA60

3RD FLOOR

500 C STREET SW

FEDERAL EMERGENCY MANAGEMENT AGENCY

FEMA-MITIGATION SECTION

FEMA CODE 16. ADMINISTERED BYCODE

X

X

X

541990

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED OR70FA60

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

07/19/2023

Carolyn Horne (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIME

08/16/2023 1400 ED

b. TELEPHONE NUMBERa. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

70FA6023R00000013

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 3 WX04420Y2023TOFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

WASHINGTON DC DC 20472

TELEPHONE NO.

17a. CONTRACTOR/

WASHINGTON DC 20472

500 C STREET SW

FEDERAL EMERGENCY MANGEMENT AGENCY

FEMA

15. DELIVER TO

WASHINGTON DC DC 20472

3RD FLOOR

500 C STREET SW

FEDERAL EMERGENCY MANAGEMENT AGENCY

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$19.5

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

FEMA-MITIGATION SECTION

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

The contractor shall provide training and education support services to increase Dam Safety Awareness amongst State Dam Safety Programs and other NDSP stakeholders and partners. This includes web-based trainings, classroom trainings, self-paced trainings, conferences, listening sessions, data collection and any other associated functions.

DO/DPAS Rating: A-NONE Period of Performance: 09/25/2023 to 09/24/2024 Continued ...

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

Janelle L. LaMaster

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

0001 BASE PERIOD: Unlimited Access for National Dam 12 MO

Safety Program Communication, Training, Education and Awareness Support to include web-based trainings, classroom trainings, self-paced trainings, conferences, listening sessions, data collection, webinars, public awareness initiatives and any other associated functions.

Product/Service Code: R499

Product/Service Description: SUPPORT-

PROFESSIONAL: OTHER

1001 OPTION YEAR 1: Unlimited Access for National Dam 12 MO

Safety Program Communication, Training, Education and Awareness Support to include web-based trainings, classroom trainings, self-paced trainings, conferences, listening sessions, data collection, webinars, public awareness initiatives and any other associated functions.

(Option Line Item)

Date Option to be Exercised 365

Product/Service Code: R499

Product/Service Description: SUPPORT-

PROFESSIONAL: OTHER

Period of Performance: 09/25/2024 to 09/24/2025

2001 OPTION YEAR 2: Unlimited Access for National Dam 12 MO

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

3 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 3

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

70FA6023R00000013

Safety Program Communication, Training, Education and Awareness Support to include web-based trainings, classroom trainings, self-paced trainings, conferences, listening sessions, data collection, webinars, public awareness initiatives and any other associated functions.

(Option Line Item)

Date Option to be Exercised

Product/Service Code: R499

Product/Service Description: SUPPORT-

PROFESSIONAL: OTHER

Period of Performance: 09/25/2025 to 09/24/2026

3001 OPTION YEAR 3: Unlimited Access for National Dam 12 MO

Safety Program Communication, Training, Education and Awareness Support to include web-based trainings, classroom trainings, self-paced trainings, conferences, listening sessions, data collection, webinars, public awareness initiatives and any other associated functions.

(Option Line Item)

Date Option to be Exercised

Product/Service Code: R499

Product/Service Description: SUPPORT-

PROFESSIONAL: OTHER

Period of Performance: 09/25/2026 to 09/24/2027

4001 OPTION YEAR 4: Unlimited Access for National Dam 12 MO

Safety Program Communication, Training, Education and Awareness Support to include web-based trainings, classroom trainings, self-paced trainings, conferences, listening sessions, data collection, webinars, public awareness initiatives and any other associated functions.

(Option Line Item)

Date Option to be Exercised 365

Product/Service Code: R499

Product/Service Description: SUPPORT-

PROFESSIONAL: OTHER

Period of Performance: 09/25/2027 to 09/24/2028

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

FEMA Solicitation Number: 70FA602023R00000013 DAM SAFETY TRAINING

SF 1449 CONTINUATION PAGES

SECTION B- SUPPLIES OR SERVICES AND PRICE

B.1 SERVICES TO BE FURNISHED. The Contractor shall provide all personnel, equipment, supplies, facilities, and services (except as may be expressly set forth in this contract as furnished by the Government) necessary to perform the effort described in Attachment A – Statement of Objectives dated June 30, 2023

B.1.1 PRINCIPAL PLACE OF PERFORMANCE. The effort required under the resultant contract shall be performed at the Contractor’s Facility. Any other place of performance shall receive prior approval by the Contracting Officer.

B.2 PERIOD OF PERFORMANCE and PRICE SCHEDULE. The following pricing applies for the duration of the contract. The total extended amount will serve as the total evaluated price for the contract award decision.

CLIN PRICING SCHEDULE

BASE PERIOD CLIN 0001: September 25, 2023 – September 24, 2024 12-months $____________mo. $_______________total OPT. PERIOD 1 CLIN 1001: September 25, 2024 – September 24, 2025 12-months $____________mo. $_______________total OPT. PERIOD 2 CLIN 2001: September 25, 2025 – September 24, 2026 12-months $____________mo. $_______________total OPT. PERIOD 3 CLIN 3001: September 25, 2026 – September 24, 2027 12-months $____________mo. $_______________total OPT. PERIOD 4 CLIN 4001: September 25, 2027 – September 24, 2028 12-months $____________mo. $_______________total Total Firm Fixed Price Contract Value $______________.

Includes CLINs 0001, and optional CLINS 1001, 2001, 3001, and 4001.

B.3 CONTRACT TYPE: The resultant contract is a Firm Fixed Price contract.

B.4 IDENTIFICATION OF GOVERNMENT OFFICIALS. The Government Officials assigned to this contract are as follows:

Contracting Officer (CO):

Name: Janelle LaMaster Email: Janelle.LaMaster@fema.dhs.gov

Contract Specialist (CS):

Name: Carolyn Horne Email: Carolyn.horne@associates.fema.dhs.gov

Contracting Officer’s Representative (COR):

Name: Matthew Sierra Email: Matthew.Sierra@fema.dhs.gov

B.5 BILLING INSTRUCTIONS (JUN 2014)

Contractors will use Standard Form 1034 (Public Voucher for Purchases and Services Other Than Personal) located at http://www.gsa.gov/portal/forms/type/SF when submitting a payment request. A payment request means any invoice or request for contract financing payment requesting reimbursement for supplies or services rendered. The Contractor shall not be paid more frequently than on a bi-monthly basis.

Contractors must submit vouchers electronically in pdf format to the FEMA Finance Center at FEMA-Finance- Vendor- Payments@fema.dhs.gov.

A copy of the voucher must be submitted electronically to the contracting officer identified within this contract. The submission of vouchers electronically will reduce correspondence and other causes for delay to a minimum and will facilitate prompt payment to the Contractor. Paper vouchers mailed to the finance center will not be processed for payment. If the Contractor is unable to submit a payment request in electronic form, the contractor shall submit the payment request using a method mutually agreed to by the Contractor, the Contracting Officer, and the payment office.

B.6 DEFECTIVE OR IMPROPER INVOICES (JUN 2014)

Name, title, phone number, and email of officials of the business concern who are to be notified when the Government receives an improper invoice.

Name: ____________________ Phone Number: _____________ Email Address: _____________

B.7 INVOICE APPROVAL (JUN 2014)

The following FEMA individual (in addition to the Contracting Officer) is hereby delegated authority to accept goods and services and to review and approve invoices for this task order:

Authorized Invoice Approver:

Name: Matthew Sierra Email: Matthew.Sierra@fema.dhs.gov

B.8 INVOICE INSTRUCTIONS (JUN 2014)

Invoices shall be submitted as follows: Contractors will use Standard Form 1034 (Public Voucher for Purchases and Services Other Than Personal) and SF 1035 Continuation sheet when requesting payment for supplies or services rendered. The voucher must provide a description of the supplies or services, by line item (if applicable), quantity, unit price, and total amount. The item description, unit of measure, and unit price must match those specified in the contract.

Invoices that do not match the line-item pricing in the contract will be considered improper and will be returned to the Contractor.

B.8.1 SF 1034 and 1035 instructions: SF 1034--Fixed Price

The information which a contractor is required to submit in its Standard Form 1034 is set forth as follows:

(1) U.S. Department, Bureau, or establishment and location insert the names and address of the servicing finance office unless the contract specifically provides otherwise.

(2) Date Voucher Prepared - insert date on which the public voucher is prepared and submitted.

(3) Contract/Delivery Order Number and Date - insert the number and date of the contract and delivery order, if applicable, under which reimbursement is claimed.

(4) Requisition Number and Date - leave blank.

(5) Voucher Number - insert the appropriate serial number of the voucher. A separate series of consecutive numbers, beginning with Number 1, shall be used by the contractor for each new contract. When an original voucher was submitted, but not paid in full because of suspended costs, resubmission vouchers should be submitted in a separate invoice showing the original voucher number and designated with the letter "R" as the last character of the number. If there is more than one resubmission, use the appropriate suffix (R2, R3, etc.) The last voucher of every contract or task order should be marked with the next sequential number, with the words "FINAL" (e.g. Invoice No. 1234-FINAL).

(6) Schedule Number; Paid By; Date Invoice Received -

(7) Discount Terms - enter terms of discount, if applicable.

(8) Payee's Account Number - this space may be used by the contractor to record the account or job number(s) assigned to the contract or may be left blank.

(9) Payee's Name and Address - show the name of the contractor exactly as it appears in the contract and its correct address, except when an assignment has been made by the contractor, or the right to receive payment has been restricted, as in the case of an advance account. When the right to receive payment is restricted, the type of information to be shown in this space shall be furnished by the Contracting Officer.

(10) Shipped From; To; Weight Government B/L Number - insert for supply contracts.

(11) Date of Delivery or Service - show the month, day, and year, beginning and ending dates of supplies or services delivered.

(12) Articles and Services - insert the following: "For detail, see Standard Form 1035 total amount claimed transferred from Page of Standard Form 1035." Type the following certification, signed by an authorized official, on the face of the Standard Form 1034.

"I certify that all payments requested are for appropriate purposes and in accordance with the agreements set forth in the contract."

(Name of Official) (Title)

(13) Quantity: Unit Price - insert for supply contracts.

(14) Amount - insert the amount claimed for the period indicated above. This amount should be transferred from the total per the SF 1035 Continuation Sheet.

INVOICE PREPARATION INSTRUCTIONS SF 1035

The SF 1035 will be used to identify the specific item description, quantities, unit of measure, and prices for each category of deliverable item or service. Suitable self-designed forms may be submitted instead of the SF 1035 as long as they contain the information required.

The information which a contractor is required to submit in its Standard Form 1035 is set forth as follows:

U.S. Department, Bureau, or Establishment - insert the name and address of the servicing finance office.

Voucher Number - insert the voucher number as shown on the Standard Form 1035 Schedule Number - leave blank.

Sheet Number - insert the sheet number if more than one sheet is used in numerical sequence.

Use as many sheets as necessary to show the information required.

Number and Date of Order - insert payee's name and address as in the Standard Form 1034.

Articles or Services - insert the contract number as in the Standard Form 1034.

Amount - insert the total quantities contract value, and amount and type of fee payable (as applicable).

A summary of claimed current and cumulative goods and services delivered and accepted to date. - Invoices shall include an itemization of all goods and services delivered and accepted for the period by item and by CLIN. Each invoice shall include sufficient detail to identify goods and services as compared to and in accordance with contract terms and conditions. Invoices that do not match the line-item pricing in the contract will be considered improper and returned to the contractor. In addition, each invoice shall detail the total charges by showing current and cumulative goods and services both currently invoiced and cumulative to date.

B.9 INSPECTION AND ACCEPTANCE – In accordance with FAR Clause 52.212-4, Contract Terms and Conditions—Commercial Products and Commercial Services.

THE REMAINDER OF THIS PAGE IS LEFT BLANK INTENTIONALLY

SECTION C - CLAUSES/PROVISIONS

C.1 FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

(a) Definitions. As used in this provision—

"Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Economically disadvantaged women‐owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

Forced or indentured child labor means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

Highest‐level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror.

Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

Inverted domestic corporation, means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

Reasonable inquiry has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended. “Sensitive technology"—

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3)of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

Service‐disabled veteran‐owned small business concern—

(1) Means a small business concern—

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

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

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

Small business concern—

(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 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 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 __.

(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

The offeror represents as part of its offer that it □ is, □ is not a veteran-owned small business concern.

(i) It □ is, □ is not a service-disabled veteran-owned small business concern; or

(ii)It □ is, □ is not a joint venture that complies with the requirements of 13 CFR

concern participating in the joint venture shall provide representation of its service-disabled veteran-owned small business concern status.

The offeror represents, that it □ is, □ is not a small, disadvantaged business concern as defined in 13 CFR 124.1002.

The offeror represents that it □ is, □ is not a women-owned small business concern.

(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

(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

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:____________

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

concern participating in the HUBZone joint venture shall provide representation of its HUBZone status.

(d) Representations required to implement provisions of Executive Order11246-

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

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

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

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

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

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

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 and that each domestic end product listed in paragraph (f)(3) of this provision contains a critical component, 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.

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 "Bahrainian, 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 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:

[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:

[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 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:

[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:

[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…