D1. M0026425Q0202 NMMC Painting Conservation RFQ.docx

M0026425Q0202

Section SF 1449 - CONTINUATION SHEET

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT (PWS)

FOR THE CONSERVATION OF PAINTINGS AND FRAMES

IN THE COLLECTION OF THE NATIONAL MUSEUM OF THE MARINE CORPS (NMMC)

1.0 Background

The National Museum of the Marine Corps (NMMC) has a collection of fine art that represents over two (2) centuries of both eye-witness accounts and artistic interpretations of the visual history of the United States Marine Corps (USMC). The 12,000+ piece collection includes works by nationally and internationally recognized artists. Most of the collection includes works on paper and stretched canvas. Some works are painted on wood, metal, masonite, and other substrates. The paintings in the collection range in age from the mid-19th century to the present day. The Art Collection’s rationale has as its primary focus, fine art that documents the creation and history of the Continental Marines and USMC and continues to grow adding several hundred works per year. As part of the mission statement, the NMMC is tasked with collections stewardship responsibilities to provide professional expertise for all museum artifacts and works of art within the collection located throughout all Marine Corps facilities.

The NMMC curators continually identify fine art that require either full conservation and/or stabilization treatment, as needed, to assure they are managed and maintained in perpetuity.

The majority of the conservation projects shall either support museum exhibition or the preservation of works in storage that are in either unstable condition or require conservation for their long-term care.

1. Scope This requirement is for professional conservation services for fifteen (15) paintings and frames in the permanent collection of the NMMC in accordance with the Performance Requirements listed below, and Attachment 1 – List of 15 Paintings to be Conserved. This will comprise assessments, conservation treatments to include cleaning, in-painting, and varnishing, stabilization for long-term storage and display, relining of paintings, cleaning, and repairing an antique frame, photography, and a final treatment report for each painting and frame. The paintings will be located at the NMMC Museum Support Facility (MSF). All questions that arise during the treatment process that are not covered in this PWS, or other documentation attached to this contract, shall be directed to the Technical Point of Contact (TPOC) and/or the appropriate subject matter expert (SME) for review and approval.

0. Performance Requirements

0. Tasks: The Contractor shall provide all materials, equipment, and supplies necessary to fully carry out the following Performance Requirements. Upon completion of the Performance Requirements for all fifteen (15) paintings requiring services, the Contractor shall notify the NMMC for final inspection and acceptance.

3.1.1 Intake meeting and site visit to NMMC Museum Support Facility (MSF): The contractor shall be available for an intake meeting within twenty (20) days of the contact award and to review the works of art in Attachment 1 – List of 15 paintings to be conserved. Both tasks may be completed in a single visit. Meeting and site visit will be coordinated directly with the TPOC and take place at the NMMC MSF.

0. Conservation Assessments: The Contractor shall provide conservation assessments with potential options, as applicable, of conservation and stabilization of fifteen (15) paintings.

0. Conservation assessments shall be reviewed and approved by the TPOC prior to any conservation treatment(s).

0. Conservation assessments and/or stabilization of paintings may include, but are not limited to, proposals for the following procedures:

1. Surface cleaning

1. Removal of old, failing, or improperly done conservation treatments

1. Relining the canvas

1. Re-keying the tension of the canvas in its stretcher bars

1. New varnish as required.

0. Conservation assessments shall include inspection, analysis and evaluation of each painting and frame to determine conservation and preservation needs, recommend intervention techniques, as well as provide treatment solution(s).

2. Conservation assessments will be reviewed, discussed, and approved by TPOC and/or SME within five (5) working days after the assessment is received from the Contractor.

2. Conservation will not begin until approval is provided to the Contractor by the TPOC, where applicable.

0. The conservation assessment for individual paintings detailing the condition of the work of art shall include the following information:

3. Accession number, title, and artist where applicable

3. Measurements

3. Description and condition

3. Recommended conservation treatment(s)

3. Length of time for work to be completed.

0. The assessment shall follow the standards as determined by the American Institute for Conservation of Historic and Artistic Works (AIC).

0. The Contractor shall maintain contact by phone, mail, email, or in person with the TPOC to resolve difficulties or make decisions or revisions to the Conservation Assessment, as necessary. The Contractor is advised that only the TPOC can authorize changes and/or modifications to the agreed upon Conservation Assessment.

0. Conservation Treatment

1. The Contractor shall conserve each of the paintings according to the conservation assessment and treatment proposals as approved by the TPOC.

1. The Contractor may be required to perform a variety of the following conservation processes for various types of materials depending on the condition of the artworks to be conserved and/or stabilized. All processes included in this list and others that may arise will be approved by the TPOC and/or SME prior to beginning conservation treatments:

0. Remove previous treatments and old varnish layers where applicable, per the direction of the TPOC and/or subject matter expert.

0. Stabilize and/or consolidate flaking or unstable paints; clean and stabilize the work of art, when necessary, per the direction and approval of the TPOC and/or subject matter expert.

0. In-paint areas of loss.

0. Surface cleaning, obverse, and reverse.

0. Repair of physical damage such as rips and punctures.

0. Repair and stabilization of damage due to environmental issues, such as mold, water, and fire damage.

0. Structural repairs of panels.

0. Retouching varnish.

0. Re-varnishing paintings.

0. Re-bonding paint to substrate (e.g., lining).

0. Repair of tenting, crackling, etc.

0. Adjusting stretcher bars and, if necessary, re-stretching canvases.

0. Custom work not listed above; this will involve any issues that may be found during the assessment at the conservator’s studio that does not fit the list from (i) through (xii).

0. Consultation services, including but not limited to, suggestions for conservation treatment, conservation planning, restoration, preservation, and project sequencing.

0. Clean and stabilize period frames.

0. Restore any missing parts of the frame.

1. The Contractor may subcontract to appropriate conservators for conservation treatment on frames. that may require specialized treatment outside the capabilities of the contractor (i.e.: repairs to antique, gilded frames).

1. All conservation treatments shall be reversible in accordance with the American Institute for Conservation of Historic and Artistic Works (AIC) standards for the treatment of paintings.

0. Final Treatment Report

a) Final written conservation treatment reports are to be submitted for each painting receiving conservation treatment and provide the following details:

i. Accession number, title, and artist where applicable

ii. Medium and support

iii. Dimensions/measurements

iv. Description and condition

v. Conservation treatment applied detailing the steps taken to achieve the completed results, and new condition of the painting including any previous repairs or restorations discovered during the treatment process.

vi. Photo documentation of before, during, and after treatment detailing the condition and process of completed conservation.

Paintings and frames shall be photographed front and back with detailed photographs of areas of damage or instability, to include previous treatments, repairs and construction techniques prior to conservation.

The photographs will be included within the body of the treatment report and provided as separate images.

b) Conservation treatment reports will follow the guidelines as established by the AIC.

1. Applicable Information and/or Documents

0. Government Technical Point of Contact (TPOC): to be provided upon contract award

0. The TPOC shall provide background material information on each painting as is practicable.

0. The TPOC may be assisted by multiple subject matter experts. The subject matter experts shall provide technical guidance and clarification in the absence of the TPOC.

0. The TPOC and/or subject matter experts shall review and approve all work. All work that does not meet the TPOC’s approval shall be rejected and reworked according to the TPOC and/or subject matter expert direction.

0. The TPOC shall have ten (10) working days to respond to the Contractor requests for information, proposals, or queries, by either phone or email.

0. The TPOC may visit the Contractor’s conservation facility no less than two (2) times over the course of the contract. Each visit shall be coordinated with the Contractor.

0. The TPOC shall host initial progress meetings, generally in person or via telephone/teleconference call. Schedule, frequency, and duration are to be determined.

0. The final inspection and acceptance shall take place upon completion of conservation treatment on the agreed upon paintings and accepted by the TPOC according to the accepted conservation treatment.

0. Period of Performance: The period of performance shall be a total of 12 months, beginning upon date of contract award.

0. Place of Performance

1. Paintings and frames may be assessed onsite at the NMMC Museum Support Facility (MSF).

0. The Contractor is required to visit the NMMC MSF as directed by the TPOC for the purpose of the examination of paintings and frames where conservation assessments are required or need to be conserved.

1. The Contractor shall perform all conservation treatment required at their conservation facility.

1. The conservation facility where paintings and frames are to be treated is required to meet the safety, ethics, and security standards set by the American Institute for Conservation of Historic and Artistic Works (AIC).

1. The Contractor must be able to provide safe and secure transportation and/or in some cases fine art transportation/shipping for all paintings and frames that are transportable to and from the NMMC Museum Support Facility in Dumfries, VA to their conservation facility. The Contractor shall comply with all shipping and hauling requirements for the Commonwealth of Virginia, the USMC, and all other associated authorities. All deliveries shall be coordinated with the TPOC.

1. The Contractor shall be responsible for their transportation to and from the NMMC MSF unless otherwise agreed upon with the TPOC.

1. The Contractor must be able to receive paintings and frames and have a secure location in which they can be received safely and free of environmental hazards.

0. List of Deliverables and Performance Information

Delivery

0. Government Property: The paintings and frames requiring services under this contract are considered Government property. The Government shall provide the paintings and frames for review and examination for the Contractor to prepare conservation assessments. Once the assessment has been approved by the TPOC, treatment of the paintings and frames can begin. Upon transfer and return of the paintings and frames to and from the NMMC, painting and frame transfer documentation is required for NMMC records and accountability.

0. Delivery Address: All paintings and frames and any any/all deliverables shall be delivered to the following location in coordination with the TPOC:

NMMC Museum Support Facility (MSF) 17001 Interstate Drive, Ste. 130 Dumfries, VA 22026

0. Hours of Operation: The Contractor must be available to work during normal working hours in coordination with the TPOC, from 9:00 a.m. – 5:30 p.m., Monday through Friday, except on U.S. Federal Holidays. Visit Federal Holidays (opm.gov) to view the applicable listing of U.S. Federal Holidays.

0. Contractor Personnel / Qualifications

4. The Contractor shall adhere to the professional standards set forth in the American Institute for Conservation of Historic and Artistic Works (AIC) Code of Ethics and Guidelines for Practice. Contractor shall acknowledge membership in the AIC at the level of a Professional Associate.

4. In their quote, the Contractor shall demonstrate that they have recent and relevant experience performing projects similar to the services requested herein.

0. Travel

5. The Government intends to award a Firm-Fixed Price (FFP) contract type. The Contractor is responsible for all travel/per diem related expenses required to perform this contract. Any anticipated travel costs in the performance of this contract shall be included as part of the quoted rate(s). Any travel matters associated with the performance of this contract are the sole responsibility of the Contractor. The Government shall not have any financial responsibility other than paying for the FFP on each line item.

0. Security Requirements: The Contractor must possess a current valid state driver’s license and/or form of government approved official identification containing a personal photograph. The identification is required for security purposes to access Government facilities.

0. Specifications

7. The Contractor shall provide proof of insurance coverage to ensure the paintings are protected while in the conservator’s care, as determined by the TPOC.

7. The Contractor’s conservation facilities shall provide the appropriate climate and humidity controls in place providing a stable environment for Museum property meeting the following requirements: 50-60% relative humidity and 68-72 degrees temperature Fahrenheit with plus or minus 5% fluctuation.

0. List of Attachments

Attachment 1 – List of 15 Paintings to be Conserved

SITE VISIT INFORMATION

Interested vendors are invited and encouraged to attend a site visit during the solicitation period.

Date: Thursday, August 28th Time: 10:00 a.m. Eastern Time Location: NMMC Museum Support Facility (MSF) 17001 Interstate Drive, Suite 245 Dumfries, VA 22026

RSVP to Site Visit: Vendors who plan to attend the site visit must notify David Laster via email at david.laster@usmc.mil no later than 3:00 p.m. Eastern Time on Tuesday, August 26th, 2025. In your RSVP, please include the following information:

1. Business/entity name, CAGE code, and UEI

1. First and last names of individuals attending the site visit.

(End of Site Visit Information)

52.212-1 & 52.212-2 ADDENDUMS

52.212-1 ADDENDUM

INSTRUCTIONS TO QUOTERS - Commercial Products and Commercial Services.

GENERAL INTENTION: Marine Corps Installations – National Capital Region (MCI-NCR) has a commercial requirement for Painting Conservation Services. In accordance with FAR Part 12 and FAR Part 13, the MCI-NCR Regional Contracting Office is issuing a commercial solicitation for the acquisition of such supply. Required specifications are listed in the Schedule of Supplies/Services within this solicitation.

VENDOR QUESTIONS: Questions about this RFQ must be submitted via email to both David Laster and Michael Bogatyr at the following email addresses: michael.bogatyr@usmc.mil; david.laster@usmc.mil.

Questions shall be submitted no later than Friday, August 29, 2025, at 11:00 AM Eastern Time. No late questions will be accepted. Any resultant amendment from Q&A will be posted with the solicitation.

CUSTOMER: National Museum of the Marine Corps (NMMC)

PROCUREMENT APPROACH: The Contractor’s quote shall reflect the characteristics and level of quality that will satisfy the Government’s need as described in the Schedule of Supplies/Services. A single firm-fixed price (FFP) award will be issued and it is the Government’s intent to award on an “all-or-none” basis to satisfy this requirement. The Government reserves the right to issue no award at all resulting from this solicitation.

This is a notice that this order is a total set aside for small business concerns. Only quotes submitted by small business concerns will be accepted by the Government. Any quote that is submitted by a contractor that is not a small business will not be considered for award.

PAYMENT TERMS: NET 30. Invoices must be submitted via the Wide Area Workflow (WAWF) in accordance with DFARS 252.232-7006 which is included in this solicitation.

REQUIRED PERIOD OF PERFORMANCE: The period of performance is 12 months from the date of contract award.

TECHNICAL COMPLIANCE: To ensure technical compliance:

1. Quotes must clearly demonstrate that they can meet the solicitation requirements in accordance with the Performance Work Statement.

1. Quotes must clearly state whether the quoter can meet the requested period of performance date. Vendors who cannot meet the required period of performance dates will not be considered technically acceptable.

Please note: Submission of a signed copy of the RFQ alone is not sufficient in demonstrating the quoter’s technical compliance/capability. A mere statement that the quoter will meet the Government’s requirement or a restatement/copy of the Government’s requirements without any additional information provided by the quoter is not sufficient in demonstrating the quoter’s technical compliance/capability.

SUBMISSION OF QUOTES:

1. Quotes shall be submitted no later than the time and date specified on Block 8 of page 1 of the SF1449 solicitation. Late quotes will not be accepted or considered for award. Vendors are responsible for ensuring their quotes have been received by the date and time specified in Block 8 on Page 1 of this solicitation. Delivery delays that cause a quote to be late are not the responsibility of the Government agency.

1. Quotes shall be submitted electronically via email to both David Laster and Michael Bogatyr at the following email addresses: michael.bogatyr@usmc.mil; david.laster@usmc.mil

1. Quoters must submit their quotes as an attachment(s) to their email submission. This includes any/all quote pricing and technical information. Quote packages shall not exceed three (3) file/document attachments. Quote packages that exceed three (3) attachments may not be considered.

52.212-2 ADDENDUM

EVALUATION – Commercial Products and Commercial Services.

EVALUATION.

The provision at 52.212-2, Evaluation - Commercial Products and Commercial Services, applies to this acquisition as follows:

(a) The Government will award a contract resulting from this solicitation to the responsible quoter whose quote conforms to the solicitation.

(a)(1) The basis for award is PRICE per FAR 13.106-1(a)(2).

(a)(2) Evaluation procedures per FAR 13.106-2(b)

The following factors shall be used to evaluate Quotes:

1. Conforming to all matters with respect to the solicitation:

Quotes must clearly demonstrate the quoted services meet or exceed the requirements set forth in the performance work statement; must specify performance dates; and must meet all the terms and conditions of the solicitation.

1. Past Performance:

The apparent successful, prospective contractor shall have neutral to satisfactory past performance. Past Performance shall be evaluated in accordance with FAR 13.106-2(b)(3)(ii) and DFARS Subpart 204.76.

1. Price:

In accordance with FAR 13.106-3(a), before making the award, the Contracting Officer will determine that the apparent successful, prospective contractor’s proposed price is fair and reasonable.

Completeness and Accuracy: The Government will review the quotes for completeness and accuracy. A determination will be made as to whether the Quoter properly completed the pricing tables. The Quoter’s quote will be checked for mathematical correctness to include the following:

1) Checking arithmetic in all computations; and

2) Ensuring all prices are summarized correctly; and

3) All prices quoted are no more than two decimal spaces.

The Government intends to evaluate quotes and award a contract without discussions with vendors. Vendors should not expect requests for clarification or additional information from the Government. Award will be based on the initial evaluation of quotes received in response to the solicitation. Therefore, quoters are cautioned that their initial quotes should contain their best terms from a technical and price standpoint. However, the Government reserves the right to conduct discussions with vendors if later determined by the Contracting Officer to be necessary. The Government may reject any or all quotes if such action is in the public interest; and may waive informalities and minor irregularities in quotes received.

Painting Conservation Services

FFP

Professional conservation services for paintings and frames in accordance with the attached Performance Work Statement (PWS). *In accordance with PWS, period of performance shall begin on date of contract award. RFQ PoP dates are estimated and will be updated upon contract award.* FOB: Destination

PURCHASE REQUEST NUMBER: M304005788315

PSC CD: R499

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

09-SEP-2026

17001 INTERSTATE DRIVE, STE 130

DUMFRIES VA 22026

JOAN THOMAS

571-320-4892 FOB: Destination M30400

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEVIATION 2025-O0003/ DEVIATION 2025-O0004) (MAR 2025) ALTERNATE I (MAR 2025)

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

(a) Definitions. As used in this provision --

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

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

"Forced or indentured child labor" means all work or service-

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

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

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

"Immediate owner" means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

"Sensitive technology"--

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

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

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

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

"Service-disabled veteran-owned small business (SDVOSB) concern" means a small business concern—

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

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

(2) A small business concern eligible under the SDVOSB Program in accordance with 13 CFR part 128 (see subpart 19.14).

(3) Service-disabled veteran, as used in this definition, means a veteran as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16), and who is registered in the Beneficiary Identification and Records Locator Subsystem, or successor system that is maintained by the Department of Veterans Affairs' Veterans Benefits Administration, as a service-disabled veteran.

"Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB Program" means an SDVOSB concern that--

(1) Effective January 1, 2024, is designated in the System for Award Management (SAM) as certified by the Small Business Administration (SBA) in accordance with 13 CFR 128.300; or

(2) Has represented that it is an SDVOSB concern in SAM and submitted a complete application for certification to SBA on or before December 31, 2023.

"Service-disabled veteran-owned small business (SDVOSB) Program" means a program that authorizes contracting officers to limit competition, including award on a sole-source basis, to SDVOSB concerns eligible under the SDVOSB Program.

"Small business concern"--

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

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

"Small disadvantaged business concern, consistent with 13 CFR 124.1001", means a small business concern under the size standard applicable to the acquisition, that--

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

(i) One or more socially disadvantaged (as defined at 13 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 CFR 124.104(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 least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

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

(b) (1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ___

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii). Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that--

(i) It [ ___ ] is, [ ___ ] is not a small business concern; or

(ii) It [ ___ ] is, [ ___ ] is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h) and 13 CFR 125.8(a) and (b). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ ]

(2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a veteran-owned small business concern.

(3) SDVOSB concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents that it [ ___ ] is, [ ___ ] is not an SDVOSB concern.

(4) SDVOSB concern joint venture eligible under the SDVOSB Program. The offeror represents that it [ ___ ] is, [ ___ ] is not an SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR 128.402. [Complete only if the offeror represented itself as an SDVOSB concern in paragraph (c)(3) of this provision.] [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .]

(5) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it [ ___ ] is, [ ___ ] is not a small disadvantaged business concern as defined in 13 CFR 124.1001.

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

(7) WOSB joint venture eligible under the WOSB Program. The offeror represents that it [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .

(8) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents that it [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .]

Note to paragraphs (c)(9) and (10): Complete paragraphs (c)(9) and (10) only if this solicitation is expected to exceed the simplified acquisition threshold.

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

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

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

(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, as having been certified by SBA as a HUBZone small business concern in the Dynamic Small Business Search and SAM, and will attempt to maintain an employment rate of HUBZone residents of 35 percent of its employees during performance of a HUBZone contract (see 13 CFR 126.200(e)(1)); and

(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR 126.616(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .] Each HUBZone small business concern participating in the HUBZone joint venture shall provide representation of its HUBZone status.

(12) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(5) of this provision.)

___ Black American.

___ Hispanic American.

___ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).

___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).

___ Individual/concern, other than one of the preceding.

(d) [Reserved]

(e) Certification Regarding Payments to Influence Federal Transactions (31 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:

[List as necessary]

(3) Domestic end products containing a critical component:

Line Item No.

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

(g)(1) Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act, is included in this solicitation.)

(i) (A) The Offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (iii) of this provision, is a domestic end product and that each domestic end product listed in paragraph (g)(1)(iv) of this provision contains a critical component.

(B) The terms "Bahraini, Moroccan, Omani, Panamanian, or Peruvian end product,'' "commercially available off-the-shelf (COTS) item,'' "critical component,'' "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American--Free Trade Agreements--Israeli Trade Act."

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

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

(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:

(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.

(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…