D1. RFQ M00264-24-Q-0180.docx

M0026424Q0180

Section SF 1449 - CONTINUATION SHEET

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 Professional photography services for posters and archival artifacts. 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 services. Required specifications are listed in the Schedule of Supplies/Services within this solicitation.

VENDOR QUESTIONS: Any questions about this RFQ must be submitted via email to Molly Henderson at molly.henderson@usmc.mil no later than Friday, August 30, 2024 at 10:00 a.m. Eastern Time. No further questions will be accepted after this deadline. Any resultant amendment from Q&A will be posted with Q&A. Please note there is no planned site visit during the solicitation period.

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 and the Performance Work Statement (PWS). A single firm-fixed price 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 DELIVERY/PERIOD OF PERFORMANCE: The Government intends to award an Indefinite Delivery Indefinite Quantity contract (IDIQ) for this requirement with a 5-year ordering period during which individual task orders may be issued/awarded under the master IDIQ contract. The ordering period for the base year shall begin upon 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 (PWS). A mere statement that the quoter will meet the Government’s requirement is NOT sufficient.

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

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. Quotes shall be submitted electronically via email to Molly Henderson at molly.henderson@usmc.mil. 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. All quoters must submit their quotes as no more than two (2) file/documents as attachment(s) to their email submission. This includes any/all quote pricing and information demonstrating the quoter can meet the solicitation requirements per the PWS. Quote packages that are submitted as more than two (2) files/documents/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 items meet or exceed the extended description of services; must address each performance requirement with respect to the Performance Work Statement (PWS); must specify period of performance; 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.

· The quoter must complete and submit Attachment 1: Pricing Table with their quote submission. The quoter’s completed pricing table will be evaluated, including the average total price for each billable task across the total 5-year ordering period.

· The quoter must submit a price estimate for the TASK ORDER EXAMPLE herein in accordance with their completed Pricing Table, Year 1 pricing. This estimate should include a breakdown of pricing for the Task Order 1 Example, as well as a total price estimate for the Task Order 1 Example.

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.

PERFORMANCE WORK STATEMENT

Performance Work Statement (PWS) Photography of Posters and Archival Artifacts National Museum of the Marine Corps (NMMC)

1. Background The National Museum of the Marine Corps (NMMC) acquires, stores, preserves and exhibits the material history of the Marine Corps from 1775 to the present. In addition, the NMMC educates Marines on their traditions, supports the efforts of the Marine Corps command museums, as well as serves as a source of information for Marines, veterans, the academic community, and the public. As part of its mission, 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 collection includes artifacts made of paper like movie posters, lobby cards, recruiting posters, recruiting advertisements and materials, posters documenting the American home front during war, propaganda, and archival wartime service-related souvenirs, Marine Corps themed signs, wall décor and other archival materials that document Marine Corps culture.

1. Scope This requirement is for professional fine art photography, scanning, and the creation of reproductions of original posters, signs, and or other two-dimensional and three-dimensional archival printed and framed artifacts that document Marine Corps history and culture. The collections range from the late 19th century to the present day and were produced and/or created by the U.S. Marine Corps Recruiting Command, the U.S. Government, movie production companies (MGM, Warner Bros., Republic, Mascot, Columbia, Pathe, 20th Century Fox, Paramount, etc.), personal donors, among others. Most of the artifacts are archival materials and are made of paper. Others are painted or printed on cardboard, metal, wood, and other substrates. Some posters are laminated, and a few are mounted and affixed to other types of backings. The condition of the artifacts ranges from pristine to very fragile. The scope of this requirement is to professionally photograph and/or or scan posters and other archival materials and artifacts for use as a master digital archival record and to have images to support research requirements and requests for reproductions, and to create professional fine art reproductions on stretched canvas and/or on fine art paper(s).

The Government intends to award an Indefinite Delivery Indefinite Quantity (IDIQ) contract for this requirement with a 5-year ordering period during which individual Task Orders may be issued/awarded under the master IDIQ contract. The Contractor shall perform services as identified in each Task Order.

1. Performance Requirements

2. Tasks

0. Intake Meeting and Site Visit to NMMC Museum Support Facility (MSF) The contractor shall be available for an intake meeting with twenty-five (25) days of contract award to review a sampling of posters and artifacts requiring photography and review workspace for photographing the collection. The intake meeting and review of collection and workspace may be completed in a single visit. Meeting and site visit will be coordinated directly with the TPOC and take place at the NMMC Museum Support Facility (MSF).

0. Photography, Scanning and Reproduction of Posters and Artifacts Photographic and scanning task orders under this contract may range from a single item to three hundred (300) items, and task orders may be spread out across several days of physical photographing/scanning sessions to be coordinated between the Contractor and TPOC. Printed reproduction projects are usually limited to 1-20 prints on either fine art paper(s) or archival quality canvas. To minimize handling and reduce the risk of damaging fragile artifacts, most photographic tasks will be performed at the MSF, and the Contractor must provide any equipment required to perform requirements.

No photographic or scanning efforts shall modify or harm Museum posters or archival artifacts. The Contractor shall be able to identify the amount of space and time needed to complete task orders under this contract and provide the TPOC with potential options, as applicable, for completion of large photography projects for review by the TPOC.

0. Digital Images

1. Unless otherwise specified by the Technical Point of Contact (TPOC), all digital images will be captured at 300dpi for output at 60” along the long dimension at a minimum size of 75 mb TIF file. Unless otherwise specified by the TPOC, the contractor will be required to provide a 4 x 5” Proof Print and digital files for each artifact photographed to include the following:

0. High Resolution TIF file – 20” at 300 DPI

0. JPG – 20” @ 300 DPI

0. Med Resolution JPG – 10” @ 300 DPI

0. Low Resolution JPG – 5” A 72 DPI

0. At the end of each task order jpegs and TIF file of each poster or archival artifact will be provided to the TPOC via Dropbox within ten (10) days after session. An external hard drive containing a high resolution .TIF and .jpeg file for each item scanned and/or photographed will provided at the end of the performance year.

1. Contractor must provide digital images of posters and archival artifacts photographed in their original form as well as any identified posters or archival artifacts requiring retouching, as identified in task orders.

0. Retouching photography Images Contractor must also be able to digitally retouch images produced of items photographed at the following levels:

0. Reproductions, Printing and Digital Materials All print and digital materials shall be archival quality and museum grade, unless otherwise specified on any task order under this contract. The contractor shall provide a color Proof Print for each reproduction print, which shall be approved by the TPOC before the final reproductions/prints are produced unless the TPOC specifically advises the Contractor that proofs are not required. The type of print materials that shall be used are generally determined by the original poster or archival artifact. Original works on paper shall be reproduced on fine art paper.

0. Printing and Framing Tasks Printing tasks may range in quantity from a single piece to more than a dozen. Printing tasks may require matting and framing of individual pieces. Any printing task under this contract shall have an identified period of performance for the task to be completed.

Contractor must be able to produce prints on stretched archival canvas and or on fine art paper(s) in the following sizes (unframed):

The Contractor must have the ability to provide framing and matting for reproduction prints.

0. Scheduling Photography Scheduling Photography tasks (“tasks” refers to a scheduled photography session as specified by an applicable task order under this contract to photograph posters and archival artifacts) will involve a five (5) to ten (10) calendar day lead time before work begins. Specific lead times will generally be defined at the task order level.

0. Recommendations The Contractor shall be required to make recommendations to the TPOC on imaging methodologies, project scheduling, and printing options. All work involves creative problem solving to professionally document rare, unique, and valuable collections of the NMMC.

3.1.9. Contractor Coordination with TPOC: The Contractor shall maintain contact by phone, mail, email or in person (whichever is most efficient) with the TPOC in order to resolve difficulties or make decisions regarding any task order under this contract.

1. Applicable Information and/or Documents

3. Government Technical Point of Contact (TPOC): TPOC contact information to be provided to the Contractor at time of award.

0. The TPOC shall provide background material and information on posters and archival artifacts to the Contractor, as applicable, for the materials requiring photography. In some cases, there is limited historical data available and shall be provided upon request of the Contractor.

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 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 of prints, reproductions, images, photo proof prints and any other materials shall take place upon completion of photography projects and will be accepted by the TPOC.

3. Period of Performance: The Government intends to award an Indefinite Delivery Indefinite Quantity contract (IDIQ) for this requirement with a 5-year ordering period during which individual task orders may be issued/awarded under the master IDIQ contract. The ordering period for the base year shall begin upon the date of contract award.

3. Place of Performance: The Contractor shall examine the workspace at the NMMC Museum Support Facility (MSF). The majority of photography will be accomplished at the MSF in either the artifact processing room or high-density artifact storage area.

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

2. The Contractor may be required to visit other Marine Corps facilities, as directed by the TPOC, to photograph posters or archival artifacts.

2. Many of the posters and archival materials intended for photography and scanning are extremely fragile. Due to the fragility, the physical photography and scanning shall be completed on site at NMMC and USMC facilities in the Northern Virginia and Washington DC areas. Place of performance shall be specified at the task order level.

3. List of Deliverables: The contractor shall provide the NMMC/TPOC with all finished 4” x 5” proof prints, digital images, scans, thumb drives, reproductions and any other digital media.

3. Government Property: The Government shall provide the posters and archival artifacts to be photographed or scanned. Some artifacts or their images may be under public domain, and others may not. The Contractor may produce reproductions of images under public domain but will not be permitted to reproduce any images that are not under public domain. Further details to be established at the task order level.

3. Delivery Address: Any/all deliverables shall be delivered to one of the following locations in coordination with the TPOC:

5. National Museum of the Marine Corps (NMMC) 1775 Semper Fidelis Way Triangle, VA 22172

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

3. Hours of Operation: The Contractor must be available to work during normal work hours in coordination with the TPOC, from 8:00 a.m. - 4:30 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.

3. Contractor Personnel / Qualifications:

7. The Contractor shall provide all materials, equipment, and supplies as needed, to fully carry out the requirements herein.

7. The Contractor shall provide the names and contact information for any professional staff under their employ who may work on any photography project required under this PWS.

3. Travel:

8. 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.

3. Government Facility Access: The Contractor must possess a current valid sate 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.

3. List of Attachments:

· Attachment 1 – Pricing Table: Each quoter must complete and submit Attachment 1 with their quote package.

(End of PWS)

TASK ORDER EXAMPLE

DRAFT Task Order 1: NMMC Photography of Posters and Archival Artifacts Year 1 of Ordering Period under IDIQ contract M00264-24-D-XXXX All Terms and Conditions of the master IDIQ contract and its Performance Work Statement (PWS) are hereby incorporated and applicable to this Task Order.

1. Purpose: The purpose of this task order is to photograph and or scan two hundred and fifty (250) posters and archival artifacts which includes original posters, lobby cards, window cards, signs, and other two-dimensional archival and printed artifacts that document Marine Corps history and culture. Some posters are laminated, a few are mounted and affixed to other types of backings. Posters and archival artifacts are different sizes, mediums, and conditions. Some may be mounted to board, canvas, or have a linen backing others may be laminated. The condition of these items ranges from pristine to fragile.

1. Tasks:

1. Intake Meeting and Site Visit to NMMC Museum Support Facility (MSF)

1. The Contractor shall be available for an intake meeting within twenty-five (25) days of Task Order award to review the posters and artifacts requiring services per the Task Order Attachment 1 List and review workspace for photographing the collection. The intake meeting and review of pieces identified may be completed in a single visit. Meeting and site visit will be coordinated directly with the TPOC and take place at the NMMC Museum Support Facility (MSF).

1. Photograph or scan posters and archival artifacts

1. The two hundred and fifty (250) posters and archival artifacts associated with this task order are listed as a single group of items. A brief description of each item to include its name, size and whether it requires any specific level of retouching is provided in the attached list – NMMC Poster and Archival Artifacts Photography_TO1 List.

1. The TPOC will coordinate with the Contractor to schedule photography for the items which will be photographed over a group of photography sessions rather than in a single day.

1. The Contractor shall provide the following for each image photographed:

1. All digital images will be captured at 300dpi for output at 60” along the long dimension at a minimum size of 75 mb TIF file.

1. Unless otherwise specified by the TPOC, the contractor will be required to provide a 4 x 5” Proof Print and digital files for each artifact photographed to include the following:

1. High Resolution TIF file – 20” at 300 DPI

1. JPG – 20” @ 300 DPI

1. Med Resolution JPG – 10” @ 300 DPI

1. Low Resolution JPG – 5” A 72 DPI

1. A thumb drive containing a high resolution .TIF and .jpeg file for each item scanned and/or photographed. All images from an individual photography session may be contained on a single thumb drive.

1. Each Proof Print must be labeled with the image name and object/catalog number.

1. Retouching

3. See attached list for associated retouching levels for each poster to be photographed.

1. Scheduling

1. The TPOC will work with the Contractor to schedule the photography tasks specified in this task order (“tasks” refers to a scheduled photography session to photograph posters and archival artifacts specified in this task order).

1. This is a large photographic and scanning project with two hundred and fifty (250) pieces and involves a ten (10) day lead time before work begins. The lead time is to permit the TPOC time to ensure that the posters and archival artifacts are ready for the Contractor before work begins.

1. Period of Performance:

1. All photography must be completed within 45 days of task order award.

1. After photography is completed, the Contractor shall have two (2) months for retouching and to deliver the digital files, Proof Prints, .TIF files, .jpegs, and thumb drive.

1. Poster/Archival Artifact List:

3. See Task Order Attachment 1 - Poster and Archival Artifacts Photography TO1 List

0. Photograph/scan all posters and archival artifacts listed and retouch at the requested level for each.

(End of Task Order 1)

Professional photography services

FFP

Fine art photography services for posters and archival artifacts in accordance with the attached Performance Work Statement (PWS) and Attachment 1: Pricing Table. 5-year ordering period during which individual task orders may be issued/awarded under the master IDIQ contract. *IAW PWS, ordering period shall begin upon date of contract award. RFQ PoP dates are estimates and will be updated upon contract award.* FOB: Destination

PSC CD: T010

MAX

NET AMT

CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

$100.00

$200,000.00

CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE

The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.

CLIN

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

15-SEP-2029

17001 INTERSTATE DRIVE, STE 130

DUMFRIES VA 22026

JENNIFER CASTRO

703-784-2607 FOB: Destination M30400

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024) ALTERNATE I (FEB 2024)

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

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

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

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

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

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

(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) Certifications and representations required to implement provisions of Executive Order 11246--

(1) Previous Contracts and Compliance. The offeror represents that--

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

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

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

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

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

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