(f) RFQ NMFS AKR-23-0727.pdf

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

OMB Approval No. 9000-0009

This RFQ [XX] is [ ] is not a Small Business Set-Aside

Page 1 of

31 pages

1. REQUEST NO.

NMFS AKR-23-0727

2. DATE ISSUED

July 27, 2023

3. REQUISITION/PURCHASE REQUEST NO.

N/A

4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG.1

RATING

N/A

5a. ISSUED BY: U.S. DEPT. OF COMMERCE, NOAA, NMFS ALASKA REGION (AKR)

P.O. BOX 21668, JUNEAU, AK 99802

6. DELIVER BY (Date) See Performance Work Statement

5b. FOR INFORMATION CALL (NO COLLECT CALLS)

7. DELIVERY

NAME TELEPHONE NUMBER [ X ] FOB DESTINATION [ ] OTHER (see schedule)

GILBERT MENDOZA

FAX (907) 586-7255

AREA CODE

NUMBER

586-7579

9. DESTINATION

a. NAME OF CONSIGNEE

NOAA NMFS ALASKA REGION 8. TO:

a. NAME

b. COMPANY

b. STREET ADDRESS PO Box 21668

c. STREET ADDRESS

c. CITY Juneau

d. CITY

e. STATE

f. ZIP CODE d. STATE

AK

e. ZIP CODE 99802

10. PLEASE FURNISH QUOTATIONS TO

THE ISSUING OFFICE IN BLOCK 5a ON OR

BEFORE CLOSE OF BUSINESS (Date) Wednesday – August 9, 2023 by 1:00 PM AK Time

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local Taxes)

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

Contractor to provide NOAA National Marine Fisheries Services, Alaska Region one job of professional services to meet National Archives and Records Administration Paper Archive Deadline action in accordance with the Performance Work Statement (PWS) attached.

Government will make award of a firm fixed price purchase order to the contractor based on best value to the Government per the evaluation factors of the PWS.

Job

Total

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS %

b. 20 CALENDAR

DAYS %

c. 30 CALENDAR DAYS %

d. CALENDAR DAYS

NUMBER

PERCENTAGE

NOTE: Additional provisions and representations [ ] are [ ] are not attached.

13. NAME AND ADDRESS OF QUOTER 14. SIGNATURE OF PERSON AUTHORIZED TO SIGN

QUOTATION

15. DATE OF QUOTATION

a. NAME OF QUOTER

16. SIGNER

b. STREET ADDRESS

a. NAME (type or print) b. TELEPHONE

c. COUNTY

AREA CODE

c. TITLE (type or print)

d. CITY

e. STATE

f. ZIP CODE

NUMBER

Authorized for Local Reproduction STANDARD FORM 18 (Rev. 6-95) Previous Edition Not Usable Prescribed by GSA FAR (48 CFR) 53.215-1(a)

Request Number: NMFS AKR-23-0727 Date Issued: July 27, 2023

(TYPE OR PRINT)

COMPANY NAME__________________________________________________________________

ADDRESS_________________________________________________________________________

CITY__________________________________________ STATE_____________________________

COMPANY SAM.GOV UNIQUE ENTITY ID: ________________________________

SMALL BUSINESS? _______

QUOTED BY: _________________________________ E-mail:_______________________________

PHONE No:________________________________ FAX No:_________________________________

DATE __________________

RFQ PROCUREMENT ACTION NAICS CODE: 561410 – Document Preparation Services - SIZE STANDARD: $16.5 million

QUOTE DUE BY Wednesday – August 9, 2023 by 1:00 PM Alaska Time to GILBERT MENDOZA AT E-mail: Gilbert.Mendoza@noaa.gov, with the Subject Line “Contractor Name” – Response to RFQ NMFS

AKR-23-0725.

NOTE TO QUOTER:

NOAA NMFS Alaska Regional Office of Management Division (OMD), requires that all contractors doing business with OMD be registered with the System for Award Management (SAM). NO award can be made unless the vender is registered in SAM. For additional information and to register for free in SAM please access the following web site: https://www.sam.gov/portal/public/SAM.

Performance Work Statement National Oceanic and Atmospheric Administration (NOAA)

National Marine Fisheries Service (NMFS) Alaska Region, Restricted Access Management Division (RAM)

Title National Archives and Records Administration Paper Archive Deadline

Background The contractor or specialist will work with the Alaska Region (AKR), RAM Division, Technical Services & Records Branch and other necessary AKR Regional staff to assess, recommend, plan, implement, and complete work to meet a June 2024 deadline referenced in Memorandum M‐23‐07, (https://www.whitehouse.gov/wp‐content/uploads/2022/12/M_23_07‐M‐Memo‐Electronic‐ Records_final.pdf ) for which NARA will no longer accept any agency paper records in archives.

Additionally, this contract will include an inventory, assessment, and key recommendations to AKR stakeholders for improved mixed media information management, governance, and information asset lifecycle management.

These professional services may cover a variety of related tasks within the scope of AKR’s Technical Services & Records Branch purview and mission related to information management, including:

• Inventory of AKR agency records, information, and content, both in physical and digital format

• Assessment of AKR agency records and content and recommendation for either paper shipment to archives, local storage, or digitization/scanning

• Creation and implementation of an operational plan for meeting the NARA paper shipment deadline, including contractor staff support for the implementation, administrative, and logistics involved with meeting paper shipment deadline

• Creation of best practice and guidance documentation for handling physical and mixed media content at AKR moving forward

• Education and outreach to AKR staff on current project, future strategy, and best practices for ongoing and future information management

Tasks Key tasks include the following:

Task #1: The contractor shall conduct an inventory and assessment of all AKR agency records and content, including the following:

1) Identify and characterize all AKR agency records, information, and content across AKR Divisions; priority should be on most frequently used and accessed content. Coordinate and facilitate the inventory and assessment of all records for AKR Divisions and teams;

2) Provide frequent updates to key AKR management staff, Records team staff, data owners, and data custodians throughout inventory and assessment

Deliverables:

a) Create and present a final report detailing the results of the inventory (to include type of records we have and which ones will need to be shipped out), the inventory itself, and an assessment and characterization of the records for key stakeholders

Task #2: Creation, implementation, and completion of an operational plan for meeting the NARA paper deadline, including the following:

1) Produce report indicating the approach, timeline, and planned activities to meet the NARA paper shipment deadline

a. Report shall include: details on needed contractor staff resources and AKR staff support for actual implementation, administrative, and logistical work effort involved with meeting NARA paper shipment deadline

2) Provide frequent updates to key AKR records staff, data owners, and data custodians throughout the course of the project

3) Provide status summaries at mutually agreed upon intervals throughout performance period

Deliverables:

a) Final report that is a written operational plan to meet the NARA paper shipment deadline that includes recommendations for AKR to successfully meet the federal mandate.

Task #3: Creation of written best practice and guidance documentation for improved information management at AKR, including physical (paper) and mixed digital media content in the AKR environment, including the following:

1) Produce written best practice and guidance documentation to facilitate and improve AKR Technical

Services & Records team staff knowledge and best practices for records and information management in a mixed media environment, with consideration given to federal records management and NARA requirements

Deliverables:

a) Presentation and Final report of best practices and guidance documentation on information management specific to the NOAA Alaska Region’s records profile to best manage information at AKR

Task #4: Outreach and education to AKR staff on current records project, future information management strategy, and best practices for information management, including the following:

1) Provide necessary outreach and presentations to inform all AKR staff of the current NARA deadline project’s overall efforts, required tasks, and timeline

2) Facilitate improved information and records management knowledge and subject matter expertise among all AKR data owners, data custodians, and general staff

Deliverables:

a) Produce all necessary training presentations for AKR staff completion of tasks specific to NARA paper deadline project

b) Present outreach and training support for AKR staff to facilitate and improve records and information management practices at AKR

c) Conduct final project completion meeting with AKR key business stakeholders, outlining recommendations for best practices and future records and information management strategies

Deliverables Schedule The following is a schedule of all deliverables, including administrative deliverables, required during the period of performance of this contract:

Description Quantity Due Date Deliver to Reference

Task #1: Inventory and Assessment

Varies Sep 2023 – Nov

AKR, RAM,

Technical Services & Records Branch Manager

Deliverables identified under Task #1 – 1A, 1B, 1C

Task #2: Operational NARA deadline project work

Varies Nov 2023 – May

AKR, RAM,

Technical Services & Records Branch Manager

Deliverables identified under Task #2 – 2A, 2B, 2C, 2D

Task #3: Best practice guidance

Varies

Following operational NARA deadline project work in May 2024

AKR, RAM,

Technical Services & Records Branch Manager

Deliverables identified under Task #3 – 3A, 3B

Task #4: Outreach and education

Varies Continuous;

throughout project

AKR, RAM,

Technical Services & Records Branch Manager

Deliverables identified under Task #4 – 4A, 4B, 4C

Contractor Performance Requirements The proposed personnel must have experience in the following:

● Knowledge and expertise in records, information, and content management, including:

o Records management and lifecycles o Information architecture, governance, taxonomy, and naming conventions o Electronic content management and digitization/scanning technologies

● Excellent verbal and written communication skills

● Skills should be relative to federal government environment

The contractor shall provide interdisciplinary expertise related to program and project management, business processes, best practices and procedures, database management, and meeting facilitation.

The contractor shall have knowledge and expertise of NOAA Fisheries policies and programs, as well as experience with planning, and Federal financial management and operations.

Confidentiality and Data Privacy This contract may require that services contractors have access to Privacy Information. Contractors and all contracting staff are responsible for maintaining confidentiality of all subjects and materials and may be required to sign and adhere to a Non‐Disclosure Agreement (NDA).

Government Furnished Resources The Government will provide all records, data and documents for inventory and access to federal regulations and information to NARA for the work required under this contract.

The Contractor shall use Government furnished facilities, property, equipment and supplies only for the performance of work under this contract, and shall be responsible for returning all Government furnished facilities, property, and equipment in good working condition, subject to normal wear and tear.

Period of Performance The period of performance for this contract purchase order is from the date of award to June 14, 2024.

Place of Performance The majority of inventory and assessment work for this project will be located in the Federal Building in Juneau, Alaska at 709 W 9th Street. The Alaska Region has an additional location in the Federal Building in Anchorage, Alaska at 222 W 7th Avenue that may come into scope for this project. The contractor may work remotely from another location during the remainder of the contract.

Invoicing In compliance with the Prompt Payment Act, the Financial Management Division will pay an invoice in accordance with the terms set forth in the contracts with vendors if it receives a "proper invoice". A "proper invoice" has:

1. Name of the vendor and an invoice date

2. Purchase order number

3. Description, price and quantity of property and services actually delivered or rendered

4. Payment terms

5. Other substantiating documentation, for example a waybill for shipping charges if freight is $100 or more, or other information as required by the contract

6. Name, title, phone number, and complete mailing address of the responsible official to whom payment is to be made

Invoices are to be submitted to:

Attn: Kristin Cieciel National Marine Fisheries Service PO Box 21668 Juneau, AK 99802

Insurance Coverage The contractor is solely responsible for their own health, workmen's compensation and unemployment insurance as well as applicable social security, local, state, and federal taxes.

Federal, State, and Local Taxes:

Except as may be otherwise provided in this contract price includes all applicable federal, state, and local taxes and duties in effect on the date of this contract but does not include any taxes from which the Government the Contractor or this transaction is exempt. Upon request of the contractor, the Government shall furnish a tax exemption certificate or similar evidence of exemption with respect to any such tax not included in the contract price pursuant to this clause. For the purpose of this clause, the term "date of this contract" means the date of the contractor's quotation or, if no quotation, the date of this Purchase order

Evaluation Factors

1. Technical Requirements: Offer shall describe the Offerer’s approach to identify how the staff will meet the requirements shown in “Contractor Performance Requirements”.

2. Experience: Provide contractor experience relating to “Contractor Performance Requirements”.

3. Past Performance: Provide references for all contracts with requirements similar to this Performance Work Statement performed in whole in the last three years. References can include both Government and commercial contracts and subcontracts. The Offeror shall provide a list (3 minimum) of past performance references.

4. Price: Experience, past performance, and technical requirement are more important than price, however, price will be considered when determining the best value to the government. A detailed cost break down of the total price shall be included for price evaluation.

Selection Criteria To be considered for award please submit a complete response addressing the “Contractor Performance Requirements” and resume of qualifications. The contractor will be selected in a process where responses and resumes are reviewed by NMFS Alaska Region personnel and a determination is made as to that contractor’s ability to satisfy the needs of the requirements. Several factors will be considered, including clarity and quality of the response, detailed costs, along with satisfactory past performance of similar projects. Award shall be made based on best value to the government per the evaluation factors.

Overtime, Travel, and Training Overtime is not anticipated or authorized at this time. If overtime is required, a contract modification must be executed by the Contracting Officer prior to performance.

Any overtime worked in excess of the authorization is at the Contractor’s own risk and expense.

Reimbursement for overtime or premium pay related to work on holidays, including unscheduled Executive Orders, is not authorized at any time.

Travel is anticipated for this purchase order. The consultant may need to travel to coordinate and facilitate project work with AKR’s Technical Services & Records team and other AKR staff. Any travel conducted prior to the receipt of proper written authorization from the COR will be done at the Contractor’s own risk and expense.

Training is authorized for NMFS/NOAA/DOC specific systems and requirements. Completion certificates must be submitted to the COR no later than 3 business days after the start of the contract/task order or completion of courses after authorization. The following training is currently required to be completed under this task order. The COR may authorize additional training that is necessary for the task order and not commercially available.

● NOAA IT security

● NOAA Safety Training

● Sexual Assault/Sexual Harassment Prevention and Response Training IAW NAM 1330‐52.222‐

70(b)(6)

● Records Management 101

Additional commercial or non‐task order specific training may be permitted under the following circumstances: 1) prior written approval is obtained from the COR, 2) there is no additional cost to the Government for attendance, 3) the time is not billed to the Government, and 4) there is no relief/change for deliverable due dates.

PROVISIONS

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.

Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Oct 2020)

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

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

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

Nothing in the prohibition shall be construed to—

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

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-

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

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

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

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(d) Representation. The Offeror represents that—

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

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

(e) Disclosures.

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

(i) For covered equipment—

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

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

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

(ii) For covered services—

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

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

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

(i) For covered equipment—

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

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

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

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

(End of provision)

52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (JAN 2020)

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

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

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the provision.

(b) The use in this solicitation of any Commerce Acquisition Regulation (CAR) (48 CFR Chapter 1352) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

(End of provision)

52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)

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

Price, technical capabilities and past performance

(b) Options. Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers or quotations for award purposes by adding the total price for all options to the total price for the basic requirement to determine the total evaluated price. This includes options under FAR clause

52.217-8, Option to Extend Services, which applies to this solicitation. Evaluation of options will not obligate the Government to exercise the option(s).

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

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (JUNE 2020)

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. 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.

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 veteransor, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

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

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

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

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

(i) One or more socially disadvantaged (as defined at13 CFR 124.103) and economically disadvantaged

(as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR

124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

Subsidiary means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

Veteran-owned small business concern means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part

127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

Women-owned small business concern means a small business concern—

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least51 percent of the stock of which is owned by one or more women; and

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

(b)

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

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items, 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 will be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it □ is, □ is not a small business concern.

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

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

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

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

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women- owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that-

(i) It □ is, □ is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility;

and

(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that-

(i) It □ is, □ is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: .] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

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

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

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

(i) It □ is, □ is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and

It □ is, □ is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(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.

Affirmative Action Compliance. The offeror represents that-

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

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

(e) Certification Regarding Payments to Influence Federal Transactions (31 http://uscode.house.gov/ U.S.C.

1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American-Supplies, is included in this solicitation.)

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products,i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item” “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]

Line Item No.

Country of Origin

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

(g) (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) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,” “commercially available off-the-shelf (COTS) item,” “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:

(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, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”

Other Foreign End Products: [List as necessary]

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

(2) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I. If Alternate I 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 Canadian end products as defined in the clause of this solicitation entitled “Buy American-Free Trade Agreements-Israeli Trade Act”:

Canadian End Products: [List as necessary]

(3) 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 Canadian end products or Israeli end products as defined in the clause of this solicitation entitled “Buy American-Free Trade Agreements-Israeli Trade Act”:

Canadian or Israeli End Products: [List as necessary]

(4) 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:

(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade…