24R2003_AMD3_SF30.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

The purpose of this amendment is to:

1) Extend the Proposal due date as stated w ithin the solicitation.

2) Update FAR & DFARS Clauses/Provisions, Attachment_X1(a)_RouteList, Attachment 5X, Price, and in yellow highlight, Addendum 52.212-1 and Attachment 1, Performance Work Statement (PWS). Note, the updated PWS issued w ith this amendment replaces the previous version.

See Summary of Changes

1. CONTRACT ID CODE PAGE OF PAGES

1 25

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 02-Apr-2024

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X HE125424R2003

X 9B. DATED (SEE ITEM 11)

01-Mar-2024

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer X is extended, is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

02-Apr-2024

CODE

DOD EDUCATION ACTIVITY

ATTN: PROCUREMENT DIVISION

4800 MARK CENTER DRIVE

SUITE 05F09-02

ALEXANDRIA VA 22350-1400

HE1254 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

HE125424R2003

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

SOLICITATION/CONTRACT FORM

The required response date/time has changed from 04-Apr-2024 11:00 AM to 11-Apr-2024 11:00 AM.

The following have been modified:

52.212-1 ADDENDUM-INSTRUCTIONS TO OFFERORS--COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (SEP 2023)

Addendum to Paragraph (b). Paragraph (b) is changed to read as follows:

(b) Communication.

The Contracting Officer and Contract Specialist are the sole points of contact for this acquisition.

Communications with other officials may compromise the integrity of this acquisition and result in cancellation of the requirement.

Submitting Attachment X7, “Non-Disclosure Agreement”

The Offeror must send an email with the completed Attachment X7 to Ms. Adwoa Essel-Akoli at Adwoa.Essel- Akoli@dodea.edu and Ms. Marcia Lee at Marcia.Lee@dodea.edu to receive Attachment X1(a) “Route List,” and Attachment X1(b), “Commuting Area Zone information/Map.” Since these attachments are restricted only to Offerors submitting a completed Attachment X7, failure to do so will result in an Offeror not being eligible for award.

The subject of the e-mail shall be “HE1254-24-R-2003, Attachment X7 Submittal.” Please provide the company’s name and point of contact to include name, title, address, e-mail, phone number, company’s Unique Entity Identifier/ID, and NATO Cage Code in the body of the email.

After submitting the completed Attachment X7, the Government will provide the Offeror with Attachment X1(a), and Attachment X1(b), via email.

Submission of Questions.

Offerors shall submit questions concerning this solicitation, electronically, NO LATER THAN 11:00 a.m. Eastern Daylight Time (EDT), Friday, 15 March 2024. Questions submitted after this date may not be considered for a response.

Submission of Offers.

The offeror must send their proposal via e-mail to Ms. Adwoa Essel-Akoli at Adwoa.Essel-Akoli@dodea.edu and Ms. Marcia Lee at Marcia.Lee@dodea.edu with their attached proposal. The subject of the e-mail shall be “Proposal for HE1254-24-R-2003.”

Proposals must be submitted via email NO LATER THAN 11:00 a.m. EDT, Thursday, 11 April 2024 in response to this solicitation.

Offerors must ensure that the signed and dated attached proposal and all attachments are virus free, legible, and are received by Ms. Adwoa Essel-Akoli’s and Ms. Marcia Lee’s e-mail addresses no later than the solicitation closing date and time. Emails over 10 MB will be rejected by DoDEA’s network. If the electronic copy cannot be opened, the Contract Specialist or Contracting Officer will notify the Offeror and a replacement electronic copy shall be provided by the Offeror within one (1) working day after notification.

Documents shall be submitted in separate .pdf or Microsoft Office (e.g., Word, Excel, etc.) format by e-mail on-or before the closing date and time stated in Block 8 of the solicitation to Ms. Adwoa Essel-Akoli at Adwoa.Essel- Akoli@dodea.edu and Ms. Marcia Lee at Marcia.Lee@dodea.edu.

General Instructions

The offeror shall examine and follow all instructions. Instructions are set forth herein for offerors to prepare and submit a proposal to the Government in response to this solicitation. Offerors are strongly advised to carefully read and fully understand these instructions to ensure submission of a fully compliant and sufficiently prepared proposal.

Failure to do so will be at the offeror’s own risk. Offerors are cautioned that proposals containing less than the minimum information required by these instructions may be rejected by the Government and eliminated from further consideration for award.

A. Page Size and Format:

Offeror shall ensure that the contents of the files print on US standard 8 ½ by 11” or Europe standard “A4” paper.

Offerors shall use Times New Roman 12-point font or larger text, and Times New Roman 8-point font or larger for graphics. When both sides of a sheet display printed material, it shall be counted as two pages. The staffing and vehicle approach and past performance volumes of the proposal are to be submitted as MS Word or PDF documents.

The price volume shall be submitted via MS Excel.

B. Page Limitations:

Offeror shall not exceed the specified word and/or page limitations. If exceeded, the excess pages will not be read or considered in the evaluation of the proposal. Page limitations shall not be circumvented by including inserted text boxes/pop-ups or internet links. Each proposal shall be organized and presented in accordance with the following format and page limits listed in the table below.

C. Proposal Content and Format Instructions:

At a minimum, Offerors shall submit a proposal consisting of an Administrative Cover Letter, Signed SF 1449, Signed SF 30 (as applicable) and four (4) separate volumes as stated in the table below. All documents submitted must include, “Controlled Unclassified Information (CUI) - Source Selection Information - See FAR 2.101 and 3.104” in the header and footer.

Document Title Page Limitations Apply to Each Proposal Submitted Pages shall be numbered numerically

Administrative Cover Letter

Administrative Cover Letter 1 page

Signed SF 1449 SF 1449 1 page (includes only the first page of the SF 1449)

Signed SF 30 SF 30 1 page (for each SF 30, as applicable)

1. Administrative Cover Letter

The Administrative Cover Letter shall state the following:

a. The solicitation number

b. Unique Entity Identifier/ID

c. Complete Business Mailing Address.

d. N/CAGE Code

e. NAICS Code

f. Contact Name

g. Contact Phone and e-mail address

2. Signed SF 1449

Offerors shall complete blocks 12, 17a, and 30a-c of the SF 1449 Solicitation/Contract/Order for Commercial Items.

Offerors shall insert their company’s N/CAGE code in the box titled “CODE” in block 17 and Discount Terms in block 12 if the term is other than Net 30 days. By submission of its offer, the Offeror accedes to all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors or sub-factors. Offeror’s terms and conditions will not be accepted.

The SF 1449 shall be signed and dated by an Official authorized to bind the Organization and be included in the proposal submission.

3. Signed SF 30

Offerors shall complete blocks 8 and 15a-c of each SF 30 Amendment of Solicitation/Modification of Contract, issued for this solicitation. Each SF 30 issued for this solicitation, shall be signed, and dated by an Official authorized to bind the Organization and be included in the proposal submission.

4. Volume I – Factor 1: Staffing and Vehicle Approach

Each Subfactor requires completion of the following Attachments as part of the Volume I Proposals:

• Attachment X2 “Personnel”

Document Title Page Limitations Apply to Each Proposal Submitted Pages shall be numbered numerically

Volume I Factor 1 - Staffing and Vehicle Approach

Complete the below Attachments:

• Attachment X2 “Personnel” (shall include copies of all certified subcontractor agreements)

• Attachment X3 “Vehicles”

No additional material will be considered outside of the above list of attachments, Times New Roman, not less than 12-point font

Volume II Factor 2 - Past Performance

Complete Attachment 3 “Volume II Past Performance Proposal” No more than (or maximum of) two pages for each reference, Times New Roman, not less than 12-point font

Volume III Factor 3 - Price Complete Attachment X5 “Price” Submit Offeror’s Price Proposal Narrative (maximum five pages) (Submit according to Volume III instructions in this clause)

Volume IV Representations and Certifications

Complete Attachment X6 “Reps & Certs” (No additional material will be considered outside of Attachment X6, except for the following:

Offeror completed Enclosures 1 through 8, and provide additional documentation/evidential matter for the Offeror’s Responsibility Determination (maximum two pages), Times New Roman, not less than 12-point font

• Attachment X3 “Vehicles”

NOTE: Please ensure your proposal is in accordance with the applicable schedule (Paragraph 2.1.11 of the PWS, “Projected Bell Times”).

For purposes of this RFP, use the bell times listed below to fill in Attachment X2 “Personnel” and Attachment X3 “Vehicles”:

Bell Times Morning Afternoon Naples Elementary School 0805 hrs. 1435 hrs.

Naples MS/HS School 0800 hrs. 1440 hrs.

The Offeror shall address the following Subfactors as follows:

Subfactor 1 – Personnel List

The Offeror shall provide the following:

• Complete Attachment X2 “Personnel”

• Propose any qualified employees that will perform on this contract in the Personnel List tab in

Attachment X2 (PWS paragraph 3.5, para 2) that will be available to sufficiently cover all the routes in Attachment X1(a).

NOTES:

If proposing to provide services for both the Naples Daily Commute and the Naples Special Needs, then at a minimum, the Offeror is required to select (1) Contract Manager and (1) Alt Contract Manager.

Do not exceed the fillable sections of any of the mandatory fields. All Factor 1 responses must conform to the formatted fields provided within Attachment X2 “Personnel.” The Offeror shall only fill in the rows in the Excel spreadsheet that apply (i.e., are used). For example, if only three (3) rows are required to list all the proposed personnel for this effort, then only three rows must be completed.

The rows appearing on Attachment X2 “Personnel” each contain fifty (50) total rows to identify the proposed personnel. If an Offeror is proposing more than fifty (50) personnel to meet this requirement, then additional rows can be provided; however, this is the ONLY exception to the field constraints of Attachment X2 “Personnel” (i.e., no other additional pages may accompany a proposal, e.g., to permit more space to describe the company’s staffing and vehicle approach or capability to address any of the other sub-factors).

In the “Personnel List” tab, the Offeror shall propose, at a minimum, the total number of acceptable personnel required to service all the routes outlined in Attachment X1(a) “Route List.”

An Offeror does not need to have all employees hired and readily available at the time of solicitation; however, the Offeror must complete all required fields in Attachment X2 “Personnel.” The Offeror is to indicate whether each proposed personnel are readily available. If the proposed personnel are not readily available at the time of the solicitation, the Offeror is to provide an anticipated start date for the personnel. For personnel who have not been identified by name, enter “Unknown” and fill out the corresponding row of Attachment X2 “Personnel” if the personnel is not available at the time of solicitation, but will be available by 01 August 2024. All proposed personnel do not need to be available at the contract award; however, the personnel do need to be available by 01 August 2024.

Any area identified above that is not addressed will automatically be given a deficiency. The Offeror will need to complete all required fields in Attachment X2 “Personnel” as indicated above. Failure to complete all required fields will result in a deficiency.

Subfactor 2 – Personnel Action Plan

Complete the “Personnel Action Plan” in Attachment X2 to address the Offerors recruitment and retention plan.

NOTE:

For the Personnel Action Plan, each question may use up to 500 words to address the points listed above. If an answer exceeds 500 words, the Government evaluator will only evaluate the first 500 words. The Offeror must respond to each question.

Subfactor 3 - Vehicles The Offeror shall provide the following:

• Complete Attachment X3 “Vehicles.”

• Propose any vehicles that will be used on this contract in the “Vehicle List” tab in Attachment X3

“Vehicles.” (PWS paragraph 3.3)

The Vehicle Specification Form in Attachment X3 “Vehicles” shall meet the following criteria:

• Complete the Vehicle Specification Form

• Address the following for all mandatory and non-mandatory specifications:

o Name of product o Description o When will it be used and o Will the Government have Access to it

NOTES:

In Attachment X3 “Vehicles” a cell with an asterisk (*) identifies specifications that are a current minimum requirement(s) of the PWS. Blank cells are not required to be completed unless the Offeror wishes to identify additional specifications that exceed the minimum requirements. The Government will evaluate the additional specifications to determine if the Offeror’s proposal exceeds the requirements of the PWS.

The rows appearing on Attachment X3 “Vehicles” each contain fifty (50) total rows to identify the proposed vehicles. If an Offeror is proposing more than fifty (50) vehicles to meet this requirement, then additional rows can be provided; however, this is the ONLY exception to the field constraints of Attachment X3 “Vehicles” (i.e., no other additional pages may accompany a proposal, e.g., to permit more space to describe the company’s staffing and vehicle approach or capability to address any of the other sub-factors).

For vehicles that are not identified at time of solicitation, enter “Unknown” for the make, model, and year of the vehicle, and complete all other fields in the same row where the vehicle has not been identified.

Any specifications proposed that are not stated in the original requirements of the PWS, but are considered an added value to the Government, will be part of the PWS.

5. Volume II – Factor 2: Past Performance.

The past performance evaluation is a comparative assessment of the Offeror’s ability to successfully perform the contract based on the Offeror’s demonstrated recent and relevant record of how well the Offeror performed on previous contracts. The Government will review the information collected to include, but not limited to, the Past Performance Questionnaires (Attachment 2) to determine the Offeror’s overall record of recency, relevancy, and quality of the Offeror’s past performance.

Offeror shall submit a past performance proposal, Volume II Past Performance (Attachment 3), on at least one

(1) recent contract(s) for the prime and one (1) for the subcontractors/teaming contractor (performing as the Prime on that effort) to determine the recency, relevancy, and quality of the Offeror’s performance. The Offeror shall submit a separate Volume II Past Performance Proposal for each reference provided, with each reference not exceeding two (2) pages.

To be recent, the effort must be on-going or must have been completed within the last three (3) years by the closing date/time of this solicitation. To be relevant, the Offeror must demonstrate that performance involved similar scope and magnitude of effort and complexities this solicitation requires. The relevancy analysis will focus on if the Offeror has provided bus transportation services similar in scope, magnitude of effort, and complexities. To review quality, the Offeror’s Past Performance information collected will be reviewed to determine the quality of the Offeror’s performance, general trends, and usefulness of the information and incorporate them into the performance confidence assessment.

The Offeror shall demonstrate recent and relevant past performance by completing and submitting Attachment 3 – Volume II – Past Performance.

Failure to submit a Past Performance Proposal (Attachment 3) will result in noncompliance. Therefore, in the event the Offeror does not have any past performance record, the Offeror shall still submit a Past Performance proposal with a statement that past performance is unavailable.

Past Performance information submitted that is not recent (more than 3 years) and/or not relevant will not be evaluated.

• Subcontractor/Teaming Information. If an Offeror proposes a teaming arrangement for services, the Offeror (proposed prime Offeror) shall provide past performance information on any subcontractor or teaming arrangement offered.

o At a minimum, when a prime Offeror teams with a subcontractor, past performance information relevant to that subcontractor shall be provided on at least one (1) effort. Offerors shall include in their proposal the written consent of their proposed subcontractor(s) to allow the Government to discuss the subcontractor’s past performance assessment with the Offeror.

• Questionnaires. Offerors must send Past Performance Questionnaires (PPQ), Attachment 2, to their customers’ points of contact (POCs) and instruct the POCs to complete the questionnaire in English.

Offerors shall make their best effort to send out enough past performance questionnaires to reasonably expect submission to the contracting officer/ contract specialist at least one questionnaire on each cited contract/work effort. The customer POC that received the questionnaire shall e-mail the completed questionnaires directly to the contract specialist listed on the questionnaire. Past Performance Questionnaires are requested to be received by the issuing office no later than the closing date/time of the solicitation. Ensure that the customer POC annotates the total contract value performed up to the date the POC received the questionnaire, and that the POC provides sufficient details to allow the Government to determine the relevancy and the quality of performance of the past contract. Completed questionnaires included in the proposal or submitted directly by the Offeror will not be evaluated.

• The Government reserves the right to obtain information relative to present and past performance on its own, in addition to information provided by the Offeror and from contract and subcontract POCs. If you are aware that one or more of your contracts in the Contractor Performance Assessment Reporting System (CPARS) specifically relates to the requirements in this acquisition, please provide this contract/work effort as one of the past performance submissions with your proposal.

6. Volume III – Factor 3: Price.

Except as stated above, the Offeror shall ensure that in Attachment X5 each Sub-contract Line Item (SLIN) listed under each Contract Line Item (CLIN) the Offeror proposes is completed. Offerors should only fill in (complete) the yellow shaded cells of the Pricing Sheet(s). Be sure to complete all yellow shaded cells for each SLIN under the CLIN(s). The Offeror shall ensure that all formulas on Attachment X5 are accurate after filling in the yellow shaded cells.

To account for the option period(s) possible under FAR 52.217-8 (maximum six months) Option to Extend Services, the Government has provided a table within Attachment X5, labeled “FAR 52.217-8 Option to Extend Services.”

The Offeror shall provide a Unit Price for each CLIN Description. If the Government decides to exercise the option under FAR 52.217-8 in an option period other than fourth (4th) option year, then the rate proposed for the last year performance was completed will be used.

Furthermore, the Offeror shall submit a price proposal narrative in MS Word or PDF that explains how the Offeror determined their prices to be fair and reasonable to meet the PWS requirements. The narrative shall also provide a brief summary of the risks considered and/or indicate whether the additional specifications that the Offeror is proposing that exceeds the minimum requirements affected the pricing (e.g., climate-friendly solutions in conducting business).

The Offeror is required to submit a price proposal narrative in addition to the completed Attachment X5 as part of their Volume III submission. Failure to submit the price proposal narrative will result in the Offeror’s proposal to be non-compliant to the solicitation requirement and the Offeror’s proposal will not be further considered for award.

7. Volume IV: Representations and Certifications

To address Factor IV: Representations and Certifications, the Offeror shall complete Attachment X6 “Reps & Certs” (to include the Offeror’s completed Enclosures 1 through 8 and provide additional documentation/evidential matter that supports the Contracting Officer’s Responsibility Determination for the Offeror).

NOTE: An Offeror’s SAM record must be accurate and active by the proposal due date and time to be eligible for any contract award.

Addendum to Paragraph (c). Paragraph (c) is changed to read as follows:

(c) Period for acceptance of offers. The Offeror agrees to hold the prices in its offer firm for 120 calendar days from the date specified for receipt of offers unless another time period is specified in an addendum to the solicitation.

Addendum to Paragraphs (d) & (e). Paragraphs (d) & (e) are deleted in its entirety.

Addendum to Paragraph (g) Contract award. Paragraph (g) is changed to read as follows:

The Government intends to award without discussions. Therefore, the Offeror’s initial proposal should contain the Offeror’s best approach/terms for staffing and vehicle approach, past performance, and price. However, despite this intent, the Government reserves the right to conduct discussions if the Contracting Officer determines it to be necessary.

Addendum to Paragraph (h). Paragraph (h) is changed to read as follows:

DoDEA intends to award a single or multiple single Firm-Fixed Price (FFP), Indefinite Delivery/Indefinite Quantity (IDIQ) contracts from this solicitation. DoDEA will determine the feasibility and best value of awarding all CLIN requirements to one Offeror according to the criteria in this provision and the evaluation factors in 52.212-2.

Addendum to Paragraph (i). Paragraph (i) is deleted in its entirety.

(End of Addendum to FAR 52.212-1)

The following included by reference have been revised:

252.225-7966 (Dev) Prohibition Regarding Russian Fossil Fuel Business

Operations - Representation (Deviation 2024-O0006).

MAR 2024

252.225-7967 (Dev) Prohibition Regarding Russian Fossil Fuel Business Operations (Deviation 2024-O0006).

MAR 2024

The following included by full text have been revised:

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (FEB 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 124.1002.

(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. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

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

(1) (i) The Offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that each domestic end product listed in paragraph (f)(3) of this provision contains a critical component.

(ii) The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select "no''.

(iii) The Offeror shall separately list the line item numbers of domestic end products that contain a critical component (see FAR 25.105).

(iv) The terms "commercially available off-the-shelf (COTS) item," "critical component," "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Supplies."

(2) Foreign End Products:

Line Item No. Country of origin Exceeds 55% domestic content (yes/no)

[List as necessary]

(3) Domestic end products containing a critical component:

Line Item No.

[List as necessary]

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

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

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

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

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

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

Line Item No. Country of origin

[List as necessary]

(iii) The Offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American--Free Trade Agreements-- Israeli Trade Act." The Offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select "no''.

Other Foreign End Products:

Exceeds 55% domestic content (yes/no)

[List as necessary]

(iv) The Offeror shall list the line item numbers of domestic end products that contain a critical component (see FAR 25.105).

Line Item No.

[List as necessary]

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

(2) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act":

Israeli End Products:

Line Item No.

[List as necessary]

(3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 52.225-3 is included in this solicitation, substitute the following paragraphs (g)(1)(i)(B) and (g)(1)(ii)for paragraphs (g)(1)(i)(B) and (g)(1)(ii) of the…