M00264-22-Q-0012.docx

M0026422Q0012

Section SF 1449 - CONTINUATION SHEET

STATEMENT OF WORK

APPRAISAL OF DECORATIVE ARTS OBJECTS AND SCULPTURE

FOR THE NATIONAL MUSEUM OF THE MARINE CORPS

1.0 Background

The National Museum of the Marine Corps (NMMC) acquires, stores, preserves, and exhibits works of art and artifacts dating from 1775 to the present to meet its mission to document and tell the history of the United States Marine Corps. In addition to this mission, the NMMC is required to care for the objects in its collection in perpetuity.

The appraisal of the art and artwork is imperative for documenting values of the art and artifacts for loan purposes, insurance, and documenting damages and/or conservation. The National Museum of the Marine Corps is an accredited museum with the American Alliance of Museums (AAM) and adheres to their strict museum standards and ethics. The NMMC is tasked with collections responsibilities to provide professional expertise and stewardship for the objects in its collection while in storage, on exhibit, and those displayed at the Home of the Commandant of the Marine Corps. As part of these professional stewardship responsibilities, appraisals of the collection are necessary and required.

NMMC Art and artifacts have been displayed in the CMC House for over 70 years. The CMC House will be undergoing renovation and construction beginning in October 2022. All appraisals must be completed prior to the move of all art and artifacts from the House. NMMC objects are being removed from the CMC House not only for storage and conservation but to ensure the safety and preservation of these objects.

2.0 General requirements

2.1 The offeror shall be required to appraise all objects listed in Attachment 1 with the focus being to appraise all of the artifacts and works of art within the period of performance.

2.2 Access to the CMC House may be restricted, the offeror may be required to perform appraisals based on information provided by the COR or SME Curator(s). This information may contain a photograph or scan of the artifact or work of art, nomenclature, basic description information, a condition report to include any conservation performed, artist, title, medium and support, caption information, dimensions, creation or circa dates when work was completed, and any other information deemed pertinent to complete an accurate appraisal of the object(s). All categories of information are not necessarily available for all objects being appraised. The determination on which object will be appraised by this method, will be made by the COR with input from the offeror to determine if there is sufficient information to formulate a valid appraisal.

2.3 The offeror will be required to review the artifacts and works of art at the CMC House unless the COR agrees that the appraisal can be made based on information provided by the COR, whereupon the offeror will work from their office.

2.4 All certified appraisals will be submitted in writing with three (3) copies of each appraisal and also digitally on a CD and a USB drive. The appraisal document will include description of the object appraised, image of the object, dimensions, medium and manufacturer/maker, and appraised value. The offeror shall also provide methodology used to validate the appraisal. The information for each work appraised with appraised value will be on the same page and subsequent pages, as needed, to make the information readily available to the NMMC curators.

2.5 Planning The offeror shall provide the COR with a proposal within two weeks of contract award for accomplishing the work required as outlined in this SOW which will include the estimated time and labor for accomplishing all tasks. The CMC House will be made available for the offeror within 14 days of award of contract. Access to the CMC House will be granted upon arrangement with the COR who will coordinate with the Senior Enlisted Aide for the Commandant of the Marine Corps.

2.6 Point of access for the offeror at the CMC House will be the front door or the side door to the House which is located in, SE, Washington, D.C. parking for the offeror will be at the offeror’s expense. Not guaranteed but with prior planning, it is possible that parking may be provided by Marine Barracks, 8th and I. Possible access to parking near the CMC House will be granted upon arrangement with the COR/TPOC who will coordinate with the Senior Enlisted Aide for the Commandant of the Marine Corps.

2.7 Appraisals must be completed within 90 days of the offeror’s review of the art and artifacts.

2.8 The offeror must be able to prepare appraisals on all art and artifacts listed in Attachment 1.

2.9 The offeror must maintain contact by phone, email, mail and or in person with the COR in order to resolve difficulties or make decisions or revisions to the project as necessary.

3.0 Applicable Documents

The following documents shall be made available for reference to the offeror:

1. List of historical artifacts and works of art with catalog number, and image, object location and number of individual artifact pieces to be appraised.

1. Additional historical and source material from the catalog files will be made available to the offeror once contract awarded to assist the appraiser to achieve a valid appraisal.

4.0 Government Documents and Publications

Background material and information on NMMC artifacts and art will be made available to the offeror for the objects requiring appraisal, if that information exists. In some cases there will be minimal history on some objects. In this case the historical data that does exist will be made available to the offeror upon request.

5.0 Specific Requirements

5.1 The offeror shall be available for an intake meeting, either in person or via phone/virtual, within 10 business days of contract award, and to review the art and artifacts at the CMC House within thirty (30) days of contract award.

5.2 The offeror must possess a current valid state driver’s license and/or a form of government approved official identification containing a personal photograph. The identification is required for security purposes to access the CMC House which is on an active military installation.

5.3 Offeror must be available to conduct required appraisals and review art and artifacts on Government property from Monday through Friday, 8:00 am to 5:00 pm daily, and also by telephone, text and or email.

5.4 The offeror must adhere to the professional standards established by the International Society of Appraisers (ISA).

5.5 The offeror must produce appraisals that satisfy the highest standards required by the Insurance Underwriters and the Internal Revenue Service (IRS).

5.6 The offeror shall make recommendations regarding appraisals and discuss appraisal priorities with the COR/TPOC prior to beginning tasks.

5.7 The offeror shall have at least five (5) years’ experience in appraising fine art.

5.8 The offeror shall have a Bachelor’s degree or higher degree from an accredited university, additional coursework and/or certifications in valuing fine art, furniture and museum collections and be well versed in guidelines established in IRS Publication 561, Determining the Value of Donated Property.

6.0 Travel

The offeror shall be required to travel, as determined by the COR, to review art and artifacts for appraisal. This SOW requires travel to the Home of the Commandant of the Marine Corps located in SE, Washington, D.C. and or the NMMC Museum Support Facility.

7.0 Contractor Furnished Material

The offeror shall be responsible for providing all materials necessary to fully carry out the requirements for evaluating art and artifacts and preparing appraisals. The offeror shall be required to furnish and use their own laptop, camera, lights and or power source(s) required to operate any of the same.

8.0 Place of Performance

The offeror shall be required to examine NMMC artifacts and works of art located in SE, Washington, D.C. The majority of any other work required in this SOW will be accomplished at the offeror’s place of business.

9.0 Period of Performance

Contract performance shall be 1 February 2022 – 30 September 2022. Appraisals must be completed within 90 days of the offeror’s review of the art and artifacts.

10.0 Governments Responsibilities

10.1 The COR shall be available to offer guidance and provide historic information on the art and artifacts as applicable to the offeror, either in person or by email or telephone, whichever is most efficient, throughout the process of the preparation of the appraisals.

10.2 The COR shall provide the offeror 24 hours’ notice before the kick-off meeting and 36 hours’ notice before the offeror is approved for access to the CMC House to begin contract work.

FAR 52.212-1 ADDENDUM: INSTRUCTIONS TO QUOTERS--COMMERCIAL ITEMS

GENERAL INTENTION. Marine Corps Installations National Capital Region (MCINCR) has a commercial requirement for Appraisal of Art and Artifacts services. In accordance with FAR Parts 12 and 13, the MCINCR- Regional Contracting Office is issuing a commercial solicitation for the acquisition of such supply/services. Required specifications are listed in Schedule of Supplies/Services within this solicitation.

PROCUREMENT APPROACH. The Contractor’s quoted item descriptions shall reflect the characteristics and level of quality that will satisfy the Government’s need as described in the Schedule of Supplies/Services. A single firm-fixed price award will be issued and it is the Government’s intent to award on an “all-or-none” basis to satisfy this requirement.

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

REQUIRED DELIVERY/PERIOD OF PERFORMANCE. The period of performance is 01 February 2022 to 30 September 2022.

TECHNICAL COMPLIANCE. To ensure technical compliance:

1. To ensure technical compliance the quoter must clearly demonstrate that they can meet the requirements as specified in the solicitation. A mere statement that the quoter will meet the Government’s requirement is NOT sufficient.

1. Clearly state whether the quoter can meet the requested performance date(s). Vendors who cannot meet the required period of performance will not be considered technically acceptable.

1. All offerors must complete paragraph (d)(1) and d(2) within the provision at 52.204-24 of the solicitation. It is recommended to copy and paste the provision in a separate Word document and include it with your quote.

TECHNICAL EVALUATION CRITIERIA.

1. The contractor shall provide three (3) references for which the contractor has performed work of similar size and complexity for appraisals that includes at least two of the following categories: furniture, decorative arts objects and works of art.

Each reference should attest to the quality of the appraiser’s work in this area from the previous five (5) years. Each reference shall include the following information:

1) Point of contact with client and or organization name, mailing address, telephone number and email address.

2) Contract number(s) and type of contract.

3) Brief synopsis of work performed for each contract referenced and name of institution or organization, type and number of artifacts or works of art involved.

1. Provide a resume of all staff members intended to work on this requirement. The resume shall provide evidence of the following:

1) Five years (5) experience in appraising fine art.

2) Bachelor’s degree or higher degree from an accredited university.

3) Knowledge of Internal Revenue Service (IRS) publication 561 for the proper evaluation of property.

1. Proof of membership in the International Society of Appraisers (ISA).

SUBMISSION OF QUOTES. Quotes shall be submitted no later than the time and date specified on Block 8 of page 1 of the SF1449 solicitation. Quotes shall be submitted electronically via electronic mail (e-mail) to Ms. Genia Fouts at genia.fouts@usmc.mil. Vendors are responsible for ensuring their quotes have been received by the Contract Specialist, Ms. Genia Fouts via email by the date and time specified in Block 8 on Page 1 of this solicitation. Delivery delays that cause a quote to be late are not the responsibility of the Government agency.

Quoters shall provide their full business name and any business names as certified in the mandatory System for Award Management at www.sam.gov. Quotes shall also include a vendor point of contact information (name, phone, and email), Cage Code, Data Universal Numbering System (DUNS) number and Tax ID (TIN/EIN) number.

(End of provision)

52.212-2 ADDENDUM: EVALUATION – COMMERCIAL ITEMS

EVALUATION. Award will be based on technical and price. The Government intends to make a single Firm Fixed Price order to satisfy this requirement. The Government reserves the right to award no contract at all, depending on the quality of offers submitted.

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

Evaluation of quotes will be conducted on a lowest-priced, technically acceptable basis.

The following ratings/definitions will be utilized:

The Government may use information such as Contractor Performance Assessment Reporting System (CPARS), DoD PPIRS and the FAPIIS data available from Government sources to evaluate a Quoter's past performance.

PRICING. The Government will evaluate Quoter’s quoted prices, but this factor will not be given an adjectival rating. Quotes will be evaluated on completeness, accuracy, and reasonableness. Evaluation of the quoted prices for the services will be based on a comparison of quoted prices received in response to the solicitation and may also be based on a comparison to the Independent Government Cost Estimate (IGCE) along with any other relevant price analysis techniques.

Reasonableness. For the price to be reasonable in its nature and amount, it should not exceed that which would be incurred by a prudent person in the conduct of a competitive business. Reasonableness takes into account the context of a given source selection, including current market conditions, general economic conditions, and other factors that affect the ability of a Quoter to perform the contract requirements. Normally, adequate price competition establishes a fair and reasonable price.

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

1) Checking arithmetic in all computations; and

2) Ensuring all prices are summarized correctly

(End of Provision)

BASE ACCESS

FOR ALL CONTRACTORS

Base Access: All contractors entering Marine Corps Base Quantico are required to follow the installation’s base access instructions.

Base Access - Defense Biometric Identification System (DBIDS) Frequently Asked Questions

Where do I register for DBIDS?

Individuals must pre-enroll, go to https://dbids-global.dmdc.mil/enroll#!/ and complete the registration process (PMO bldg. 2043 or at the Commercial Vehicle Inspection Lot near the MCCS Outdoor Adventures Center and Game Check Station) within 30 Days. Print out the online confirmation and bring to the base to complete the process.

To complete your DBIDS processing and receive your DBIDS credential, visit the MCB Quantico Commercial Vehicle Inspection (CVI) Lot or the Provost Marshal's Office bldg. 2043. Please allow 10 days from your online pre-registration date for Processing of your information, and bring your pre-registration confirmation printout.

Does everyone in a vehicle need to be registered in DBIDS?

All individuals requiring routine access to the installation will need to register.

What happens if I don't pre-enroll?

Pre-enrollment helps to expedite the processing time before checking in at the Provost Marshal's Office or CVI-Lot. There will be additional delays if the pre-enrollment is not completed in advance.

How long does registration take?

Registration times will vary. If you complete pre-enrollment before coming to Quantico, registration should only take a few minutes.

If I have a DBIDS card at another base, do I need to register again for Quantico?

Yes, go directly to PMO or the CVI Lot with your DBIDS card to receive MCB Quantico permissions.

FOR CONTRACTORS & VENDORS

Base Access Control is intended to process contractors & vendors who conduct official business aboard MCB Quantico at either the MCB Quantico Commercial Vehicle Inspection (CVI) Lot or the Provost Marshal's Office bldg. 2043.

Business Hours: 6:00 a.m. - 3:00 p.m. (Mon-Fri) CLOSED on Saturday/Sunday 703 432-0603 or 703 784-4423 Quantico_DBIDS@usmc.mil

Visit the Quantico Base Access Webpage for all the details: https://www.quantico.marines.mil/Base-Access/.

Art Apprasial

FFP

Appraisal of historical artifacts and works of art for the National Museum of the Marine Corp in accordance with the Statement of Work.

FOB: Destination

PSC CD: M1JA

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

30-SEP-2022

FOB: Destination

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

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 Products and Commercial Services. 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) Representations. 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)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

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.

“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 concern”--

(1) Means a small business concern--

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

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

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

"Small business concern"--

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in 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.

(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 124.1002, 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 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 $750,000 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 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 the stock of which 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 its stock is owned by one or more women; or

(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.

(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 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 CFR 124.1002.

(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

(ii) 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) 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 either to the Equal Opportunity clause of this solicitation, the 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.

(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.

(iii) The terms "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Supplies."

(2) Foreign End Products:

[List as necessary]

(3) 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.

(B) The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product," "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.

Other Foreign End Products:

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

(2) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I (Jan 2004). 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:

Line item No.

(3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II (Jan 2004).