2 UNRESTRICTED Combined Synopsis Attachment NFFKS3002300955.pdf

NFFKS3002300955SML

COMBINED SYNOPSIS/SOLICITATION

UNRESTRICTED Office of Science and Technology Non-personal MSA Policy Consulting Services

(I) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice and in accordance with the simplified acquisition procedures authorized in FAR Part 13. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

(II) This solicitation is issued as a request for quotation (RFQ). Submit written quotes on RFQ Number NFFKS3002300955SML.

(III) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2023-01 (DEC 2022) (Deviation 2023-03) (DEC 2022).

(IV) This solicitation is being issued as unrestricted and open to all sources. The associated NAICS code is 541990. The small business size standard is $19.5 million.

(V) This combined solicitation/synopsis is for purchase of the following commercial services:

CLIN 0001 – Base Year Services, non-personal, to provide all labor, equipment and materials (unless otherwise provided herein) necessary for MSA policy consulting services at the Office of Science and Technology in Silver Spring, MD, in accordance with the Statement of Work. Period of Performance 04/01/2023 through 03/31/2024.

CLIN 1001 – Option Year 1 Services, non-personal, to provide all labor, equipment and materials (unless otherwise provided herein) necessary for MSA policy consulting services at the Office of Science and Technology in Silver Spring, MD, in accordance with the Statement of Work. Period of Performance 04/01/2024 through 03/31/2025.

(VI) Description of requirements is as follows:

See attached Performance Work Statement which applies to Base Year and Option Year 1.

INVOICES TO BE BILLED MONTHLY IN ARREARS IN ACCORDANCE WITH THE

SPECIFICATIONS OF THE SCHEDULE OF DELIVERABLES TABLE. PROVIDE PRICING AS

HOURLY RATE(S) FOR REQUESTED SERVICES.

TRAVEL REIMBURSEMENT: TRAVEL EXPENSES SHALL BE REIMBURSED FOR ACTUAL

COST INCURRED NOT TO EXCEED THE FEDERAL TRAVEL REGULATION PER DIEM AND

LODGING FOUND AT HTTPS://WWW.GSA.GOV/TRAVEL/PLAN-BOOK/PER-DIEM-RATES.

CONTRACTOR SHALL PROVIDE RECEIPTS FOR ACTUAL REIMBURSEMENT AND COPIES

OF THE APPLICABLE GENERAL SERVICES ADMINISTRATION (GSA) WEBSITE PRINTOUT.

PERFORMANCE WORK STATEMENT

National Oceanic and Atmospheric Administration (NOAA) National Marine Fisheries Service (NMFS)

Office of Science and Technology / Office of Sustainable Fisheries

NF-FKS300-23-00955

National Fisheries Data Coordination

BACKGROUND

NOAA Fisheries is responsible for the stewardship of the nation’s ocean resources and their habitat. We provide vital services for the nation, all backed by sound science and an ecosystem-based approach to management:

● Productive and sustainable fisheries

● Safe source of seafood

● Recovery and conservation of protected resources

● Healthy ecosystems

U.S. fisheries are among the worlds largest and most sustainable. Seafood harvested from federally-managed U.S. fisheries is inherently sustainable as a result of the U.S. fishery management process. Using the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act or MSA) as the guide, NOAA Fisheries assesses and predicts the status of fish stocks, sets catch limits, ensures compliance with fisheries regulations, and reduces bycatch.

NOAA Fisheries has a need for contractor support for a national project, coordinated by the Headquarters MSA Working Group and MSA National Advisory Team, to evaluate and revisit the agency’s policies and procedures for the handling of information that is required to be submitted under the Magnuson- Stevens Fishery Conservation and Management Act. This project involves a consideration of protection of business information under the MSA’s reporting requirements and the need for access to or disclosure of business information for fisheries conservation and management purposes. Contract project support will include planning, execution, and collaboration with the MSA National Advisory Team; the Headquarters MSA Working Group; and NOAA Fisheries staff from the six Science Centers; five Regional Offices;

and Headquarters offices including General Counsel (GC), Office of Science and Technology (OST), Office of Sustainable Fisheries (OSF), Office of Protected Resources (OPR), and Office of Law Enforcement (OLE). This project will be conducted in close conjunction with, and supported by, NOAA GC’s lead attorney for MSA reporting requirements.

TASKS

Key tasks include the following:

● The contractor shall evaluate the effectiveness of NOAA Fisheries’ current national and regional policies and procedures for access to MSA information and formulate options to modernize practices to improve efficiency

● The contractor shall lead the coordination of the MSA Advisory Team, identify priorities to address, and gather/synthesize feedback on updates to NOAA Fisheries’ policies and procedures of MSA information from NMFS regions, regional third parties, and other stakeholders

● The contractor shall support the MSA Working Group to draft a proposed and final rulemaking to revise NOAA Fisheries’ regulations on MSA information

● The contractor shall support the MSA Working Group members in cataloging and responding to public comments

● The contractor shall serve as liaison between the field and program offices and NOAA Fisheries leadership, and participate in briefings for NOAA Fisheries Senior leadership on progress to revise the MSA regulation and other policy update efforts related to the final rule on access to MSA information

● The contractor shall support the MSA Working Group with drafting a policy directive and associated procedural directives that provide finer scale guidance on the handling of MSA information

DELIVERABLES

● An illustrative overview (e.g., schematic diagram) that shows how business information under the MSA’s reporting requirements is collected, maintained, managed, and reported by NOAA Fisheries in conjunction with data management entities, such as statistical programs operated by state fisheries management commissions, with the goal of documenting data repositories and identifying inefficiencies and needed updates

● An inventory of the regional data collection and reporting programs that submit commercial and recreational fisheries data and information to the Secretary of Commerce, state fishery management agencies or a marine fisheries commission under compliance of the MSA requirements. This inventory will include a description of each program and other pertinent information in order to have a full picture of all NOAA Fisheries data

● Draft revised national internal control procedures for the business information under the MSA’s reporting requirements and handling of MSA information

● Draft procedures, processes, and standards for structuring MSA information into an aggregate or summary form that does not identify personally identifiable information (PII) or business information (BII)

● Draft framework and any associated documents for responding to requests to access or disclose MSA PII or BII information

● Draft proposed and final rules to revise NOAA Fisheries’ regulations on the handling of MSA PII or BII information

● A catalog of public comments and responses

● Draft briefing materials

● Draft and finalize minutes and action items for all Working Group and Advisory Team meetings

● Draft and finalize updated and approved outreach materials

● Written assessment of requirements for each NMFS regional area, to include six science centers and five regional offices

● Monthly progress report to include, but not necessarily be limited to, the following:

accomplishments, issues encountered, travel (including purpose, significant outcomes, action items), and recommendations, if applicable

SCHEDULE OF DELIVERABLES

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

Deliverable Description Frequency Quantity Submit To:

Post-Award Kickoff Meeting Discussion Topics

Contractor shall provide discussion topics for the Post- Award Kickoff Meeting

At least 2 business days prior to the start of the Post- Award Kickoff Meeting

1 PDF copy submitted electronically by email

Contracting Officer’s Representative

(COR),

Post-Award Kickoff Meeting

The Contractor shall attend a Post-Award Kickoff Meeting

Within 10 business days after award

1 COR and Project Leads

Post-Award Kickoff Meeting Summary Notes

Contractor shall provide a summary of the Post-Award Kickoff Meeting

Within 2 business days after meeting conclusion

1 PDF copy submitted electronically by email

COR

Progress Meetings

Contractor shall attend progress meetings requested by the CO, COR and/or Project Leads. Meeting purpose is to review performance and issues as needed.

As Requested N/A COR

Monthly Status Report (MSR)

- must be included in the invoice package

At a minimum, the report shall track the submission of deliverables and detail the status of each. The report should detail major accomplishments during the month, problems/resolutions, issues/mitigation plan, recommendations and tracking of cumulative travel amounts. The report shall cover all work completed during the reporting period and reflect data as of the last day of the preceding month. If a problem or issue has not been completely resolved, the contractor shall provide an explanation including its plan and timeframe for resolving the issue. The report shall detail work planned for the

Monthly by the 15th of each month covering the previous month

1 PDF copy submitted electronically by email

COR

subsequent reporting period as well.

Monthly Invoice Package

The invoice shall include Travel/ODC documentation (including the approved Travel Authorization required prior to travel taking place), the Monthly Status Report (MSR) and Time and Attendance documentation.

Monthly by the 15th of each month covering the previous month

1 PDF copy submitted electronically by email

COR

Contract Task Deliverables

Specific deliverables are dependent on each specific task being performed, but may include items such as:

● Draft and final reports, action items, analyses, and meeting summaries

● Draft and final manuscripts and outreach materials

Contract task deliverables as prescribed by the task per guidance of the Project Lead/COR

As identified per task

Project Lead, COR

Required Government Training Certificates

Completion certificates for DOC/NOAA/NMFS-specific required training

Delivered within 5 business days of contract award or of Contractor start date

1 PDF

copy/package submitted electronically by email

COR

Quality Control Plan

(QCP)

The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence or defective services

Delivered within 10 business days of contract award

1 PDF copy submitted electronically by email

COR

Currently, the Working Group meets on a bi-weekly basis while the Advisory Team meets monthly, each for 45-60 minutes. The frequency of these meetings may change, depending on the need for feedback from the Advisory Team. The progress meetings may be used as follow up to the Working Group meetings if there is more information to cover with the core group.

Some meetings will be held at NMFS science centers or regional offices, as well as at NMFS headquarters in Silver Spring, MD. All meetings are virtual, but the contractor should plan to travel 1-3 times per year for larger in-person meetings.

OPERATIONAL HOURS

The Contractor is responsible for conducting business, Monday through Friday during EST business hours (0900 - 1700) except for Federal holidays. Working time is not anticipated to exceed 40 hours per week. Overtime is not anticipated nor authorized.

Contractor agrees to observe all Federal Holidays, and any other day off work designated by Federal Statute, Executive Order, or Presidential Proclamation.

New Year’s Day Birthday of Martin Luther King, Jr.

Washington’s Birthday Memorial Day Juneteenth National Independence Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas Day

If a holiday falls on a Saturday, for most Federal employees, the preceding Friday will be treated as a holiday for pay and leave purposes. (See 5 U.S.C. 6103(b).) If a holiday falls on a Sunday, for most Federal employees, the following Monday will be treated as a holiday for pay and leave purposes. (See Section 3(a) of Executive Order 11582, February 11, 1971.) See also our Federal Holidays – "In Lieu Of" Determination Fact Sheet at https://www.opm.gov/policy-data-oversight/pay-leave/work-schedules/fact-sheets/Federal-Holidays-In-Lieu-Of-Determination.

OVERTIME

Overtime is not anticipated nor authorized. If overtime is required, it will be coordinated through the COR and approved on a case-by-case basis by the Contracting Officer in writing. Any overtime worked prior to the receipt of proper written authorization from the CO will be done at the Contractor’s own risk and expense.

GOVERNMENT FURNISHED RESOURCES

The Government will provide all necessary information, data and documents to the Contractor for work required under this contract. A Government furnished laptop and docking station will be provided.

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

REQUIREMENTS

The proposed Contractor shall have experience in the following:

● The federal regulation process, specific to developing proposed and final rules

● Managing and controlling access to proprietary information, personally identifiable information, classified information, or confidential information

● Managing and maintaining large data sets

● Project management and coordinating/facilitation of meetings

The contractor shall provide interdisciplinary expertise related to program and project management, business processes, best practices and procedures, database management, and meeting facilitation. The contractor shall have knowledge and expertise of NOAA Fisheries policies and programs, as well as experience with planning, and Federal financial management and operations.

TRAINING

Training will be authorized for DOC/NOAA/NMFS-specific systems only. Professional development training will not be approved. Completion certificates must be submitted to the COR no later than 5 business days after the start of the contract. Trainings are self-paced and completion times may vary. The following training is authorized for this contract:

https://www.opm.gov/policy-data-oversight/pay-leave/work-schedules/fact-sheets/Federal-Holidays-In-Lieu-Of-Determination https://www.opm.gov/policy-data-oversight/pay-leave/work-schedules/fact-sheets/Federal-Holidays-In-Lieu-Of-Determination

● NOAA IT Security (required for all Contractors)

● Records Management 101 (required for all Contractors)

● Scientific Integrity Training (required for all Contractors)

IDENTIFICATION OF CONTRACTOR EMPLOYEES

All Contractor personnel attending meetings and working in situations where their Contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression that they are Government officials. They must also ensure that all documents or reports produced by Contractors are suitably marked as Contractor products or that Contractor participation is appropriately disclosed.

TRAVEL

Travel may be required under this contract. If required, the Contractor shall travel as approved by the COR to attend meetings, conferences, or conduct other official business covered under this contract.

Authorized travel is reimbursable in accordance with the contract. The Contractor shall ensure adequate funding is available for cost of travel prior to incurring costs. Travel will be reimbursed in accordance with the Federal Travel Regulations. All Contractor travel must receive prior approval by the COR, using an acceptable Travel Authorization Form.

Local travel to meetings, conferences or other official business covered under this contract is not reimbursable as a direct charge.

CONFLICTS OF INTEREST

Contractor personnel performing work under this contract may receive, have access to, or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.), or perform evaluation services which may create a current or subsequent Organizational Conflict of Interest (OCI) as defined in FAR Subpart

9.5. The Contractor shall notify the CO immediately whenever they become aware that such access or participation may result in any actual or potential OCI, and may merit the submission of a plan to the CO to avoid or mitigate any such OCI. This mitigation plan would be determined to be acceptable solely at the discretion of the CO. In the event that the CO unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the CO may employ other remedies as they deem necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

DATA RIGHTS

The Government has unlimited rights to all documents/materials produced under this contract. All documents and materials, to include the source code of any software produced under this contract, shall be Government owned and the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the Contractor without written permission from the CO. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose.

This right does not abrogate other Government rights.

QUALITY CONTROL PLAN (QCP)

The Contractor shall monitor performance in accordance with an approved Quality Control Plan (QCP).

The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The Contractor’s QCP is the means by which they will ensure work complies with the requirements of this contract.

SECTION 508 COMPLIANCE

Pursuant to Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d) as amended by P.L. 105-220 under Title IV (Rehabilitation Act Amendments of 1998), all Electronic and Information Technology (EIT) developed, procured, maintained and/or used under this contract shall be in compliance with the “Electronic and Information Technology Accessibility Standards” set forth by the Architectural and Transportation Barriers Compliance Board (also referred to as the “Access Board”) in 36 CFR Part 1194. The complete text of Section 508 Standards can be accessed at http://www.access-board.gov/ or at http://www.section508.gov.

SECURITY POLICIES

The Contractor shall meet the Department of Commerce IT Security Program Policy and Minimum Implementation Standards as well as adhere to NOAA and NMFS security policies.

CONFIDENTIALITY AND DATA PRIVACY

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

POST-AWARD KICKOFF MEETING

The Contractor shall attend a Post-Award Kickoff conference with the COR and Project Lead/Officer no later than 10 business days after the date of award. The purpose of the Kickoff meeting is to set the standards of performance, clarify details, place of performance, building access time (if applicable), communication channels, anticipated travel (if any), required Government training, and progress report and invoicing details. The Kickoff meeting will be held at the Government’s facility, located at 1315 East West Hwy, Silver Spring, Maryland 20910 or via a virtual meeting.

PERFORMANCE REQUIREMENTS SUMMARY

This contract includes a Performance Requirements Summary (PRS). The PRS plays an integral role in the administration of the contract. In addition to any applicable inspection clauses or other related terms and conditions contained in the contract, the PRS shall serve as a primary tool for inspection and acceptance of services as facilitated by the COR and/or Project Lead. Evaluation of the Contractor’s overall performance shall be in accordance with the performance standards set forth in the PRS, and will be conducted by the COR and/or Project Lead. The PRS constitutes a material aspect of the contract and will not be changed or otherwise modified without prior written approval of the Contracting Officer.

The PRS establishes key elements of Contractor performance that represent “mission essential” service requirements, which are identified in the table below in the “Service Output” column. The “Performance Objective” column represents the standard against which Contractor performance will be measured in relation to accomplishment of the corresponding service output. The performance objective or “standard” describes the minimum acceptable level of service by the Contractor for satisfactory performance. The “Acceptable Quality Level (AQL)” column displays the maximum allowable deviation from the performance objective, which, if exceeded, evokes the negative incentive specified in the table below.

If the required services listed in this contract are not performed to the standard specified in the Acceptable Quality Level (AQL) column of the table below, the Government reserves the right to forgo exercising any remaining option periods on the contract.

Service Output Performance Objective

Acceptable Quality Level

(AQL)

Incentive/ Disincentive http://www.access-board.gov/ http://www.section508.gov/

PRS #1.

Overview of how MSA confidential information is collected, maintained, managed and reported

Information is accurate and complete

Content contains no grammar/spelling errors 95% of the time

Meets AQL: Timely payment, potential for exercising option period.

Fails to meet AQL:

Withholding of invoice until rectified, negative past performance rating, may not be considered for future work.

PRS #2.

Inventory of the regional data collection and reporting programs

Information is accurate and complete

Content contains no grammar/spelling errors 95% of the time

Meets AQL: Timely payment, potential for exercising option period.

Fails to meet AQL:

Withholding of invoice until rectified, negative past performance rating, may not be considered for future work.

PRS #3.

Draft documents and materials

Well-written with accurate information

Documents and materials contain accurate information using plain language and are clear and concise, work products are error-free 95% of the time

Meets AQL: Timely payment, potential for exercising option period.

Fails to meet AQL:

Withholding of invoice until rectified, negative past performance rating, may not be considered for future work

PRS #4.

Monthly Invoice package, including the Monthly Status Report (MSR)

Complete package with accurate financial tracking

Package contains no errors 99% of the time; received by the 15th of each month

Meets AQL: Timely payment, potential for exercising option period.

Fails to meet AQL:

Withholding of invoice until rectified, negative past performance rating, may not be considered for future work

RISK

This project is considered low risk, and Contractor staff must be suited for public trust classification.

Background investigations are required for all contractor staff proposed for this project, and must be completed prior to beginning work.

GOVERNMENT POINTS OF CONTACT:

To be provided at time of award.

(VII) Date(s) and place(s) of delivery and acceptance:

Period of performance shall be:

Base Year for a twelve month period 04/01/2023 through 03/31/2024.

Option Period 1 for a twelve month period 04/01/2024 through 03/31/2025.

Place of Performance: Work will be conducted at other than the government facility (i.e. off-site).

(VIII) FAR 52.212-1, INSTRUCTIONS TO OFFERORS – COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2021), applies to this acquisition.

NOTICE TO OFFERORS: Instructions for submitting quotations under this request for quote must be followed. Failure to provide all information to aid in the evaluation may be considered non-responsive.

Offers that are non-responsive may be excluded from further evaluation and rejected without further notification to the offeror.

1. Submit PDF or Microsoft Word format quotations to the office specified in this solicitation at or before the time specified in the solicitation. Email quotes are required and can be sent to Stephanie.Long@noaa.gov.

2. Contractor shall have an active registration in the System for Award Management (SAM found at https://sam.gov/content/home) in order to provide a quote and be eligible for award. Must provide their UEID/CAGE CODE with their quote.

3. Provide all evaluation criteria in accordance with FAR 52.212-2 in this package. Vendors who do not provide all evaluation criteria will not be accepted.

4. Quote shall include at least two references for similar services including the phone number, full address, and e-mail address. References will be checked. The Government will use its discretion to determine the sources of past performance information used in the evaluation, and the information may be obtained from references provided by the Offeror, the agency’s knowledge of contractor performance, other government agencies or commercial entities, or past performance databases, and will be based on responsiveness, quality, and customer services.

(IX) FAR 52.212-2, EVALUATION- COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

(NOV 2021), applies to this acquisition. Offers will be evaluated based on price and the factors set forth in paragraph (a). The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. Paragraph (a) is hereby completed as follows: Evaluation will be based on the following; Evaluation factors listed are more important than price.

1. Technical Approach and Capability.

a. The offeror's approach to performing contract requirements and its capability to successfully perform the contract will be evaluated. Provide a detailed description of the company’s experience performing similar services. The technical approach write-up must not be a reiteration of the Performance Work Statement (PWS) but how your company plans on performing the tasks i.e. performance checklists, anticipated number of janitors, anticipated hours at the facility and/or confirmation of supplies being provided, etc.

b. Provide documentation demonstrating the offeror meets the Requirements section of the PWS including experience in the federal regulation process/managing and controlling access to information; managing and maintaining large data sets; project management and coordinating/facilitation of meetings; and any other requirements listed within the PWS.

2. Past Performance. The offeror's past performance on related contracts will be evaluated to determine, as appropriate, successful performance of contract requirements, quality and timeliness of delivery of goods and services, cost management, communications between https://sam.gov/content/home contracting parties, proactive management and customer satisfaction. The Government will use its discretion to determine the sources of past performance information used in the evaluation, and the information may be obtained from references provided by the Offeror, the agency’s knowledge of contractor performance, other government agencies or commercial entities, or past performance databases, and will be based on responsiveness, quality, and customer services. Quote shall include at least two references for similar services including the phone number, full address, and e-mail address.

3. Price The Government intends to award a trade-off, single firm fixed-price purchase order on an all or none basis with payment terms of Net 30.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

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

(End of provision)

"THE GOVERNMENT DOES NOT ACCEPT RESPONSIBILITY FOR NON-RECEIPT OF QUOTES.

IT IS THE CONTRACTOR'S RESPONSIBILITY TO REQUEST AND RECEIVE A CONFIRMATION

OF THE QUOTE RECEIPT".

CAR 1352.215-72 INQUIRIES (APR 2010)

OFFERORS MUST SUBMIT ALL QUESTIONS CONCERNING THIS SOLICITATION IN WRITING

VIA EMAIL TO STEPHANIE.LONG@NOAA.GOV. QUESTIONS SHOULD BE RECEIVED NO

LATER THAN 12:00PM MST/MDT ON MARCH 10, 2023. Any responses to questions will be made in writing, without identification of the questioner, and will be included in an amendment to the solicitation.

Even if provided in other form, only the question responses included in the amendment to the solicitation will govern performance of the contract.

(End of clause)

(X) FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (DEC 2022) (DEVIATION 2023-03) (DEC 2022),

applies to this acquisition.

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 https://www.sam.gov/ https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.acquisition.gov/far/part-52#FAR_52_204_25 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.

https://www.ecfr.gov/current/title-13/part-127 https://www.ecfr.gov/current/title-13/section-127.300 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim

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"—

Sensitive technology—

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

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

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

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

Service-disabled veteran-owned small business concern—

(1) Means a small business concern—

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

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

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

Small business concern— https://www.acquisition.gov/far/part-52#FAR_52_204_25 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101&num=0&edition=prelim

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

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

(i) One or more socially disadvantaged (as defined at13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $850,000 (DEVIATION 2023-03) after taking into account the applicable exclusions set forth at 13 CFR124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name.

The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

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

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C.

101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

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

Women-owned 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 least51 percent of the stock of which is owned by one or more women; and

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

https://www.ecfr.gov/current/title-13/part-121 https://www.ecfr.gov/current/title-13/part-121

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) 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—

(i) It □ is, □ is not a service-disabled veteran-owned small business concern; or

(ii)It □ is, □ is not a joint venture that complies with the requirements of 13 CFR 125.18(b)(1) and (2). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: __.] Each service-disabled veteran-owned small business concern participating in the joint venture shall provide representation of its service-disabled veteran-owned small business concern status.

https://www.ecfr.gov/current/title-13/part-127 https://www.ecfr.gov/current/title-13/section-127.300 http://www.sam.gov/ https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-4#FAR_4_1201 https://www.acquisition.gov/far/part-19#FAR_Part_19 https://www.acquisition.gov/far/part-19#FAR_19_000 https://www.ecfr.gov/current/title-13/section-121.103#p-121.103(h) https://www.ecfr.gov/current/title-13/section-121.103#p-121.103(h) https://www.ecfr.gov/current/title-13/section-125.8#p-125.8(a) https://www.ecfr.gov/current/title-13/section-125.8#p-125.8(b) https://www.ecfr.gov/current/title-13/section-125.18#p-125.18(b)(1) https://www.ecfr.gov/current/title-13/section-125.18#p-125.18(b)(1) https://www.ecfr.gov/current/title-13/section-125.18#p-125.18(b)(2)

(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 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: __.]

(7) 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: __.]

(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, 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.

(d) Representations required to implement provisions of Executive Order11246-

(1) Previous contracts and compliance. The offeror represents that-

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

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

(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 parts 60-1 and 60-2), or https://www.ecfr.gov/current/title-13/section-127.506#p-127.506(a) https://www.ecfr.gov/current/title-13/section-127.506#p-127.506(c) https://www.ecfr.gov/current/title-13/section-127.506#p-127.506(a) https://www.ecfr.gov/current/title-13/section-127.506#p-127.506(c) https://www.ecfr.gov/current/title-13/section-126.200 https://www.ecfr.gov/current/title-13/section-126.616#p-126.616(a) https://www.ecfr.gov/current/title-13/section-126.616#p-126.616(a) https://www.ecfr.gov/current/title-13/section-126.616#p-126.616(c)

(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 http://uscode.house.gov/ U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.)

By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants.

The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

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

(1)

(i) The Offeror certifies that each end product and that each domestic end product listed in paragraph (f)(3) of this provision contains a critical component, 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…