2 UNRESTRICTED Combined Synopsis Attachment NFFM79102200884.pdf

NFFM7910-22-00884SML

COMBINED SYNOPSIS/SOLICITATION

UNRESTRICTED Northeast Fisheries Science Center Trawl Vessel Training Non-Personal 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; proposals 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 NFFM7910-22-00884SML.

(III) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2022-03 (JAN 2022) (Deviation 2021-06) (SEP 2021).

(IV) This solicitation is being issued as unrestricted. The associated NAICS code is 483112, and the business size standard is 1,500 employees.

(V) This combined synopsis/solicitation is for non-personal services for vessel support for training trips aboard commercial fishing vessels for one base year with optional additional non-personal services and one option year with optional additional non-personal services.

(VI) Description of requirements is as follows:

CLIN 0001 BASE YEAR NON-PERSONAL SERVICES

SERVICES, NON-PERSONAL, CONTRACTOR TO FURNISH ALL LABOR, MATERIALS AND

EQUIPMENT NECESSARY FOR VESSEL CHARTER SERVICES – PORTSIDE ORIENTATION

TRAINING. 24 HOURS TOTAL.

UNIT PRICE (PER HOUR): ____________ TOTAL PRICE: __________________

CLIN 0002 BASE YEAR OPTIONAL NON-PERSONAL SERVICES

SERVICES, NON-PERSONAL, CONTRACTOR TO FURNISH ALL LABOR, MATERIALS AND

EQUIPMENT NECESSARY FOR VESSEL CHARTER SERVICES – PORTSIDE ORIENTATION

TRAINING. 24 HOURS TOTAL. TO BE EXERCISED DURING THE BASE YEAR PERIOD OF

PERFORMANCE.

UNIT PRICE (PER HOUR): ____________ TOTAL PRICE: __________________

CLIN 0003 BASE YEAR OPTIONAL NON-PERSONAL SERVICES

SERVICES, NON-PERSONAL, CONTRACTOR TO FURNISH ALL LABOR, MATERIALS AND

EQUIPMENT NECESSARY FOR FULL SEADAY TRAINING. 12 FULL DAYS TOTAL. TO BE

EXERCISED DURING THE BASE YEAR PERIOD OF PERFORMANCE.

UNIT PRICE (PER DAY): _____________ TOTAL PRICE: __________________

CLIN 0004 BASE YEAR OPTIONAL NON-PERSONAL SERVICES

SERVICES, NON-PERSONAL, CONTRACTOR TO FURNISH ALL LABOR, MATERIALS AND

EQUIPMENT NECESSARY FOR HALF SEADAY TRAINING. 4 HALF DAYS TOTAL. TO BE

EXERCISED DURING THE BASE YEAR PERIOD OF PERFORMANCE.

UNIT PRICE (PER HALF DAY): ___________ TOTAL PRICE: __________________

CLIN 1001 OPTION YEAR 1 NON-PERSONAL SERVICES

SERVICES, NON-PERSONAL, CONTRACTOR TO FURNISH ALL LABOR, MATERIALS AND

EQUIPMENT NECESSARY FOR VESSEL CHARTER SERVICES – PORTSIDE ORIENTATION

TRAINING. 24 HOURS TOTAL.

UNIT PRICE (PER HOUR): ____________ TOTAL PRICE: __________________

CLIN 1002 OPTION YEAR 1 OPTIONAL NON-PERSONAL SERVICES

SERVICES, NON-PERSONAL, CONTRACTOR TO FURNISH ALL LABOR, MATERIALS AND

EQUIPMENT NECESSARY FOR VESSEL CHARTER SERVICES – PORTSIDE ORIENTATION

TRAINING. 24 HOURS TOTAL. TO BE EXERCISED DURING THE OPTION YEAR 1 PERIOD OF

PERFORMANCE.

UNIT PRICE (PER HOUR): ____________ TOTAL PRICE: __________________

CLIN 1003 OPTION YEAR 1 OPTIONAL NON-PERSONAL SERVICES

SERVICES, NON-PERSONAL, CONTRACTOR TO FURNISH ALL LABOR, MATERIALS AND

EQUIPMENT NECESSARY FOR FULL SEADAY TRAINING. 12 FULL DAYS TOTAL. TO BE

EXERCISED DURING THE OPTION YEAR 1 PERIOD OF PERFORMANCE.

UNIT PRICE (PER DAY): _____________ TOTAL PRICE: __________________

CLIN 1004 OPTION YEAR 1 OPTIONAL NON-PERSONAL SERVICES

SERVICES, NON-PERSONAL, CONTRACTOR TO FURNISH ALL LABOR, MATERIALS AND

EQUIPMENT NECESSARY FOR HALF SEADAY TRAINING. 4 HALF DAYS TOTAL. TO BE

EXERCISED DURING THE OPTION YEAR 1 PERIOD OF PERFORMANCE.

UNIT PRICE (PER HALF DAY): ___________ TOTAL PRICE: __________________

AGGREGATE TOTAL PRICE FOR BASE AND ALL OPTIONS: _______________________

STATEMENT OF WORK

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

North East Fisheries Science Center (NEFSC)

Trawl Vessel Training Platform (ASM Program with ASMFC)

NFFM7910-22-00884

1. Background:

The Northeast Fisheries Science Center (NEFSC), National Marine Fisheries Service (NMFS) is required to collect scientific, management, regulatory compliance and economic data for fisheries by placing At- Sea Monitors aboard U.S. domestic fishing vessels in the groundfish fishery. This data cannot be obtained at the dock or on Government research vessels. These data are needed for the management and monitoring of Annual Catch Limits, in season quotas, and to assess patterns of by-catch. In the Northeast U.S., the At-Sea Monitoring program operates in the groundfish fishery and is overseen by the Fisheries Monitoring and Research Division (FMRD) at the NEFSC. The NEFSC has partnered with the Atlantic States Marine Fisheries Commission (ASMFC) through a grant to contract out a third party grantee to conduct trainings for the At-Sea Monitoring program in order to train additional monitors due to an increase in coverage requirements in the groundfish fishery.

2. Scope:

The Contractor shall provide services and equipment to support training trips aboard a commercial fishing vessel. The required training vessel gear type is for trawl vessel(s).

FMRD plans to conduct up to six (6) ASM training sessions, during the base year time period of February 15, 2022 through February 14, 2023. Training sessions may employ a dockside vessel orientation session or an at-sea training trip session. Either session type may use up to two (2) trawl vessels within each FMRD At-Sea Monitoring Certification Course depending upon class size. One (1) additional contract option year extending the period of performance is requested (February 15, 2023 – February 14, 2024) Though most training sessions will require two vessels, the actual number of vessels per training session may be one or two dependent upon class size. This is the best estimate, and is dependent on funding availability for observer coverage, commercial fishing effort trends, coverage requirements and mandates, and observer retention.

3. General Requirements:

I. Vessel Orientation Training

The NEFSC in conjunction with ASMFC conducts At-Sea Monitor certifications which include fishing vessel orientation training on a trawl vessel. These certification courses needing trawl training vessel platforms are anticipated to be offered four to six (4-6) times annually. It is anticipated that the first trainings will only employ a vessel orientation session vice an at-sea training trip. At-sea training trips may be used in lieu of the dockside orientations, depending on training needs. The class size is generally between 8 and 24 students, and the group is split to make for a small group size to participate in the vessel orientation sessions. Depending upon class size, one (1) or two (2) vessels will be needed. The students are accompanied by an experienced staff member who works for FMRD and a member of the training staff who works for the grantee.

(a) The contractor shall provide services and equipment to facilitate observer training aboard a fishing vessel set up to fish with the specific trawl gear type sought that would represent current commercial fishing practices. Vessels will remain at the dock and staff/students will conduct vessel orientation sessions. The vessel operator and/or owner must be willing to talk with the observer trainees about the safety hazards of fishing and importance of collecting high quality data. Training may also incorporate roleplaying where the students are working through a simulated trip, conduct safety checks, and record various data from the vessel and the vessel operator as if on a trip.

(b) No fishing gear will be deployed or retrieved during these trips, however, access to gear and all section of the vessel are necessary. Grantee will provide simulated catch. All other deliverables for training trips as listed in deliverables must be provided. At a minimum, the vessel Captain or their representative (eg. first mate) familiar with the vessel operations must be present for this dock-side vessel orientation for each vessel. Sessions generally run four (4) hours in length.

II. At-Sea-Monitor Training

The NEFSC in conjunction with ASMFC conducts At-Sea Monitor certifications which include fishing vessel training trips on a trawl vessel. These certification courses needing trawl training platforms are anticipated to be offered four to six (4-6) times annually. Depending upon training needs, either the at-sea trip or a dock side orientation will be employed for these annual trainings. The class size is generally between 8 and 20 students, and the group is split into groups of five (5) or less to make for a small group size to go on the training trips. The students are accompanied by an experienced observer trainer who works for FMRD and a member of the training staff who works for the grantee. The ratio of student to trainer will not exceed 4 to 1. The students will get hands-on experience on how to apply their sampling and prioritization skills, as well as, reinforce vessel safety and shipboard etiquette. During the fishing trips, students collect the required suite of data on a pre-trip vessel safety checklist, collect gear characteristics, record haul or tow location information and weather variables. They will also estimate the amount of catch being brought onboard, using various catch estimation techniques, including actual weights, tally counts, basket sampling, and volume to volume. They will reference their program guides to determine sampling priorities and practice their species identification and biological sampling of the catch. They also interview the captain on the trip costs, and offer the required program options, such as a Data Release Form and Fishermen’s Comment Card.

Vessel Training Trips

(a) The contractor shall provide services and equipment to facilitate observer training trips aboard a fishing vessel set up to fish with the specific trawl gear type sought, that would represent current commercial fishing practices. Vessels must provide the fuel required to complete the trip and supply regulation compliant commercial fishing gear and possess current fishing permits. The vessel must be available for safety checks prior to the actual trip date and comply with USCG regulations/inspections (NOAA and USCG Memorandum of Understanding) to allow NOAA representative to engage in at-sea activities.

Vessels must be able to tie up at a dock for the trainees to safely board and disembark. Vessels must sail and land from a port that is within a reasonable commute (50 miles) of East Falmouth, Massachusetts.

Vessels must have taken an observer while actively commercial fishing within the previous twelve (12) months. Depending on vessel size, distance to fishing grounds, and class size, the vessel may have to conduct two shorter trips in one day, or one longer trip in one day. A training roster, including observer trainees, grantee and FMRD staff members, will be provided to the vessel before sailing. The vessel operator must review the trip details with FMRD staff prior to the trip departing. Vessel(s) will set multiple gears as outlined to capture realistic fishing practices during the training trip.

(b) The fishing vessel training trips shall take place during At-Sea Monitor trainings throughout the calendar year. Due to the unpredictable nature of weather that would affect a safe training session, back-up or “Rain Dates” must be agreed upon. “Rain Dates” for training trips will be identified as the training trip dates are selected. Should continuous inclement weather be present and no rain date can be scheduled, a dock-side or harbor scenario/fishing vessel familiarity training using the vessel may be requested. The vessel Captain, at a minimum, must be present for this dock-side/harbor training. Embarking/debarking ports will be decided upon before vessel selection. Flexibility with port embarking/debarking may be required on a training event basis due to training needs, weather events, and possible fishing regulatory needs. The number of vessel crew will be determined prior to the training trip. The vessel must be manned with enough experienced crewmembers so that safe fishing operations can be conducted. The vendor will maintain a method of communication with FMRD staff to be available for any scheduling changes. The vendor shall also communicate any mechanical, permitting, or crew problems upon selection that could interfere with safe and good training operations in a timely manner.

Vessel operator and/or owner must be willing to talk with the observer trainees about the safety hazards of fishing and importance of collecting high quality data. A continuous watch for marine mammals and sea turtles by vessel crew and FMRD staff will occur while underway during the setting and hauling of gear. Action will be taken to avoid setting gear at times and places where concentrations of protected species are observed. Should an incidental take of a protected species occur during the training trip, NEFSC protocols of reporting will be followed.

4. Gear Types: Trawl

4.1 Deliverables:

The vessel contractor shall provide services and equipment to facilitate observer dock-side vessel orientation training aboard a fishing vessel(s) set up to fish with trawl gear.

(a) Requirements for dock-side vessel orientation sessions:

1. Vessel(s) will be in compliance for all safety requirements so students can conduct safety checklist requirements as if a an observed trip were to occur (eg. possess all safety gear required by the USCG, possess a current USCG safety decal);

2. Vessel(s) will be available for a minimum of four (4) hours per training with a minimum of one available vessel, though two vessels may be required;

3. Captain and crew must be willing to talk with the observer trainees about the safety hazards of fishing and importance of collecting high quality data.

4. Vessel, captain, and crew will provide space for simulating sampling catch, access to navigation equipment, storage of safety and sampling equipment;

5. Vessel(s) crew should be cooperative with training staff in assisting the objectives of the training session, allowing access to various spaces on a vessel, and participate in roleplaying if needed;

(b) There may be up to six (6) at-sea training sessions per contract year. The number of vessels per training session may be one or two dependent upon class size. Most training sessions will require two vessels. All vessels must meet or exceed described vessel and crew requirements.

4.1.1 Option Items for Training Trips Full Day, Partial Training Days, and Dock-side/Vessel Orientation hourly rates: Trawl Requirement:

(a) General Description of Training Trip Day; hourly, Full or Partial:

The Government may require the Contractor to provide additional training days during the contract performance. The contractor shall provide services and equipment to facilitate observer training trips aboard a fishing vessel set up to fish with trawl gear.

(b) Requirements:

1. Vessel will be available for a pre-trip safety check approximately one week prior to training trip and a pre-trip safety check on the day of training. Grantee staff will conduct the safety checks. Any safety discrepancies noted must be corrected by the vendor prior to the training trip date;

2. Vessel will embark on two separate trips on the training day carrying 3-5 trainees accompanied by 1 FMRD staff member and 1 grantee staff member: the training day will consist of two separate trips, each lasting approximately 3-5 hours;

3. Vessel will conduct, on average, two (2) tows per trip. Exceptions may be made due to poor weather conditions or other safety concerns and will be communicated with FMRD staff;

4. Trawl tows will occur in waters where some catch can be observed, but the contractor does not anticipate catching large amounts of groundfish or interactions with protected species;

5. Vessel, captain, and crew will provide space for sampling catch, access to navigation equipment, storage of safety and sampling equipment;

6. Vessel crew should be cooperative with training staff in assisting the objectives of the training trips;

7. A wrap up meeting at the completion of the day, once the vessel is secured to the dock, will be required (not expected to be more than 1 hour).

8. Hourly dock-side training rates for vessel orientation must be established. The vessel must be accessible, with vessel staff, for grantee training staff to conduct dockside orientation and mock trips or safety drills for trainees.

(c) Pricing for Option Items:

1. Prices for the additional full training day must be provided. A training trip day may consist of two trips using one or more vessels, however, will conclude within a 24 hour period. Rates for a contract base year and option year one must be indicated. Specific rates should be submitted for each option year (option year one).

2. Half day trip costs must also be established. Rates for a contract base year and option year one must be indicated. Specific rates should be submitted for each option year (option year one).

3. Hourly dock- side/vessel orientation rates must also be established. Rates for a contract base year and option year one must be indicated. Specific rates should be submitted for each option year (option year one).

(d) Unilateral Option:

At the Government’s unilateral option and direction, the Government may require the Contractor to provide additional training days/hours as requested by FMRD.

(e) Process for Exercise of Option:

Requests for scientific information will be sent from FMRD staff to the Government Point of Contact (GPOC). The GPOC will forward the request to the Contracting Officer with a funding document. The Contracting Officer may exercise the option by written notice to the Contractor within two (2) days of required performance and delivery. Written notice may take the form of fax, email, letter, or other electronic medium.

(f) Increase Quantity:

The contract schedule includes an item price for one full day, one-half day of additional training, dock-side / vessel orientation hourly training using a trawl vessel. Delivery of the added day(s) or hours shall continue at the same rate as the like item called for under the contract, unless the parties otherwise agree.

5. Applicable Directives:

5.1 Safety

The contractor shall ensure a USCG Fishing Vessel Safety Inspection has been passed within one year of the start of the training trip. The vessel shall meet all safety, firefighting and lifesaving equipment requirements as found in applicable sections of Title 46 of the Code of Federal Regulations, Part 28. The vessel shall be outfitted with personal floatation devices, survival suits, and survival craft of sufficient number and capacity to accommodate all on board including visiting scientific party (FMRD/grantee staff and observer trainees) and of the type required for a vessel of its size, class, and service in accordance with 46 CFR. Survival suits, personal floatation devices, and survival craft for the ship's crew must be provided by the Contractor; the scientific party (FMRD/grantee staff and observer trainees) will provide their own survival suits, personal floatation devices, and additional survival craft if needed for the scientific party. The government reserves the right to inspect the vessel for safety, firefighting and lifesaving capabilities in accordance with a memorandum of understanding between NMFS and the USCG prior to award and commencement of the research cruise/training trip. A pre-trip orientation meeting aboard the vessel shall be conducted for grantee staff regarding the vessel's safety, firefighting and lifesaving capabilities assigned responsibilities and procedures. Vessels must be available for a pre-trip safety check one week prior to the training trip which will be completed by grantee staff. Vessels must meet all minimum safety requirements under the Magnuson Stevens Act Observer Health and Safety Regulations available at:

https://www.nefsc.noaa.gov/fsb/program/obs_health_safety_regs_fr110107.pdf

5.2 Stability

The vessel shall be of a design and shall be operated and maintained in a condition that warrants it seaworthy and stable in accordance with the American Bureau of Shipping's Guide for Building and Classing Fishing Vessels and the 46 CFR, Part 28, Subchapter E as applicable, taking into consideration itinerant loads identified herein.

5.3 Regulatory Compliance

The vessel shall be outfitted, operated and maintained to meet all applicable federal, state and local environmental, health, safety and pollution control regulations. The Contractor shall have on board during the currency of this contract all certificates, records and other documents required by applicable laws and regulation. Vessel must not have any current operator or vessel permit sanctions.

5.4 At-Sea-Monitor Description of Responsibilities at Sea

(a) The ASM training program will periodically send members of FMRD staff and trainees to sea with partner vessels in order to conduct training operations. FMRD staff have been trained in CPR, First Aid, AED and Marine Emergency Safety.

(b) FMRD/grantee staff will recognize the vessel captain as the ultimate authority while at sea. In the case of emergency, staff must follow the captain's orders which may include tasks outside of the 'normal' responsibilities in which case the vessel and crew will adhere to Emergency Instructions as set out in 46

CFR 28.265.

5.5 Insurance

Valid copy of proof of insurance and insurance must be submitted annually. Within 60 days of the award, the Contractor must provide proof of insurance for a rider policy at a minimum $1.0 million in excess of aggregate vessel coverage providing coverage for deployed FSB staff and associates for a total of 10 days (effective days to occur during contracted days).

https://www.nefsc.noaa.gov/fsb/program/obs_health_safety_regs_fr110107.pdf

IMPORTANT COVID-19 GUIDANCE FOR ON-SITE CONTRACTORS

In accordance with recent Federal COVID-19 protocols, effective 08/26/2021 and going forward, all on-site contractor employees will be required to complete the non-Federal Employee and Visitor Certification Form attached and carry a copy with them when reporting to any Department of Commerce (DOC) worksite. Additionally, those who do not certify they are fully vaccinated, or who decline to provide vaccination status, must obtain a negative COVID-19 test in order to access a DOC operating location or facility, per attached Senior Procurement Executive Message. Contractors are required to attest to their CO/COR or TPOC, in writing, that all on-site contractor employees are following this guidance.

FACE COVERINGS

NOAA is committed to taking appropriate safety precautions to support the health and well-being of our employees and affiliates in response to the COVID-19 pandemic and will continue to assess all measures necessary to mitigate risks to the spread of the disease consistent with guidance from the Centers for Disease Control and Prevention (CDC).

To help slow the spread of COVID-19, CDC recommends the use of face coverings in public settings where other social distancing measures are difficult to maintain. NOAA personnel are strongly encouraged to follow CDC and State guidelines on the use of face coverings.

All individuals inside NOAA occupied workplaces are required to wear face coverings until further notice and are encouraged to maintain social distancing guidelines. Face coverings should cover the nose and mouth, but do not need to be medical-grade masks. Face coverings can be cloth masks, scarves, and bandanas. Managers are responsible for determining social distancing practices in their individual offices.

(VII) THE PERIOD OF PERFORMANCE SHALL BE AS FOLLOWS:

Period of Performance:

Base Year: 02/15/2022 to 02/14/2023 Option Year 1: 02/15/2023 to 02/14/2024

Place of Performance:

SFD

25 Bernard Saint Jean Drive East Falmouth, MA 02536

(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.

Enter specific instructions below

1. Submit quotations to the office specified in this solicitation at or before the time specified in this solicitation. Email quotes are preferred 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 www.SAM.gov in order to provide a quote and be eligible for award.

3. Provide all evaluation criteria in accordance with FAR 52.212-2 in this package.

https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/diy-cloth-face-coverings.html http://www.sam.gov/

“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 to stephanie.long@noaa.gov.

Questions should be received no later than 5:00pm EST on 01/30/2022. 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)

(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

1) Technical Capability and Approach – Offeror shall provide up to two trawl vessels in support of training requirements, meeting the specifications within the Statement of Work (SOW):

• Vessels meet the required physical salient characteristics

• Vessels able to sail and land at a dock within 50 miles of listed place of performance

• Vessels provide access to gear and all sections during training

• Vessels available for dockside orientation and at-sea training

• Vessels have taken an observer while actively commercial fishing within previous 12 months

• Vessels manned with required experienced crewmembers

• Quote meets Deliverable requirements outlined in Section 4.1 of the SOW

• Quote meets Option Item requirements outlined in Section 4.1.1 of the SOW

• Quote meets Applicable Directives requirements outlined in Section 5 of the SOW

2) Past Performance - Quotes shall include at least two current relevant references to the Offeror’s performance to provide the service being solicited.

References shall include the company name and contact person’s name, phone number, and email. The Government will use its discretion to determine the sources of past performance information are 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. This will be a PASS/FAIL.

3) Price

The government intends to award a best value/trade off, 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)

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

PRODUCTS AND COMMERCIAL SERVICES (NOV 2021) (DEVIATION 2020-11) (AUG 2020),

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 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”—

Sensitive technology— https://www.acquisition.gov/far/52.204-25#FAR_52_204_25

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

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation

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

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

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

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

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

Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

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

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

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

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

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial 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.]

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract will be performed in the United

States or its outlying areas. Check all that apply.

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

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

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it

□ is, □ is not a service-disabled veteran-owned small business concern.

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

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

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

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

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

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

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

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

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

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

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

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

(i) It □is, □is not a HUBZone small business concern listed, on the date of this representation, on the List of qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes inownership 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) 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

(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, 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:

Line Item No. Country of Origin

[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) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States.

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

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

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

Line Item No. Country of Origin

[List as necessary]

(iii) The Offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act." The Offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products.

Other Foreign End Products:

Line Item No. Country of Origin

[List as necessary]

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

(2) Buy American-Free Trade…