RFQ NMFS AKR-20-0702.pdf

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

OMB Approval No. 9000-0009

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

Page 1 of

29 pages

1. REQUEST NO.

NMFS AKR-20-0702

2. DATE ISSUED

July 2, 2020

3. REQUISITION/PURCHASE REQUEST NO.

N/A

4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG.1

RATING

N/A

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

P.O. BOX 21668, JUNEAU, AK 99802

6. DELIVER BY (Date) See Performance Work Statement

5b. FOR INFORMATION CALL (NO COLLECT CALLS)

7. DELIVERY

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

GILBERT MENDOZA

FAX (907) 586-7255

AREA CODE

NUMBER

586-7579

9. DESTINATION

a. NAME OF CONSIGNEE

NOAA NMFS ALASKA REGION 8. TO:

a. NAME

b. COMPANY

b. STREET ADDRESS

PO Box 21668

c. STREET ADDRESS

c. CITY

Juneau

d. CITY

e. STATE

f. ZIP CODE d. STATE

AK

e. ZIP CODE

99802

10. PLEASE FURNISH QUOTATIONS TO

THE ISSUING OFFICE IN BLOCK 5a ON OR

BEFORE CLOSE OF BUSINESS (Date)

Tuesday – July 21, 2020 by 1:00 PM AK Time

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

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

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

Per the attached Performance Work Statement

(PWS), the successful contractor to provide NOAA

NMFS Alaska Region professional veterinary services for Alaska Marine Mammal Stranding

Network and Marine Mammal Health Investigation

Support.

In addition to completing page 1 and 2 of this RFQ, please also include a full response addressing the

PWS qualifications.

Government will make award of a firm-fixed price purchase order to the Contractor who represents the best value per the evaluation criteria in the PWS.

Job

$_XXXXX_

Total

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS %

b. 20 CALENDAR

DAYS %

c. 30 CALENDAR DAYS %

d. CALENDAR DAYS

NUMBER

PERCENTAGE

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

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

QUOTATION

15. DATE OF QUOTATION

a. NAME OF QUOTER

16. SIGNER

b. STREET ADDRESS

a. NAME (type or print) b. TELEPHONE

c. COUNTY

AREA CODE

c. TITLE (type or print)

d. CITY

e. STATE

f. ZIP CODE

NUMBER

Authorized for Local Reproduction STANDARD FORM 18 (Rev. 6-95)

Previous Edition Not Usable Prescribed by GSA FAR (48 CFR) 53.215-1(a)

Request Number: NMFS AKR-20-0702 Date Issued: July 2, 2020

(TYPE OR PRINT)

COMPANY NAME__________________________________________________________________

ADDRESS_________________________________________________________________________

CITY__________________________________________ STATE_____________________________

COMPANY DUNS No: _________________________ SMALL BUSINESS? ____________________

QUOTED BY: _________________________________ E-mail:_______________________________

PHONE No:________________________________ FAX No:_________________________________

DATE __________________

RFQ PROCUREMENT ACTION NAICS CODE: 541940 SIZE STANDARD: $8 Million

QUOTE DUE BY Tuesday – July 21, 2020 by 1:00 PM Alaska Time to GILBERT MENDOZA

AT E-mail: Gilbert.Mendoza@noaa.gov, with the Subject Line “Contractor Name” - Response to RFQ

NMFS AKR-20-0702.

NOTE TO QUOTER:

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

mailto:ilbert.Mendoza@noaa.gov https://www.sam.gov/portal/public/SAM

Performance Work Statement for Professional Support Services for NOAA NMFS Alaska Region

Alaska Marine Mammal Stranding Network and Marine Mammal Health Investigation Programs

INTRODUCTION/BACKGROUND:

Information on marine mammal strandings in Alaska has been historically sparse due to the extensive coastline, low population density, and difficulty in reaching many areas where marine mammals strand. The volunteer stranding program in Alaska continues to increase due to improved networking that includes: a website, workshops by various organizations, improved communications and technology, a stranding hotline phone number, an increase in participants, and an increase in interest level. Doing systematic, thorough necropsies on stranded animals helps document and determine causes of death, including deaths due to:1) human-related interactions (e.g., fishing gear entanglements and trauma, boat strikes, gunshots, and other projectile wounds); and 2) natural causes (e.g., infections, old age, parasites, and live stranding events). Through necropsies on both stranded and subsistence harvested marine mammals, we can monitor for epidemic and endemic diseases, toxic materials in the environment, gather valuable baseline life history information, and gain insights into the health of marine mammals at the individual and population levels. Investigating marine mammal health and disease in Alaska also addresses public health concerns due to the consumption of marine mammals by Alaska Natives.

The cause of death in marine mammals can be difficult to discern due to the lack of their clinical history, possible unfamiliarity with the particular anatomy, and rapid decomposition. For this reason, a systematic approach using standardized sampling protocols by experienced individuals is very important to gather as much useful and biological information as possible, which could help identify animal health and possibly determine cause of death.

With the extensive Alaskan coastline, experienced people may need to travel great distances. However, it is also necessary to train people in different regions and ship marine mammal parts to in-state laboratories.

CONTRACT OBJECTIVES:

The objectives of the contract between NOAA National Marine Fisheries Service, Alaska Region (NMFS AKR) and the successful contractor are for professional support services to address systematic evaluations on the causes of marine mammal strandings and opportunistically evaluate the health of subsistence caught marine mammals.

This will require the contractor to complete the following tasks:

1. Examine stranded and subsistence caught marine mammals, including complete necropsies, to possibly determine 1) animal health (strandings and subsistence), and 2) cause of death (strandings).

2. Assist with Unusual Mortality Events (UMEs) if needed, as directed and/or approved by NMFS AKR.

3. Identify anthropogenic interactions, such as: entanglements with fishing gear or other anthropogenic debris, boat strikes, trauma, and gunshot wounds; which may or may not have played a role in strandings or affected subsistence harvests.

4. Sample and examine both stranded and subsistence harvested animals to facilitate the documentation of epidemic and endemic diseases; and contact with, or assimilation of, toxic materials from the environment.

5. Gather data to improve our understanding about the life history and the state of Alaskan marine mammal health, at the individual and population levels.

6. Coordinate efforts to allow a live stranding response (e.g., contact responders, make flight arrangements, organize sampling gear); respond to live stranding events; and safely collect samples, as per NMFS AKR approved protocols.

7. Provide NMFS AKR the lab results from all the analyses.

8. Publish the results from necropsies and examinations that are unique and/or of interest, as directed and/or approved by NMFS AKR.

SCOPE OF WORK:

The contractor shall conduct necropsies on stranded and subsistence harvested pinnipeds (except walrus) and cetaceans, with a focus on Cook Inlet beluga whales. The contractor shall respond to stranded marine mammals; lead examinations and necropsies of dead marine mammals; collect and examine tissues from stranded and harvested marine mammals;

provide diagnostic information based on histopathological examination; provide expert advice regarding the need for additional analyses; and train individuals in proper forensic necropsy technique. Per NMFS AKR prior approval, the contractor may subcontract with locally trained veterinarians to necropsy both stranded and subsistence harvested marine mammals to reduce travel expenses and avoid scheduling conflicts.

PERIOD OF PERFORMANCE:

The period of performance is from the date of this award to 31 December 2024.

CONTRACTOR REQUIREMENTS:

The contractor shall have: 1) a Doctor of Veterinary Medicine degree, 2) an Alaska Stranding Agreement, 3) experience working with NMFS’s National Marine Mammal Health and Stranding Response Program and the Alaska Marine

Mammal Stranding Network, 4) experience working in remote parts of Alaska with limited accommodations, and 5) experience in cooperatively working with Alaska Native hunters and stranding responders. The contractor must have demonstrated experience in: marine mammal stranding response and working with Alaska subsistence communities;

conducting necropsies and histopathological examinations on marine mammals; interpreting results from all analyses that may help determine cause of death and the animals’ health; and publishing in scientific journals.

SPECIFIC OBJECTIVES/TASKS:

1. Respond to and collect tissues, usually through necropsies, for live or dead stranded and/or subsistence harvested marine mammals (excluding polar bear, sea otter, and walrus).

a. This may involve travel to remote locations, including up to 8 trips (average expense is $1,200/trip for flight, hotel, and per-diem) to coastal areas of Alaska.

b. In lieu of travel, the contractor may arrange and pay for carcasses to be shipped to facilities for necropsies.

2. Process and distribute samples according to standardized protocols to appropriate labs for analyses that help identify the health of the animals and possibly determine causes of strandings. Examples of such analyses include, but are not limited to: aging, contaminants, histopathology, parasitology, reproductive status, and toxicology.

3. When necessary, arrange and pay for further analyses, such as microbiology or toxicological testing.

4. Dispose of the marine mammal carcasses (e.g., archival, cremation), when necessary.

5. With NMFS AKR approval, publish results from strandings and subsistence harvests in a scientific journal or other approved publisher.

PROJECT DELIVERABLES AND DUE DATES:

TASKS DATE

Attend periodic meetings with NMFS AKR staff and stranding network members to share information and discuss ongoing concerns with stranding response and/or necropsied animals.

Up to six meetings as needed

Respond to about 18 alive or dead cetacean and/or pinniped (not walrus) strandings, which may include necropsies on dead animals (stranded and subsistence harvested).

As needed

Draft necropsy reports shall be completed and submitted to

NMFS AKR Alaska Stranding Coordinator, Alaska

Assistant Stranding Coordinator, and the Contracting

Officer Representative (COR).

Within four (4) weeks of a completed necropsy

Final necropsy reports, photos, and archived culture slides for the necropsied and sampled animals shall be submitted electronically to NMFS AKR Alaska Stranding

Coordinator, Alaska Assistant Stranding Coordinator, and the COR.

Within six (6) months of a necropsy or sampling response

Each calendar year, a summary report on stranding responses, necropsies, and analyses shall be completed and submitted electronically to NMFS AKR Alaska Stranding

Coordinator and Alaska Assistant Stranding Coordinator.

30 January

Arrange travel for up to eight (8) airplane trips (average expense is $1,200/trip for excess baggage, flight, hotel, mileage, and per-diem) to hubs and/or remote locations in

Alaska. Arrange travel for road trips (gas expenses) when the necropsy is accessible by road; and boat trips (boat rental, captain, and gas) when the necropsy is accessible by boat.

As needed

PERFORMANCE AND QUALITY MEASUREMENTS:

Necropsy and sampling reports shall follow and confirm with the principles of the NMFS AKR marine mammal necropsy methodology found at the following website: https://sites.google.com/site/akvetpath.

Documentation shall be well written with a clear structure that underlines the obtained results and conclusions.

Conclusions constitute a valuable step forward in our knowledge to address systematic evaluations on the causes of marine mammal strandings and opportunistically evaluate the health of subsistence caught marine mammals. Any work not meeting this standard will be rejected and returned to the contractor to be corrected at no additional cost to the government.

EVALUATION FACTORS:

Technical Requirements: Contractor shall describe their experience meeting the requirements shown in the above sections: Contractor Requirements and Scope of Work.

https://sites.google.com/site/akvetpath

Experience: Provide contractor experience relating to this Performance Work Statement, including resume(s) documenting successful completion of similar actions.

Past Performance: Provide references for contracts involving response to marine mammal strandings and performance of marine mammal necropsies. References can include both Government and commercial contracts and subcontracts. The applicant shall provide a list (three minimum) of past performance references.

Price: Technical requirements, experience, and past performance are more important than price, however, price will be considered when determining the best value to the government.

SELECTION CRITERIA:

To be considered for this award, please submit a complete response per the evaluation factors, which includes a resume with listed qualifications and experience. The contractor will be selected in a process where responses are reviewed by

NMFS AKR personnel and a determination is made as to that contractor’s ability to satisfy the needs of this performance work statement requirements. Several factors will be considered, including clarity and quality of the response. The award shall be made based on best value to the government per the evaluation factors.

INVOICE:

Progress payments shall be invoiced in compliance with the Prompt Payment Act, the Financial

Management Division will pay an invoice in accordance with the terms set forth in the contracts with vendors if it receives a “proper invoice”. A “proper invoice” has:

● Name of the vendor and an invoice date;

● Purchase order number;

● Description, price, and quantity of property and services actually delivered or rendered;

● Payment terms;

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

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

Invoices can emailed to the Contracting Officer for payment or to:

NOAA National Marine Fisheries Service

Attn: OMD-Procurement

P.O. Box 21668

Juneau, Alaska 99802

POST-AWARD CONFERENCE

The Contractor shall attend a Kick-Off conference with the Contracting Officer, COR, and Project Lead/Officer no later than 10 business days after the date of award. The purpose of the conference, which will be chaired by the Contracting

Officer, is to set the standards of performance, clarify details, place of performance, building access time, communication channels, anticipated travel (if any), required GOV training, and progress report and invoicing details.

The Task Order Kick off conference will be held via teleconference.

CONFIDENTIALITY AND DATA PRIVACY

This contract may require that services contractors have access to Privacy Information. Services 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).

INTELLECTUAL PROPERTY RIGHTS

All deliverables are the property of the U.S. Government. All documents, analyses, files (digital or other), reports, notes and photos are to be used only by Contractor personnel assigned to this Contract. Documents, files, and other data are to be shared with NMFS and stored on Government owned equipment. Copies are not to be disseminated to anyone outside of the NMFS AKR or to any other contractor personnel without explicit release from the Government.

INFORMATION TECHNOLOGY (IT) SECURITY

As applicable, if accessing NOAA IT hardware, the contractor must meet the Department of Commerce IT Security

Program Policy and Minimum Implementation Standards (found at https://connection.commerce.gov/collection/it-security-policy-and-fisma-reporting-program). The contractor must also adhere to NOAA and NMFS AKR security policies (found at https://www.csp.noaa.gov/policies/).

SECTION 508 COMPLIANCE

Any Performance Work Statement that includes requirements for Electronic and Information Technology (EIT) must include a Section 508 compliance section to clearly identify applicable EIT accessibility standards or exceptions from

Section 508. Tools to aid in development of appropriate Section 508 compliance language may be found at http://www.osec.doc.gov/accessibility/Assistive_Technology_Tools.html#.

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.

RISK

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

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

https://connection.commerce.gov/collection/it-security-policy-and-fisma-reporting-program https://connection.commerce.gov/collection/it-security-policy-and-fisma-reporting-program https://www.csp.noaa.gov/policies/ http://www.osec.doc.gov/accessibility/Assistive_Technology_Tools.html http://www.access-board.gov/ http://www.section508.gov/

PROVISION

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

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

52.217-5 EVALUATIONS OF OPTIONS (JUL 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the

Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

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

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

(End of provision)

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

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

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

52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)

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

Price, technical capabilities and past performance

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

52.217-8, Option to Extend Services, which applies to this solicitation. Evaluation of options will not obligate the

Government to exercise the option(s).

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

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

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v)) of this provision.

(a) Definitions. As used in this provision—

“Covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, Prohibition on

Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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

WOSB Program.

Forced or indentured child labor means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and http://www.acquisition.gov/ http://www.osec.doc.gov/ https://www.sam.gov/ https://www.acquisition.gov/content/52204-25-prohibition-contracting-certain-telecommunications-and-video-surveillance-services-or-equipment#id1989I600I4C for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

Inverted domestic corporation, means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment

Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the

Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended. “Sensitive technology”—

Sensitive technology—

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

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

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

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3)of the International Emergency Economic

Powers Act (50

U.S.C. 1702(b)(3)).

Service-disabled veteran-owned small business concern—

(1) Means a small business concern—

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

(ii) The management and daily business operations of which are controlled by one or more service-disabled http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title6-section395&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title6-section395&num=0&edition=prelim veteransor, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

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

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

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

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

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

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation

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

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

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

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

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

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

States.

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

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

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

(b)

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

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

Certifications-Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs .

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

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

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

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.

http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title38-section101&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title38-section101&num=0&edition=prelim http://www.sam.gov/ https://www.acquisition.gov/content/52212-3-offeror-representations-and-certifications-commercial-items#i1060550 https://www.acquisition.gov/content/41201-policy#i1121876

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

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

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

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

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

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

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

and

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

WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

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

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

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

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

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

The offeror represents that it □ is a women-owned business concern.

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

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

(i) It □ is, □ is not a HUBZone small business concern listed, on the date of this representation, on the List of

Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and

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

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

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

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

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

Affirmative Action Compliance. The offeror represents that-

It □ has developed and has on file, □ has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or

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

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

1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form

LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR)

52.225-1, Buy American-Supplies, is included in this solicitation.)

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

American-Supplies.”

(2) Foreign End Products:

[List as necessary]

Line Item No.

Country of Origin

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

(g) (g)

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

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

“component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free

Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American-Free Trade Agreements–Israeli Trade Act.”

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

Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52225-1-buy-american-supplies#i1053372 https://www.acquisition.gov/content/part-25-foreign-acquisition#i1093771 https://www.acquisition.gov/content/52225-3-buy-american-free-trade-agreements-israeli-trade-act#i1053446 https://www.acquisition.gov/content/52225-3-buy-american-free-trade-agreements-israeli-trade-act#i1053446

Products) or Israeli End Products:

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph

(g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled “Buy American-Free Trade

Agreements-

Israeli Trade Act.” The offeror shall list as other foreign end products those end products manufactured in the United

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

Other Foreign End Products: [List as necessary]

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

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

(g)(1)(ii) of the basic provision:

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

Canadian End Products: [List as necessary]

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

(g)(1)(ii) of the basic provision:

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

Canadian or Israeli End Products: [List as necessary]

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

(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than

Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the https://www.acquisition.gov/content/part-25-foreign-acquisition#i1093771 https://www.acquisition.gov/content/52225-3-buy-american-free-trade-agreements-israeli-trade-act#i1053446 https://www.acquisition.gov/content/52225-3-buy-american-free-trade-agreements-israeli-trade-act#i1053446 https://www.acquisition.gov/content/52225-3-buy-american-free-trade-agreements-israeli-trade-act#i1053446 clause of this solicitation entitled “Buy American-Free Trade Agreements-Israeli Trade Act”:

Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or

Peruvian End Products) or Israeli End Products:

(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled “Trade

Agreements.”

(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products.

Other End Products:

(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.- made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.

(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals–

(1) □ Are, □ are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(2) □ Have, □ have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property;

(3) □ Are, □ are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and

(4) □ Have, □ have not, within a three-year period preceding this offer, been notified of any delinquent

Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.

(i) Taxes are considered delinquent if both of the following criteria apply:

(A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

https://www.acquisition.gov/content/52225-5-trade-agreements#i1053648 https://www.acquisition.gov/content/part-25-foreign-acquisition#i1093771

(ii) Examples.

(A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek

Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of

Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability.