RFQ NMFS AKR-21-20820.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

30 pages

1. REQUEST NO.

NMFS AKR-21-20820

2. DATE ISSUED

August 20, 2021

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 Statement of Work

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)

Thursday – September 2, 2021 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)

Contractor to provide NOAA National Marine

Fisheries Services (NMFS), Alaska Region one job of Professional Services to publish up to two (2) peer-reviewed publications, in coordination with

NMFS staff, on Cook Inlet beluga whales in accordance with the Statement of Work.

Government will make award of a firm fixed price purchase order to the contractor who is found to be the best value per the award evaluation factors.

Job

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-21-20820 Date Issued: August 20, 2021

(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: 541990 – All Other Professional, Scientific and

Technical Services - SIZE STANDARD: $16.5 million

QUOTE DUE BY Thursday–September 2, 2021 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-21-20820.

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://sam.gov/content/home .

mailto:ilbert.Mendoza@noaa.gov https://sam.gov/content/home

STATEMENT OF WORK

TITLE:

Data Analysis and Synthesis of Unpublished Information on Cook Inlet Beluga Whales from Stranding Events

BACKGROUND:

Originally estimated at 1,300 whales in 1979, Cook Inlet beluga whales experienced a 47 percent decline between 1994 and 1998. NMFS listed the population as depleted under the Marine Mammal Protection Act in

2000 (65 FR 34590). When the population failed to show signs of recovery following a 1999 moratorium on subsistence harvest, the whales were listed as endangered under the Endangered Species Act in 2008 (73 FR

62919). The most recent (2016) comprehensive abundance survey indicates a population estimate of 328 belugas, with the population continuing to show a general downward trend since 1994.

National Marine Fisheries Service (NMFS) Marine Mammal Health and Stranding Response Program, Alaska

Region has been active throughout the state, especially since the 1990s, with a particular emphasis in the nearby waters of Cook Inlet, and Cook Inlet beluga whales. NMFS Protected Resources Division (PRD) and/or the NMFS Alaska Marine Mammal Stranding Network (Alaska Stranding Network) responded to most of the reported beach stranded (>1992) beluga whales in Cook Inlet, which were added to the NMFS database.

NMFS PRD works closely with members of the Alaska Stranding Network to collect tissue samples, whenever possible, by thorough necropsies or basic sampling protocols. The few publications on Cook Inlet beluga strandings provided critical insights about individual and population characteristics. However, there are many gaps in quantifiable characteristics of the Cook Inlet beluga population, which could be addressed by publishing documents on the current situation, regarding analyses of tissue samples, health concerns, and stranding events. Such information, explained, summarized, and published, would help NMFS better understand the health (survivorship, reproductive rates, maternal investment, and information on habitat use) of this endangered beluga population and lead to better management decisions.

OBJECTIVE:

The objective of this contract is for professional services to publish up to two (2) peer-reviewed publications, in coordination with NMFS staff, on Cook Inlet beluga whale. The contractor will use the NMFS data collected from stranded Cook Inlet beluga whales. Of particular interest would be publications on Cook Inlet beluga whales and diseases.

SCHEDULE/PERFORMANCE PERIOD:

The period of performance is the date of award through 30 September 2025, unless extended by written mutual agreement.

SCOPE of WORK:

The peer-reviewed publications 1) will incorporate data collected under the NMFS Marine Mammal Health and Stranding Response Program, which can include Level A, Level B, and Level C reports; and 2) will provide NMFS AKR with two (2) comprehensive peer-reviewed publications documenting the results and conclusions from these reports.

CONTRACT DELIVERABLES and DUE DATES:

Contract Award:

Post-award meeting with NMFS AKR:

o Contractor will schedule a meeting (via phone if needed) with NMFS AKR to review the contract, scope of work, and contract timeline.

o DUE: contact NMFS AKR within five business days after award of contract to establish an initial meeting date.

Monthly progress reports and Invoices:

Monthly progress reports shall include a summary of the work completed and summarize work still remaining to be completed. Any identified or potential complications should be included.

Invoices shall be submitted upon significant completed work as agreed upon at Post-award meeting contract timeline. Invoices shall include the information described in the “Invoice” section of this document.

o DUE: at a minimum, the contractor follows a payment schedule with the first progress report and invoice.

Draft comprehensive peer-reviewed publications to NMFS AKR:

o The selected two (2) comprehensive peer-reviewed publications shall be comprehensive reports, and could include items discussed in the Scope of Work. It shall be formatted as required by peer-reviewed journals. NMFS AKR must first agree upon any modifications to the template in writing.

o NMFS will have 45 days to review and provide comments on the two (2) DRAFT comprehensive peer-reviewed publications.

o DUE: on or before 30 June 2025.

Final comprehensive peer-reviewed publications to NMFS AKR:

o NMFS will have 30 days to review and provide comments on the Final reports. The contractor will have 30 days after receipt of comments from NMFS AKR to submit the two (2) final comprehensive peer-reviewed report for publication.

o DUE: on or before 30 September 2025.

FORMATTING and CONTENT of DELIVERABLES:

The two (2) comprehensive peer-reviewed publications will be prepared based on standard guidance in the style and format of peer review journals.

The two (2) comprehensive peer-reviewed publications will be written in plain language and shall use appropriate graphics so that a general biologist can readily understand them. Acronyms will be summarized in the text body as well as in an alphabetized list of acronyms.

All data must be Quality Assurance and Quality Control (QA/QC)

All results will be explained in enough detail to allow a general biologist to fully comprehend the ramifications of the findings. All technical terms will be clearly defined.

The two (2) comprehensive peer-reviewed publications will be provided in Microsoft Office Word format; as well as in Adobe .pdf format in which all figures, tables, and appendices have been inserted in the appropriate order. Other record materials can be provided in either format.

All graphic files incorporated into each final report will also be provided separately in .jpg or .tif format, unless specified differently by NMFS.

If GIS maps are produced for this contract, contractor will prepare metadata for any spatial data created for the contract, and contractor will submit to NMFS electronic copies of any such spatial data and associated metadata.

The two (2) comprehensive peer-reviewed publications must arrive fully compliant with American

Disabilities Act (ADA) section 508

NMFS will not accept or compensate for any comprehensive peer-reviewed publication submitted to NMFS by contractor that require extensive substantive or technical editing, and will return any such documents to contractor to be revised to address such deficiencies at contractor’s expense

CONTRACTOR TECHNICAL PERFORMANCE REQUIREMENTS:

The contractor must have extensive experience in and be technically proficient with peer-reviewed publications specializing in marine mammals and methods to analyze behaviors (preferably to species).

The contractor must be familiar with marine mammal feeding ecology, dietary needs, and behavior, with an emphasis on beluga whales. The contractor must have experience in interpreting results from all analyses that may help with marine mammal mortality events.

The contractor must have demonstrated experience working with the Alaska stranding network members and subsistence marine mammal harvesters; and have an established history of collaboration in the collection and shipping of marine mammal contents with coastal community members.

Experience in analyzing Cook Inlet beluga whales.

AWARD EVALUATION FACTORS:

Technical Requirements: Describe the experience and ability of contractor to meet all the requirements described in this Statement of Work. The contractor shall have demonstrated extensive experience and be technically proficient in writing published papers.

Experience: Provide experience relating to this Statement of Work. Provide experiences of personnel to work on this these publications.

Past Performance: Provide references for all publications with requirements similar to this Statement of

Work performed in whole or part in the last two years. References can include both government and commercial coauthors and collaborators. Provide a minimum of three past performance references, and at least one finalized document (or web link for the document) similar in scope for assessment of quality of work.

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.

TECHNICAL SELECTION CRITERIA:

To be considered for this award, please submit a completed response with qualifications. The contractor shall have demonstrated extensive experience and be technically proficient in writing published papers. The contractor shall be selected in a process where response and qualifications are reviewed by NMFS AKR personnel and a determination is made as to that contractor’s ability to satisfy the needs of the requirements.

Several factors will be considered, including clarity and quality of the response. Award shall be made based on best value to the government per the evaluation criteria.

CONTRACTOR RESPONSIBILITY for PROPERTY and DOCUMENTS:

The contractor shall protect from unauthorized disclosure or use of any equipment, materials, or information made available by the Government, or that the contractor may have access to by virtue of the provisions of this contract that are not intended for public disclosure.

All data and information provided by the Government, or developed by the contractor, in performing this contract there under, remain the exclusive property of the Government. Within 10 days after completion or termination of this contract, the contractor shall return to the Government all materials (copies included) that were furnished to the contractor by the Government and all materials that were developed by the contractor in performing the contract.

GOVERNMENT-CONTRACTOR RELATIONSHIP(S):

The Government and the Contractor understand that the services to be provided under this contract by the

Contractor are non-personal services and that no employer-employee relationship exists between the

Government and the Contractor.

INVOICE:

Upon submission of proper invoices or vouchers accepted by the Government as in compliance with this contract, the Government shall pay the Contractor for any work delivered or rendered up to the contract award amount. 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 are to be submitted quarterly to:

NOAA National Marine Fisheries Service

Attn: OMD-Procurement

P.O. Box 21668

Juneau, Alaska 99802

INSURANCE COVERAGE:

The contractor is solely responsible for his or her own health, workmen’s compensation, and unemployment insurance, as well as applicable social security, local, state, and federal taxes.

FEDERAL, STATE, and LOCAL TAXES:

Except as may be otherwise provided in this contract, price includes all applicable federal, state, and local taxes and duties in effect on the date of this contract, but does not include any taxes from which the

Government, the Contractor, or this transaction is exempt. Upon request of the contractor, the Government shall furnish a tax exemption certificate or similar evidence of exemption with respect to any such tax not included in the contract price pursuant to this clause. For the purpose of this clause, the term "date of this contract" means the date of the contractor's quotation or, if no quotation, the Purchase Order Award date.

PROVISIONS

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.

Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Oct 2020)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items. The Offeror shall not complete the representation in paragraph

(d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision—

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on

Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019

(Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-

232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM)

(https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(d) Representation. The Offeror represents that—

(1) It □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—

It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as

OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered

(include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.sam.gov/

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as

OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered

(include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

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

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

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

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, http://www.acquisition.gov/ http://www.osec.doc.gov/ 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.

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 https://www.acquisition.gov/content/52204-25-prohibition-contracting-certain-telecommunications-and-video-surveillance-services-or-equipment#id1989I600I4C 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 have the authority to regulate or prohibit pursuant to section 203(b)(3)of the International Emergency Economic

Powers Act (50

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

Service-disabled veteran-owned small business concern—

(1) Means a small business concern—

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

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

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

Small business concern 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 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 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 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 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,…