Sol_1333MF24Q0043.pdf

COMBINED SYNOPSIS/SOLICITATION

Vessel services for Performing Research Dive Survey Cruises in the Florida Keys

*SIMILAR SERVICES PREVIOUSLY PERFORMED UNDER PO 1333MF22PNFFN0067

FPDS SHOULD BE CONSULTED FOR ADDITIONAL VENDOR AND PRICING

INFORMATION NOT THE CO/POC.

(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice and in accordance with the simplified acquisition procedures authorized in FAR Part

13. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

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

(iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2024-03 (Feb 2024).

(iv) This solicitation is being issued as a total Small Business set aside. The associated NAICS code is 483114. The small business size standard is 550 EMPLOYEES.

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

CLIN 0001 – Base Year Services, non-personal, to provide all labor, equipment and materials (unless otherwise provided herein) necessary for Vessel services for Research live-aboard dive cruises to complete reef visual census (fish), coral demographic, and benthic assessment surveys in accordance with the Statement of Work.

(vi) Description of requirements is as follows: See attached Statement of Work which applies to Base Year

INVOICES TO BE BILLED AFTER EACH RESEARCH CRUISE SET IS COMPLETED OR

ONCE ALL SERVICES ARE COMPLETED.

PROVIDE PER UNIT AND AGGREGATE PRICING FOR THE QUOTE. QUOTE PRICING

MAY BE PROVIDED ON THE ATTACHED SF18 FORM OR ON COMPANY

LETTERHEAD.

(vii) Date(s) and place(s) of delivery and acceptance: Date of Award through 12/31/24.

Cruises are expected to occur between June 1st and December 31st during this 2024 survey year.

Place of performance is aboard the contracted vessel and at port while loading/unloading the vessel. In and around the Florida Keys along Florida’s Coral Reef Tract. The Florida Keys extend from Key West to Key Biscayne, Florida

(viii) FAR provision 52.212-1 , Instructions to Offerors-Commercial Products and Commercial Services (Sept 2023), applies to this acquisition and can be found on the Request for Quote form SF18 attachment.

(ix) FAR provision 52.212-2 , Evaluation-Commercial Products and Commercial Services (Nov 2021), applies to this acquisition and can be found on the Request for Quote form SF18 attachment.

(x) FAR provision 52.212-3 , Offeror Representations and Certifications-Commercial Products and Commercial Services (Feb 2024), applies to this acquisition and can be found on the Request for Quote form SF18 attachment. Offerors are advised to include a completed copy of the provision with its offer.

(xi) FAR clause at 52.212-4 , Contract Terms and Conditions-Commercial Products and Commercial Services (Nov 2023), applies to this acquisition and can be found on the Request for Quote form SF18 attachment.

(xii) FAR clause at 52.212-5 , Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services (Feb 2024), applies to this acquisition apply can be found in full text on the Request for Quote form SF18 attachment.

(xiii) Any additional contract requirement(s) or terms and conditions that apply can be found on the Request for Quote form SF18 attachment.

(xiv) Defense Priorities and Allocations System (DPAS) and assigned rating does not apply.

(xv) Quotes are required to be received in the contracting office no later than the time and date stated in sam.gov. All quotes must be submitted electronically via email to shawana.randolph@noaa.gov.

(xvi) Any questions regarding this solicitation should be submitted electronically via email to shawana.randolph@noaa.gov.

1352.215-72 Inquiries (Apr 2010)

OFFERORS MUST SUBMIT ALL QUESTIONS CONCERNING THIS SOLICITATION IN

WRITING VIA EMAIL TO Shawana.Randolph@noaa.gov QUESTIONS SHOULD BE RECEIVED NO LATER THAN 3 days before offerors are due. Any responses to questions will be made in writing, without identification of the questioner, and will be included in an amendment to the solicitation. Even if provided in other form, only the question responses included in the amendment to the solicitation will govern performance of the contract.

(End of clause)

FAR 52.212-1 Instructions to Offerors-Commercial Products and Commercial Services (Sep 2023) NOTICE TO OFFERORS: Instructions for submitting quotations under this request for quote must be followed. Failure to provide all information to aid in the evaluation may be considered https://www.acquisition.gov/far/part-52#FAR_52_212_1 https://www.acquisition.gov/far/part-52#FAR_52_212_2 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_212_4 https://www.acquisition.gov/far/part-52#FAR_52_212_5 mailto:Shawana.Randolph@noaa.gov non-responsive. Offers that are non-responsive may be excluded from further evaluation and rejected without further notification to the offeror.

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

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

3. Offerors shall assume that the Government has no prior knowledge of them or their capability.

4. PRICING MUST BE PROVIDED ON A SEPARATE DOCUMENT FROM OTHER

EVALUATION CRITERIA RESPONSES

4. Offerors must provide all evaluation criteria in accordance with FAR 52.212-2. Offerors who do not provide all evaluation criteria will not be accepted.

1. TECHNICAL APPROACH

2. EXPERIENCE

3. COST/PRICE

“THE GOVERNMENT DOES NOT ACCEPT RESPONSIBILITY FOR NON-RECEIPT OF

QUOTES. IT IS THE CONTRACTOR’S RESPONSIBILITY TO REQUEST AND RECEIVE

A CONFIRMATION OF THE QUOTE RECEIPT”.

FAR 52.212-2 Evaluation- Commercial Products and Commercial Services (Nov 2021) Offers will be evaluated based on price and the factors set forth in paragraph (a).

The evaluation will consider the Non-Price Technical Solution (Technical Approach and Past Performance) to be significantly more important than price. However, as quotes are determined to be more equal in the non-price evaluation factor, price becomes more important and may become the determining factor for award. If, at any stage of the evaluation, all vendors are determined to have submitted equal, or virtually equal, Non-Price Technical Solutions, price could become the factor in determining which vendor will receive the award.

The Government intends to evaluate the quotes and award a purchase order based on the Offeror’s initial quote; therefore, the Offeror’s initial quote should contain the Offeror’s best terms from a Non-Price Technical Solution and price standpoint.

The Government reserves the right not to award a purchase order depending on the quality of the quote(s) submitted and the availability of funds. Furthermore, the Government may waive informalities and minor irregularities or omissions in quotes received.

The Government may make award to other than the lowest-priced Offeror or the Offeror with the highest technical rating if the Contracting Officer determines that to do so would result in the best value to the Government. The Government will not make an award at a significantly higher overall price to achieve only slightly superior performance capability.

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered.

Paragraph (a) is hereby completed as follows: Evaluation will be based on the following:

mailto:Shawana.Randolph@noaa.gov https://sam.gov/content/home

Factor 1--TECHNICAL APPROACH. The quotation will be evaluated on how the offeror intends to organize, staff and manage the contract, the Vessel and means that will be used to accomplish the contract requirements. The degree to which the quotation demonstrates an understanding of the requirements will be evaluated, as well as the offeror's planned management of consultants and subcontractors, if applicable. As applicable, the contractor shall submit with their package:

● USCG Letter of Designation (LOD

● USCG Certificate of Inspection (COI)

● Copies of all Merchant Mariner Credentials for the Master as well as credentials for an additional operator for voyages longer than 12 hours (personal data such as address can be blanked out)

● USCG Uninspected Passenger Vessel Examinations (UPV)

Factor 2--EXPERIENCE. The offeror's background, experience, and qualifications will be assessed to determine the likelihood that that offeror can successfully perform the contract requirements and the degree of the risk of non-performance. Required Knowledge and Experience:

Dive Master experience: International or Professional Divemaster certification with experience in vessel operations and emergency plans.

Boat Captain experience: Captain must have appropriate US Coast guard certifications and 2 or more years of experience “live boating

Factor 3--COST/PRICE. The proposed prices/costs will be evaluated. The cost evaluation will determine whether the proposed costs are realistic, complete, and reasonable in relation to the solicitation requirements. Proposed costs must be entirely compatible with the technical approach.

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

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

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

(End of provision)

UTILIZATION OF FEDCONNECT® FOR CONTRACT ADMINISTRATION

The Department of Commerce will utilize the FedConnect® web portal in administering this award. The contractor must be registered in FedConnect® and have access to the FedConnect® website located at https://www.fedconnect.net/Fedconnect/. For assistance in registering or for other FedConnect® questions please call the FedConnect® Help Desk at (800) 899-6665 or email at support@fedconnect.net. There is no charge for registration in or use of FedConnect®.

(End)

1333MF24Q0043

1. REQUEST NO.

5a. ISSUED BY

NAME

a. NAME

c. STREET ADDRESS

d. CITY

10. PLEASE FURNISH QUOTATIONS TO

THE ISSUING OFFICE IN BLOCK 5a ON

OR BEFORE CLOSE OF BUSINESS (Date)

2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG.1

RATING

6. DELIVERY BY (Date)

7. DELIVERY

9. DESTINATION

a. NAME OF CONSIGNEE

b. STREET ADDRESS

PAGE OF PAGES

5b. FOR INFORMATION CALL: (No collect calls)

TELEPHONE NUMBER

AREA CODE NUMBER

8. TO:

b. COMPANY

e. STATE f. ZIP CODE

c. CITY

d. STATE e. ZIP CODE

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)

THIS RFQ

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

IS IS NOT A SMALL BUSINESS SET ASIDEX

03/23/2024 143031-24-0061

1 41

601 EAST 12TH STREET SUITE 1746

KANSAS CITY MO 64106

NMFS Field Delegates 12/31/2024

OPERATIONS MGMT & INFO SERVICE

75 VIRGINIA BEACH DRIVE

F/SECX2

MIAMI

FL 33149

SHAWANA RANDOLPH

04/02/2024 1200 ED

FOB DESTINATION

OTHER

(See Schedule)X

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

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

13. NAME AND ADDRESS OF QUOTER

b. STREET ADDRESS

c. COUNTY

d. CITY e. STATE f. ZIP CODE

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

16. SIGNER

a. NAME (Type or print)

c. TITLE (Type or print)

a. NAME OF QUOTER

AREA CODE

NUMBER

15. DATE OF QUOTATION

b. TELEPHONE are are not attached

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

STANDARD FORM 18 (REV. 6-95)

Prescribed by GSA - FAR (48 CFR) 53.215-1(a)

1333MF24Q0043 BASE

Section II - Supplies or Services and Price/Costs Section III - Description/Specifications Section IX - Contract Clauses

Section II - Supplies or Services and Price/Costs

CLIN List

Item Number Description QuantityUnit Unit Price Amount

CONTENTS OF A BID PACKAGE

Offerors are to return the following information:

Page 1 (complete blocks 8 and 12-16) or submit a quote on Vendor letterhead in accordance with FAR 52.212-1, Instructions to Offerors --Commercial Products and Commercial Services

Section II (enter “Unit Price” and “Amount” for each applicable line item) and aggregate value or submit a quote on Vendor letterhead in accordance with FAR 52.212-1, Instructions to Offerors --Commercial Products and Commercial Services. Vendors who choose to return a quote on their company letterhead must provide a statement that they accept the terms and conditions as outlined in the solicitation and as set forth by the government.

Provide an email address and phone number where you can be reached for future correspondence or provide the same information on quote:

Provide your registered SAM.GOV Unique Entity ID number on the line or include on quote:

Provide your SAM.GOV CAGE number on the line or include on quote: _____________________________

Vendor shall provide your WILL or WILL NOT Statement per 52.204-24 (NOV 2021) UNLESS your Reps and Certs have been updated in SAM per 52.204-26 (OCT 2020)

As required return responses and documentation in accordance with clauses and provisions “52.212-3

OFFEROR REPRESENTATIONS AND CERTIFICATIONS-

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

The contractor submission shall include any of the following applicable documents with their package:

o USCG Letter of Designation (LOD o USCG Certificate of Inspection (COI) o Copies of all Merchant Mariner Credentials for the Master as well as credentials for an additional operator for voyages longer than 12 hours (personal data such as

Item Number Description QuantityUnit Unit Price Amount address can be blanked out) o USCG Uninspected Passenger Vessel Examinations (UPV)

Provide all documentation required to fulfill the SOW requirements and the Evaluation Factor requirements as further explained in the “Evaluation Factors” section of the Combined Synopsis Solicitation package.

In order to be considered for award you must submit a complete package in accordance with the requirements listed above and stated in the solicitation package. If you do not submit all of the required items you may be considered non-compliant.

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. Evaluation of options will not obligate the Government to exercise the option(s).

0001 19 DA

Services, non-personal, to provide all labor, equipment and materials (unless otherwise provided herein) necessary for Vessel services for Florida Keys, Research live-aboard dive cruises to complete reef visual census (fish), coral demographic, and benthic assessment surveys in accordance with Statement of work.

Award Type: Firm-fixed-price Requisition No: 143031-24-0061

Section III - Description/Specifications

Statement of Work (SOW)

STATEMENT OF WORK

National Oceanic and Atmospheric Administration (NOAA)

NOAA FISHERIES

Atlantic and Caribbean Reef Fish (Population and Ecosystems Monitoring Division) National Coral Reef Monitoring Program Surveys in Florida Vessel for Performing Dive Survey Cruises in the Florida Keys

I. Background/Overview:

As part of the National Coral Reef Monitoring Plan (NCRMP), the Southeast Fisheries Science Center (SEFSC) conducts biennial surveys as part of a multi-agency effort to assess the fishes and corals in and around the Florida Keys along Florida’s Coral Reef Tract. The Florida Keys extend from Key West to Key Biscayne, Florida. All of the coral reefs in Florida are of great concern from a scientific and management standpoint and are closely monitored by multiple state and federal agencies. The survey is extremely labor intensive with dive teams conducting many dives per leg of this survey. Most areas across Florida Keys are relatively easily accessed and mooring or boat slip access should be available as needed.

II. Scope of Work Research live-aboard dive cruises to complete reef visual census (fish), coral demographic, and benthic assessment surveys. These data will be incorporated into the database for the National Coral Reef Monitoring program and other state and federal resource monitoring programs.

III. Tasks Task 1 Berthing and boarding for at least 10 divers for at least 10 consecutive days. One 7 dive day and one 10 dive day cruise are expected for a total quantity of 17 dive days plus one transit day per cruise.

19 days total Task 2 At least 3 meals per day must be provided where at least two are “hot” meals prepared on site.

Additional snacks (fruit, chips, etc..) must also be available to the divers throughout the day and night.

Task 3 Each diver must be provided with a bunk in a designated berthing area with a covering that limits visibility within the bunk.

Task 4 Vegetarian meals and meals to accommodate food allergies must be provided, if requested at least 2 weeks prior to the start of the mission.

Task 5 As all diving operations must conform to the NOAA diving standards, the vessel(s) must provide an experienced NOAA certified Divemaster, or allow agency personnel (e.g., designated NOAA Divemaster, Dive Safety Officer, or NOAA Unit Dive Supervisor) on the vessel's operational control of all diving operations.

Task 6 Vessel personnel are required to work with the individuals from NOAA to facilitate all dive operations and ensure that they are completed in a manner that conforms with industry standards or NOAA standards. Any concerns in safety by the vessel crew are required to be reported to the NOAA Chief Scientist, Divemaster, or Deck Boss immediately.

Task 7 Provide nitrox air for SCUBA tank fills throughout the diving day without having to cease dive operations. Dive fills or tank swaps +will be completed when a diver removes their 1st stage from the tank and notifies the designated crew member.

Task 8 The nitrox mix should be 32±2% at least 95% of the time.

Task 9 Air/nitrox used to fill the SCUBA tanks must meet NOAA standards as identified in the most recent Diving Safety Manual. If requested, provide NOAA’s Unit Diving Supervisor for the SEFSC a copy of air quality testing for all the compressors or nitrox systems to be used during the mission. Current air quality must have been tested within the previous 6 months. Current standards are as follows:

Task 10 Vessel(s) crew shall have experience working with “live-boat” operations as no anchoring will be allowed during diving activities, emergencies excluded. Anchoring may be permitted within designated areas when no dive operations are underway.

Task 11 The vessel (primary or alternate) must have a depth finder, topside support, and be able to take four divers to survey shallow depths (5 to 15ft).

Task 12 The vessel must be on location at the first dive location of the day and available for dive operations from 0730 to 1800.

Task 13 The vessel(s) will provide experienced dive personnel on-site for the entirety of the cruise familiar with the vessel operations and emergency plans.

Task 14 Must provide all standard dive-safety equipment required for chartered dive operations as per US Coast Guard. There must be a sufficient quantity of oxygen to supply one diver for the time required to transport them to a higher-level medical care facility or 12 hours whichever is less.

Task 15 Must provide deck space to accommodate required NOAA provided safety equipment, approximately 50ft2.

Task 16 The primary vessel must have 120V AC power and provide an area to accommodate the set-up by the research team of a portable, vessel-wide wireless network system for the duration of the mission. All divers must be able access the wireless network at any time dive operations are not occurring.

Task 17 The vessel(s) must be provisioned with appropriate first-aid and medical supplies including adequate supplies to provide basic medical support for animal bites, common injuries (including slips, trips, falls, sprains, strains) and illness (including seasickness, common cold, food borne illness, etc.) and at least one Automated External Defibrillator (AED) unit. Additional medical supplies required for suspected COVID cases described in the Special Requirements Section are also required.

IV. Period of Performance Cruises are expected to occur between June 1st and December 31st during this 2024 survey year.

Scheduling will be dependent upon time of year (weather), SEFSC schedule, and contractor’s schedule.

V. Place of Performance Aboard the contracted vessel and at port while loading/unloading the vessel. In and around the Florida Keys along Florida’s Coral Reef Tract. The Florida Keys extend from Key West to Key Biscayne, Florida

VI. Deliverable Schedule

1. Cruise scheduling can be adjusted to fit the operator's schedule; however, all cruises must be completed between June 1, 2024 and December 31, 2024.

2. The contractor will make the vessel available for loading at least 4 hours prior to departure.

3. Weather dependent, at least 90% of meals should be provided within one hour of the following times:

Breakfast- 0630, Lunch- 1200, Dinner-1900.

4. Vessel must be ready each day for diving operations within 30 minutes of the daily agreed upon start time. This will be approximately 0730; however, it will be dependent on time of year (available light) and the sampling schedule for the day.

VII. Government-Furnished Resources The Government will not furnish any resources to the Contractor in support of this contract.

VIII. *SPECIAL REQUIREMENTS:

IX. Applicable Standards

Vessel must meet all United States Coast Guard requirements. All operators shall be currently licensed by the United States Coast Guard at the required level commensurate with the vessel they are operating.

X. Special Requirements

a. 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).

b. 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 purchase order.

Documents, files and other data are to be stored exclusively on Government owned equipment and at no point should be saved or archived on personal drives or devices. Copies are not to be disseminated to anyone outside of the NMFS or to any other contractor personnel without explicit release from the Government.

c. IT Security The contractor will not require access to Federal Buildings, DOC Systems and includes an IT component.

d. Section 508 Compliance Section 508 is not applicable

XI. Required Knowledge and Experience:

Dive Master experience: International or Professional Divemaster certification with experience in vessel operations and emergency plans.

Boat Captain experience: Captain must have appropriate US Coast guard certifications and 2 or more years of experience “live boating”.

XII. Project Lead:

Provided at time of award

XIII. Contractor's invoice Per NAM 1330-52.232-71 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (FEB 2023) Applicable to all awards made after October 1, 2023.

The Contractor must submit payment requests electronically through the U.S. Department of the Treasury's Invoice Processing Platform System (IPP). The Contractor must use the IPP website to register, access, and submit payment requests. The IPP website address is https://www.ipp.gov.

"Payment request" means any request for contract financing payment or invoice payment to the Contractor. To be considered proper, invoices must be prepared in accordance with, and contain all elements specified in, the contract payment clause (e.g., FAR 52.212-4(g), FAR 52.232-25(a)(3), FAR 52.232-26(a)(2), FAR 52.232-27(a)(2)).

https://www.ipp.gov/

The Contractor must include the following documents as attachments to payment requests submitted through the IPP: Documents with Dates of Service If the Contractor is unable to comply with the requirement to submit payment requests through the IPP due to a threat to national security; a matter of unusual or compelling urgency; or because the political, financial, or communications infrastructure of a foreign country does not support access to the IPP, the Contractor must request an exception in writing. Contact the Contracting Officer for more information about requesting an exception. (End of Clause)

Section IX - Contract Clauses

Clauses Incorporated by Reference Clause Number Clause Title

52.204-7 System for Award Management. (OCT 2018)

52.204-26 Covered Telecommunications Equipment or Services- Representation. (OCT 2020)

52.212-1 Instructions to Offerors - Commercial Products and Commercial Services. (SEP 2023)

52.212-4 Contract Terms and Conditions - Commercial Products and Commercial Services. (NOV 2023)

1352.201-70 Contracting Officer's Authority. (MAR 2010) 1352.209-73 Compliance with the laws. (APR 2010) 1352.209-74 Organizational conflict of interest. (APR 2010)

1 Utilization of FedConnect for Contract Administration

The Department of Commerce will utilize the FedConnect® web portal in administering this award. The contractor must be registered in FedConnect® and have access to the FedConnect® website located at https://www.fedconnect.net/Fedconnect/. For assistance in registering or for other FedConnect® questions please call the FedConnect® Help Desk at (800) 899-6665 or email at support@fedconnect.net. There is no charge for registration in or use of FedConnect®.

(End)

52.212-3 Offeror Representations and Certification-Commercial Products and Commercial Services

(FEB 2024)

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, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

Forced or indentured child labor means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or https://www.sam.gov/ https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.ecfr.gov/current/title-13/part-127 https://www.ecfr.gov/current/title-13/section-127.300

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

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

Immediate owner means an entity, other than the offeror, that has direct control of the offeror.

Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

Reasonable inquiry has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174).

Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

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

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

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

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

(5) Consist of providing goods or services that are used only to promote health or education; or http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_204_25

(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 (SDVOSB) concern means a small business concern—

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

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

(2) A small business concern eligible under the SDVOSB Program in accordance with 13 CFR part 128 (see subpart 19.14).

(3) Service-disabled veteran, as used in this definition, 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), and who is registered in the Beneficiary Identification and Records Locator Subsystem, or successor system that is maintained by the Department of Veterans Affairs’ Veterans Benefits Administration, as a service-disabled veteran.

Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB Program means an SDVOSB concern that—

(1) Effective January 1, 2024, is designated in the System for Award Management (SAM) as certified by the Small Business Administration (SBA) in accordance with 13 CFR 128.300; or

(2) Has represented that it is an SDVOSB concern in SAM and submitted a complete application for certification to SBA on or before December 31, 2023.

Service-disabled veteran-owned small business (SDVOSB) Program means a program that authorizes contracting officers to limit competition, including award on a sole-source basis, to SDVOSB concerns eligible under the SDVOSB Program.

Small business concern—

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships.

SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

Small disadvantaged business concern, consistent with13 CFR 124.1001, 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 the threshold at 13.CFR 124.104(c)(2) after taking into account the applicable exclusions set forth at 13 https://www.acquisition.gov/far/part-19#FAR_Subpart_19_14 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101&num=0&edition=prelim https://www.ecfr.gov/current/title-13/part-121

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

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

Women-owned business concern means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women Women-owned small business concern means a small business concern—

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

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

Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.

(b)

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

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________.

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

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

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.] https://www.ecfr.gov/current/title-13/part-127 https://www.ecfr.gov/current/title-13/section-127.300 http://www.sam.gov/ https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-4#FAR_4_1201

(c) Offerors must complete the following representations when the resulting contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii). Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that—

(i) It ¿ is, ¿ is not a small business concern; or

(ii) It ¿ is, ¿ is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h) and 13 CFR 125.8(a) and (b). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: __.]

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

(3) SDVOSB 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 that it ¿ is, ¿ is not an SDVOSB concern.

(4) SDVOSB concern joint venture eligible under the SDVOSB Program. The offeror represents that it ¿ is, ¿ is not an SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR 128.402. [Complete only if the offeror represented itself as an SDVOSB concern in paragraph (c)(3) of this provision.] [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ____________.]

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

(6) WOSB joint venture eligible under the WOSB Program. The offeror represents that it ¿ is, ¿ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: __.]

(7) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents that it ¿ is, ¿ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: __.]

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

Note to paragraphs (c)(9) and (10): Complete paragraphs (c)(9) and (10) only if this solicitation is expected to exceed the simplified acquisition threshold.

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

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

(i) It ¿ is, ¿ is not a HUBZone small business concern listed, on the date of this representation, as having been certified by SBA as a HUBZone small business concern in the Dynamic Small Business Search and SAM, and will attempt to maintain an employment rate of HUBZone residents of 35 percent of its employees during performance of a HUBZone contract (see 13 CFR 126.200(e)(1)); and

(ii) It ¿ is, ¿ is not a HUBZone joint venture that complies with the requirements of 13 CFR 126.616(a) through (c). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: __.] Each HUBZone small business concern participating in the HUBZone joint venture https://www.acquisition.gov/far/part-19#FAR_Part_19 https://www.acquisition.gov/far/part-19#FAR_19_000 https://www.ecfr.gov/current/title-13/section-121.103#p-121.103(h) https://www.ecfr.gov/current/title-13/section-121.103#p-121.103(h) https://www.ecfr.gov/current/title-13/section-125.8#p-125.8(a) https://www.ecfr.gov/current/title-13/section-125.8#p-125.8(b) https://www.ecfr.gov/current/title-13/section-127.506#p-127.506(a) https://www.ecfr.gov/current/title-13/section-127.506#p-127.506(c) https://www.ecfr.gov/current/title-13/section-127.506#p-127.506(a) https://www.ecfr.gov/current/title-13/section-127.506#p-127.506(a) https://www.ecfr.gov/current/title-13/section-127.506#p-127.506(c) https://www.ecfr.gov/current/title-13/section-126.200 https://www.ecfr.gov/current/title-13/section-126.616#p-126.616(a) https://www.ecfr.gov/current/title-13/section-126.616#p-126.616(a) https://www.ecfr.gov/current/title-13/section-126.616#p-126.616(c) shall provide representation of its HUBZone status.

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

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

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

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

(2) Affirmative Action Compliance. The offeror represents that-

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

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

(e) Certification Regarding Payments to Influence Federal Transactions (31 http://uscode.house.gov/ U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

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

(1)

(i) The Offeror certifies that each end product and that each domestic end product listed in paragraph (f)(3) of this provision contains a critical component, except those listed in paragraph (f)(2) of this provision, is a domestic end product.

(ii) The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select “no”.

(iii) The Offeror shall separately list the line item numbers of domestic end products that contain a critical component (see FAR 25.105).

(iv) The terms “commercially available off-the-shelf (COTS) item,” “critical 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:

Line Item No. Country of Origin Exceeds 55% domestic content (yes/no) http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_225_1 https://www.acquisition.gov/far/part-52#FAR_52_225_1

[List as necessary]

(3) Domestic end products containing a critical component:

Line Item No. ___ [List as necessary]

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

(g)

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

(i)

(A) The Offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (iii) of this provision, is a domestic end…