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Services, with the associated size standard of

$19 million apply to this announcement.

RPN: 0070266782 BEST SOURCE Consulting service to develop a ShakeAlert Earthquake Early

Warning (EEW) System technical engagement plan.

00010 ShakeAlert Earthquake Early Warning System

Messaging Toolkit Update Project in accordance with the SOW included herein.

Base year.

Product/Service Code: B542

Product/Service Description: SPECIAL

STUDIES/ANALYSIS- EDUCATIONAL

Period of Performance: 11/15/2024 to 11/14/2025

01010 ShakeAlert Earthquake Early Warning System

Messaging Toolkit Update Project.

Option year 1:

11/15/2025 to 11/14/2026

(Option Line Item)

Anticipated Exercise Date 11/15/2025

Product/Service Code: B542

Product/Service Description: SPECIAL

STUDIES/ANALYSIS- EDUCATIONAL

Period of Performance: 11/15/2025 to 11/14/2026

02010 ShakeAlert Earthquake Early Warning System

Messaging Toolkit Update Project.

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

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140G0324Q0200

Option year 2:

11/15/2026 to 11/14/2027

(Option Line Item)

Anticipated Exercise Date 11/15/2026

Product/Service Code: B542

Product/Service Description: SPECIAL

STUDIES/ANALYSIS- EDUCATIONAL

Period of Performance: 11/15/2026 to 11/14/2027

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

140G0324Q0200

PERFORMANCE-BASED WORK STATEMENT

ShakeAlert Earthquake Early Warning System Messaging Toolkit Update Project

I. GENERAL INFORMATION

A. Introduction

The ShakeAlert Earthquake Early Warning System currently operates in California, Oregon, and Washington and serves over 50 million residents and visitors to those states. While initial Communication Education Outreach (CEO) efforts produced tools and resources for emergency managers and other earthquake education practitioners, as well as various sector thought leaders in Healthcare, Utilities, Transportation and Education, there remain untapped opportunities to expand elements for engagement with other stakeholders, audiences, influencers for maximum messaging uptake to advance preparedness and public safety. Many elements of the existing Toolkit were released before the full rollout of ShakeAlert System public alerting in mid-2021 and there is an ongoing need to update current documents, guidelines, graphics, and other deliverables.

The ShakeAlert System is also undergoing continuing development and evolution including and the integration of geodetic data into the ShakeAlert data feed in 2024, the completion of the build out of the seismic sensor network by the end of 2025, and the expansion of ShakeAlert-powered products and services in new technical sectors. Messaging resources must reflect this expansion and evolution of the ShakeAlert System.

The overall goal of this project is to update and expand on existing ShakeAlert Messaging resources and guidelines;

leverage relationships with key thought leaders to further distribute and influence current ShakeAlert messaging; and align with/implement elements of the ShakeAlert® Communication, Education, Outreach & Technical Engagement (CEO&TE) Strategic Vision (December, 2023).

The goals of the ShakeAlert Messaging Toolkit Update Project are:

• To develop strategies and resources to engage additional communities which will allow the ShakeAlert CEO&TE team to expand and enhance uptake of ShakeAlert earthquake early warning in California, Oregon, and Washington. This includes emphasis on critical sectors such as K-12 schools and increased engagement with first responders.

• To develop, update, and expand existing multimedia tools and resources that reflect current guidance (e.g.

USGS EHP ShakeAlert Alerting Priorities (2023)) and ensure uniform messaging across all ShakeAlert resources to reach broader non-technical audiences.

• To leverage existing information products and tools developed by the USGS to further enhance earthquake risk reduction.

• To broaden the use of ShakeAlert data in technical sectors and promote the development of new ShakeAlert-powered products and services.

• To ensure all work efforts and products align with, satisfy, and advance implementation of the vision and mission of the ShakeAlertⓇ CEO&TE Strategic Vision (December, 2023).

B. Background

The ShakeAlert® earthquake early warning system (ShakeAlert EEW system, ShakeAlert system, ShakeAlert, system) detects within seconds earthquakes that meet certain thresholds, so alerts can be delivered to people and vital technical infrastructure (e.g. utilities) and industry sectors, potentially seconds before strong shaking arrives at their location. ShakeAlert-powered alerts encourage people to take a self-protective action, such as Drop, Cover, and Hold On, and trigger automated actions to protect critical systems, equipment, facilities, and infrastructure. Acknowledging the human interface of EEW is indispensable. A significant factor in the adoption and ultimate success of the ShakeAlert EEW System is effective communication, education, outreach, and technical engagement.

The USGS’s 2018 Revised Technical Implementation Plan for the ShakeAlert System – An Earthquake Early Warning System for the West Coast of the United States (2018 Technical Implementation Plan) notes that “EEW alerts are useless if people do not know how to respond to them” and “Extensive communication, education, and outreach (CEO) for both public and institutional users is needed for ShakeAlert to have maximum beneficial impact.”

Because ShakeAlert Communication, Education, Outreach, and Technical Engagement (CEO&TE) — like the ShakeAlert EEW system itself — is a collaborative effort, the purpose of this project is to align USGS, its Principal Partners, Implementation Partners, and other key stakeholders around the design and overarching framework for ShakeAlert communication, education, and outreach.

Though the COVID-19 pandemic prevented in-person collaboration and planning sessions, CEO&TE planning to produce the 2021-26 ShakeAlert Communication, Education, Outreach and Technical Engagement Strategic Vision was developed with significant stakeholder input and is grounded in strategic planning best practices for Federal agencies and partnership-based programs. ShakeAlert CEO&TE envisions a future where EEW is a widely integrated component of preparedness and mitigation culture in the U.S.

Through continued, thoughtful stakeholder engagement; a basic management, coordination, and evaluation structure; and the implementation of CEO&TE strategies founded upon social science and evidence-based approaches, this Strategic Plan provides a framework to realize the ShakeAlert CEO&TE vision:

Earthquake Early Warning for All.

C. Definitions/Applicable Documents

Pilot License Agreement (aka: Pilot Partner): A Pilot License Agreement with the USGS allows Technical Partners to research, develop, and internally test innovative ways to use ShakeAlert® Messages to deliver ShakeAlert-powered products and services the public and/or to automated systems, subject to limitations set forth by the USGS for the technology and field of use identified in the License Agreement between the USGS and the Technical Partner.

License to Operate (LtO): On conversion from a Pilot Partner to an LtO, the USGS grants a ShakeAlert licensee the right to distribute ShakeAlert-powered products and services to the public and/or to automated systems, subject to limitations set forth by the USGS for the technology and field of use identified in the License Agreement between the USGS and the LTO Technical Partner.

Client: A customer of an LtO which can (1) purchase and (or) subscribe to ShakeAlert-powered products and (or) services to be delivered to end-users, (2) be themselves an end-user or (3) both. An example of (1) a school that purchases ShakeAlert-powered alert delivery for its staff and students or a transportation agency that uses an LtO's products and (or) services to slow or stop trains. An example of (2) is a person who downloads and uses a ShakeAlert-powered app from an LtO. An example of (3) a rider in a train that is powered by ShakeAlert and is impacted by automated actions based on ShakeAlert data.

End-User: End-users receive ShakeAlert-powered products or services from LtO Partners. End-users include people who receive these products or services directly (e.g., to their cell phones), as well as organizations that work with an LtO Partner to implement automated “machine-to-machine” actions.

Human Interface: Any mode of interaction that a person has with ShakeAlert-powered products and services based on the utilization of ShakeAlert Messages by licensed ShakeAlert technical partners. The interface can be direct, such as an alert delivered to a cell phone, indirect such as (on) a train that slows down due to an ShakeAlert-powered automated action, or a combination.

ShakeAlert CEO&TE: ShakeAlert Communication, Education, Outreach, and Technical Engagement

ShakeAlert JCCEO&TE: ShakeAlert Joint Committee for Communication, Education, Outreach, and Technical Engagement. The JCCEO&TE supports, provides feedback, and participates in the management of the USGS-led ShakeAlert CEO&TE effort.

Relevant Reference Documents/References:

ShakeAlert CEO&TE Community Partner Website - Available: ShakeAlert.org

ShakeAlert “X”- Available: @USGS_ShakeAlert

ShakeAlert Licensing Pathway - Available:

https://drive.google.com/file/d/1TKcsLA92bHtoiJaoU3zIeiZDWSIO-O8Z/view?usp=share_link ShakeAlert Inclusive and Culturally Competent Messaging Guide - Available:

https://drive.google.com/file/d/1R16nOZVhR6_EcsDHcaxL1rlvRN8kZnBM/view

ShakeAlert Trademark Guidelines - Available: https://www.shakealert.org/system-information/shakealert-trademark-guidelines/

ShakeAlert Tests, Drills, and Exercises Guide - Available: https://www.shakealert.org/toolkit/introduction/

ShakeAlert System Alerting Thresholds - Available: https://www.shakealert.org/system-information/alert-delivery-thresholds/

ShakeAlert Communication, Education, Outreach, and Technical Engagement Strategic Vision, December 2023. (Available upon request)

Revised technical implementation plan for the ShakeAlert system—An earthquake early warning system for the West Coast of the United States - Available: https://pubs.er.usgs.gov/publication/ofr20181155

ShakeAlert Evaluation License Agreement - Available: https://www.shakealert.org/wp-content/uploads/2023/11/ShakeAlert_ELA_Form_Template_For_Distribution_November_2023.pdf

ShakeAlert Pilot License Agreement - Available: https://www.shakealert.org/wp-content/uploads/2023/12/ShakeAlert_PLA_Template_November_2023a_For_Distribution-1.docx

ShakeAlert Technical Performance Review Criteria for LtO Conversion (4/2024) [.pdf] - Available:

https://www.shakealert.org/wp-content/uploads/2024/04/Tech_Performance_Guidelines_202404_Update_Final.pdf

ShakeAlert Education and Training Review Criteria for LtO Conversion (8/2022) [.pdf] - Available:

https://www.shakealert.org/wp-content/uploads/2023/08/Education-and-Training-Guidelines_August- 2022.pdf https://drive.google.com/file/d/1TKcsLA92bHtoiJaoU3zIeiZDWSIO-O8Z/view?usp=share_link https://drive.google.com/file/d/1R16nOZVhR6_EcsDHcaxL1rlvRN8kZnBM/view https://www.shakealert.org/system-information/shakealert-trademark-guidelines/ https://www.shakealert.org/system-information/shakealert-trademark-guidelines/ https://www.shakealert.org/toolkit/introduction/ https://www.shakealert.org/system-information/alert-delivery-thresholds/ https://www.shakealert.org/system-information/alert-delivery-thresholds/ https://pubs.er.usgs.gov/publication/ofr20181155 https://www.shakealert.org/wp-content/uploads/2023/11/ShakeAlert_ELA_Form_Template_For_Distribution_November_2023.pdf https://www.shakealert.org/wp-content/uploads/2023/11/ShakeAlert_ELA_Form_Template_For_Distribution_November_2023.pdf https://www.shakealert.org/wp-content/uploads/2023/12/ShakeAlert_PLA_Template_November_2023a_For_Distribution-1.docx https://www.shakealert.org/wp-content/uploads/2023/12/ShakeAlert_PLA_Template_November_2023a_For_Distribution-1.docx https://www.shakealert.org/wp-content/uploads/2024/04/Tech_Performance_Guidelines_202404_Update_Final.pdf https://www.shakealert.org/wp-content/uploads/2024/04/Tech_Performance_Guidelines_202404_Update_Final.pdf https://www.shakealert.org/wp-content/uploads/2023/08/Education-and-Training-Guidelines_August-2022.pdf https://www.shakealert.org/wp-content/uploads/2023/08/Education-and-Training-Guidelines_August-2022.pdf

ShakeAlert Start-up Guide for Prospective Technical Partners (4/2021). Available:

https://drive.google.com/file/d/13sEXorNwSTstXIe2UwD7v8Vt3Ds8Idx9/view

ShakeAlert Messaging Toolkit - Available: https://www.shakealert.org/education-and-outreach/messaging_toolkit/

Advanced National Seismic System - Available: https://www.usgs.gov/programs/earthquake-hazards/anss-advanced-national-seismic-system

II. WORK REQUIREMENTS

A. Technical Requirements.

1. Work Elements

The project plan is segmented into three primary tasks with deliverable subtasks (not including Project Management.

The project period of performance is November 15, 2024 –November 14, 2025. (With 2 option years subject to availability of funds and continuing need).

All proposed work efforts and deliverables will support the ShakeAlert System through coordination, collaboration, and community building, while being inclusive, collaborative, culturally sensitive, and dynamic. These services can be grouped into three overarching service categories that reflect the need for additional public relations, strategic planning, and collateral development.

2. Criteria for acceptance of Product or Service

The USGS will be the lead agency for this project and will be responsible for making all final decisions regarding the acceptance of the project deliverables. The USGS Office of Communications and Office of Policy and Analysis will conduct an extensive review of all project outputs to ensure compliance with USGS Communications and Technology Transfer. To ensure broad CEO&TE stakeholder involvement and input, a JCCEO&TE Focus Team (made up of representatives from the three ShakeAlert states and the USGS Management Team) will be established, and members will serve during the entire period of performance. The Focus Team will be in place before the project commences in November 2024.

Project Management Plan Contractor will develop a Project Management Plan (PMP), which incorporates the project goals and deliverable completion dates, along with project communication and risk management strategies. This will be the primary document the Contractor uses to plan, coordinate, and manage the project. The PMP will show task elements completed and those left to complete, and will explain successes, challenges, and resolutions. The PMP will be developed in draft and finalized form in consultation with the USGS Project Management Team.

Weekly Project Management Check-In Calls Throughout the project performance period, Contractor will facilitate weekly project management check-ins with the USGS Management team (and USGS designees) to ensure regular communications on project status and next steps, and to discuss the status of deliverables, among other topics.

https://drive.google.com/file/d/13sEXorNwSTstXIe2UwD7v8Vt3Ds8Idx9/view https://www.shakealert.org/education-and-outreach/messaging_toolkit/ https://www.shakealert.org/education-and-outreach/messaging_toolkit/

Monthly Written Project Status Reports Contractor will provide the USGS with monthly written project status reports, which will accompany monthly invoices. Status on project-specific goals, milestones, tasks, and deliverables will be discussed in these written reports. Contractor will also provide a brief, bulleted monthly status report for the JCCEO&TE; the latter will be distributed by the USGS.

Deliverable Review and Feedback Process Each member of the project Focus Team will serve an important role in the review of materials developed as part of task completion. Unless feedback is communicated from team members to the contractor in the conduct of a collaborative meeting, other feedback on deliverables will be communicated from the USGS Project Management Team to Contractor and/or through collaborative documents that reside on a shared drive.

Deliverable Quality Control/Quality Assurance A mutually agreed upon Quality Assurance/Quality Control process throughout the project performance period is indispensable. Most successful projects are those with precisely, clearly, and completely defined scopes, and with agreement and buy-in from project managers, subject-matter experts, advisers, and key stakeholders from the onset.

All materials produced will be subject to a robust quality assurance/quality control review for accuracy in content and composition. As deliverables and materials are completed, their quality will be assured through audits against quality requirements and previously defined evaluation criteria.

Project Close-out Meeting and Recommended Next Steps On completion of all tasks, Project Management Team will meet via Zoom with the USGS, the JCCEO&TE Focus Team, and other JCCEO&TE representatives to discuss the project’s progression, outcomes, impressions about community buy-in, and to recommend next steps. Any materials that require sign-off, return, or archiving will be identified at that time.

B. Deliverables

1. Characteristics for work product described in II.A.1., identified by name and quantity.

Task A: Updates to Existing and Development of New Multimedia Resources for ShakeAlert Messaging Toolkits

a. Update all existing all multimedia ShakeAlert Messaging Toolkit Resources (graphics, manuals, and other assets) to reflect current messaging by the ShakeAlert System in 2025 including the completion of seismic and geodetic network station buildout and expansion of the use of ShakeAlert data in new technical sectors.

b. Update resources (e.g. graphics and talking points) that align with 2023 USGS Earthquake Hazards

Program ShakeAlert alerting guidance and updates to tsunami messaging (in collaboration with NOAA and FEMA).

c. Develop and update multimedia resources that reflect the transition of the ShakeAlert system from “buildout: phase to “operations and maintenance phase.”

d. Coordinate/manage all collateral (amendments to existing and new) through translation/graphics services.

e. Develop and coordinate a review and roll-out/strategy for all resources developed in this task.

Task B: ShakeAlert in K-12 Schools Project

a. Develop and test materials (handouts, graphics, slide decks, and multimedia resources) for K-12 schools that promote earthquake preparedness, awareness about ShakeAlert, and integration of ShakeAlert EEW into drills, tests and exercise

b. Develop an Outreach and Engagement Strategy for K-12 schools that embraces the whole school community (students, teachers, staff, administrators, and parents). This includes engagement via social media (X and LinkedIn).

c. Create an “Operational Guide” for internal use regarding program administration, SOPs, etc.

etc.

d. Coordinate/manage all collateral (amendments to existing and new) through translation/graphics services.

e. Develop and coordinate a review and roll-out/strategy for all resources developed in this task.

Task C: Advanced National Seismic System (ANSS) Toolkit

a. Develop and test materials (handouts, graphics, slide decks, and multimedia resources) that promote integration of ShakeAlert EEW with ANSS that are aligned with the ShakeAlert CEO&TE Strategic Vision priorities 1 and 4.

Priority 1: Public Safety, Preparedness, and Resilience

This priority includes products, programs, and/or services that support the reduction of earthquake risk.

This is done by addressing the needs and priorities of the emergency management community with a focus on how the ShakeAlert System can contribute to public safety, including emergency response and recovery.

Emergency management agencies use other Advanced National Seismic System (ANSS) information products and tools for earthquake notification (e.g., Earthquake Notification Service), information (e.g., latest Earthquake Event Pages), and response information (e.g., ShakeMap). Unlike the other ANSS tools that largely provide post-earthquake information, ShakeAlert EEW is another public safety tool that has the potential to protect people and systems before strong shaking arrives. This priority aims to integrate ShakeAlert into existing earthquake preparedness efforts and other emergency management programs (e.g., The Great ShakeOut, 2WeeksReady, etc.). These programs can help to position the ShakeAlert System as a tool that complements practices, such as organizing disaster supplies, securing one's space, and knowing appropriate protective actions to take when one receives a ShakeAlert-powered alert or feels shaking. This priority includes the exploration of future opportunities to enhance public safety using ShakeAlert and emergency management applications, such as how to improve information sharing and coordination between earthquake early warning and tsunami warning systems.

Priority 4: Integration with Other Federal and State Earthquake Hazards Products

This priority addresses the integration of technical earthquake information products, programs, and/or services with the ShakeAlert System. This could also include contextualizing ShakeAlert in the ecosystem of earthquake information products and tools from ANSS and other sources. The ShakeAlert system produces one of many ANSS data products that can reduce earthquake risk when used in conjunction with other products, such as ShakeMap, ShakeCast, etc. In this context, ShakeAlert has a specific role and complements the other products. A goal of this priority is to promote the integration of multiple information products and tools (provided by ANSS and others) by ShakeAlert Technical Partners into their proposed ShakeAlert-powered products, services, applications, etc. to be implemented on the Technical Partner’s conversion to LtO status. This priority also includes promoting the exploration of the technical feasibility of new and/or other information products, such as how to improve information sharing and coordination between earthquake early warning and tsunami warning systems.

b. Develop an Outreach and Engagement Strategy for the audiences listed in Priorities 1 and 4 (i.e.

emergency managers and ShakeAlert Technical Partners). This includes engagement via social media (X and LinkedIn).

c. Create an “Operational Guide” for internal use regarding program administration, SOPs, etc.

etc.

d. Coordinate/manage all collateral (amendments to existing and new) through translation/graphics services.

e. Develop and coordinate a review and roll-out/strategy for all resources developed in this task.

Task D: Community Emergency Response Team (CERT) ShakeAlert Project

a. Develop and test materials (handouts, graphics, slide decks, and multimedia resources) CERT volunteers that promotes ShakeAlert, and integration of ShakeAlert EEW into drills, tests and exercises.

b. Develop an Outreach and Engagement Strategy for CERT chapters to promote uptake of ShakeAlert CERT resources. This includes engagement via social media (X and LinkedIn).

c. Create an “Operational Guide” for internal use regarding program administration, SOPs, etc.

etc.

d. Coordinate/manage all collateral (amendments to existing and new) through translation/graphics services.

e. Develop and coordinate a review and roll-out/strategy for all resources developed in this task.

2. Delivery dates for work/product to be completed and point of delivery 11/14/2025.

III. SUPPORTING INFORMATION

A. Place of Performance.

Work will be conducted by contractor from their office and will work with the JCCEO&TE team primarily virtually (via phone, web conference, via email, and/or other online collaborative activities. However, we would like to take advantage of potential in-person gatherings for planning and work groups.

B. Period of Performance: 11/15/2024 – 11/14/2025 (with 2 option years subject to availability of funds and continuing need).

C. Government Furnished Property (GFP): list property and its value: None

D. Special Considerations.

1. Key personnel qualifications

Candidate(s) must have at least two (2) years of experience developing communications resources for the ShakeAlert earthquake early warning system. BA or BS degree in of one these educational fields;

Journalism, Communications, or Public Policy.

2. Data Rights, Safety, Environment: None

3. Security/Privacy issues (ingress to Federal buildings, personnel clearances, computer security): None

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 https://www.acquisition.gov/far/.

The following provisions are incorporated by reference, with fill-ins noted as appropriate:

52.204-7 – System for Award Management (Oct 2018) 52.212-1 – Instructions to Offerors – Commercial Items (Sep 2023)

52.212-2 – Evaluation-Commercial Product and Commercial Services (Nov 2021)

(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.

• Capability, including technical capability and capacity to perform in the required time.

• Corporate experience and experience of key personnel and/or subcontractors.

Candidate(s) must have at least two (2) years of experience developing communications resources for the ShakeAlert earthquake early warning system. BA or BS degree in of one these educational fields; Journalism, Communications, or Public Policy.

• Past performance

• Price

“Technical Capability” is your qualifications to perform this work on paper, including such things as resumes of key personnel, necessary certifications and licenses, corporate resources, availability, etc.

“Experience” is the degree to and frequency with which you have performed similar work before.

Recent and relevant experience is preferred.

“Past performance” is the measure of how well you have performed similar work before. Recent and relevant past performance is preferred. Please submit at least three references with contact information. Additionally, we will utilize the Contractor Performance Assessment Reporting System (CPARS) to the extent data are available and reserve the right to use any other source of past performance information.

Each offeror must submit sufficient documentation for the USGS to evaluate their experience and past performance. Failure to provide the requested information may result in removal from further consideration.

Technical and past performance are more important factors, when combined, when compared to price.

https://www.acquisition.gov/far/

We will select for award the prospective contractor whose quotation conforming to this solicitation will be most advantageous to the USGS.

(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.

It is the prospective contractor’s responsibility to submit enough information to allow a meaningful evaluation in each of these areas. Failure to do so will negatively impact our evaluation of your quotation. We will conduct a comparative evaluation of all submissions to establish an overall value proposition for each prospective contractor, and award to the one representing the best overall value. “Comparative evaluation” means assessments such as “more capable/less capable; more experience/less experience; better past performance/worse past performance; likely more expensive/likely less expensive”, etc. In determining the best overall value, we are more concerned with factors other than price than we are with awarding to the lowest priced prospective contractor.

(End of Provision)

52.232-18 Availability of Funds (Apr 1984) Funds are not presently available for this contract. The Government’s obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

(End of clause)

52.212-3 Offeror Representations and Certifications – Commercial Products and Commercial Services (MAY 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— https://www.sam.gov/

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

(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 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.ecfr.gov/current/title-13/part-127 https://www.ecfr.gov/current/title-13/part-127 https://www.ecfr.gov/current/title-13/section-127.300 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

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

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

(6) Have been voluntarily suspended."Sensitive technology"—

Sensitive technology—

(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) https://www.acquisition.gov/far/52.204-25#FAR_52_204_25

(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 with 13 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 CFR124.104(c)(2); and https://www.acquisition.gov/far/subpart-19.14#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 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 https://www.ecfr.gov/current/title-13/part-121

(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 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/52.212-3#FAR_52_212_3 standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __.

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

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

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

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

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

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

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

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

(3) SDVOSB concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this…