Solicitation_Attachments_Lab_Svc.pdf

140G0323Q0160 Page 5 of 35

STATEMENT OF WORK

GENERAL

This is a “nonpersonal services contract” for an Indefinite Delivery/Indefinite Quantity of Laboratory Services for the U.S. Geological Survey (USGS) Pacific Coastal & Marine Science Center (PCMSC) in Santa Cruz, California.

The USGS is a federal science agency in the U.S. Department of the Interior (DOI).

A “nonpersonal services contract” is defined in Federal Acquisition Regulation (FAR) 37.101. It is therefore understood and agreed that the contractor and/or the contractor’s employees: (1) shall perform the services specified herein as independent contractors, not as employees of the government; (2) shall be responsible for their own management and administration of the work required and bear sole responsibility for complying with any and all technical, schedule, or financial requirements or constraints attendant to the performance of this contract; (3) shall be free from supervision or control by any government employee with respect to the manner or method of performance of the services specified; but (4) shall, pursuant to the government’s right and obligation to inspect, accept or reject the work, comply with such general direction of the contracting officer, or the duly authorized representative of the contracting officer as is necessary to ensure accomplishment of the contract objectives.

BACKGROUND

The Pacific Coastal and Marine Science Center (PCMSC) of the U.S. Geological Survey (USGS) conducts field studies to characterize the environment primarily in coastal and marine systems in U.S. states and territories in the

Pacific Region. Laboratory Services are needed to prepare (“prep”) and/or characterize environmental samples for PCMSC projects.

4 year ordering period from date of award.

PCMSC Laboratories currently have a backlog of samples needing basic prep and/or characterization. However, year-to-year workflows are variable and subject to programmatic funding levels and priorities. The requirement is for up to 1,600 samples per performance year.

Scope of Work

This Scope of Work describes Standard Operating Procedures (SOPs) that are required to prepare (‘prep’) unmodified sediment (‘bulk’) for various analyses or to perform routine lab analyses. Lab Services will be requested in batches of up to 50 samples. The PI will specify which prep and/or analyses are required for each batch of samples.

• All samples will be handled in such a way as to prevent contamination of samples during handling and cross-contamination between samples. Clean plastic, stainless steel, aluminum, ceramic, glass, and Teflon sampling tools and containers are acceptable, as is laboratory weighing paper.

• When drying is required, sediment may be oven-dried at 60°C in original containers or in clean ceramic drying dishes. Freeze-drying may be substituted for oven drying.

• All unused sample material will be returned to the PI (in original containers).

Sample prep for Grain Size and Carbon analyses (combined)− Bulk sediment will be defrosted and homogenized (stirred). Approximately 20 g of wet bulk sediment will be put into a labeled 2 oz whirl-top plastic bag or similar. The weight does not need to be recorded. Subsamples should be stored frozen.

If only Carbon sample prep is requested, then approximately 1 gram of wet, homogenized bulk sediment will be put into a labeled 2 oz whirl-top plastic bag or similar. The weight does not need to be recorded. Subsamples should be stored frozen.

Sample prep for Elemental analysis (fine-fraction separation)− Bulk sediment will be dried at 60 degrees C and disaggregated with a clean mortar and pestle. Disaggregated sediment will be dry-sieved with a 63 µm-diameter stainless steel sieve. At least 2.0 grams of fine sediment (or other amount specified by the PI) will be packaged in a labeled 2 oz whirl-top plastic bag or plastic vial. Record the sample weight in the Lab Notes.

Store subsamples at room temperature.

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Sample prep for Stable Isotope analysis− Bulk sediment will be dried at 60 degrees C and disaggregated with a clean mortar and pestle. Exclude shells and organic detritus, if present, by passing the disaggregated material through a 500 µm-diameter stainless steel sieve. Approximately 0.5 gram of dry bulk sediment will be put into a labeled 2 oz whirl-top plastic bag or similar. The weight does not need to be recorded. Store subsamples at room temperature.

Sample prep for Gamma counting− (If a preliminary Water Content analysis is required, the PI will specify such. Water Content analysis is a routine lab procedure and SOPs are widely available). Bulk sediment will be dried at 60 degrees C and disaggregated with a clean mortar and pestle. If present, large particles such as rocks, shells, and organic debris will be excluded by passing the material through a 500µm-diameter stainless steel sieve. 10 milliliters (ml) of sediment will be densely packed into tared specialized Gamma vials (provided by the PI) by tapping the base of the vial firmly against the countertop until the vial is filled to the 10 ml mark. The tared weight of the sediment will be determined on an analytical balance with at least 0.000 gram, or three decimal places, resolution. The cap of the filled gamma vial will be sealed with parafilm. The sediment weight and seal date will be written in the Lab Notes and with permanent marker on the gamma vial. Store vials at room temperature.

Grain Size Analysis− Sediment grain size analysis (GSA) is a routine lab procedure. Various SOPs are widely available, but to ensure compatibility with USGS data, quantification with a laser particle diffraction counter is required (e.g., Beckman Coulter Life Sciences). GSA will be determined on organic- and salt-free sediment.

Removal of organic matter and salt from sediment are routine lab procedures and SOPs are widely available.

Bulk organic- and salt-free sediment will be wet-sieved through 2 mm-diameter and 0.063 mm-diameter sieves over a 1-liter container to catch material passing through the sieves. Material retained on the sieves (> 2 mm, >0.063 mm) will be oven-dried and weighed separately to determine percentages of gravel and sand. A 20 ml split of deionized, disaggregated (e.g., Calgon-treated) <0.063 mm material will be oven-dried and weighted to determine percent fines. The >2mm material will be size-fractioned by dry sieving into quarter-phi intervals, which will be weighed and recorded individually. GSA of particles retained on the 0.063 mm sieve and passing through the sieve (<0.063 mm) will be quantified separately using a laser particle diffraction counter. QA/QC:

A duplicate of a sample will be analyzed with every 20 GSA samples. Data reporting: 1) Weights of the >2 mm

(gravel), >0.063 mm (sand), and <0.063 mm (fine) fractions determined by wet-sieving will be compiled into a table; and 2) Weights of all individual quarter-phi size fractions determined by dry-sieving (> 2 mm) and laser particle diffraction (>0.063 mm, <0.063 mm runs) will be compiled into a table ordered by decreasing phi

(increasing size).

Carbon Analysis− Carbon analysis consisting of total carbon (TC), total inorganic carbon (TIC) and total organic carbon (TOC) determination is a routine lab procedure. Various SOPs are widely available, but to ensure compatibility with USGS data, quantification of TC and TIC by coulometric titration is required (e.g., UIC, Inc.). TOC will be calculated as the difference between TC and TIC. QA/QC: All samples will be run in duplicate. Data reporting: a table of sample and duplicate values of TC, TIC, and TOC, will be reported.

REQUIRED SKILLS AND KNOWLEDGE

The contractor is required to have worked for six months full-time (or the part-time equivalent) in a physical or life science laboratory with Satisfactory or higher performance.

In addition, the contractor must be proficient in:

• handling environmental samples without contamination

• use of a laboratory drying oven or freeze dryer

• the use and care of laboratory sieves

• water content analysis of sediment

• use and care of an analytical balance

• safe handling of hazardous materials (e.g., concentrated acids and bases)

• general lab safety protocols

• laboratory record-keeping

PERFORMANCE MEASURES

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Lab services are deemed acceptable when they adhere to requirements in the Scope of Work, are performed accurately, and completed samples are delivered in accordance with deadlines.

For Grain Size Analyses and Carbon Analyses, data are acceptable when duplicate (quality assurance) sample results are within 15% of each other unless special circumstances are documented, such as samples that are extremely heterogeneous or samples with a challenging matrix (such as shell hash).

DELIVERABLES

• Labeled splits of each sample for each specified analysis.

• Copies of any log sheets and lab notes for the samples prepped or analyzed.

• Electronic data tables of GSA and Carbon results, when applicable, in Microsoft Excel, Microsoft Word, Google Sheets, Google Docs, or delimited text format.

• Returned of unused material (in original containers, if possible).

TIMELINESS

The PI will provide at least 2 weeks advance notice when lab services will be needed. Deliverables are due within 4 weeks of receipt of samples.

SHIPPING COSTS

Shipping costs will be paid by the USGS.

TRAVEL

No travel is required to perform Lab Services.

SECURITY CLASSIFICATION

The services requested under this contract are low-risk, non-sensitive.

EVALUATION AND SELECTION CRITERIA

Bids/quotes will be evaluated primarily for technical merit, including the Skills and Knowledge. If the contractor is an individual, they should submit a Resume or Curriculum Vitae that describes relevant work and/or education experience, and the name and contact information of at least one relevant professional reference. If the contractor represents a laboratory, it will provide documentation of satisfactory performance of GS and Carbon analysis using the SOPs and QA/QC criteria described in the Scope of Work (e.g., accreditation, in-house Method descriptions, published or unpublished reports utilizing the lab’s data, outside letters of support). Total cost is another evaluation criterion.

PAYMENT FOR SERVICES

The Contractor will bill (invoice) the USGS for services by using the Invoice Processing Platform (IPP) System

(instructions available). All invoices and reimbursement claims must be submitted after the work has been completed, at the acceptance of the deliverables.

MODIFICATIONS

The contract may be modified upon mutual consent of the Contractor and the USGS to add more funds, add more samples, modify the Statement of Work, and/or extend the Period of Performance.

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ID/IQ and TASK TITLE: PCMSC Lab Services

TASK ORDER_01 Summary

Item (see details below) Maximum Quantity for

Task Order_01

M1. Prep for GS/C 44

M2. Prep for Elements 45

M3. Prep for Isotopes 44

M4. Prep for Gamma 111

M5. Analysis of Grain Size 522

M6. Analysis of Carbon 255

TOTAL (MAX per PP) 1,021

Task Order Period of Performance (POP): 8/1/23-7/31/24 (1 year)

TASK ORDER_01 SCOPE OF WORK

This Scope of Work describes Standard Operating Procedures that are required to prepare (‘prep’) unmodified sediment (‘bulk’) for various analyses or to perform routine lab analyses. Lab Services will be requested in batches of up to 50 samples. The PI will specify which prep and/or analyses are required for each batch of samples.

Requirements:

• All samples will be handled in such a way as to prevent contamination of samples during handling and cross-contamination between samples. Clean plastic, stainless steel, aluminum, ceramic, glass, and Teflon sampling tools and containers are acceptable, as is laboratory weighing paper.

• When drying is required, sediment may be oven-dried at 60°C in original containers or in clean ceramic drying dishes. Freeze-drying may be substituted for oven drying.

• All unused sample material and original containers will be returned to the PI.

Method Descriptions:

M1. Sample prep for Grain Size and Carbon (GS/C) analyses − Bulk sediment will be defrosted and homogenized (stirred). Approximately 20 g of wet bulk sediment will be put into a labeled 2 oz whirl-top plastic bag or similar. The weight does not need to be recorded. Subsamples should be stored frozen.

If only Carbon sample prep is requested, then approximately 1 gram of wet, homogenized bulk sediment will be put into a labeled 2 oz whirl-top plastic bag or similar. The weight does not need to be recorded. Subsamples should be stored frozen.

Deliverables: subsamples for GS and/or C, copy of lab notes, bulk material and original containers.

M2. Sample prep for Elemental analysis (fine-fraction separation)− Bulk sediment will be dried at 60 degrees C and disaggregated with a clean mortar and pestle. Disaggregated sediment will be dry-sieved with a

63 µm-diameter stainless steel sieve. At least 2.0 grams of fine sediment (or other amount specified by the PI) will be packaged in a labeled 2 oz whirl-top plastic bag or plastic vial. Record the sample weight in the Lab

Notes. Store subsamples at room temperature.

Deliverables: subsamples for Elements, copy of lab notes, bulk material and original containers.

M3. Sample prep for Stable Isotope analysis− Bulk sediment will be dried at 60 degrees C and disaggregated with a clean mortar and pestle. Exclude shells and organic detritus, if present, by passing the disaggregated material through a 500 µm-diameter stainless steel sieve. Approximately 0.5 gram of dry bulk sediment will be put into a labeled 2 oz whirl-top plastic bag or similar. The weight does not need to be recorded. Store subsamples at room temperature.

Deliverables: subsamples for Isotopes, copy of lab notes, bulk material and original containers.

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M4. Sample prep for Gamma counting− (If a preliminary Water Content analysis is required, the PI will specify such. Water Content analysis is a routine lab procedure and SOPs are widely available). Bulk sediment will be dried at 60 degrees C and disaggregated with a clean mortar and pestle. If present, large particles such as rocks, shells, and organic debris will be excluded by passing the material through a 500µm-diameter stainless steel sieve. 10 milliliters (ml) of sediment will be densely packed into tared specialized Gamma vials (provided by the PI) by tapping the base of the vial firmly against the countertop until the vial is filled to the 10 ml mark.

The tared weight of the sediment will be determined on an analytical balance with at least 0.000 gram, or three decimal, resolution. The cap of the filled gamma vial will be sealed with parafilm. The sediment weight and seal date will be written in the Lab Notes and with permanent marker on the gamma vial. Store vials at room temperature.

Deliverables: subsamples for Gamma, copy of lab notes, bulk material and original containers.

M5. Analysis of sediment Grain Size distribution− Sediment grain size analysis (GSA) is a routine lab procedure. To ensure compatibility with USGS data, quantification with a laser particle diffraction counter is required (e.g., Beckman Coulter Life Sciences). GSA will be determined on organic- and salt-free sediment.

Removal of organic matter and salt from sediment are routine lab procedures and SOPs are widely available.

Bulk organic- and salt-free sediment will be wet-sieved through 2 mm-diameter and 0.063 mm-diameter sieves over a 1-liter container to catch material passing through the sieves. Material retained on the sieves (> 2 mm, >0.063 mm) will be oven-dried and weighed separately to determine percentages of gravel and sand. A 20 ml split of deionized, disaggregated (e.g., Calgon-treated) <0.063 mm material will be oven-dried and weighted to determine percent fines. The >2mm material will be size-fractioned by dry sieving into quarter-phi intervals, which will be weighed and recorded individually. GSA of particles retained on the 0.063 mm sieve and passing through the sieve (<0.063 mm) will be quantified separately using a laser particle diffraction counter. QA/QC:

A duplicate of a sample will be analyzed with every 20 GSA samples.

Deliverables: Table of Grain Size data in electronic format, copy of lab notes

Data reporting: 1) Weights of the >2 mm (gravel), >0.063 mm (sand), and <0.063 mm (fine) fractions determined by wet-sieving will be compiled into a table; and 2) Weights of all individual quarter-phi size fractions determined by dry-sieving (> 2 mm) and laser particle diffraction (>0.063 mm, <0.063 mm runs) will be compiled into a table ordered by decreasing phi (increasing size).

M6. Analysis of sediment Carbon content− Carbon analysis consisting of total carbon (TC), total inorganic carbon (TIC) and total organic carbon (TOC) determination is a routine lab procedure. To ensure compatibility with USGS data, quantification of TC and TIC by coulometric titration is required (e.g., UIC, Inc.). TOC will be calculated as the difference between TC and TIC. QA/QC: All samples will be run in duplicate.

Deliverables: Table of Carbon data in electronic format, copy of lab notes

Data reporting: an electronic table of sample and duplicate values of TC, TIC, and TOC, will be reported.

REQUIRED SKILLS AND KNOWLEDGE

The contractor is required to have worked for six months full-time (or the part-time equivalent) in a physical or life science laboratory with Satisfactory or higher performance.

In addition, the contractor must be proficient in:

• handling environmental samples without contamination

• use of a laboratory drying oven or freeze dryer

• the use and care of laboratory sieves

• water content analysis of sediment

• use and care of an analytical balance

• safe handling of hazardous materials (e.g., concentrated acids and bases)

• general lab safety protocols

• laboratory record-keeping

PERFORMANCE MEASURES

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Lab services are deemed acceptable when they adhere to requirements in the Scope of Work, are performed accurately, and completed samples are delivered in accordance with deadlines.

For Grain Size Analyses and Carbon Analyses, data are acceptable when duplicate (quality assurance) sample results are within 15% of each other unless special circumstances are documented, such as samples that are extremely heterogeneous or samples with a challenging matrix (such as shell hash).

DELIVERABLES

• Labeled splits of each sample for each specified analysis.

• Copies of any log sheets and lab notes for the samples prepped or analyzed.

• Electronic data tables of GS and/or Carbon results, when applicable, in Microsoft Excel, Microsoft Word, Google Sheets, Google Docs, or other delimited text format.

• Returned of unused material and original containers.

TIMELINESS

The PI will provide at least 2 weeks advance notice when lab services will be needed. Deliverables are due within 4 weeks of receipt of samples.

SHIPPING COSTS

Shipping costs will be paid by the USGS.

TRAVEL

No travel is required to perform Lab Services.

SECURITY CLASSIFICATION

The services requested under this contract are low-risk, non-sensitive.

EVALUATION AND SELECTION CRITERIA

Bids/quotes will be evaluated primarily for technical merit, including the Skills and Knowledge. If the contractor is an individual, they should submit a Resume or Curriculum Vitae that describes relevant work and/or education experience, and the name and contact information of at least one relevant professional reference. If the contractor represents a laboratory, it will provide documentation of satisfactory performance of GS and Carbon analysis using the SOPs and QA/QC criteria described in the Scope of Work (e.g., accreditation, in-house Method descriptions, published or unpublished reports utilizing the lab’s data, outside letters of support). Total cost is another evaluation criterion.

PAYMENT FOR SERVICES

The Contractor will bill (invoice) the USGS for services by using the Invoice Processing Platform (IPP) System

(instructions available). All invoices and reimbursement claims must be submitted after the work has been completed, at the acceptance of the deliverables.

MODIFICATIONS

The contract may be modified upon mutual consent of the Contractor and the USGS to add more funds, add more samples, modify the Statement of Work, and/or extend the Period of Performance.

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COMMERCIAL CLAUSES

52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998)

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

http://www.acquisition.gov/far/

Provision Title Date

52.204-07 System for Award Management Oct 2018

52.212-1 Instructions to Offerors – Commercial Items Mar 2023

52.216-27 Single or Multiple Awards Oct 1995

52.252-02 Clauses Incorporated by Reference (February 1998)

This contract incorporates one or more clauses 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. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/

Clause Title Date

52.204-13 System for Award Management Maintenance Oct 2018

52.212-4 Contract Terms and Conditions – Commercial Items Dec 2022

52.232-40 Providing Accelerated Payments to Small Business Subcontractors Mar 2023

52.212-2 Evaluation – Commercial Items (November 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:

Best Value to the government using the following Trade-Off factors:

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

- List of work experience, skills and expertise

- Past Performance

- Price

In evaluating capability, we will review your work plan and consider such things as availability of equipment and personnel, availability to work and to meet the overall project timeline, contingency planning, etc.

Recent and relevant experience will be evaluated with preference given to work with federal agencies. See

Contractor Qualifications and Contractor Experience Required sections in the Statement of Work. Past performance is the measure of how well you have performed similar work before. Submit at least two references with contact information.

It is the prospective contractor’s responsibility to submit sufficient 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 select for award the prospective contractor whose quotation conforming to this solicitation will be most advantageous to the USGS.

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52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services (Dec

2022)

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

(a) Definitions. As used in this provision—

"Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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

Forced or indentured child labor means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

Reasonable inquiry has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain

Telecommunications and Video Surveillance Services or Equipment.

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

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

Sudan;

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

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

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

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

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

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

Sensitive technology—

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

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

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

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

Powers Act (50 U.S.C. 1702(b)(3)).

Service-disabled veteran-owned small business concern—

(1) Means a small business concern—

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

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

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

Small business concern—

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

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

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

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

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation

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

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

140G0323Q0160 Page 14 of 35

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

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

Women-owned 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.

(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.]

(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 it □ is, □ is not a small business concern.

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

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

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

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

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

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

(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB

Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: __________.] Each

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

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

(i) It □ is, □ is not an EDWOSB concern, has provided all the required documents to the WOSB

Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

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

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

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

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

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

(i) It □ is, □ is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and

(ii) It □ is, □ is not a HUBZone joint venture that complies with the requirements of 13 CFR Part

126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Representations required to implement provisions of Executive Order11246- (1) Previous contracts and compliance. The offeror represents that-

(i) It □ has, □ has not participated in a previous contract or subcontract subject to the Equal

Opportunity clause of this solicitation; and

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

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

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

60-1 and 60-2), or

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

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

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

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

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

(ii) The Offeror shall list as foreign end products those end products manufactured in the United

States that do not qualify as domestic end products.

(iii) The terms "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Supplies."

(2) Foreign End Products:

Line Item No. Country of Origin

[List as necessary]

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

(g) (1) Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Applies only if the clause at FAR

52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act, is included in this solicitation.)

(i) (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 product.

(B) The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,"

"domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade

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

(ii) The Offeror certifies that the following supplies are Free Trade Agreement country end products

(other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act."

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

(iii) The Offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American-Free Trade

Agreements-Israeli Trade Act." The Offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products.

Other Foreign End Products:

140G0323Q0160 Page 17 of 35

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

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

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

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

Canadian End Products:

Line Item No.

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

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

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

Act":

Canadian or Israeli End Products:

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

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

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

(other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act":

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

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

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

"Trade Agreements."

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

Other End Products:

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

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

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

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

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

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

Federal taxes in an amount that exceeds the threshold at 9.104-5(a)(2) for which the liability remains unsatisfied.

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

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

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

(ii) Examples. (A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

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

Office of Appeals contesting the lien filing, and to further…