Combined Synopsis Solicitation Occupational Health Exams QA005.pdf

Combined Synopsis/Solicitation Nevada Army National Guard Occupational Health Exams

Reference RFQ# W9124X-24-Q-A005

Requesting Agency: Nevada Army National Guard (NVARNG) Purchasing Agency: NVARNG USPFO Purchasing and Contracting Office

2452 FAIRVIEW DR

CARSON CITY, NV 89701

This is a combined synopsis/solicitation for commercial products or commercial services prepared in accordance with the format in subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation;

proposals are being requested and a written solicitation will not be issued.

This solicitation, W9124X24QA005, is issued as a request for quotation (RFQ) in accordance with FAR Part 12 and 13. All responsible source(s) solicited may submit a quote that shall be considered. Interested parties may identify their interest and capability to respond to the requirement or submit a quote. This combined synopsis/solicitation incorporates the provisions and clauses that are in effect in the Federal Acquisition Regulation and applicable supplements on the date this solicitation was issued. In order to be considered for award, vendor must adhere to all quotation requirements detailed herein.

Submit written quotes in accordance with all aspects of this Request for Quote (RFQ) and use the attached Vendor Price Worksheet to document your prices. Prospective offerors must include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services, with their quotes.

This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2024-05 effective 05/22/2024, and Defense Federal Acquisition Regulation Supplement (DFARS) Change 07/29/2024.

This is a 100% Small Business Set-Aside.

The North American Industry Classification System (NAICS) code for this requirement is 621999: All Other Miscellaneous Ambulatory Health Care Services.

The Small Business Association (SBA) Size standards in millions of dollars is $20.5.

The Product Service Code (PSC) designation is Q403 – Medical - Evaluation and Screening Services.

Evaluation of the quote will be based on PRICE ONLY with conforming services; award will be made to the vendor whose response represents the Best Value to the government.

**NOTE** Please see the FAR clause 52.212-2 - Evaluation - Commercial Products and Commercial Services for full evaluation information and included addendum.

This acquisition has a Defense Priorities and Allocations System (DPAS) rating of: None.

Questions and requests for clarification in response to this solicitation shall be submitted via email to Andrew Simbeck at andrew.simbeck.civ@army.mil no later than the date and time below:

QUESTIONS/CLARIFICATIONS SUBMISSION DATE: Thursday, August 15, 2024

QUESTIONS/CLARIFICATIONS SUBMISSION TIME: 11:30 PM PDT

Responses will be consolidated and posted as an amendment to this combined synopsis/solicitation.

Quotations in response to this solicitation shall be submitted via email to Andrew Simbeck at andrew.simbeck.civ@army.mil no later than the date and time below:

SOLICITATION CLOSING DATE: Thursday, August 22, 2024

SOLICITATION CLOSING TIME: 11:30 PM PDT

Quotations received after solicitation close and/or incomplete quotations that do not contain all the stated solicitation submittal requirements will not be considered for award. Interested offeror quotations shall be valid for at least 15 days after the solicitation close date.

Description:

Line Item 0001: FY24 Occupational Health Exams.

Option Line Item 1001: Option Year 1.

Option Line Item 2001: Option Year 2.

Option Line Item 3001: Option Year 3.

See attached PWS for a description of Occupational Health Exams.

The NVARNG requires “Non-Personal Services” as defined in FAR 37.101 for an Occupational Medical Surveillance Examination Program (OMSEP). In accordance with FAR Part 37.4 the Government may enter into a non-personal health care services contract with physicians, dentists, and other health care providers under authority of 10 U.S.C. 2304 and 41 U.S.C. 253.

The purpose of the OMSEP is to provide job-related Occupational Health Examinations and Medical Surveillance Services to approximately 180 NVARNG Federal Technician full-time support (FTS) and/or temporary personnel who are exposed to OSHA level PEL health hazards in the work environment. The examination shall include personnel assigned to positions requiring specific standards of physical fitness. Personnel not included under these examinations are State Employees, civilian contractors, Active Guard Reserve, Active Duty for Operational Support (ADOS) and part-time traditional Soldiers.

mailto:andrew.simbeck.civ@army.mil mailto:andrew.simbeck.civ@army.mil

The following prices must be included and submitted with the offer:

Grand Total for all tests and all years (Base year plus three option years): $_______________

Base Year: 1 September 2024 - 31 August 2025 Item Description Quantity Unit Cost Total Cost Exam Type: Occ Health Full Physical Exam (H&P) 135 Exam Type: Occupational Health Audiogram 135 Exam Type: Vision 135 Exam Type: Motor Vehicle Operator Medical Cert Exam 4 Exam type: Electrocardiogram (EKG) 0 Laboratory Test: Spirometry 34 Respirator Fit Testing 30 Laboratory Test: Full Occupational Health Profile including: Lipid panel, Bili (direct), GGT, LD, ALT, glucose, BUN, creat, GFR, BUN/creat ratio, Na, K, Cl, Ca, total protein, albumin, globulin, albumin/globulin ratio, bili (total), Alk Phos, AST, (CBC with diff & plt), UA 5

Laboratory Test: Lead, industrial whole blood 4 Laboratory Test: ZPP, Blood Protoporphyrins, zinc 4

Total Option Year : 1 September 2025 - 31 August 2026 Item Description Quantity Unit Cost Total Cost Exam Type: Occ Health Full Physical Exam (H&P) 135 Exam Type: Occupational Health Audiogram 135 Exam Type: Vision 135 Exam Type: Motor Vehicle Operator Medical Cert Exam 4 Exam type: Electrocardiogram (EKG) 0 Laboratory Test: Spirometry 34 Respirator Fit Testing 30 Laboratory Test: Full Occupational Health Profile including: Lipid panel, Bili (direct), GGT, LD, ALT, glucose, BUN, creat, GFR, BUN/creat ratio, Na, K, Cl, Ca, total protein, albumin, globulin, albumin/globulin ratio, bili (total), Alk Phos, AST, (CBC with diff & plt), UA 5

Laboratory Test: Lead, industrial whole blood 4 Laboratory Test: ZPP, Blood Protoporphyrins, zinc 4

Total Option Year 2: 1 September 2026 - 31 August 2027 Item Description Quantity Unit Cost Total Cost Exam Type: Occ Health Full Physical Exam (H&P) 135 Exam Type: Occupational Health Audiogram 135 Exam Type: Vision 135 Exam Type: Motor Vehicle Operator Medical Cert Exam 4 Exam type: Electrocardiogram (EKG) 0 Laboratory Test: Spirometry 34 Respirator Fit Testing 30 Laboratory Test: Full Occupational Health Profile including: Lipid panel, Bili (direct), GGT, LD, ALT, glucose, BUN, creat, GFR, BUN/creat ratio, Na, K, Cl, Ca, total protein, albumin, globulin, albumin/globulin ratio, bili (total), Alk Phos, AST, (CBC with diff & plt), UA 5

Laboratory Test: Lead, industrial whole blood 4 Laboratory Test: ZPP, Blood Protoporphyrins, zinc 4

Total Option Year 3: 1 September 2027 - 31 August 2028 Item Description Quantity Unit Cost Total Cost Exam Type: Occ Health Full Physical Exam (H&P) 135 Exam Type: Occupational Health Audiogram 135 Exam Type: Vision 135 Exam Type: Motor Vehicle Operator Medical Cert Exam 4 Exam type: Electrocardiogram (EKG) 0 Laboratory Test: Spirometry 34 Respirator Fit Testing 30 Laboratory Test: Full Occupational Health Profile including: Lipid panel, Bili (direct), GGT, LD, ALT, glucose, BUN, creat, GFR, BUN/creat ratio, Na, K, Cl, Ca, total protein, albumin, globulin, albumin/globulin ratio, bili (total), Alk Phos, AST, (CBC with diff & plt), UA 5

Laboratory Test: Lead, industrial whole blood 4 Laboratory Test: ZPP, Blood Protoporphyrins, zinc 4

Total

Note: Evaluated quantities are based on anticipated total numbers during the 12 month period of performance.

The contractor is required to maintain or provide facilities to conduct Physical Health Exams within a 50 mile radius of Reno and Las Vegas.

Proposed Facility Addresses listed.

PROVISIONS & CLAUSES

The following provisions and clauses apply to this combined synopsis/solicitation and are included by either reference or full text as provided below and can be accessed at https://www.acquisition.gov

As prescribed in FAR 12.301(b)(1), FAR 12.302(d), and FAR 12.603(c)(2)(viii) the provisions at 52.212-1, Instructions to Offerors-Commercial Products and Commercial Services, 52.212-2, Evaluation- Commercial Products and Commercial Services, and clauses 52.212-4, Contract Terms and Conditions- Commercial Products and Commercial Services, and 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services apply to this acquisition.

ADDENDUM TO 52.212-1 INSTRUCTIONS TO OFFERORS-COMMERCIAL ITEMS (Sep 2023) As prescribed in FAR 12.302(d) the following addendum is provided for solicitation provision FAR 52.212- 1 and hereby amends any language therein:

Quotation Preparation Instructions:

A. To assure the timely and equitable evaluation of quotations, vendors must follow the instructions contained herein. Vendors are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors and sub-factors, if applicable. Quotations submitted in response to this Combined Synopsis/Solicitation must address the following evaluation factors, which include a price quote and technical qualifications, as follows and defined in paragraph C - Quote Specifics.

B. SAM (System for Award Management): in order to be considered for a contract award, the company must be registered and active in the SAM database at the time of submission of offer at: www.sam.gov.

By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

c. Quote Specifics. Quotes must:

1. Be written on official company letterhead that lists the company’s name, address, phone number, Unique Entity ID (UEI), Cage code, and point of contact;

2. List company office locations within a 50 mile radius of Reno, NV and Las Vegas, NV.

3. Itemize prices in accordance with the attached Vendor Price Worksheet and list any other applicable fees.

4. Company preformatted quotes are acceptable.

ADDENDUM TO 52.212-2 Evaluation-Commercial Products and Commercial Services Nov 2021 Award will be made without holding discussions; however, the Government reserves the right to hold discussions if required.

The Government will award a contract resulting from this solicitation to the responsible offeror whose quotation conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate quotation:

1. Price (Base Year and all three Option Years)

2. Technical based on the ability to provide all services listed on the attached Performance Work Statement (PWS)

3. Past Performance

All offers will be reviewed for timeliness. If the offer is received after the closing date, the offer may not be considered.

https://www.acquisition.gov/ http://www.sam.gov/

Timely offers will be reviewed for compliance to the solicitation. If the offer does not comply with the statement of requirements, the offer will be considered as non-responsive and not evaluated further.

Award will be made to the lowest priced offeror that meets the instructions to offerors with a fair and reasonable price.

A written notice of award or acceptance of a quotation, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the quotation, shall result in a binding contract without further action by either party. Before the quotation’s specified expiration time, the Government may accept a quotation (or part of an offer), whether there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

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 address: https://www.acquisition.gov (End of Provision)

52.252-2 Clauses Incorporated by Reference. Feb 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 address: https://www.acquisition.gov (End of Clause)

52.252-5 Authorized Deviations in Provisions Nov 2020

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

(b) The use in this solicitation of any Defense Federal Acquisition Regulation Supplement (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

52.252-6 Authorized Deviations in Clauses Nov 2020

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

(b) The use in this solicitation or contract of any Defense Federal Acquisition Regulation Supplement (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

(End of clause)

PROVISIONS AND CLAUSES INCORPORATED BY REFERENCE

Federal Acquisition Regulation (FAR):

52.201-1 Acquisition 360: Voluntary Survey Sep 2023 52.204-7 System for Award Management Oct 2018 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards Jun 2020 52.204-13 System for Award Management Maintenance Oct 2018 52.204-16 Commercial and Government Entity Code Reporting Aug 2020 52.204-17 Ownership or Control of Offeror Aug 2020 52.204-18 Commercial and Government Entity Code Maintenance Aug 2020

52.204-19 Incorporation by Reference of Representations and Certifications Dec 2014 52.204-20 Predecessor of Offeror Aug 2020 52.204-21 Basic Safeguarding of Covered Contractor Information Systems Nov 2021 52.204-22 Alternative Line Item Proposal Jan 2017 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment Nov 2021 52.204-26 Covered Telecommunications Equipment or Services-Representation Oct 2020 52.204-29 Federal Acquisition Supply Chain Security Act Orders-Representation and Disclosures Dec 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations-Representation Nov 2015 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment Nov 2021 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations Nov 2015 52.212-1 Instructions to Offerors-Commercial Products and Commercial Services Sep 2023 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services Nov 2023 52.219-6 Notice Of Total Small Business Set-Aside Nov 2020 52.223-5 Pollution Prevention and Right-to-Know Information May 2024 52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-Representation Dec 52.224-1 Privacy Act Notification Apr 1984 52.224-2 Privacy Act Apr 1984 52.224-3 Privacy Training Jan 2017 52.225-13 Restrictions on Certain Foreign Purchases Feb 2021 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving May 2024 52.229-11 Tax on Certain Foreign Procurements-Notice and Representation Jun 2020 52.232-33 Payment by Electronic Funds Transfer--System for Award Management Oct 2018 52.232-39 Unenforceability of Unauthorized Obligations Jun 2013 52.232-40 Providing Accelerated Payments to Small Business Subcontractors Mar 2023 52.233-1 Disputes May 2014 52.233-3 Protest After Award Aug 1996 52.233-4 Applicable Law for Breach of Contract Claim Oct 2004 52.245-1 Government Property Sep 2021

Department of Defense Federal Acquisition Regulations (DFAR):

252.201-7000 Contracting Officer's Representative Dec 1991 252.203-7000 Requirements Relating to Compensation of Former DoD Officials Sep 2011 252.203-7002 Requirement to Inform Employees of Whistleblower Rights Dec 2022 252.203-7003 Agency Office of the Inspector General Aug 2019 252.203-7005 Representation Relating to Compensation of Former DoD Officials Sep 2022 252.204-7003 Control Of Government Personnel Work Product Apr 1992 252.204-7004 Antiterrorism Awareness Training for Contractors Jan 2023 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls Oct 2016 252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information Jan 2023 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting Jan 2023 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support Jan 2023 252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services-Representation May 2021 252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services Jan 2023 252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements Nov 2023 252.204-7020 NIST SP 800-171 DoD Assessment Requirements Nov 2023 252.204-7021 Contractor Compliance with the Cybersecurity Maturity Model Certification Level Requirement Jan 2023 252.204-7024 Notice on the Use of the Supplier Performance Risk System Mar 2023 252.222-7002 Compliance with Local Labor Laws (Overseas) Jun 1997

252.225-7055 Representation Regarding Business Operations with the Maduro Regime May 2022 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime Jan 2023 252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region– Representation Jun 2023 252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region Jun 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports Dec 2018 252.232-7010 Levies on Contract Payments Dec 2006 252.233-7001 Choice of Law (Overseas) Jun 1997 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel Jan 2023 252.244-7000 Subcontracts for Commercial Products or Commercial Services Jan 2023 252.245-7003 Contractor Property Management System Administration Apr 2012 252.245-7005 Management and Reporting of Government Property Jan 2024 252.247-7023 Transportation of Supplies by Sea Jan 2023

PROVISIONS AND CLAUSES INCORPORATED BY FULL TEXT

Federal Acquisition Regulation (FAR):

52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that-

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that-

(1) It is [_] is not [_] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is [_] is not [_] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

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— 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

(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—

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

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

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

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3)of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

Service-disabled veteran-owned small business (SDVOSB) concern means a small business concern— (1)

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

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

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

(3) Service-disabled veteran, as used in this definition, means a veteran as defined in 38 U.S.C.

101 (2), with a disability that is service connected, as defined in 38 U.S.C. 101(16), and who is registered in the Beneficiary Identification and Records Locator Subsystem, or successor system that is maintained by the Department of Veterans Affairs’ Veterans Benefits Administration, as a service-disabled veteran.

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

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

(2) Has represented that it is an SDVOSB concern in SAM and submitted a complete application for certification to SBA on or before December 31,2023. Service-disabled veteran-owned small business (SDVOSB) Program means a program that authorizes contracting officers to limit competition, including award on a sole-source basis, to SDVOSB concerns eligible under the SDVOSB Program.

Small business concern—

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

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

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

Small disadvantaged business concern, consistent 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

(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 least 51 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 last12 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—

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

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

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

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

(4) SDVOSB concern joint venture eligible under the SDVOSB Program. The offeror represents that it

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

(5) 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 CFR 124.1001.

(6) 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.

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

(8) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents that it □ is, □ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture:____________.] Note to paragraphs (c)(9) and (10): Complete paragraphs (c)(9) and (10) only if this solicitation is expected to exceed the simplified acquisition threshold.

(9) 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.

(10) 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:

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

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

(ii) It □ is, □ is not a HUBZone joint venture that complies with the requirements of 13 CFR 126.616(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ______.] Each HUBZone small business concern participating in the HUBZone joint venture shall provide representation of its HUBZone status.

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

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

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

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

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

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

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

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

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

(1)

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

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

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

(iv) The terms “commercially available off-the-shelf (COTS) item,” “critical component,” “domestic end product,” "end product," "foreign end product," and "United States" are defined in the clause of this Solicitation entitled "Buy American-Supplies."

(2) Foreign End Products:

Line Item No. Country of Origin Exceeds 55% domestic content (yes/no) [List as necessary]

(3) Domestic end products containing a critical component:

Line Item No. ___ [List as necessary]

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

(g)

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

(i)

(A) The Offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or

(iii) of this provision, is a domestic end product and that each domestic end product listed in paragraph (g)(1)(iv) of this provision contains a critical component.

(B) The terms "Bahraini, Moroccan, Omani, Panamanian, or Peruvian end product," "commercially available off-the-shelf (COTS) item," "critical component," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act."

(ii) The Offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahraini, 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 Bahraini, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

Line Item No. Country of Origin [List as necessary ]

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

Other Foreign End Products:

Line Item No. Country of Origin Exceeds 55% domestic content (yes/no) [List as necessary]

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

Line Item No. ___ [List as necessary]

(v) 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 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 Israeli end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”: Israeli End Products:

Line Item No.

[List as necessary]

(3) 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 paragraphs (g)(1)(i)(B) and (g)(1)(ii) for paragraphs (g)(1)(i)(B) and (g)(1)(ii) of the basic provision:

(g)(1)(i)(B) The terms “Korean end product”, “commercially available off-the-shelf (COTS) item,” “critical Component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and“ United States” are defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act.”

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

Korean End Products or Israeli End Products:

Line Item No. Country of Origin [List as necessary]

(4) 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)(4)(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:

Line Item No. Country of Origin

[List as necessary]

(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…