RFQ 246-24-Q-0176 amend 1.pdf

Combined Synopsis/Solicitation RFQ # 246-24-Q-0176

This is a combined synopsis/solicitation for commercial products or commercial services prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested in response to this notice and a written solicitation will NOT be issued. This solicitation is being issued as a Request for Quote (RFQ) # 246-24-Q-0176. Submit only written quotes for this RFQ.

This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2024-05. This solicitation is FULL AND OPEN. The associated NAICS code is 561990.

This RFQ price schedule contains twenty (20) Line Item:

CLIN DESCRIPTION QTY UNIT UNIT

PRICE

TOTAL

0001 BASE YEAR - 09/01/2024 – 08/31/2025 – Shredding services every 4 weeks for Clinton IHS (26 consoles)

13 EA

0002 BASE YEAR - 09/01/2024 – 08/31/2025 – Shredding services every 4 weeks for El Reno IHS (9 consoles)

13 EA

0003 BASE YEAR - 09/01/2024 – 08/31/2025 – Shredding services every 4 weeks for Watonga IHS (4 consoles)

13 EA

0004 BASE YEAR - 09/01/2024 – 08/31/2025 – Annual Purge/Overages for all 3 sites when necessary

DO

0005 OPTION YEAR 1 - 09/01/2025 – 08/31/2026 – Shredding services every 4 weeks for Clinton IHS (26 consoles)

13 EA

0006 OPTION YEAR 1 - 09/01/2025 – 08/31/2026 – Shredding services every 4 weeks for El Reno IHS (9 consoles)

13 EA

0007 OPTION YEAR 1 - 09/01/2025 – 08/31/2026 – Shredding services every 4 weeks for Watonga IHS (4 consoles)

13 EA

0008 OPTION YEAR 1 - 09/01/2025 – 08/31/2026 – Annual Purge/Overages for all 3 sites when necessary

DO

0009 OPTION YEAR 2 - 09/01/2026 – 08/31/2027 – Shredding services every 4 weeks for Clinton IHS (26 consoles)

13 EA

0010 OPTION YEAR 2 - 09/01/2026 – 08/31/2027 – Shredding services every 4 weeks for El Reno IHS (9 consoles)

13 EA

0011 OPTION YEAR 2 - 09/01/2026 – 08/31/2027 – Shredding services every 4 weeks for Watonga IHS (4 consoles)

13 EA

0012 OPTION YEAR 2 - 09/01/2026 – 08/31/2027 – Annual Purge/Overages for all 3 sites when necessary

DO

0013 OPTION YEAR 3 - 09/01/2027 – 08/31/2028 – Shredding services every 4 weeks for Clinton IHS (26 consoles)

13 EA

0014 OPTION YEAR 3 - 09/01/2027 – 08/31/2028 – Shredding services every 4 weeks for El Reno IHS (9 consoles)

13 EA

0015 OPTION YEAR 3 - 09/01/2027 – 08/31/2028 – Shredding services every 4 weeks for Watonga IHS (4 consoles)

13 EA

0016 OPTION YEAR 3 - 09/01/2027 – 08/31/2028 – Annual Purge/Overages for all 3 sites when necessary

DO

0017 OPTION YEAR 4 - 09/01/2028 – 08/31/2029 – Shredding services every 4 weeks for Clinton IHS (26 consoles)

13 EA

0018 OPTION YEAR 4 - 09/01/2028 – 08/31/2029 – Shredding services every 4 weeks for El Reno IHS (9 consoles)

13 EA

0019 OPTION YEAR 4 - 09/01/2028 – 08/31/2029 – Shredding services every 4 weeks for Watonga IHS (4 consoles)

13 EA

0020 OPTION YEAR 4 - 09/01/2028 – 08/31/2029 – Annual Purge/Overages for all 3 sites when necessary

DO

TOTAL FOR BASE PLUS OPTIONS

PERIOD OF PERFORMANCE: BASE YEAR – 07/29/2024 – 07/28/2025

OPTION YEAR 1 – 07/29/2025 – 07/28/2026

OPTION YEAR 2 – 07/29/2026 – 07/28/2027

OPTION YEAR 3 – 07/29/2027 – 07/28/2028

OPTION YEAR 4 – 07/29/2028 – 07/28/2029

Vendor Requirements: SEE ATTACHED STATEMENT OF WORK

Submit Quotes no later than: 08/13/2024 2:00 p.m. CST to the Following Point of Contact (only):

Krishna Harriman, Contract Specialist, via Email: krishna.harriman@ihs.gov.

Evaluation: FAR 52.212-2 Evaluation – Commercial Products and Commercial Services (NOV 2021):

(a) The Government will award a firm fixed price Purchase Order 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 (see criteria below) In determining best value, the Government will use Trade-offs where Price and other evaluation factors will be considered: Technical Capability, Certifications and Pricing. The Evaluation Factors and significant sub factors when combined are significantly more important than cost or price.

Location:

o Vendors shall have the ability to provide shredding services every four (4) weeks at each of the following locations:

Clinton Indian Health Center 10321 N 2274 Rd, Clinton, OK 73601 El Reno Indian Health Center 1801 Parkview Dr, El Reno, OK 73036 Watonga Indian Health Center 1305 S Clarence Nash Blvd, Watonga, OK 73772

Shredding Process:

o Vendor shall have the ability to provide cross-cut secure shredding services every four (4) weeks including lockable consoles with approximate measurements of 36”H x 20”W x 15”D.

Certifications:

o Vendor shall be NAID AAA certified.

o A certificate of destruction will be required for verification of the shredding services.

Pricing:

o Complete price schedule above. Pricing will be evaluated by adding the base year and out years together for a comprehensive price. Evaluation of options shall not obligate the government to exercise the option(s).

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

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

(End of provision)

VENDORS SHALL SUBMIT THE FOLLOWING:

*COMPLETED PRICE SCHEDULE (INCLUDING OPTION YEARS)

*VENDOR SHREDDING PROCESS

*ABILITY TO PROVIDE SERVICES EVERY 4 WEEKS (13 TOTAL SERVICES PER YEAR/ PER

SITE)

*COPY OF VENDORS NAID AAA CERTIFICATION

*CONFIRMATION OF HIPAA COMPLIANCE

VENDORS SUBMITTING OR EQUAL ITEMS MUST SUBMIT DESCRIPTITVE LITERATURE SHOWING

HOW THEIR PRODUCT MEETS OR EXCEEDS THE REQUIREMENTS BEING SOLICITED

PROVISIONS: FAR 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): https://www.acquisition.gov/browse/index/far

FAR 52.212-1, Instructions to Offerors-Commercial Products and Commercial Services (Sep 2023);

FAR 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services (May 2024);

FAR 52.217-5, Evaluation of Options (JULY 1990);

FAR 52.222-22, Previous Contract and Compliance Reports (Feb 1999);

FAR 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for

Certain Services-Certification (May 2014);

FAR 52.252-5, Authorized Deviations in Provisions (Nov 2020);

HHSAR 352.239-72, Information System Security Plan and Accreditation (Feb 2024);

HHSAR 352.239-78, Information and Communication Technology Accessibility Notice (Feb 2024)

(DEVIATION);

(the offeror should include a completed copy of these provisions with their quote).

CLAUSES: FAR 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/these address(es): https://www.acquisition.gov/browse/index/far

FAR 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023);

FAR 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020);

FAR 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023);

FAR 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021);

FAR 52.212-4, Contract Terms and Conditions-Commercial Products and Commercial Services (Nov 2023);

FAR 52.212-5, Contract Terms and Conditions Required to Implement Statues or Executive Orders-

Commercial Products and Commercial Services (May 2024);

FAR 52.217-8, Option to Extend Services (Nov 1999);

FAR 52.217-9, Option to Extend the Term of the Contract (Mar 2000);

FAR 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022);

FAR 52.219-28, Post Award Small Business Program Rerepresentation (Feb 2024);

FAR 52.222-3, Convict Labor (JUN 2003);

FAR 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Feb 2024);

FAR 52.222-21, Prohibition of Segregated Facilities (Apr 2015);

FAR 52.222-26, Equal Opportunity (Sep 2016);

FAR 52.222-35, Equal Opportunity for Veterans (Jun 2020);

FAR 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020);

FAR 52.222-50, Combating Trafficking in Persons (Nov 2021);

FAR 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for

Certain Services-Requirements (May 2014);

FAR 52.224-1, Privacy Act Notification (Apr 1984);

FAR 52.224-2, Privacy Act (Apr 1984);

FAR 52.224-3, Privacy Training (Jan 2017);

FAR 52.225-13, Restrictions of Certain Foreign Purchases (Feb 2021);

FAR 52.226-8, Encouraging Contractor Policies to Ban text Messaging While Driving (MAY 2024);

FAR 52.232-33, Payment by Electronic Funds Transfer- System for Award Management (Oct 2018);

FAR 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013);

FAR 52.252-6, Authorized Deviations in Clauses (Nov 2020);

HHSAR CLAUSES:

HHSAR 352.204-71, Information and Information Systems Security (DEVIATION) (Feb 2024);

HHSAR 352.204-72, Records Management (DEVIATION) (Feb 2024);

HHSAR 352.204-73, Contractor Personnel Security and Agency Access (DEVIATION) (Feb 2024);

HHSAR 352.222-70, Contractor Cooperation in Equal Employment Opportunity Investigations (Dec 2015);

HHSAR 352.224-71, Confidential Information (Feb 2024);

HHSAR 352.226-1, Indian Preference (Dec 2015);

HHSAR 352.232-71, Electronic submission of payment requests (FEB 2022);

HHSAR 352.239-79, Information and Communication Technology Accessibility (Feb 2024) (DEVIATION);

Miscellaneous:

NO FAX QUOTATIONS

ELECTRONIC SUBMISSIONS – SUBMISSION VIA EMAIL IS THE ONLY ACCEPTABLE ELECTRONIC

SUBMISSION. (krishna.harriman@ihs.gov)

All contractors must be registered in the System for Award Management database located at https://www.sam.gov/sam/ prior to any contract award. Please submit the following information with each quote: Vendor Name, Cage Code, UEI number, Tax Identification Number, Prompt Payment Terms, Delivery Time, GSA Contract Number (if applicable), Date quote expires, warranty, total price for each line item, total quote price, and technical documentation in sufficient detail to determine technical acceptability. Failure to provide sufficient technical detail may result in rejection of your quote.

Department of Health and Human Services Indian Health Service

Clinton Indian Health Center

Statement of Work (SOW) Shredding Services

1. PURPOSE OF THE PROJECT

The Clinton Service Unit (CSU) – Clinton/El Reno/Watonga Indian Health Center (C/E/WIHC) Indian Health Services (IHS) has a need for ongoing scheduled secure data shredding services to destroy clinical and/or non-clinical data that may contain personally identifiable information and/or patient health information. As part of the Clinton Service Unit’s (CSU) efforts to ensure security and compliance with HIPAA and other related health information requirements, the CSU requires a dedicated shredding service to ensure all documents with patient health information is secure and disposed of properly. This will be completed by a contracted, bonded, and licensed shredding service to complete such requirement.

2. DETAILED DESCRIPTION OF THE TECHNICAL REQUIREMENTS

The contractor shall provide services to the Clinton Service Unit for the disposal patient health information and other sensitive documents including staples. Services will be provided on scheduled pickup time, every 4 weeks upon the start of the contract. Documentation of destruction will be provided upon completion.

The contractor shall provide:

26 – Lockable (36"x 20" x 15") executive laminate shred consoles for the Clinton Indian Health Center 9 – Lockable (36"x 20" x 15") executive laminate shred consoles for the El Reno Indian Health Center 4 – Lockable (36"x 20" x 15") executive laminate shred consoles for the Watonga Indian Health Center Overage or Purge shredding when requested and approved by the project officer

3. PERIOD OF PERFORMANCE

12 months (base year) and 4 additional option years.

Base year: September 1, 2024 – August 31, 2025

Option year 1: September 1, 2025 – August 31, 2026

Option year 2: September 1, 2026 – August 31, 2027

Option year 3: September 1, 2027 – August 31, 2028

Option year 4: September 1, 2028 – August 31, 2029

4. LEVEL OF EFFORT

4.1. The contractor shall destroy and dispose of the government records using the following methods:

4.1.1. Cross-cut shredding, burning, pulping, or pulverizing records so that PHI is rendered essentially unreadable, indecipherable, and otherwise cannot be reconstructed.

4.2. The contractor shall provide lockable consoles to prevent and identify tampering of any kind.

4.3. The contractor shall provide data shredding/disposal at intervals no less than:

kharriman Highlight

Indian Health Service

Clinton Indian Health Center

Clinton Indian Health Center – 13 services per year or once every 4 weeks El-Reno Indian Health Center – 13 services per year or once every 4 weeks Watonga Indian Health Center – 13 services per year or once every 4 weeks Document Overages/Purge – Any of the three locations for one-time charge.

5. SPECIAL REQUIREMENTS

5.1. The supervising official will determine if the contractor will be subject to PIV credentialing requirements for physical and logical access, in line with the below requirements.

5.1.1. Long-term contractors are defined as working in excess of four months (or 120 days, consecutively) for the purpose of background investigations. All long-term contractors must have, at minimum, a favorably adjudicated Tier 1 background investigation. Some positions may require a higher-tiered investigation, in accordance with the OMB M-05-24 Sections, 7.F “Applying guidance to temporary employees and contractors.”

5.1.2. Short-term contractors are defined as working for less than six months or 1040 hours in a one-year period of service for the purpose of HSPD-12, in accordance with 5 CFR Part 316. Short-term contractors are not issued a PIV card, except when required for routine facility or network access.

Short-term contractors are subject to an investigation conducted in accordance with the risk/sensitivity of the position.

5.1.3. Temporary hires and volunteers are defined as working for 120 days or less. The supervising official will determine whether a temporary hire working 121 days or more will be subject to PIV credentialing requirements based on the need for network and facility access. Temporary hires are subject to all personnel security requirements.

5.1.4. If onsite service employee does not require 5.1.1 through 5.1.3, then a visitors pass must be requested upon arrival with either the front desk or facilities and worn at all times while on the premises.

5.2. The US PHS Clinton Indian Health Center is a tobacco/smoke free environment (buildings and grounds).

No tobacco/smoking use will be tolerated during service.

5.3. Security Requirements: Contractor personnel will be required to contact the government designated point of contact upon arrival when reporting for service calls or delivery supplies. The contractor shall be responsible for the security of all organizational information. Current rules and regulations applicable to the premises, where the work shall be performed shall apply to the contractor and its employees while working on the premises. These regulations include but are not limited to, escort by Clinton Indian Health Center official, presenting valid identification, smoking restriction and any safety procedures.

5.4. The contractor shall not disclose or cause to disseminate any information concerning operations of Clinton Indian Health Center. Such action(s) could result in violation of the contract and possible legal actions.

5.4.1. All inquiries, comments, or complaints arising from any matter observed, experienced or learned of as a result of or in connection with the performance of the contract, the resolution of which may require the dissemination of official information, shall be directed to the government’s designated representative.

Clinton Indian Health Center

6. DELIVERABLES AND REPORTING REQUIREMENTS

6.1. Delivery: The contractor will coordinate the scheduled pickup dates with the designated government employee. The government will provide the contractor with dock access and building access for this sole purpose. The designated government employee will work with the pertinent government agency(ies) to secure the needed dock access. No deliveries can be made after 4:15pm. Driver needs a valid ID.

6.1.1. Location information as the following:

6.1.1.1. Clinton Indian Health Center: 10321 N. 2274 Rd, Clinton, OK 73601 – Dock Access

6.1.1.2. El Reno Indian Health Center: 1801 Parkview Dr, El Reno, OK 73036 – No dock, would require lift gate when necessary.

6.1.1.3. Watonga Indian Health Center: 1305 S. Clarence Nash Blvd, Watonga, OK 73772 – No dock, would require lift gate when necessary.

6.2. Contractor Point of Contact: The contractor shall furnish one designated point of contact (POC) to the government’s designated representative for coordination of supplies, delivery, and/or maintenance. The POC will be empowered to make daily decisions to ensure that the contract implementation and day-to-day maintenance meets the terms and conditions of this contract.

6.3. Contractor’s Phone Numbers: The contractor shall provide a toll-free telephone number for service calls, which must be answered during at least eight working hours, between 8:00 am and 4:30 pm, Monday through Friday.

6.4. Personnel Qualifications:

Vendor shall be NAID AAA certified, and compliant for the following: HIPAA, Federal Privacy Act of 1974, and Archivist of the United States guidelines.

A Certificate of Destruction will be required for verification of the shredding service at the time services are being provided.

7. GOVERNMENT FURNISHED PROPERTY, FACILITIES AND SERVICES

7.1. The Government shall supply housing for shred consoles and access to shred consoles during services.

8. CONTRACTOR FURNISHED PROPERTY, FACILITIES AND SERVICES

8.1.Required personnel, materials, supplies and equipment: The contractor shall furnish all personnel, materials, supplies and equipment required to perform work under the contract.

9. CHANGES TO THE STATEMENT OF WORK (SOW)

Any changes to this SOW shall be authorized and approved only through written correspondence from the Contracting Officer. Costs incurred by the contractor through the actions of parties other than the Contracting Officer shall be borne by the contractor.

Clinton Indian Health Center

10. DELIVERABLES/PERFORMANCE MATRIX

Measureables to be evaluated at the conclusion of awarded contract:

Performance is acceptable YES NO N/A

Responsibilites of contractor have been fulfilled, including reports submitted on time.

YES NO N/A

Upheld Standards & Guidelines of accrediting organizations, national, state, and local regulating agencies, and CSU Policy and Procedures

YES NO N/A

Quality Control met and provided when required YES NO N/A

Quality Improvement information provided when required. YES NO N/A

Customer Service was provided to CSU Vision “Exceed the Need”.

YES NO N/A

Additional Measureables to be evaluated for awarded contract providing temporary employees (excluding medical staff).

License / BLS were maintained, current at all times and provided to CSU Human Resources prior to expiration

YES NO N/A

Evidence of staff competency provided when requested & required prior to expiration (Q3 years).

YES NO N/A

Staff competency conducted by contractor is acceptable and submitted prior to expiration (Q3 years).

YES NO N/A

Comments:

Department Supervisor Signature: ________________________

Administrative Officer Signature:_________________________

52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services. (FEB 2024)

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

(a) Definitions. As used in this provision— Covered telecommunications equipment or services has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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

Forced or indentured child labor means all work or service—

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

(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"—

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 least51 percent of the stock of which is owned by one or more women; and

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

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

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

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

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

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

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

(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 124.1002.

(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 (over $250K).

(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 35 percent of its employees during performance of a HUBZone contract (see 13 CFR 126.200(e)(1)); and

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

126.616(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ______________________________________________.] Each HUBZone small business concern participating in the HUBZone joint venture 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. ___

(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

(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)

(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.

(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:

(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:

(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 appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. 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.

(C) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159.