36C25023Q0749.docx

36C25023Q0749

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

UEI:

EFT:

PHONE:

FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

610-23-3-5078-0017

06-06-2023

JANEL TATE

734-222-6179 06-20-2023 09:00

EDT

Department of Veterans Affairs Network 10 Contracting Office 24 Frank Lloyd Wright Drive Lobby M, Suite M2200 Ann Arbor MI 48105

X

541930 $20 Million

N/A

Department of Veterans Affair Northern Indiana VA Healthcare System Marion VA Medical Center 1700 East 38TH Street Marion IN 46953-4589 Y Department of Veterans Affairs Network 10 Contracting Office 24 Frank Lloyd Wright Drive Lobby M, Suite M2200 Ann Arbor MI 48105 http://www.tungsten-network.com/customer campaigns/veterans-affairs-us/

See CONTINUATION Page Contractor shall provide in-person Sign Language Translation per the Performance Work Statement (PWS) located at the VA Northern Indiana Healthcare System (VA NIHCS) Campuses (Marion VAMC, Fort Wayne VAMC, St. Joseph County VA Clinic, Muncie VA Clinic, Peru VA Clinic, Hoosier VA Clinic, and additional facilities as needed).

See Price Schedule in Section B.

Questions are due to the contact in box 7a in writing no later than 11:00 A.M. EST June 13, 2023.

This procurement will be conducted as a comparative analysis utilizing FAR Parts 12 and 13. The resulting award will be firm fixed price contract.

See CONTINUATION Page 610-3630152-5078-840100-2580 0100431Y7

JANEL N. TATE-MONTGOMERY

CONTRACTING OFFICER

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

1. Contract Administration: All contract administration will be handled by the following individuals:

a. Contractor: _______________________ Address: _______________________

Contractor Point of Contact (POC) for Contract: __________________________

Alternate POC for Contract: ______________________ Title: ______________________ Phone: ______________________ Email: ______________________

SAM Unique ID ____________ TAX ID: _______________ Business Size: _______________

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [x] Monthly to: https://authentication.tungsten-network.com/login

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

Tungsten Network: https://authentication.tungsten-network.com/login

5. LATE QUOTE SUBMISSION: Late submissions shall not be considered.

6. MANDATORY SUBMITTED DOCUMENTS : Offer shall submit a signed copy of the SF1449, completed price schedule and 852.219-75 VA Notice of Limitations on Subcontracting - Certificate of Compliance for Services and Construction must be submitted with the quotation or offeror will not be eligible for award.

7. ACKNOWLEDGEMENT OF AMENDMENTS: The contractor shall acknowledge any and all amendments and include a signed copy with their quote submission. List of Amendments are listed below

B.2 ELECTRONIC INVOICE SUBMISSION AND INVOICING

VENDOR ELECTRONIC INVOICE SUBMISSION REQUIREMENTS AND METHODS

Facsimile, e-mail, and scanned documents are not acceptable forms of submission for payment requests. Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods below:

1. VA’s Electronic Invoice Presentment and Payment System – the FSC uses a third-party contractor, Tungsten Network (referred to OB10), to transition vendors from paper to electronic invoice submission. Please go to website: https://www.tungsten-network.com/customer-campaigns/veteransaffairs to enroll in the program and begin submitting the electronic invoices, free of charge.

1. A system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) chartered by the American National Standards Institute (ANSI). The X12 EDI website is: http://www.x12.org

1. Please contact Tungsten at the phone number or email address listed below to begin submitting your electronic invoices to the VA Financial Services Center for payment processing, free of charge. If you have questions about the e-invoicing program or Tungsten, please contact the FSC at the phone number or email address listed below:

2. Tungsten e-Invoice Setup Information: 1-877-489-6135

2. Tungsten e-Invoice email: VA.Registration@Tungsten-Network.com

2. FSC e-Invoice Contact Information: 1-877-353-9791

2. FSC e-Invoice email: vafsccshd@va.gov

BILLING AND INVOICING

1. In accordance with this contract, all services shall be billed in arrears monthly.

2. Contractor shall only bill for services rendered and for line items delivered.

3. A proper invoice that is submitted for payment, shall be accepted, and certified for payment if:

i. Monthly invoice is submitted in arrears, no later than the 20th business day of the following month that services were rendered.

ii. Invoice contains in addition to the information required for submission of a ‘proper’ invoice in accordance with FAR 52.212-4(g) the following information:

a. Name and Address of the Contractor

b. Invoice Date and Invoice Number

c. Contract Number

d. Contract Order Number

e. Purchase Order Number

f. Date Range of Services Provided

g. Description of Services Provided

h. Line/Sub-Line Item number(s) of services provided

i. Quantity of each Line/Sub-Line Item

j. Unit Rate for each Line/Sub-Line Item

k. Total Cost for each Line/Sub-Line Item

l. Total Invoice Cost

4. The Certifying Official will confirm the information in the submitted invoice to the contract and invoice to ensure it is correct and valid.

i. If the invoice submitted is not a proper invoice, the certifying official shall refuse the invoice with a detailed statement as to why the invoice was refused.

ii. Contractor shall make corrections and resubmit using a separate invoice number, notating the invoice number it is replacing.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

Contractor shall provide in-person Sign Language Translation per the Performance Work Statement (PWS) located at the VA Northern Indiana Healthcare System (VA NIHCS) Campuses (Marion VAMC, Fort Wayne VAMC, St. Joseph County VA Clinic, Muncie VA Clinic, Peru VA Clinic, Hoosier VA Clinic, and additional facilities as needed) for the period of July 1, 2023 through June 30, 2024 with four (4) additional one (1) year option periods exercisable at the Government's discretion.

Contract Period: Base POP Begin: 07-01-2023 POP End: 06-30-2024 PRINCIPAL NAICS CODE: 541930 - Translation and Interpretation Services PRODUCT/SERVICE CODE: R426 - Support - Professional: Communications

Contractor shall provide in-person Sign Language Translation per the Performance Work Statement (PWS) located at the VA Northern Indiana Healthcare System (VA NIHCS) Campuses (Marion VAMC, Fort Wayne VAMC, St. Joseph County VA Clinic, Muncie VA Clinic, Peru VA Clinic, Hoosier VA Clinic, and additional facilities as needed).

Contract Period: Option 1 POP Begin: 07-01-2024 POP End: 06-30-2025

Contractor shall provide in-person Sign Language Translation per the Performance Work Statement (PWS) located at the VA Northern Indiana Healthcare System (VA NIHCS) Campuses (Marion VAMC, Fort Wayne VAMC, St. Joseph County VA Clinic, Muncie VA Clinic, Peru VA Clinic, Hoosier VA Clinic, and additional facilities as needed).

Contract Period: Option 2 POP Begin: 07-01-2025 POP End: 06-30-2026

Contractor shall provide in-person Sign Language Translation per the Performance Work Statement (PWS) located at the VA Northern Indiana Healthcare System (VA NIHCS) Campuses (Marion VAMC, Fort Wayne VAMC, St. Joseph County VA Clinic, Muncie VA Clinic, Peru VA Clinic, Hoosier VA Clinic, and additional facilities as needed).

Contract Period: Option 3 POP Begin: 07-01-2026 POP End: 06-30-2027

Contractor shall provide in-person Sign Language Translation per the Performance Work Statement (PWS) located at the VA Northern Indiana Healthcare System (VA NIHCS) Campuses.

Contract Period: Option 4 POP Begin: 07-01-2027 POP End: 06-30-2028

B.4 PERFORMANCE WORK STATEMENT (PWS)

1. General:

1.1. Northern Indiana VA Healthcare System (VA NIHCS) needs on-site American Sign Language (ASL) interpreting services to facilitate communication at events and meetings such as work-related meetings, training sessions, safety talks, discussions on work related procedures, policies and assignments, human resources actions, conferences, team building events and any other event attended by deaf or hard of hearing employees. The assignments are primarily performed at the various VA NIHCS locations outlined below in this Performance Work Statement (PWS).

1.2. Locations:

· Marion VA Medical Center,1700 East 38TH Street, Marion IN. 46953-4589

· Fort Wayne VA Medical Center, 2121 Lake Avenue, Fort Wayne, IN 46805

· St. Joseph County VA Clinic, 1540 Trinity Place, Mishawaka, IN 46545-5006

· Muncie VA Clinic, 2600 W. White River Blvd., Muncie, IN 47303

· Peru VA Clinic, 750 North Broadway, Peru, IN 46970

· Hoosier VA Clinic, 1496 W Hoosier Blvd, Peru, IN 46970

· **Additional facilities may be added based on Northern Indiana VA Healthcare System requirements.

2. Objectives:

2.1. The contractor shall provide on-site sign language translation services for VA employees at various locations on an “as needed” basis.

3. Scope:

3.1. Assignments will be arranged via email notification. All known assignments will be coordinated as soon as the need is identified. If the Government submits a request for interpreters with less than two (2) business days advanced notice, the Contractor shall attempt to provide an interpreter from their staff, but the Government understands that the Contractor may not always be able to comply with such requests.

3.2. Confirmation of receipt of requested assignments shall be provided by 5:00 PM EST to the Contracting Officer’s Representative (CO), or 10 AM EST the following day if the COR’s assignment email was sent after 2:00 PM EST.

3.3. Once a specific individual is assigned, a confirmation email shall be provided to the within three business days prior to the assignment, or as soon as possible if the assignment email was sent within five days of the assignment.

3.4. If the Contractor is unable to fill the assignment, the CO must be notified immediately to facilitate coordination through another Contractor.

3.5. If the contractor does not respond by the time indicated in section 3.2 or 3.3, the Government reserved the right to direct the proposed assignment to another contractor.

3.6. If an interpreter assignment is for a one (1) hour assignment or less in duration, one (1) interpreter for such assignments shall be provided. Interpreters shall receive a 15-minute break after every 45 minutes of interpreting.

3.7. Unless it is specifically requested by the Contracting Officer, all assignments scheduled for longer than a one (1) hour, shall have two (2) interpreters assigned to ensure quality and effective communication over the entire duration of the assignment.

4. Business Protocol:

4.1. The Contractor shall provide their professional portfolio of their services to the Contracting Officer. The portfolio shall include the names of interpreters that meet the Government’s requirements, a copy of their Registry of Interpreters for the Deaf (RID) card. Before any interpreter works at a VA NIHCS event their professional portfolio must be sent and reviewed by the Contracting Officer.

4.2. The Contractor and the language interpreter(s) shall not discuss personal business; distribute personal business cards or promote themselves or the Contractor while on assignment to develop clientele from assignment(s) originating from the Federal Government. This is a conflict of interest and is cause for termination of the agreement.

5. Interpreter Qualifications and Requirements:

5.1. Sign language interpreters provided by the Contractor shall have a minimum of 5 years of experience proficiently interpreting for Deaf and/or Hard of Hearing individuals. Contractor shall have interpreters on staff that can use American Sign Language (ASL), Signed English (SE), and Manually Coded English (MCE) to perform interpreting for Deaf and/or Hard of Hearing employees. Sign language interpreters must possess fluency of sign language on the entire sign language continuum to effectively facilitate communication between Deaf and Hard of Hearing employees and hearing employees.

5.2. Certifications for all Contractor supplied sign language interpreters must be obtained from a recognized certifying organization. Contractor will ensure all Interpreters are certified and must hold at least one or more of the certifications issued by the National Registry of Interpreters for the Deaf (RID) and/or the National Association of the Deaf (NAD).

5.3. All parties involved agree that all information obtained while on assignment(s) shall be kept strictly confidential and shall not be used or disclosed to others after completed assignment(s). All interpreters shall be required to sign non-disclosure agreements and turn it in to the Contracting Officer prior to performing any assignment under this contract at any location.

5.4. Many of the services in the VA NIHCS deal with language and acronyms that are technical in nature, relate to complex medical issues, or are unique to the Government. If requested by the Contractor, the Contracting Officer will provide a written list of standard acronyms or language specifically used by the department or program office that is the subject of a request for an interpreter. The Contractor must take this unique environment into consideration when providing interpreters.

5.5. When possible, the Contractor should supply interpreters with professional backgrounds through education or life experience (such as military assignment, or technical degrees) that enhance their capacity to communicate technical information in a government or medical setting.

5.6. Sign language interpreter(s) supplied under this contract shall be professionally dressed. They shall be well groomed and dressed in an acceptable manner that is appropriate to the situation which usually involves business meetings.

6. Assignments:

6.1. Prior to each scheduled event, the sign language interpreter(s) provided pursuant to this contract shall make personal contact with the supported employee. This can be done onsite prior to the commencement of the event. At the time of the scheduled event, the sign language interpreter(s) shall report to the Government contact person identified for the assignment to check in.

6.2. Each assignment will be billed for a minimum of two hours in keeping with common commercial practice.

6.3. In the event an interpreter supplied under this contract arrives to an assignment that has been canceled, the interpreter shall call the Contracting Officer.

6.4. If an assignment goes over the contracted time, the Contractor shall be paid by rounding up to the nearest 15 minute increment. In the event of an extension, it is the responsibility of the on site POC to coordinate with the CO for approval of the extension.

6.4.1. Should an assignment under this contract extend beyond the contracted time and the interpreter assigned by the Contractor cannot stay, then the supplied interpreter shall be permitted to leave without any penalty imposed on the Contractor or any negative report issued with respect to the Contractor’s performance of this contract. The Contractor must inform the onsite POC that they are unable to stay.

6.5. Client Attendance:

6.5.1. In the event a government client (Deaf or Hard of Hearing employee) is late for a scheduled assignment, the interpreter assigned to the event may consider the client to be a “no show” if the client has not arrived within thirty (30) minutes after the scheduled start time.

6.5.2. In the event the client is a “No Show”, the Contractor shall contact the Contracting Officer for either reassignment or release. The interpreter may not leave the assigned campus until the departure has been approved by the Contracting Officer, or the scheduled end time has passed.

6.6. Interpreter Attendance:

6.6.1. Sign language interpreter(s) provided by the Contractor shall allow sufficient time to get through security and report to the site of the covered meeting or event on time. Multiple instances of unexcused tardiness shall not be tolerated. The Government reserves the right to rely on such instances of tardiness as the basis for placing interpreters on a “Not to Send” list. Only the Contracting Officer can make the determination to have a particular interpreter on said list and will justify it in writing to the Contractor. If an instance of tardiness/delay by an interpreter is anticipated due to some known or reported circumstances (e.g., like they call because of an accident that has a road blocked), the Contractor must inform the Contracting Officer of the anticipated delay so that the customer can be informed and possibly the meeting time adjusted to allow for the delay.

6.6.2. “Excusable Delay” is a delay that is beyond the Contractor’s (sub-contractor’s) control. Such as in instances when driving to an assignment, an interpreter gets stuck in traffic due to an accident that has the current route blocked and no alternates are available (such accidents can be verified). Instances of an interpreter just leaving too late to get to the assignment on time are not excusable. All instances will be evaluated on a case-by-case basis by the Contracting Officer.

6.6.3. If there is a no show by a sign language interpreter provided under this contract, the Government will not pay any invoice submitted with respect to that assignment. Repeated offenses could result in termination of this contract for cause.

6.6.4. The Contractor may replace a scheduled interpreter for an assignment if they have provided notice to the Contracting Officer that the originally assigned interpreter will be unacceptably delayed or will not be able to make the assignment at all. If an approved (Contracting Officer must approve in each instance) interpreter is provided in a timely manner for the assignment, the Contractor may bill as to the original assignment.

6.7. Cancellations:

6.7.1. All Contractor cancellations (and any potential cancellations) shall be submitted to the Contracting Officer via email. Telephone calls are permitted for timely notification, but follow-up emails confirming assignment cancellations are required. Though not considered to be quite as severe as a blatant “No Show”.

6.7.2. Assignments to be performed under this contract may be cancelled by the Contracting Officer by email, not less than twenty-four (24) hours in advance of the scheduled start time for the meeting or event, Monday through Friday, with no penalty or charges for the cancelled assignments. If a previously scheduled assignment(s) is/are canceled by the Contracting Officer, and the Contracting Officer has given the Contractor the 24-hour notice herein described no invoice for payment shall be submitted by the Contractor and the Government shall have no obligation to make any payment with respect to the cancelled assignment.

6.7.3. . If the Government provides less than twenty-four (24) hours advance notice of a cancellation(s) of an assigned meeting or event, then the Contractor may submit an invoice for all labor charges incurred by the Contractor which shall not exceed the cost for the initial day of a meeting or event scheduled for multiple days.

6.7.4. Interpreters provided under this contract shall not report to work or to a scheduled meeting or event if the meeting or event is cancelled due to the closure of the assigned location because of inclement weather or an emergency. In such cases, due to official closure, the Contractor may not bill for any cancelled events.

7. Billing:

7.1. The Contractor shall submit invoices monthly. Invoices should include the following:

Invoice Number Date of assignment Assignment start/stop time Interpreter’s name Name of Deaf or Hard of Hearing client Name of government employee who scheduled the service Location (Building and Room number when applicable) If the assignment was canceled within 24 hours Interpreter fee Total charge

7.2. A monthly summary that includes all invoices for the month shall be provided to the CO by the end of the first full week of the following month.

8. Security Requirements:

8.1. Contractor personnel shall adhere to all local security policies and regulations while on VA NIHCS property.

8.2. The C&A requirements do not apply and a Security Accreditation Package is not required.

9. Deliverables:

001 – Interpreter Confirmation email – As Required 002 – Invoice Verification – Monthly

QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

Performance Objective (The required service)

(This is the maximum error rate)

PRS #1

Interpreter arrives on time to scheduled events.

PRS #2

Interpreter services are provided. Additional interpreters are provided on short notice when requested.

90% fill rate for less than 5 days 85% fill rate for less than 24 hours.

PRS #3

Sign language interpreters provide clear interpreting services.

PRS #4

Contractor shall send only qualified interpreters.

PRS #5

Contractor responds to emails in a timely fashion.

SECTION C - CONTRACT CLAUSES

C.1 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

(a) Definitions. As used in this clause— Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management (SAM) records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

Registered in the System for Award Management (SAM) means that—

(1) The Contractor has entered all mandatory information, including the unique entity identifier and the EFT indicator (if applicable), the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14), into SAM;

(2) The Contractor has completed the Core, Assertions, Representations and Certifications, and Points of Contact sections of the registration in SAM;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record “Active”.

System for Award Management (SAM) means the primary Government repository for prospective Federal awardee and Federal awardee information and the centralized Government system for certain contracting, grants, and other assistance-related processes. It includes—

(1) Data collected from prospective Federal awardees required for the conduct of business with the Government;

(2) Prospective contractor-submitted annual representations and certifications in accordance with FAR subpart 4.12; and

(3) Identification of those parties excluded from receiving Federal contracts, certain subcontracts, and certain types of Federal financial and non-financial assistance and benefits.

Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See http://www.sam.gov for the designated entity for establishing unique entity identifiers.

(b) If the solicitation for this contract contained the provision 52.204–7 with its Alternate I, and the Contractor was unable to register prior to award, the Contractor shall be registered in SAM within 30 days after award or before three days prior to submission of the first invoice, whichever occurs first.

(c) The Contractor shall maintain registration in SAM during contract performance and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement. The Contractor is responsible for the currency, accuracy and completeness of the data within SAM, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in SAM after the initial registration, the Contractor is required to review and update on an annual basis, from the date of initial registration or subsequent updates, its information in SAM to ensure it is current, accurate and complete. Updating information in SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(d)(1)(i) If a Contractor has legally changed its business name or ‘‘doing business as’’ name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to—

(A) Change the name in SAM;

(B)Comply with the requirements of subpart 42.12 of the FAR; and

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor shall provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (d)(1)(i) of this clause, or fails to perform the agreement at paragraph (d)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the ‘‘Suspension of Payment’’ paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in SAM record to reflect an assignee for the purpose of assignment of claims (see FAR subpart 32.8, Assignment of Claims). Assignees shall be separately registered in SAM. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the EFT clause of this contract.

(3) The Contractor shall ensure that the unique entity identifier is maintained with the entity designated at www.sam.gov for establishment of the unique entity identifier throughout the life of the contract. The Contractor shall communicate any change to the unique entity identifier to the Contracting Officer within 30 days after the change, so an appropriate modification can be issued to update the data on the contract. A change in the unique entity identifier does not necessarily require a novation be accomplished.

(e) Contractors may obtain additional information on registration and annual confirmation requirements at www.sam.gov.

(End of Clause) C.2 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022) The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

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

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR 127, and the concern is identified 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 concern—

(1) Means a small business concern—

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

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

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

Small business concern—

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in 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 124.1002, means a small business concern under the size standard applicable to the acquisition, that—

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

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

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(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 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 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 .

(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) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that—

(i) It [ ] is, [ ] is not a service-disabled veteran-owned small business concern; or

(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR 125.18(b)(1) and (2). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: __________________.] Each service-disabled veteran-owned small business concern participating in the joint venture shall provide representation of its service-disabled veteran-owned small business concern status.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ] is, [ ] is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

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

(6) WOSB join venture eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that it [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: __________________.]

(7) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents that it [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 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)(8) and (9): Complete paragraphs (c)(8) and (9) only if this solicitation is expected to exceed the simplified acquisition threshold.

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

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

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

(i) It [ ] is, [ ] is not a HUBZone small business concern listed, on the date of this representation, 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 Part 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 Order 11246—

(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 U.S.C. 1352).