36C25719Q0511-002.pdf

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. DUNS: DUNS+4:

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. 2/2012)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 42

740-19-2-2153-0022

36C25719Q0511 04-08-2019

Juan Martinez 210-694-6303 04-17-2019

12:00 PM CDT

36C257

Department of Veterans Affairs VISN17 Network Contracting Activity 7400 Merton Minter Blvd. (10N17/90C) San Antonio TX 78229

X

811219

$20.5 Million

X

N/A

X

36C740

VA TX Valley Coastal Bend Health Care Center at Harlingen Biomedical Engineering 2601 Veterans Drive Harlingen TX 78550-8942

36C257

Department of Veterans Affairs VISN17 Network Contracting Activity 7400 Merton Minter Blvd. (10N17/90C) San Antonio TX 78229

This is accomplished through the Tungsten Network located at:

http://www.fsc.va.gov/einvoice.asp This is mandatory and the sole method for submitting invoices.

(877) 353-9791 (512) 460-5540

See CONTINUATION Page

SEE SCHEDULE.

See CONTINUATION Page

X X

JOSEPH A. LEYTE

Contracting Officer

36C25719Q0511

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 STATEMENT OF WORK

SECTION C - CONTRACT CLAUSES

C.1 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2019)

C.2 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

C.3 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.4 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.5 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984)

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL

ITEMS (OCT 2018)

E.2 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

QUOTE PREPARATION

BASIS FOR AWARD

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Office 36C257 Juan Martinez

Department of Veterans Affairs

VISN17 Network Contracting Activity

7400 Merton Minter Blvd. (10N17/90C)

San Antonio TX 78229

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

[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Monthly []

b. Other [X] Annually

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.

This is accomplished through the Tungsten Network located at: http://www.fsc.va.gov/einvoice.asp

This is mandatory and the sole method for submitting invoices.

ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

AMENDMENT NO DATE

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1.00 YR __________________ __________________

SERVICE MAINTENENCE AGREEMENT FOR THE MEDIVATORS INC.

EQUIPMENT LOCATED IN THE STERILE PROCESSING SERVICE AREA IN

ACCORDANCE WITH THE STATEMENT OF WORK.

ENDOSCOPE REPROCESSOR EE# 4288 S/N 66326330

ANNUAL PRICE $_____________________

ENDOSCOPE REPROCESSOR EE# 4287 S/N 66326336

ANNUAL PRICE $_____________________

ENDODRY CABINET EE# 16356 S/N CM00479

ANNUAL PRICE $_____________________

Contract Period: Base POP Begin: 05-01-2019 POP End: 04-30-2020

EQUIPMENT LOCATED IN THE STERILE PROCESSING SERVICE AREA IN

ACCORDANCE WITH THE STATEMENT OF WORK.

ENDOSCOPE REPROCESSOR EE# 4288 S/N 66326330

ANNUAL PRICE $_____________________

ENDOSCOPE REPROCESSOR EE# 4287 S/N 66326336

ANNUAL PRICE $_____________________

ENDODRY CABINET EE# 16356 S/N CM00479

ANNUAL PRICE $_____________________

Contract Period: Option 1 POP Begin: 05-01-2020 POP End: 04-30-2021

EQUIPMENT LOCATED IN THE STERILE PROCESSING SERVICE AREA IN

ACCORDANCE WITH THE STATEMENT OF WORK.

ENDOSCOPE REPROCESSOR EE# 4288 S/N 66326330

ANNUAL PRICE $_____________________

ENDOSCOPE REPROCESSOR EE# 4287 S/N 66326336

ANNUAL PRICE $_____________________

ENDODRY CABINET EE# 16356 S/N CM00479

ANNUAL PRICE $_____________________

Contract Period: Option 2 POP Begin: 05-01-2021 POP End: 04-30-2022

EQUIPMENT LOCATED IN THE STERILE PROCESSING SERVICE AREA IN

ACCORDANCE WITH THE STATEMENT OF WORK.

ENDOSCOPE REPROCESSOR EE# 4288 S/N 66326330

ANNUAL PRICE $_____________________

ENDOSCOPE REPROCESSOR EE# 4287 S/N 66326336

ANNUAL PRICE $_____________________

ENDODRY CABINET EE# 16356 S/N CM00479

ANNUAL PRICE $_____________________

Contract Period: Option 3 POP Begin: 05-01-2022 POP End: 04-30-2023

EQUIPMENT LOCATED IN THE STERILE PROCESSING SERVICE AREA IN

ACCORDANCE WITH THE STATEMENT OF WORK.

ENDOSCOPE REPROCESSOR EE# 4288 S/N 66326330

ANNUAL PRICE $_____________________

ENDOSCOPE REPROCESSOR EE# 4287 S/N 66326336

ANNUAL PRICE $_____________________

ENDODRY CABINET EE# 16356 S/N CM00479

ANNUAL PRICE $_____________________

Contract Period: Option 4 POP Begin: 05-01-2023 POP End: 04-30-2024

GRAND TOTAL __________________

B.3 STATEMENT OF WORK

A. GENERAL INFORMATION

1. Title of Project: Service Agreement for Medivators, Inc. Equipment

2. Scope of Work: Contractor shall provide preventative/scheduled maintenance and repair services for the following Medivators, Inc. equipment.

1. Endoscope Reprocessor: EE4287; S/N 66326336

2. Endoscope Reprocessor: EE4288; S/N 66326330

3. Endodry Cabinet: EE16356; S/N CM0479

The Contractor shall ensure proper service levels are maintained and make certain that equipment performance is optimal in accordance with Original Equipment Manufacturer (OEM) specifications.

Service agreement shall entitle the Customer to have a qualified Field Service Engineer dispatched to evaluate the covered MEDIVATORS endoscope reprocessor(s) or EndoDry/ESC Cabinet(s) performance, and have those specific components (i.e., PM Kit parts) required to ensure performance of the reprocessor or cabinet to manufacturer’s specifications replaced at no charge (“Preventive Maintenance” or “PM”).

The agreement components shall be fully warranted for 90 days following Preventive Maintenance completion. This agreement shall provide new warranty coverage on the units for the duration of the agreement. Agreement shall provide Annual Preventive Maintenance, including inspection and replacement of all components required to restore equipment back to manufacturer specifications; one operator training program annually per facility provided by a Clinical Support Specialist; responsive on-site remedial service (labor, travel and parts included) if required in between Preventive Maintenance service calls; and telephone technical support at no additional charge for each year that the Service Agreement is in effect.

All work must be performed by a qualified OEM factory certified technician factory trained to work on the equipment listed above to ensure compliance with applicable manufacturer’s recommendations, codes and standards in its entirety. Maintenance and repair (when necessary) shall be performed as indicated in the manufacturer’s requirements and recommendations for this equipment.

Annual Preventive Maintenance (“PM”) and remedial service (if required in between PM service calls) to be performed on-site between the hours of 8 a.m. and 5 p.m. local time, Monday through Friday, excluding holidays, or at such other times by mutual agreement of the parties.

Services will be performed by an OEM certified/trained Contractor Field Service Engineer or Technician, including travel, shipping charges, labor and all required service parts. Parts that require shipment to the Contractor’s Depot Service Facility will be sent pursuant to Contractor Returned Material Authorization Policy (“RMA”).

Unlimited access to technical telephone support from the Contractor Technical Service team between the hours of 6 a.m. and 6 p.m. Central time, with after-hours support from 6 p.m. to 10 p.m., Monday through Friday, on business days. After-hours customer telephone support shall be available from 6 a.m. to 6 p.m.

Central time on non-business days seven days a week including holidays.

Contractor will, at no additional cost, provide the VA with changes or additions to the Covered Equipment that improve or update functions or performance by changes in software design made by Contractor, but which do not add new functionality (“Updates”). An Update includes new releases, bug fixes and maintenance modifications provided by Contractor, is denoted and designated by a change in the right-most digit in the version number (for example, a change from X.1 to X.2), and will be provided if and when such Update is made generally available by Contractor to its similarly situated customers.

Updates do not include, and this contract does not include, any new components, equipment, systems, products or applications, whether from third parties or Contractor, that are separately priced and licensed, including any modifications or upgrades to the Covered Equipment, systems or any software therein that provide additional value, functionality or utility (“Upgrade”). An Upgrade is denoted and designated by a change in the number to the left of the decimal point in the version number (for example, a change from 1.X to 2.X).

None of the services provided include: (i) the installation or replacement of any consumable or accessory product (e.g. reprocessor hook-ups); (ii) the performance of any relocation services or electrical work external to any Covered Equipment; or (iii) the refurbishment of any Covered Equipment or other product. Replacement filters are not provided. Further, this contract shall not include filters.

Contractor shall endeavor to provide a targeted response time for the performance of on-site services purchased hereunder no later than the end of the next business day from the time a Contractor Technical Service team member determines that an on-site service visit (e.g. field dispatch) is required in response to the VA’s request for service. Standard hours for on-site service visits are 8 a.m. – 5 p.m. Monday to Friday local time excluding federal holidays.

The VA will, at its expense: (i) perform all routine maintenance procedures on the Covered Equipment and/or systems as specified by Contractor (including, without limitation, the replacement of all air, water and HLD filters), (ii) provide access to the Covered Equipment as necessary to effect repairs, and (iii) provide such assistance, information, services and facilities as may be requested by the Contractor to perform the services hereunder.

Any (i) improper use, including substitution of parts or components not approved by OEM certified/trained Contractor; (ii) repair of, or attempt to repair, equipment covered under this contract by any party other than the Contractor or a service representative authorized by the Contractor; or (iii) use of chemical cleaning agents, disinfectants, germicides or sterilants other than those validated by the OEM

Contractor as compatible with the Covered Equipment, automatically and immediately voids the warranties provided.

In addition to any disclaimers set forth in the Warranty Statement, the repair of any cracks in the cabinet of an endoscope reprocessor, which includes the basins, is not and will not be covered by any Warranty provided herein or otherwise under this contract.

TO THE EXTENT PERMITTED BY LAW AND IAW SAID CONTRACT, CONTRACTOR WILL

NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO THE VA FOR ANY CONSEQUENTIAL,

INCIDENTAL, INDIRECT OR SPECIAL DAMAGES OR LOSSES, INCLUDING WITHOUT

LIMITATION, DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY

MALFUNCTIONS, DELAYS, LOSS OF PROFIT, INTERRUPTION OF SERVICE, OR LOSS OF

BUSINESS OR ANTICIPATORY PROFITS, EVEN IF CONTRACTOR HAS BEEN APPRISED OF

THE LIKELIHOOD OF SUCH DAMAGES OCCURRING.

3. Performance Period: One twelve-month base year and at the discretion of the Government, up to four, twelve-month option periods.

4. Type of Contract: It has been determined that a firm fixed price purchase order is appropriate.

5. Place of Performance: The contract will be performed at VA Valley Coastal Bend, Health

Care Center at Harlingen (HCC), located at 2601 Veterans Drive, Harlingen, Texas 78550.

B. GENERAL REQUIREMENTS

The intent of this Statement of Work is to provide a broad overview of the requirements, not to list all the requirements. Partial listing of the requirements in this Statement of Work does not reduce or eliminate the obligation of the Contractor to meet all manufacturers’ requirements. The Contractor shall provide scheduled maintenance and repair services for the equipment in this Statement of Work, in accordance with all applicable OEM standards and manufacturer’s requirements and recommendations.

1. The Contractor shall perform the required preventative maintenance tasks as scheduled;

repairs and maintenance calls will be addressed as needed. The Contractor shall employ certified/qualified Field Service Representatives who have had OEM training on each, individual Equipment listed.

Software (if applicable) shall have the current updates provided by the Contractor.

2. The Contractor shall provide all parts, tools, labor, and travel to perform maintenance service and repairs (preventative or corrective). In order to maintain the equipment in accordance with Original Equipment Manufacturer specifications, parts requiring replacement will be replaced on new or factory refurbished part basis. All parts that are removed from Government equipment during repairs or preventative maintenance must be turned in to the Biomedical Engineering Department prior to Contractor departure.

3. Preventative maintenance and unscheduled repairs shall be accompanied by:

a. Diagnosis/root cause analysis, defined resolution approach and or workaround or fix.

b. Operator instruction on actions to be taken on the customer’s end to correct the problem

c. Quality/training initiatives to increase operator knowledge and decrease the number of incoming incidents (informal)

4. Phone Response of 60 min, On – Site within 8 hours, Uptime of 95% and Parts Order

Requirement by 6 p.m. and Parts Delivery Next Day.

5. The Contractor will notify the Government Representative, at least three calendar days before a preventative maintenance visit is required. All work shall be coordinated with the Government Representative before commencement of work or entry onto Government premises. The Contractor shall ensure the Government Representative is notified of the name of each Contractor representative assigned to the task at least 24 hours/one business day before the work is to begin.

6. Each representative of the Contractor will be required to sign-in and out at the Security Police and prepared to provide a government issued picture identification during the sign-in process.

Contractor staff shall remain under escort while on Government premises.

7. This contract includes preventative maintenance and repair services. However, the

Contractor shall submit a list of all needed or anticipated repairs revealed, during the performance of preventative maintenance tasks, to the Government Representative along with the test reports prior to leaving site.

8. At the conclusion of the service visit, and prior to leaving the site, the contractor shall provide a written service report indicating:

a. the date of service,

b. the model, serial number, and VA identifying number (which is always on a bar code with EE#),

c. the location of the equipment serviced

d. the name of the Contractor personnel performing the work,

e. the service(s) performed, and the parts replaced.

9. All written deliverables (when applicable) will be phrased in layperson language. Statistical and other technical terminology will not be used without providing a glossary of terms

C. INFORMATION SYSTEMS OFFICER, INFORMATION PROTECTION:

The contractor will not have access to VA Desktop computers nor will they have access to online resources belonging to the government while conducting services. If removal of equipment from the VA is required, any memory storage devices, such as hard drives, solid state drives and non-volatile memory units will remain in VA control and will not be removed from VA custody.

Privacy Officer:

The contractor will not have access to protected Patient Health Information (PHI) nor will they have the capability of accessing patient information during the services provided to the VA. If removal of equipment from the VA is required, any memory storage devices, such as hard drives, solid state drives and non-volatile memory units will remain in VA control and will not be removed from VA custody. All research data available for Contractor analyses shall be de-identified.

D. RECORDS MANAGEMENT:

1. Records Manager:

a. Citations to pertinent laws, codes and regulations such as 44 U.S.C., Chapters 21, 29, 31 and 33;

Freedom of Information Act (5 U.S.C. 552); Privacy Act (5 U.S.C. 552a); 36 CFR Parts 1222 and 1228.

b. Contractor shall treat all deliverables under the contract as the property of the U.S. Government for which the Government Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest.

c. Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government IT equipment and/or Government records.

d. Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or which is generally protected by the Freedom of Information Act.

e. Contractor shall not create or maintain any records containing any Government Agency records that are not specifically tied to or authorized by the contract.

f. The Government Agency owns the rights to all data/records produced as part of this contract.

g. The Government Agency owns the rights to all electronic information (electronic data, electronic information systems, electronic databases, etc.) and all supporting documentation created as part of this contract. Contractor must deliver sufficient technical documentation with all data deliverables to permit the agency to use the data.

E. CHANGES TO STATEMENT OF WORK

Changes to this SOW shall be authorized only through written correspondence from the CO. Contractor incurred costs through the actions of parties other than the CO shall be borne by the contractor.

F. TRAVEL

The Government anticipates travel under this effort to perform the tasks associated with the effort through the period of performance. Include all estimated travel costs in your firm-fixed price line items.

The total estimated number of trips in support of this effort will vary depending on the manufacturer’s equipment inspection/maintenance requirements, contractor proposed schedule and unanticipated equipment failures. All work will be performed at VA Valley Coastal Bend, Health Care Center at Harlingen (HCC), located at 2601 Veterans Drive, Harlingen, Texas 78550.

G. CONTRACTOR EXPERIENCE REQUIREMENTS – KEY PERSONNEL

All inspections, testing and maintenance shall be performed by an OEM qualified and trained technician, whose credentials. If company is not the OEM, contractor shall submit credentials to the Government Representative with quote. The OEM Certificate of Training for each listed equipment herein shall be no more than two years old. Any Contractor personnel who will perform any service on the listed equipment shall have received the Original Equipment Manufacturer’s repair and maintenance training, specific to the equipment listed above.

H. GOVERNMENT REPRESENTATIVE

The representatives for this order are:

Primary Representative:

Juan Muniz Phone: (956) 291-9469

Cell: (956) 453-9952

E-mail address: Juan.Muniz3@va.gov

Alternate Representative Reinaldo Cavazos Jr.

Phone: (956) 291-9098 Cell: (956) 491-8099 Email: reinaldo.cavazosjr@va.gov mailto:Juan.Muniz3@va.gov mailto:reinaldo.cavazosjr@va.gov

All Coordination will be made with the VCB Facility Medical Equipment Government Representative, Juan Muniz or Reinaldo Cavazos before work begins. All maintenance and repair services shall be scheduled in advance with the representative and shall occur Monday through Friday, excluding federal holidays, during regular business hours between 8:00 a.m. and 5:00 p.m. Work at the government site shall not take place on Federal holidays or weekends unless directed by the Contracting Officer (CO).

• The representatives will serve as the primary point of contact for the contractor.

• The contractor shall notify the representatives if problems arise adversely impacting the performance of work.

• Inspection and Acceptance shall be by the representatives assigned to this order.

• The representatives shall request security badges,(as applicable) through his/her immediate supervisor, for all contractor and subcontractor employees needing physical access to Government facilities; ensure that contractor employees complete pre-employment security awareness training and refresher training when required; ensure that contractor employees sign the Certificate of Confidentiality and Non-disclosure (when applicable) and a copy is provided to the Contracting Officer; coordinate the collection of necessary information from contractors to meet background investigation requirements for contractor personnel (if required); and initiate the appropriate steps for contractor employees when the contract is complete or the contractor employee leaves for any reason.

The representative is not authorized to take any other actions, including but not limited to the following, all of which remain the responsibility of the Contracting Officer:

• Make any commitments or changes which will affect the price, quantity, quality, or delivery terms of the contract.

• Require additional supplies or services or supplies or services beyond the scope of the contract.

• Extend the completion time established in the contract.

• Terminate the contract in whole or in part.

• Give instructions which may constitute an assignment of additional work outside the general scope of the project.

• Change any of the expressed terms, conditions, or specifications of the contract.

Under no circumstances are you to assume that the contract has been extended or otherwise renewed unless you are informed to that effect by the Contracting Officer.

SECTION C - CONTRACT CLAUSES

FAR

Number

Title Date

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

JUL 2016

52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

ITEMS

OCT 2018

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS

DEC 2013

852.203-70 COMMERCIAL ADVERTISING MAY 2018

C.1 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS

(JAN 2019)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115–91).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(4) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(5) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108- 78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41 U.S.C. 3509).

[] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

[X] (4) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109–282) (31 U.S.C. 6101 note).

[] (5) [Reserved]

[] (6) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[] (7) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[X] (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (OCT 2015) (31 U.S.C. 6101 note).

[] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

[] (10) [Reserved]

[] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C.

657a).

[] (ii) Alternate I (NOV 2011) of 52.219-3.

[] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (ii) Alternate I (JAN 2011) of 52.219-4.

[] (13) [Reserved]

[] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

[] (ii) Alternate I (NOV 2011).

[] (iii) Alternate II (NOV 2011).

[] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

[] (ii) Alternate I (Oct 1995) of 52.219-7.

[] (iii) Alternate II (Mar 2004) of 52.219-7.

[] (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

[] (17)(i) 52.219-9, Small Business Subcontracting Plan (AUG 2018) (15 U.S.C. 637(d)(4)).

[] (ii) Alternate I (NOV 2016) of 52.219-9.

[] (iii) Alternate II (NOV 2016) of 52.219-9.

[] (iv) Alternate III (JAN 2017) of 52.219-9.

[] (v) Alternate IV (AUG 2018) of 52.219-9.

[] (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

[] (19) 52.219-14, Limitations on Subcontracting (JAN 2017) (15 U.S.C. 637(a)(14)).

[] (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

[] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f).

[] (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C 632(a)(2)).

[] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (DEC 2015) (15 U.S.C. 637(m)).

[] (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (DEC 2015) (15 U.S.C. 637(m)).

[X] (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

[] (26) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (JAN 2018) (E.O.

13126).

[X] (27) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X] (28)(i) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

[] (ii) Alternate I (FEB 1999) of 52.222-26.

[] (29)(i) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212).

[] (ii) Alternate I (JULY 2014) of 52.222-35.

[X] (30)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

[] (ii) Alternate I (JULY 2014) of 52.222-36.

[] (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

[] (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

[X] (33)(i) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O.

13627).

[] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

[] (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

[] (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

[] (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

[] (38)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

[] (ii) Alternate I (OCT 2015) of 52.223-13.

[] (39)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-14.

[] (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007)(42 U.S.C. 8259b).

[] (41)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-16.

[X] (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011)

[] (43) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

[] (44) 52.223-21, Foams (JUN 2016) (E.O. 13693).

[] (45) (i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

[] (ii) Alternate I (JAN 2017) of 52.224-3.

[] (46) 52.225-1, Buy American—Supplies (MAY 2014) (41 U.S.C. chapter 83).

[] (47)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (MAY 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112- 42, and 112-43.

[] (ii) Alternate I (MAY 2014) of 52.225-3.

[] (iii) Alternate II (MAY 2014) of 52.225-3.

[] (iv) Alternate III (MAY 2014) of 52.225-3.

[] (48) 52.225–5, Trade Agreements (AUG 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[X] (49) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[] (50) 52.225–26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

[] (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

[] (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

[] (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.

4505, 10 U.S.C. 2307(f)).

[] (54) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[X] (55) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Oct 2018) (31 U.S.C. 3332).

[] (56) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

[] (57) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

[] (58) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

[] (59) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)).

[] (60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

[] (ii) Alternate I (Apr 2003) of 52.247-64.

[] (iii) Alternate II (FEB 2006) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[] (1) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495).

[] (2) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

[] (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[] (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[] (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

[X] (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C.

chapter 67).

[] (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).

[X] (8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).

[X] (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

[] (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement.

Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115–91).

(iv) 52.219–8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219–8 in lower tier subcontracts that offer subcontracting opportunities.

(v) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(vi) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(vii) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

(viii) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

(xiii)(A) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O.

13627).

(B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C.

chapter 67).

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xvi) 52.222-54, Employment Eligibility Verification (OCT 2015) (E. O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).

(xviii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xix)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xx) 52.225–26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C.

1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

C.2 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR

2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 15 calendar days of contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 calendar days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.

(End of Clause)

C.3 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):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

(End of Clause)

C.4 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS

(NOV 2018)

(a) Definitions. As used in this clause—

(1) Contract financing payment has the meaning given in FAR 32.001;

(2) Designated agency office means the office designated by the purchase order, agreement, or contract to first receive and review invoices. This office can be contractually designated as the receiving entity.

This office may be different from the office issuing the payment;

(3) Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause.

Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests;

(4) Invoice payment has the meaning given in FAR 32.001; and

(5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract.

(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.

(c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following:

(1) VA’s Electronic Invoice Presentment and Payment System at the current website address provided in the contract.

(2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI).

(d) Invoice requirements. Invoices shall comply with FAR 32.905.

(e) Exceptions. If, based on one of the circumstances in this paragraph (e), the Contracting Officer directs that payment requests be made by mail, the Contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office. Submission of payment requests by mail may be required for—

(1) Awards made to foreign vendors for work performed outside the United States;

(2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information;

(3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies;

(4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or

(5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above.

C.5 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984)

The contractor shall obtain all necessary licenses and/or permits required to perform this work. He/she shall take all reasonable precautions necessary to protect persons and property from injury or damage during the performance of this contract. He/she shall be responsible for any injury to himself/herself, his/her employees, as well as for any damage to personal or public property that occurs during the performance of this contract that is caused by his/her employees fault or negligence, and shall maintain personal liability and property damage insurance having coverage for a limit as required by the laws of the State of Texas. Further, it is agreed that any negligence of the Government, its officers, agents, servants and employees, shall not be the responsibility of the contractor hereunder with the regard to any claims, loss, damage, injury, and liability resulting there from.

SECTION E - SOLICITATION PROVISIONS

FAR

Number

Title Date

52.204-7 SYSTEM FOR AWARD MANAGEMENT OCT 2018

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE

REPORTING

JUL 2016

52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS OCT 2018

52.217-5 EVALUATION OF OPTIONS JUL 1990

E.1 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL ITEMS (OCT 2018)

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 (u) of this provision.

(a) Definitions. As used in this provision—

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

Forced or indentured child labor means all work or service—

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

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

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

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

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

https://www.sam.gov/

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.

Restricted business operations means business operations in Sudan that…