75H70521Q00020 RFQ PACKAGE.pdf
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- DELL OPTIPLEX Federal contract opportunity
- Solicitation number
- 75H70521Q00020
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75H70521Q00020
1. REQUEST NO.
5a. ISSUED BY
NAME
a. NAME
c. STREET ADDRESS
d. CITY
10. PLEASE FURNISH QUOTATIONS TO
THE ISSUING OFFICE IN BLOCK 5a ON
OR BEFORE CLOSE OF BUSINESS (Date)
2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.
UNDER BDSA REG. 2
AND/OR DMS REG.1
RATING
6. DELIVERY BY (Date)
7. DELIVERY
9. DESTINATION
a. NAME OF CONSIGNEE
b. STREET ADDRESS
PAGE OF PAGES
5b. FOR INFORMATION CALL: (No collect calls)
TELEPHONE NUMBER
AREA CODE NUMBER
8. TO:
b. COMPANY
e. STATE f. ZIP CODE
c. CITY
d. STATE e. ZIP CODE
IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.
11. SCHEDULE (Include applicable Federal, State and local taxes)
THIS RFQ
REQUEST FOR QUOTATION
(THIS IS NOT AN ORDER)
IS IS NOT A SMALL BUSINESS SET ASIDEX
06/29/2021 IHS1427637
1 18
2225 Cooperative Ct NW, Rm 200 Bemidji MN 56601
Indian Health Service 30 Days ARO
218 335-3345BEVERLY BAILEY
07/15/2021 1400 CT
FOB DESTINATION
OTHER
(See Schedule)X
ITEM NO.
(a)
SUPPLIES/SERVICES
(b)
QUANTITY
(c)
UNIT
(d)
UNIT PRICE
(e)
AMOUNT
(f)
BUY INDIAN:
This is set aside 100% Buy Indian 25 U.S.C 47 This is restricted to small business commercial items prepared in accordance with the format in FAR Part 13, as supplemented with additional information included in this notice.
This announcement constitutes the only solicitation; quotations are being requested and IEE firms in order to meet small business goals.
RESPONSE DUE DATE: 07/15/2021 14:00 P.M. CT
NAICS: 334118
Continued ...
12. DISCOUNT FOR PROMPT PAYMENT
a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS
NUMBER PERCENTAGE
NOTE: Additional provisions and representations
13. NAME AND ADDRESS OF QUOTER
b. STREET ADDRESS
c. COUNTY
d. CITY e. STATE f. ZIP CODE
14. SIGNATURE OF PERSON AUTHORIZED TO
SIGN QUOTATION
16. SIGNER
a. NAME (Type or print)
c. TITLE (Type or print)
a. NAME OF QUOTER
AREA CODE
NUMBER
15. DATE OF QUOTATION
b. TELEPHONE are are not attached
AUTHORIZED FOR LOCAL REPRODUCTION
Previous edition not usable
STANDARD FORM 18 (REV. 6-95)
Prescribed by GSA - FAR (48 CFR) 53.215-1(a)
JeRichardson Highlight
JeRichardson Cross-Out
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
NAME OF OFFEROR OR CONTRACTOR
2 18
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
75H70521Q00020
1 50 EA
2 5 EA
Basis for Award: Lowest Price - Technically Acceptable.
Contract Type:
The Indian Health Service (IHS) intends to issue a firm-fixed price purchase order resulting from this solicitation. Prospective vendor shall submit a firm-fixed price offer. Multiple awards are not anticipated.
Prospective vendors shall be properly registered in www.sam.gov. This includes proper registration as a small business IEE firm as well as any subcategory claimed such as (HUBZone, 8(a), Service Disabled Veteran Owned, Veteran Owned, Woman-Owned, Small Disadvantaged) in order for IHS to issue an award and claim procurement actions with eligible IEE small business vendors.
This is a request for quote.
Refurbished items will not be accepted.
Prospective vendor shall not propose items that are on backorder. Vendor is responsible for verifying product availability prior to submitting a quote.
All EIT supplies and services must meet the applicable accessibility standards at 36 CFR Part 1194.
Dell Optiplex 7080 SFF computers QTY 50
Delivery: 30 Days ARO Delivery Location Code: IHSCASSLAKE
INDIAN HEALTH SERVICE
425 7TH STREET NW
CASS LAKE MN 56633 US
Dell Latitude 5510 computers QTY 5
Delivery: 30 Days ARO Delivery Location Code: IHSCASSLAKE
CASS LAKE BEMIDJI AREA OFFICE
425 7TH STREET NW
CASS LAKE MN 56633 US
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
DEPARTMENT OF HEALTH & HUMAN SERVICES Indian Owned Economic Enterprise INDIAN HEALTH SERVICE Representation
(July 2013)
Solicitation / Contract No.: 75H70521Q00020/
Project No. / Project Title: DELL OPTIPLEX
Date: 6/29/2021
In accordance with 48 CFR 1452.280‐4, Indian economic enterprise representation, the signature below constitutes self‐certification that the offeror meets the definition of “Indian Owned Economic
Enterprise”, as defined in 48 CFR 1480.201, in response to the solicitation and resultant contract, in accordance with 25 U.S.C. 47 the Buy‐Indian Act. The enterprise must meet the definition of “Indian‐
Owned Economic Enterprise” throughout the following time periods: (1) At the time an offer is made in response to a solicitation, (2) At the time of contract award; and (3) During the full term of the contract performance period. At any point during these time periods, if the contractor no longer meets the eligibility requirements, the contractor must provide immediate written notification to the Contracting
Officer.
Any false or misleading information submitted by an enterprise when submitting an offer in consideration of an award set‐aside under the authority of the Buy‐Indian Act is a violation of the law and punishable under 18 U.S.C. 1001. False claims submitted as part of contract performance are subject to the penalties enumerated in 31 U.S.C § 3729 to § 3731 and 18 U.S.C. 287.
REPRESENTATION
1452‐280‐4 INDIAN ECONOMIC ENTERPRISE REPRESENTATION (JUL 2013)
Prescription: 1480‐801(a)
Provision: The offeror represents as part of its offer that is [ ] does, [ ] does not meet the definition of Indian Economic Enterprise as defined in 1480.201.
(Legal Business Name) (Certifying Signature)
(Dun & Bradstreet Number) (Printed Name)
7 | 18XXXX
Leah.Azure Highlight
Items Quantity
This is non-TAA compliant Item
1Latitude 5510 - Build Your Own
Category Description Code SKU ID
Dell Latitude 5510 Latitude 5510 XCTO Base GIG67F8 [210-AWLP] 1
Processor 10th Generation Intel® Core™ i5-10310U (4 Core, 6M cache, base 1.7GHz, up to 4.4GHz, vPro)
G1HXWQ8 [379-BDVG] 146
Operating System Ubuntu Linux 18.04 GP035UO [605-BBNT] 11
Office Productivity Software No Productivity Software GDFAG1O [630-AAXE] 1002
Graphics Intel® UHD Graphics 620 with Displaypo rt over Type-C for i5-10310U
G2E78LY [338-BUSD] 149
Systems Management No Out-of-Band Systems Management -vPro Disabled
GTC891B [631-ACKV] 49
Memory 16G (2 X 8GB) 3200MHz DDR4 Non-ECC G4TUP9C [370-AFVQ] 3
Hard Drive M.2 256GB PCIe NVMe Class 35 2230 S olid State Drive
GZ1V2AM [400-BIKC] 8
LCD 15.6" HD (1366 x 768) Anti-Glare Non-To uch, RGB Cam and Mic, WLAN WWAN C apable
GRDSBE8 [320-BDRH] [325-
BDRC] [391-BFBB]
PalmRest Dual Pointing with Contacted Smart Car d Only
G7BU64N [346-BFYH] 55
Keyboard Dual Pointing Backlit US English Keyboa rd with numeric keypad
GL3BTAV [583-BGWN] 4
Wireless Driver Driver for Qualcomm® QCA61x4A 802.1 1ac Dual Band (2x2) Wireless Adapter+ Bluetooth 5.0
GO0DQAF [555-BFOB] 7
75H70521Q00020 https://www.dell.com/premier/us/en/rc1197941/#/systems/pd/xctol551015usr https://www.dell.com/premier/us/en/rc1197941/#/systems/pd/xctol551015usr
Category Description Code SKU ID
Wireless Qualcomm® QCA61x4A 802.11ac Dual Band (2x2) Wireless Adapter + Bluetoot h 5.0
GTYM34G [555-BCMW] 19
Mobile Broadband No Mobile Broadband Card GR957IY [556-BBCD] 114
Primary Battery 3 Cell 51Whr ExpressCharge™ Capable Battery
GDJK40L [451-BCKC] 112
Power Supply 65W AC Adapter, 7.4mm Barrel, EPEAT G950RXY [492-BCWY] 1015
McAfee Security Software No Anti-Virus Software GD4K19S [650-AAAM] 1014
Operating System Recovery Options
OS-Windows Media Not Included GLA9OQ1 [620-AALW] 200013
Cable E5 US Power Cord GPGC259 [450-AAEJ] 20
Setup and Features Guides 5510 Quick start guide for Windows 10, Ubuntu
GGDZ642 [340-CPPF] 60
Order Information US No Canada Ship Charge G3IA0L8 [332-1286] 111
Documentation Safety/Environment and Regulatory Gui de (English/French Multi-language)
G7RB0GY [340-AGIK] 21
FGA Module No FGA NOFGA [817-BBBB] 572
Label Regulatory Label, FCC GL7DVE2 [389-DPGZ] 676
Dell Application Software Ubuntu System Software G2I3CH8 [658-BESB] 1003
Shipping Material MIX SHIP Config (DAO/BCC) GG812W3 [340-AAPP] [340-
CQGC]
Processor Branding Intel® Core™ i5 Processor Label GES6Q9A [340-CNBZ] 749
TAA No TAA GUSA19Y [340-ACQQ] 97
Mouse No Mouse G8043UZ [570-AADK] 12
Resource Media No Resource USB Media G5KFAU6 [430-XXYG] 50
ENERGY STAR ENERGY STAR Qualified GFORS60 [387-BBNO] 122
Transportation from ODM to region
Standard Shipment (S) G7DC6AK [800-BBQN] 200080
EAN/UPC Labels No UPC Label G8WGTYN [389-BCGW] 292
Additional Opticals No Removable CD/DVD Drive GDCPVR0 [429-AATO] 105
Chassis Options Latitude 5510 Bottom Door GG7ULB3 [321-BFIZ] 116
Windows AutoPilot No Windows AutoPilot GYEO2AP [340-CKSZ] 291
EPEAT 2018 EPEAT 2018 Registered (Gold) GBU8CHM [379-BDZB] 200331
Hardware Support Services 5 Years Hardware Warranty with Onsite/ In-Home Service after Remote Diagnosi s
NBD5 [975-3461] [997-
8317] [997-8328] [997-8335]
Keep Your Hard Drive 5 Years, Federal Keep Your Hard Drive S ervice
KHDFED5 [980-9374] 159
This is non-TAA compliant Item
OptiPlex 7080 Small Form Factor
Category Description Code SKU ID
OptiPlex 7080 Small Form Factor
OptiPlex 7080 SFF BTX GITBD87 [210-AVLC] 1
Processor 10th Generation Intel® Core™ i7-10700 (8-Core, 16MB Cache, 2.9GHz to 4.8GH z, 65W)
GPODEX1 [338-BVCD] [412-
AATS]
Operating System Windows 10 Pro 64bit English, French, S panish
GF48XA1 [619-AHKN] 11
Microsoft Office No Microsoft Office License Included-30 day Trial Offer Only
GC7OFJV [658-BCSB] 1002
Memory 16GB, 2x8GB, DDR4 non-ECC Memory G3NBVRS [370-AFLD] 3
Hard Drive M.2 512GB PCIe NVMe Class 40 Solid S tate Drive
GJEHN3C [400-BEUR] [412-
AAQT] [773-BBBC]
Additional Hard Drive No Additional Hard Drive G780XKR [401-AANH] 637
Raid Connectivity NO RAID GX5Q06T [817-BBBN] 1009
Video Card Intel® Integrated Graphics GZQDA24 [490-BBFG] 6
Chassis Options OptiPlex 7080 Small Form Factor with 2 00W up to 85% efficiency (Bronze)
GMBUS4V [329-BETW] 116
Power Cord System Power Cord (US) GA5894N [450-AAOJ] 20
Optical Drive 8x DVD+/-RW 9.5mm ODD GZY3O28 [325-BDSH] [429-
ABFH]
Optical Software Cyberlink Media Suite Essentials for Win dows 10 and DVD drive (without Media)
GWNM30Y [658-BBTV] 597
Additional Storage Devices - Media Reader
No Media Card Reader Selected G4GWFVK [385-BBCR] 10
Wireless No Wireless LAN Card GE7Y41P [555-BBFO] 19
Wireless Driver No Wireless Driver GQMKF4C [340-AFMQ] 7
Stands and Mounts No Stand Option GJO5ZSE [575-BBBI] 558
Adapter No Additional Cable GIX0L8M [379-BBCY] 592
Serial Port Adapter No Parallel or Serial Port GVEYOQ7 [492-BBFF] 698
Add-in Cards No Additional Add In Cards GNV4J7Q [382-BBHX] 583
Additional Video Ports No Additional Video Ports GWFXAL0 [492-BCKH] 495
Keyboard Dell KB813 Smart Card Keyboard (US) GNR9U8H [580-AFDH] 4
75H70521Q00020 https://www.dell.com/premier/us/en/rc1197941/#/systems/pd/s016o7080sffusr https://www.dell.com/premier/us/en/rc1197941/#/systems/pd/s016o7080sffusr
Mouse Dell Optical Mouse - MS116 (Black) GWDQT3O [570-ABIE] 12
Cable Cover No Cable Cover GDT2C7Z [325-BCZQ] 376
External Speakers No External Speaker GTNM7E2 [817-BBBC] 200095
Multi-Select Monitors Dell 22 Monitor - P2219H G651GJF [861-BBEU] 496
Software Stack Dell Applications Windows 10 with Dell Optimizer
GIG5KLR [525-BBCL] [640-
BBLW] [658-
BBMR] [658-BBRB]
[658-BEOK] [658-
BEQP]
Operating System Recovery Options
OS-Windows Media Not Included GLA9OQ1 [620-AALW] 200013
ENERGY STAR ENERGY STAR Qualified G6J34SM [387-BBLW] 122
Documentation Safety/Environment and Regulatory Gui de (English/French Multi-language)
G7RB0GY [340-AGIK] 21
System Monitoring Options Dell Watchdog Timer G0M2LT3 [379-BDWG] 39
Placemat Quick Start Guide for OptiPlex 7080 SFF GXWZ9RY [340-CQNI] 60
Order Information US No Canada Ship Charge G3IA0L8 [332-1286] 111
EAN/UPC Labels Print on Demand Label GLBM3TR [389-BDQH] 292
TPM Security Trusted Platform Module (Discrete TPM Enabled)
GJMDKT6 [329-BBJL] 297
Shipping Material Shipping Material for SFF (DAO) GDKRO4V [340-CQYR] [389-
BBUU]
Label EPA Regulatory Label, 7080 Small Form Factor, 200 W PSU (DAO)
G3SRA1K [389-DVNV] 676
Hard Drive Cables and Brackets
M.2 Caddy GGPQ1ML [575-BBKX] 705
Intel Responsiveness Technologies
NO INTEL RESPONSIVE GH8DSLC [551-BBBJ] 707
Processor Label Intel® Core™ i7 vPro Processor Label G7P94MF [340-CPOZ] 749
Transportation from ODM to region
BTS/BTP Shipment GIXVG8K [800-BBIP] 200080
Protect Your New PC No Anti-Virus Software GD4K19S [650-AAAM] 1014
FGA Module 7080SFF_1H21_016/US/BTS FG0011 [998-EDRP] 572
Windows AutoPilot No Windows AutoPilot GYEO2AP [340-CKSZ] 291
Network Adapters (NIC) No Additional Network Card Selected (In tegrated NIC included)
G9MQCN3 [555-BBJO] 13
Optane No Optane GGALRD0 [400-BFPO] 200304
Systems Management Intel® vPro Technology Enabled GI4K18E [631-ACNM] 49
Internal Speaker Speaker for Tower and SFF GR068XC [520-AARD] 18
EPEAT 2018 EPEAT 2018 Registered (Silver) GTZOE2H [379-BDTO] 200331
Hardware Support Services 5 Years Hardware Service with Onsite/In -Home Service After Remote Diagnosis
NBD5 [812-3886] [812-
3890]
Keep Your Hard Drive Keep Your Hard Drive, 5 Years KYHD5Y [980-7554] 159
Subtotal (2): $3,247.19
PROVISIONS
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FEDERAL ACQUISITION REGULATION (FAR):
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: www.acquisition.gov
52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation 52.204-7 System for Award Management.
52.204-16 Commercial and Government Entity Code Reporting.
52.204-17 Ownership or Control of Offeror.
52.204-22 Alternative Line Item Proposal.
52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities.
52.209-2 Prohibition on Contracting with Inverted Domestic Corporations—Representation.
52.212-1 Instructions to Offerors—Commercial Items.
52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications.
52.204-20 Predecessor of Offeror.
(a) Definitions. As used in this provision– “Commercial and Government Entity (CAGE) code” means–
(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity; or
(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.
“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.
“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.
(b) The Offeror represents that it □ is or □ is not a successor to a predecessor that held a Federal contract or grant within the last three years.
(c) If the Offeror has indicated “is” in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):
Predecessor CAGE code: ________ (or mark “Unknown”) Predecessor legal name: _________________________ (Do not use a “doing business as” name) (End of provision)
52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Oct 2020) The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.
(a) Definitions. As used in this provision— Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Prohibition.
(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.
Nothing in the prohibition shall be construed to—
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".
(d) Representation. The Offeror represents that—
(1) It □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and
(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—
75H70521Q00020
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It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.
(e) Disclosures.
(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment—
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(ii) For covered services—
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained:
Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment—
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
(ii) For covered services—
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained:
Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision. (End of provision)
52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law.
(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that—
(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or
(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.
(b) The Offeror represents that—
(1) It is □ is not □ a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and
(2) It is □ is not □ a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. (End of provision)
52.222-22 Previous Contracts and Compliance Reports.
The offeror represents that— It □ has, □ has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation;
It □ has, □ has not filed all required compliance reports; and Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards. (End of provision)
52.212-3 Offeror Representations and Certifications-Commercial Items (Feb 2021) The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v)) of this provision.
(a) Definitions. As used in this provision— "Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.
Forced or indentured child labor means all work or service—
(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or
(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.
Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.
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Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.
Inverted domestic corporation, means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except—
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.
Reasonable inquiry has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended."Sensitive technology"—
Sensitive technology—
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3)of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
Service-disabled veteran-owned small business concern—
(1) Means a small business concern—
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veteransor, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service connected, as defined in 38 U.S.C. 101(16).
Small business concern—
(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.
(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.
Small disadvantaged business concern, consistent with13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that—
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by—
(i) One or more socially disadvantaged (as defined at13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and
(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13
CFR124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs
(1)(i) and (ii) of this definition.
Subsidiary means an entity in which more than 50 percent of the entity is owned—
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation
Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.
Veteran-owned small business concern means a small business concern—
(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 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.
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Women-owned small business concern means a small business concern—
(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least51 percent of the stock of which is owned by one or more women; and
(2) Whose management and daily business operations are controlled by one or more women.
(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 Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________.
[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.
These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]
(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.
(1) Small business concern. The offeror represents as part of its offer that it □ is, □ is not a small business concern.
(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it □ is, □ is not a veteran-owned small business concern.
(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it □ is, □ is not a service-disabled veteran-owned small business concern.
(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, that it □ is, □ is not a small disadvantaged business concern as defined in 13 CFR124.1002.
(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is, □ is not a women-owned small business concern.
(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph
(c)(5) of this provision.] The offeror represents that-
(i) It □ is, □ is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: __________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.
(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that-
(i) It □ is, □ is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: __________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.
Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.
(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is a women-owned business concern.
(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:____________________________________
(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that–
(i) It □ is, □ is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and
(ii) It □ is, □ is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.
(d) Representations required to implement provisions of Executive Order11246-
(1) Previous contracts and compliance. The offeror represents that-
(i) It □ has, □ has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and
(ii) It □ has, □ has not filed all required compliance reports.
(2) Affirmative Action Compliance. The offeror represents that-
(i) It □ has developed and has on file, □ has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or
(ii) It □ has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.
(e) Certification Regarding Payments to Influence Federal Transactions (31 http://uscode.house.gov/ U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form
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LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.
(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American-Supplies, is included in this solicitation.)
(1)
(i) The Offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product.
(ii) The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products.
(iii) The terms "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy
American-Supplies."
(2) Foreign End Products:
Line Item No. Country of Origin
[List as necessary]
(3) The Government will evaluate offers in accordance with the policies and procedures of FAR part 25.
(g)
(1) Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act, is included in this solicitation.)
(i)
(A) The Offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (iii) of this provision, is a domestic end product.
(B) The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act."
(ii) The Offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act."
Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:
Line Item No. Country of Origin
[List as necessary]
(iii) The Offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act." The Offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products.
Other Foreign End Products:
Line Item No. Country of Origin
[List as necessary]
(iv) The Government will evaluate offers in accordance with the policies and procedures of FAR part 25.
(2) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:
(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act":
Canadian End Products:
Line Item No.
[List as necessary]
(3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:
(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled
"Buy American-Free Trade Agreements-Israeli Trade Act":
Canadian or Israeli End Products:
Line Item No. Country of Origin
[List as necessary]
(4) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:
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(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act":
Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:
Line Item No. Country of Origin
[List as necessary]
(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.)
(i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled "Trade Agreements."
(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products.
Other End Products:
Line Item No. Country of Origin
[List as necessary]
(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR part 25. For line items covered by the WTO GPA, the
Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.
(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals–
(1) □ Are, □ are not presently…
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