75H70624Q00027 RFQ PKG 6.7.24.pdf

A. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice, FAR Part 12, Acquisition of Commercial Items (Title VIII of the Federal Acquisition Streamlining Act of 1994) (Public Law 103-355). This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

B. The Great Plains Area Indian Health Service (IHS) intends to award a Firm-Fixed Price, Commercial Item, Purchase Order in response to Request for Quote (RFQ) #75H70624Q00027.

C. This solicitation document and incorporated provisions and clauses are those in effect through

Federal Acquisition Circular 2024-05.

D. This RFQ is issued as 100% Small Business Set-Aside, and the associated NAICS Code is #339112, which has a small business standard size of 1,000 employees.

E. The quoted unit pricing must be all inclusive (to include but not be limited to travel, lodging, per diem, fringe benefits, federal, state and local taxes) plus all other costs pertinent to the performance of this contract. Utilize your most competitive and reasonable rates.

BRAND NAME / EQUAL

Complete the attached RFQ # 75H70624Q00027.

F. To be provided for the Woodrow Wilson Keeble Memorial Health Care Center, 100 Lake

Traverse Drive, Sisseton, SD 57262. The period of performance will be Date of Award through

45 days.

G. FAR 52.212-1 Instructions to Offerors-Commercial Products and Commercial Services (SEP

2023).

Quotes shall be submitted on company letterhead stationery, signed, dated and it shall include:

1. RFQ Number: 75H70624Q00027.

2. Closing Date: June 17, 2024 at 12PM CT.

3. Name, address, and telephone number of company. Email address of a contact person.

4. Technical description of the item/service being offered in sufficient detail to evaluate compliance with the requirements of the solicitation. This may include product literature, or other documents if necessary.

5. Terms of any express warranty.

6. Price and any discount terms.

7. Remit to address, if different than mailing address.

8. A completed copy of the representations and certifications at FAR 52.212-3. (See FAR

52.212-3(b) for those representations and certifications that the offeror shall complete electronically.)

9. Acknowledgement of Solicitation Amendments, if any issued.

10. Past Performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references including; contract numbers, points of contact with telephone numbers, and other relevant information.

11. A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offerors that fail to furnish representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

H. FAR 52.212-2 Evaluation-Commercial Products and Commercial Services (NOV 2021)

Basis of Award is Lowest Price, Technically Acceptable “LPTA” factors determining the successful contractor. The Government will not use the formal source selection process described in FAR Part 15.

I. FAR 52.212-3 Offeror Representations and Certifications-Commercial Products and

Commercial Services (MAY 2024)

See attachment for full text. The Offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certifications electronically via the

System for Award Management (SAM) website accessed through http://www.acquisition.gov. IF the Offeror has not completed the annual representations and certifications electronically, the

Offeror shall complete only paragraphs (c) through (p) of this provision.

J. FAR 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services

(NOV 2023). Applied to this acquisition and is by reference.

K. FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive

Orders-Commercial Products and Commercial Services (MAY 2024) See attachment for full text.

L. Attached are the Federal Acquisition Regulations (FAR) and Health & Human Services Acquisition

Regulation (HHSAR) clauses that are applicable including below.

M. Offers will be accepted electronically only. Submit via to the following:

Great Plains Area Indian Health Service

Attn: William Kohl, Contract Specialist

115 4th Ave SE – Room 309

Aberdeen, SD 57401

EMAIL: William.Kohl@ihs.gov

Any questions, please submit by email to: William.Kohl@ihs.gov before June 14, 2024 by 12PM

CT.

Contractors will need a Unique Entity ID (UEI) number, TIN number, and be registered with www.sam.gov.

http://www.acquisition.gov/ mailto:William.Kohl@ihs.gov mailto:William.Kohl@ihs.gov http://www.sam.gov/

The contractor must provide only new equipment and new parts for the required products described herein; no used, refurbished, or remanufactured equipment or parts shall be provided under any circumstances.

75H70624Q00027

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

IHS1490094

1 4

INDIAN HEALTH SERVICE

Division of Acquisition Management Rm 309 Fed Bldg-115 4th Ave SE

Great Plains Area

Aberdeen SD 57401

08/08/2024

IHSSISSETON

100 LAKE TRAVERSE DRIVE

SISSETON SD 57262

SISSETON

SD 57262

WILLIAM KOHL

06/17/2024 1200 CT

FOB DESTINATION

OTHER

(See Schedule)X

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

CALLTSK0095880

*** This is a 100% Small Business Set-Aside ***

Solicitation for Firm, fixed-price quote for TWO

(2) Part Number: 1.013.2914 Kavo Imaging IXS (Intra-Oral X-ray Sensor) size 1 kit and SEVEN

(7) Part Number: 1.013.2915 Kavo Imaging IXS (Intra-Oral X-ray Sensor) size 2 kit for the Sisseton Service Unit, Sisseton, SD.

Period of Performance will be date of award with delivery no later than 45 days after receipt of order.

BASIS FOR AWARD: Quoters are advised that award 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)

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 4

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

75H70624Q00027 shall be made to the Lowest Price Technically

Acceptable (LPTA) offer. Quotes will also include the following to be considered acceptable.

1. Complete and signed SF-18, Request for

Quotations

2. Provide Items per Specifications

3. Meet 45 day or less delivery schedule

Any questions regarding this solicitation shall be requested before June 10, 2024, before 12PM CT in writing by email to William Kohl, at

William.Kohl@ihs.gov.

Period of Performance: 06/17/2024 to 08/08/2024

1 Part Number: 1.013.2914 2 EA

Kavo Imaging IXS (Intra-Oral X-ray Sensor) size 1 kit.

Delivery: 08/08/2024

2 Part Number: 1.013.2915 7 EA

Kavo Imaging IXS (Intra-Oral X-ray Sensor) size 2 kit

Delivery: 08/08/2024

3 Shipping & Handling

Delivery: 08/08/2024

Period of Performance: 06/24/2024 to 08/08/2024

Quotation must set forth, full, accurate and complete information as required by the Request for Quotation (RFQ), and be returned no later than the date referenced in Block #10 of the

Request for Quotation form SF-18. All required

Quotation must set forth, full, accurate and complete information as required by the Request for Quotation (RFQ), and be returned no later than the date referenced in Block #10 of the

Request for Quotation form SF-18. All required information must be submitted in order to be considered responsive and eligible for award.

ACCEPTANCE PERIOD: Your proposal must stipulate

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

3 4

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

75H70624Q00027 that it is predicated upon all the terms and conditions of this RFQ. In addition, it must contain a statement to the effect that it is firm for a period of at least 30 days from the date of receipt by the Government. Quotation must set forth full, accurate and complete information as required by the Request for Quotation (RFQ) and be returned no later than the date reference in

Block #10 of the Request for Quotation Form

SF-18. All required information must be submitted in order to be considered responsive and eligible for award.

No contract award shall be made to any vendor or provider listed on the OIG Exclusion List http://exclusions.oig.hhs.gov throughout the duration of the contract. It shall be the responsibility of the contractor to notify the acquisition official if there is a change in provider.

Contractor must be registered with the System for

Award Management (SAM) before award can be made.

The website to register at is:

www.sam.gov.

INVOICE SUBMISSION AND PAYMENT

In compliance with the Office of Management and

Budget (OMB) M-15-19 memorandum Improving

Government Efficiency and Saving Taxpayer Dollars

Through Electronic Invoicing directing Federal agencies to adopt electronic invoicing as the primary means to disburse payment to vendors.

Invoices submitted under any award resulting from this solicitation will be required to utilize the

Invoice Processing Platform (IPP) in accordance with HHSAR 352.232-71, Electronic Submission and

Processing of Payment Requests.

IPP is a secure, web-based electronic invoicing system provided by the U.S. Department of the

Treasury?s Bureau of the Fiscal Service, in partnership with the Federal Reserve Bank of St.

Louis (FRSTL). Respondents to this solicitation are encouraged to register an account with IPP if they have not already done so. If your organization is already registered to use IPP, you will not be required to re-register, however, we encourage you make sure your organization and designated IPP user accounts are valid and up to date.

Continued ...

4 4

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

75H70624Q00027

The IPP website address is: https://www.ipp.gov.

If you require assistance registering or IPP account access, please contact the IPP Helpdesk at (866) 973-3131 (M-F 8AM to 6PM ET), or

IPPCustomerSupport@fiscal.treasury.gov.

The Contractor shall submit a signed and approved invoice to request payment. For services, it should be submitted at least on a monthly basis.

The Contractor shall include the following information on each invoice in accordance with the Prompt Payment Act (5 CFR Part 1315.9(b)):

1. Contractor's name;

2. Invoice number and date;

3. Entire award number (Purchase Order

Number/Delivery Order Number/Contract Number) or other authorization number for delivery of goods or services;

4. Description (including dates of service), price, and quantity of goods and services rendered;

5. Shipping and payment terms;

6. SAM Unique Entity ID and Taxpayer Identifying

Number (TIN); and

7. Contact name (where practicable), title and telephone number.

Payment shall be made by the:

GREAT PLAINS AREA

INDIAN HEALTH SERVICE

DIVISION OF FINANCIAL MANAGEMENT

114 5TH AVE SE

ROOM 309 FEDERAL BUILDING

ABERDEEN, SOUTH DAKOTA 57401.

The Government reserves the right to accept or reject services if the level of work is unsatisfactory.

About DEXIS DEXIS innovation is nothing new. After all, our recognized, trusted products are built on over 200 years of dental imaging expertise, combining leading brands including i-CAT™, Gendex™, Instrumentarium, SOREDEX™, and NOMAD™ Pro 2. Today, over 150,000 offices trust DEXIS products around the world.

DEXIS now includes a full portfolio of products including CBCT and intraoral scanners, our legacy digital sensors and handheld x-ray system and DTX Studio™ Clinic, the next generation software. This complete digital solution works seamlessly together as well as with other systems to enhance the way you diagnose, plan, and treat patients in your practice. Elevate your patient outcomes with greater confidence — across the patient journey. With DEXIS proven solutions, you’ll be able to treat patients from consultation to diagnosis to treatment to surgery and deliver appliances, all with the efficiency that you come to expect with the DEXIS brand you already know.

DEXIS | 450 Commerce Drive | Quakertown PA 18951 | USA | 1-888-88-DEXIS | DEXIS.com

The products, equipment and services illustrated and described in this brochure reflect knowledge at the time of printing. Dental Imaging Technologies Corporation accepts no liability for any deviation from the illustrations in terms of color or shape, or any errors or print errors, and retains the right to make changes to the brochure at any time. Full or partial reprinting is only permitted with permission from Dental Imaging Technologies Corporation. For indica-tions for use, please visit: DEXIS.com

Dental Imaging Technologies Corporation reserves the right to make changes to specifications and features shown herein, or to discontinue the product described at any time without notice or obligation. Contact your local authorized representative for the most current information. Manufactured by Dental Imaging Technologies Corporation.

© Dental Imaging Technologies Corporation. All rights reserved. DX00307/RevB

D E

X

IS

I X

S

Yo ur im ag in g w or kh or se

The durable inner jacket protects the inner components of the cable, making it more resistant to bite force and accidental harsh events.

Copper alloy shielding protects high speed USB communication from interference.

Kevlar®-reinforced strands increases bend cycle, helping to extend life of cable.

Advanced signal and signal-return wires help to improve communication between your device and your computer.

Durable power and power-return wires help keep your device operating at optimum charge.

Put DEXISTough™ to the test.

Simply a higher standard.

DEXIS IXS digital intraoral X-ray sensors work hard for you so you can focus on your patients. Backed by a long-standing commitment to quality, DEXIS products are engineered at the highest standards for product testing, integrity and reliability.

DEXISTough™ — Where reliable performance meets durable design.

With DEXIS IXS, every component has a purpose. Built to last, your DEXIS IXS system is your personal X-ray acquisition workhorse.

Impact-resistant housing The rugged, resilient housing features a thermoplastic resin coating, which makes DEXIS IXS more resistant to cracks and breakage. Featuring a proprietary dome surface design, DEXIS IXS sensors are engineered and proven to withstand significant stress or pressure*.

Resilient cable components The innovative composition of the DEXIS IXS cable features a powerful sensor-to-cable connection that helps to eliminate connectivity issues. Directly fused to the USB housing, the external jacket offers robust protection from twisting, tugging, and other external forces such as bite pressure.

Inner strength A copper alloy shield protects the internal components of the sensor. Kevlar®-reinforced strands pad the cable jacket for added durability and resilience to withstand your practice’s most demanding day.

2 3

*As compared to DEXIS Platinum sensor. Data on file.

Sharp images.

Sharp diagnostics.

DEXIS IXS surpasses low-cost sensors in image clarity, sharpness, and detail—often at lower exposure settings. Delivering crisp, clear images, DEXIS IXS helps you to provide confident, accurate diagnoses to your patients.

Improved contrast DEXIS IXS captures consistent images with improved contrast between various radiodensities, across a broader spectrum of radiation levels.

Less noise, more detail DEXIS IXS delivers a high contrast-to-noise ratio. A clearer, cleaner, more defined radiograph reveals imperative details about your patient’s dental health, for confidence in diagnosis and treatment planning.

Dose flexibility With dynamic dose range, DEXIS IXS consistently captures clear radiographs at a wide range of exposure settings. Trust that DEXIS IXS will produce consistently clear images, even on low-dose settings.

The SimplySmart choice.

Built-in compatibility DEXIS IXS works seamlessly with the most popular image acquisition and practice management software. No need to purchase or learn new imaging systems.

Ready-to-go Upon your first use of DEXIS IXS, your software will seamlessly upgrade to the latest version to ensure you are ready-to-go instantly.

Calibrate with ease DEXIS IXS calibration files are saved automatically onto your system without any setup from you and your staff.

Seamless routine updates DEXIS IXS software and any associated updates can be automatically pushed to your computer. No downtime while you update. No need to manage discs or thumb drives. No calling tech support for help.

Up-to-date and ready to go, always.

DEXIS IXS is compatible with DTX Studio™ Clinic. Connecting treatments from beginning to end, DTX Clinic suite is the single software interface for all your digital dental needs.

Image quality enhancements.

Adding new sensors to your practice can often come with its own set of challenges—but not anymore. Packed with intuitive SimplySmart innovations, DEXIS IXS makes reliable, durable sensor technology readily available and easy to use.

SimplySmart™ — Advanced sensor technology, simplified.

4 5

DEXIS IXS child sensor (size 1) DEXIS IXS std sensor (size 2)

Dimensions 25.2 x 37.0 m 30.4 x 42.3 mm

Active area 20.2 x 30.1 mm 26.0 x 36.0 mm

Pixel size 19.5 μm 19.5 μm

Number of pixel 1.6M (1026 x 1539) 2.4M (1324 x 1842)

Resolution Theoretical: 25.6 lp/mm Visible: 20+ lp/mm Theoretical: 25.6 lp/mm Visible: 20+ lp/mm

USB port USB 2.0 / USB 3.x USB 2.0 / USB 3.x

Cable length/ diameter 2.5 m /3 mm 2.5 m /3 mm

Cable material Kevlar® reinforced Kevlar® reinforced

Driver DEXIS_IO-Sensor 1.5 or higher DEXIS_IO-Sensor 1.5 or higher

Sensor technology Enhanced CMOS (CsI scintillator + optical fibers) Enhanced CMOS (CsI scintillator + optical fibers)

Mfg. warranty 1 year, unconditional 1 year, unconditional

IoT connectivity Device health monitoring, automatic SW updates Device health monitoring, automatic SW updates

Device protection/ safe guards Over current, over voltage, low power Over current, over voltage, low power

Technical specifications.RiteSize—Putting your patients at ease.

No pointed edges The anatomical design of DEXIS IXS features smooth, generously rounded corners and edges.

Constructed to fit more comfortably inside your patient’s mouth, DEXIS IXS is easy to place intraorally for any clinician.

Low-profile cable Housed in a small, sloped dome, the ultra-thin cable is easy for patients to tolerate and practitioners to position. The smaller cable design allows the patient greater closure, increasing the amount of viewable anatomy captured on your image.

Light weight The portable USB design eliminates the need for external components on the cable, reducing weight and patient jaw fatigue.

Close fit Featuring a unique ergonomic shape, DEXIS IXS sensors can be easily placed closer to the patient’s anatomy for more efficient and accurate image capture.

Choose your accessories DEXIS IXS sensors come with custom designed accessories, made to fit perfectly.

These specially designed holders allow the cables to exit without extreme bending, which can often damage the sensor and impact signal transmission.

Compatible with industry standard positioning systems, DEXIS IXS can also be used with the accessories of your choice.

DEXIS RiteSize ensures a more comfortable fit for patients of any size. With two sensor sizes to choose from—size 1 and size 2—DEXIS IXS is customizable to adult patients, children, patients with tori, and more.

DEXIS RiteSize™ — The right fit for any patient.

6 7

Exclusive sensor health data.

To create the best owner experience, we have developed a new system to gather data for your DEXIS IXS sensors health to help keep your practice running smoothly and minimize downtime.

Opt-in to DEXIS Connect today for easy sensor installation and automation.

CLAUSES INCORPORATED BY REFERENCE

Firm-Fixed Price, Commercial

FAR CITATION: 52.252-2 Clauses Incorporated by Reference (FEB 1998)

I. Federal Acquisition Regulations (FAR) (48 CFR Chapter 1) Clauses

No. FAR Citation Clause Title Clause Date

1. 52.204-7 System for Award Management OCT 2018

2. 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

JUN 2020

3. 52.204-13 System for Award Management Maintenance OCT 2018

4. 52.204-16 Commercial and Government Entity Code Reporting AUG 2020

5. 52.204-17 Ownership or Control of Offeror AUG 2020

6. 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020

7. 52.204-19 Incorporated by Reference of Representations and Certifications DEC 2014

8. 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment

NOV 2021

9. 52.211-6 Brand Name or Equal AUG 1999

10. 52.211-17 Delivery of Excess Quantities SEP 1989

11. 52.212-1 Instructions to Offerors-Commercial Products and Commercial Services

SEP 2023

12. 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services

NOV 2023

13. 52.223-1 BioBased Product Certification MAY 2024

14. 52.225-13 Restrictions on Certain Foreign Purchases FEB 2021

15. 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications

JUN 2020

16. 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

17. 52.232-40 Providing Accelerated Payments to Small Business Subcontractors MAR 2023

18. 52.247-34 F.o.b.-Destination NOV 1991

19. 52.253-1 Computer Generated Forms JAN 1991

CLAUSES INCORPORATED IN FULL TEXT

II. Federal Acquisition Regulations (FAR) (48 CFR Chapter 1) Clauses

No. FAR Citation Clause Title Clause Date

1. 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

2. 52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial Services

MAY 2024

3. 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Products and Commercial Services

MAY 2024

4. 52.217-8 Option to Extend Services NOV 1999

5. 52.252-1 Solicitation Provisions Incorporated by Reference FEB 1998

6. 52.252-2 Clauses Incorporated by Reference FEB 1998

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or

Equipment.

As prescribed in 4.2105(a), insert the following provision:

Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment

(Nov 2021)

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 Products or Commercial Services.

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—

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)

52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services.

As prescribed in 12.301(b)(2), insert the following provision:

Offeror Representations and Certifications—Commercial Products and Commercial Services (May 2024)

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

(a) Definitions. As used in this provision—

Covered telecommunications equipment or services has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or

Equipment.

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United

States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

Forced or indentured child labor means all work or service—

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

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

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

Immediate owner means an entity, other than the offeror, that has direct control of the offeror.

Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

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

Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the

Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Reasonable inquiry has the meaning provided in the clause 52.204-25, Prohibition on Contracting for

Certain Telecommunications and Video Surveillance Services or Equipment.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174).

Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern

Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the

Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended. "Sensitive technology"—

Sensitive technology—

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

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

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

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3)of the International Emergency

Economic Powers Act (50 U.S.C. 1702(b)(3)).

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

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

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

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

(see subpart 19.14).

(3) Service-disabled veteran, as used in this definition, means a veteran as defined in 38 U.S.C. 101(2), with a disability that is service connected, as defined in 38 U.S.C. 101(16), and who is registered in the

Beneficiary Identification and Records Locator Subsystem, or successor system that is maintained by the

Department of Veterans Affairs’ Veterans Benefits Administration, as a service-disabled veteran.

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

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

(2) Has represented that it is an SDVOSB concern in SAM and submitted a complete application for certification to SBA on or before December 31, 2023.

Service-disabled veteran-owned small business (SDVOSB) Program means a program that authorizes contracting officers to limit competition, including award on a sole-source basis, to SDVOSB concerns eligible under the SDVOSB Program.

Small business concern—

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

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

Small disadvantaged business concern, consistent with 13 CFR 124.1001, means a small business concern under the size standard applicable to the acquisition, that—

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

(i) One or more socially disadvantaged (as defined at13 CFR 124.103) and economically disadvantaged

(as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding the threshold at 13

CFR 124.104(c)(2) after taking into account the applicable exclusions set forth at 13 CFR124.104(c)(2);

and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR

124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

Subsidiary means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term

"successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

Veteran-owned small business concern means a small business concern—

(1) Not less than 51 percent of which is owned and controlled by one or more veterans (as defined at 38

U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

Women-owned business concern means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women

Women-owned small business concern means a small business concern—

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least51 percent of the stock of which is owned by one or more women; and

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

Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with

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

(b) (1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph

(b)(2) of this provision do not automatically change the representations and certifications in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR

52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see

FAR 4.1201), except for paragraphs __.

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

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

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

(c) Offerors must complete the following representations when the resulting contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii). Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that—

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

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

121.103(h) and 13 CFR 125.8(a) and (b). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: ____________.]

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

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

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

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

(5) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is, □ is not a small disadvantaged business concern as defined in 13 CFR 124.1001.

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

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

(8) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents that it □ is, □ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ____________.]

Note to paragraphs (c)(9) and (10): Complete paragraphs (c)(9) and (10) only if this solicitation is expected to exceed the simplified acquisition threshold.

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

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

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

(i) It □ is, □ is not a HUBZone small business concern listed, on the date of this representation, as having been certified by SBA as a HUBZone small business concern in the Dynamic Small Business Search and

SAM, and will attempt to maintain an employment rate of HUBZone residents of 35 percent of its employees during performance of a HUBZone contract (see 13 CFR 126.200(e)(1)); and

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

(d) Representations required to implement provisions of Executive Order11246- (1) Previous contracts and compliance. The offeror represents that-

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

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

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

(i) It □ has developed and has on file, □ has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor

(41 CFR parts 60-1 and 60-2), or

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

(e) Certification Regarding Payments to Influence Federal Transactions (31 http://uscode.house.gov/

U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of

Congress on his or her behalf in connection with the award of any resultant contract.