75H70624Q00083 Solicitation Supporting Documents.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) 75H70624Q00083.

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

Federal Acquisition Circular 2024‐06.

D. This RFQ is issued as 100% Indian Small Business Economic Enterprises (ISBEE) Set‐Aside, and the associated NAICS Code is #541620, which has a small business standard size 1,250 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.

Complete the attached Bid Schedule for:

1. Environmental Site Assessment (ESA) & Hazard Material Asbestos Survey (HMAS) – Rosebud, SD

Total amount of all items requested ‐ $_____________________.

F. To be provided for the Great Plains Area (GPA) Office of Environmental & Health Department (OEH‐

Rosebud Quarters). Location of service is: Rosebud IHS Hospital located at 400 Soldier Creek Dr, Rosebud, SD 57570. See Statement of Work (SOW) attached. The period of performance will be Date of

Award through 60 days.

G. FAR 52.212‐1 Instructions to Offerors‐Commercial Products and Commercial Services (Nov 2021).

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

1. Solicitation number RFQ‐75H70624Q00083.

2. Closing Date: September 18, 2024 at 12:00 pm CST.

3. Name, address and telephone number of company and email address of 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. Acknowledgment 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 required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

H. FAR 52.212‐2 Addendum ‐ Evaluation – Commercial Items (November 2021) – See attachment for full text.

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

15. The Government will evaluate quotations utilizing the procedures of FAR 13.106‐2 Evaluation of quotations or offers. Offers will be evaluated for acceptability, but not ranked using the non‐price factors/sub‐factors. All non‐price factors and sub‐factors will be rated as either “acceptable” or

“unacceptable”. The Government intends to evaluate and make award without discussion with the offerors other than minor clarifications, unless discussions are determined to be necessary. A decision on the technical acceptability of each offeror’s quotations will be made. For those offeror’s which are determined to be technically acceptable, award will be made to that vendor with the lowest overall prices.

The LPTA evaluation process will be accomplished as follows ‐ Technical Acceptability will be comprised of three subfactors: 1.) Meeting all areas under the Statement of Work; “SOW”; 2.) Price; and 3)

Delivery.

1) Shall provide the items stated in the SOW.

2) Price: The Pricing Schedule must be completed for all line items and will be evaluated as to completeness and reasonableness. The offeror with the lowest technically acceptable prices represents the best value for the Government.

3) Delivery: fulfill order in sixty (60) days.

I. FAR 52.212‐3 Offer 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 certification 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

2021). Applied to this acquisition and it’s 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) & Health & Human Services Acquisition

Regulation (HHSAR) clauses that are applicable including below.

M. Offers will be accepted electronically, Submit via e‐mail to the following:

Great Plains Area Indian Health Service

Attn: DeAnne Dolphus, Contract Specialist

115 4th Ave; Room 309

Aberdeen, SD 57401

Email: Ursula.Maslonka@ihs.gov

Any questions, please submit by email to: deanne.dolphus@ihs.gov; before September 16, 2022 by

10:00 am CST.

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

Absolutely no “Gray Market Goods” or “Counterfeit Electronic Parts” shall be provided. Gray Market

Goods are defined as genuine branded goods intentionally or unintentionally sold outside of an authorized sales‐territory or by non‐authorized dealers in an authorized territory. All equipment shall be accompanied by the Original Equipment Manufacturers (OEM’s) warranty. Counterfeit Electronic Parts are defined as unlawful or unauthorized reproduction, substitution, or alteration that has been knowingly mismarked, misidentified, or otherwise misrepresented to be an authentic, unmodified electronic part from the original manufacturer, or a source with the express written authority of the original manufacturer or current design activity, including an authorized aftermarket manufacturer.

Unlawful or unauthorized substitution includes used electronic parts represented as new, or the false identification of grade, serial number, lot number, date code, or performance characteristics.

The Office of Management and Budget (OMB) mandates that U.S. federal agencies use the Internet

Protocol version 6 (IPv6). In November 2020, OMB issued memorandum M‐21‐07 "Completing the

Transition to IPv6", which outlines the Federal government's strategic intent "to deliver its information services, operate its networks, and access the services of others using only IPv6". The IHS requires all new IT systems (hardware and software) to operate in a pure IPv6 network environment. This includes on‐premises services or third party hosted services that require network integration into the IHS network. The Offeror's solution shall comply with the IPv6 standards profile as defined by the NIST

USGv6 Program: https://www.nist.gov/programs‐projects/usgv6‐program.

Invoice Processing Platform (IPP)

The Indian Health Service (IHS) is in the process of implementing an electronic invoicing system. 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 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.

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

Should the contractor feel that use of the IPP would be unduly burdensome, their response to this solicitation should include an explanation of this position for a determination by the contracting officer.

STATEMENT OF WORK

PHASE 1 ENVIRONMENTAL SITE

ASSESSMENT AND HAZARDOUS

MATERIAL AND ASBESTOS SURVEY

REPORTS

GP23AW803Z06

ROSEBUD, SD

APRIL 2024

Table of Contents

1. COORDINATION, LOCATION, AND TIMELINE

2. INTRODUCTION & PURPOSE

3. SCOPE

4. REQUIREMENTS

5. CONSTRUCTION ITEMS

6. RESPONSIBILITIES

7. COORDINATION

8. SUPERINTENDENT

9. PERFORMANCE PERIOD

10. INFECTION CONTROL & INTERIM LIFE SAFETY MEASURES

11. SAFETY AND SECURITY

12. RESTORATION

13. WARRANTY

14. DELIVERABLES

15. TRIBAL EMPLOYMENT RIGHTS OFFICE (TERO) REQUIREMENTS

BID SCHEDULE

APPENDIX A – PROJECT LOCATION

APPENDIX B – ROSEBUD OLD QUARTERS

STATEMENT OF WORK

PHASE 1 ESA & HMAS

ROSEBUD, SD

1. COORDINATION, LOCATION, AND TIMELINE

Contract Officer Representative (COR):

Stottin Newbrough Project Engineer Stottin.Newbrough@ihs.gov Telephone: 605-719-4054

Location:

Rosebud, SD

Timeline:

90 Calendar Days

2. INTRODUCTION & PURPOSE

This project shall produce Phase 1 Environmental Site Assessment (ESA) and Hazardous Materials and Asbestos Survey (HMAS) reports for the Rosebud Old Quarters Campus.

Hazardous materials shall include asbestos, lead-based paint (LBP), mold, mercury-containing materials, polychlorinated biphenyls (PCBs), chlorofluorocarbons (CFCs), hydrochlorofluorocarbons (HCFCs), oil and oil products (including treated timbers), household hazardous waste (paints, varnishes, solvents, and cleaning chemicals), fuel oil tanks, miscellaneous hazardous materials, solid waste, and radon. Locations are shown in Appendix B.

The purpose of these assessments and surveys is to gather sufficient information to develop an independent professional opinion about the property's environmental condition and to identify actual or potential environmental contamination.

3. SCOPE

The project defined within this Statement of Work is the Phase 1 Environmental Site Assessment and Hazardous Material and Asbestos Survey Report for multiple Rosebud IHS quarters. A cost estimate for remediation shall be provided for each finding during the survey. The project includes all labor, transportation, and supplies to complete the survey and report.

The contractor shall provide a certified inspector/s to perform the Phase 1 ESA per ASTM E1527-21. A hazardous material and asbestos building and site survey shall also be provided for the buildings.

The contractor shall review the building and conduct a site investigation to determine the site conditions. The structure and site may be disturbed only as necessary to inspect and understand the environmental hazards that may be present.

Bulk samples from suspected hazardous materials shall be collected and further tested at a certified laboratory using appropriate standard testing methods.

The contractor shall ensure all personnel use appropriate personal protective equipment on-site.

1. Rosebud Old Quarters

Building Name Building Number Year Built

Real Property Installation

Number

Existing Gross Area (Square Meter)

Single Family, 3BR 00N01 1959 11547 275 Single Family, 2BR 00N02 1961 11547 210 Single Family, 3BR 00N03 1961 11547 246 Single Family, 3BR 00N04 1961 11547 246 Single Family, 3BR 00N05 1961 11547 246 Single Family, 2BR 00N06 1962 11547 210 Single Family, 2BR 00N07 1962 11547 210 Single Family, 2BR 00N08 1962 11547 210 Single Family, 4BR 00N09 1962 11547 262 Single Family, 2BR 00N10 1963 11547 210 Single Family, 3BR 00N11 1963 11547 246 Single Family, 3BR 00N12 1963 11547 246 Single Family, 2BR 00N13 1963 11547 210 Apartment Complex 00N14 1964 11547 359

Apartment, 1BR 00N14-303 1964 11547 67 Apartment, 1BR 00N14-304 1964 11547 67 Apartment, 1BR 00N14-305 1964 11547 67 Apartment, 1BR 00N14-306 1964 11547 67

Apartment Complex 00N15 1965 11547 359 Apartment, 1BR 00N15-307 1965 11547 67 Apartment, 1BR 00N15-308 1965 11547 67 Apartment, 1BR 00N15-309 1965 11547 67 Apartment, 1BR 00N15-310 1965 11547 67

Single Family, 2BR 00N16 1965 11547 210 Single Family, 3BR 00N17 1965 11547 246 Single Family, 2BR 00N18 1965 11547 210 Single Family, 3BR 00N19 1965 11547 246 Trailer T1002 1968 11547 372 Trailer T1003 1967 11547 97

Apartment Complex 00034 1931 11547 287 Apartment, 1BR 00034-311 1931 11547 85 Apartment, 1BR 00034-312 1931 11547 57 Apartment, 1BR 00034-313 1931 11547 57

Single Family, 2BR 00035 1936 11547 198 Transient Quarters 00036 1915 11547 318 Apartment Complex 00048 1941 11547 471

Apartment, 1BR 00048-300 1941 11547 44 Apartment, 1BR 00048-301 1941 11547 52 Apartment, 1BR 00048-302 1941 11547 52

Single Family, 2BR 00102 1950 11547 148 Storage 00001 1962 11547 178 Storage T0002 UN 11547 UN

4. REQUIREMENTS

The contractor shall perform the following.

1. The contractor shall obtain all required permits, insurance, and fees, federal and tribal, required of a general contractor working in Nebraska.

2. The contractor shall provide a project schedule within 14 days after the contract award and a complete report within 30 days after the competition of assessment and survey for each building. Each report shall include, but is not limited to, the following:

a. Phase 1 ESA and Hazardous Material, LBP, and Asbestos Report

b. Methods of testing

c. Findings, opinions, and recommendations

d. Site Overview

e. Historical and environmental information

f. Records review

g. The site and adjoining property reconnaissance

h. Interviews

i. References

j. Test results and locations of hazards

k. Rough cost estimates for required remediation or potential demolition and disposal activities

l. Site diagram, site photographs, figures, property information, qualifications of environmental professionals, certificate of insurance, etc.

5. CONSTRUCTION ITEMS

N/A

6. RESPONSIBILITIES

The contractor shall be responsible for the professional quality, technical accuracy, and coordination of all surveys, reports, and other services furnished under this contract. Without additional compensation, the contractor shall correct or revise any errors or deficiencies in its reports.

7. COORDINATION

After the contractor receives a signed contract, they will arrange a scoping visit with the COR to coordinate the project. The IHS project team, which includes the COR, Service Unit Facility Manager, and other Service Unit IHS staff, will hold a meeting at the designated location or virtually.

Preliminary site visits shall be coordinated with the COR and Facility Manager during the proposal stage.

8. SUPERINTENDENT

The contractor shall always have a designated and qualified superintendent for the project.

The Superintendent shall be disclosed in writing with the name, office location, office number, and cell phone number. The Superintendent shall be the designated person by the contractor who will represent the contractor on-site during all times when work is taking place.

9. PERFORMANCE PERIOD

This contract's performance period is 90 days from the Notice to Proceed (NTP).

10. INFECTION CONTROL & INTERIM LIFE SAFETY MEASURES

N/A

11. SAFETY AND SECURITY

The contractor shall be responsible for the safe progress of the work and shall ensure that tenants are not allowed access to unsafe areas or conditions during the work. The contractor shall afford all staff and visitors professional courtesy during the project.

The Indian Health Service is not responsible for securing the contractor’s tools, equipment, or materials during the project.

12. RESTORATION

The contractor shall restore all areas disturbed by the project to a condition equal to that existing before the project and minimize interference to the tenants during the project.

13. WARRANTY

N/A

14. DELIVERABLES

At a minimum, deliverables are required for the following items:

1. Project schedule

2. Resumes of qualified individuals performing the services

3. Phase 1 Environmental Site Assessment Report – Each building per location

4. Hazardous Material, Lead-Based Paint, and Asbestos Survey Report – Each building per location

5. Cost Estimates

15. TRIBAL EMPLOYMENT RIGHTS OFFICE (TERO)

REQUIREMENTS

Contractors working on any Indian Reservation must comply with the Indian preference and Indian preference program requirements administered by the Tribal Employment Rights Office (TERO).

Typical requirements of TERO include a percentage fee on the total contract price.

Contractors are strongly encouraged to contact the TERO office at 605-747-2322 for an explanation of tribal requirements, required fees, and permits.

BID SCHEDULE

PHASE 1 ESA AND HMAS

GP23AW803Z06

Est. Unit Total

Item Description Qty. Unit Cost Cost

Phase 1 ESA and HMAS – Rosebud, SD

(19) Single Family Homes 1 Job $ $

Phase 1 ESA and HMAS – Rosebud, SD

(4) Apartment Complexes 1 Job $ $

Phase 1 ESA and HMAS – Rosebud, SD

(2) Trailers 1 Job $ $

Phase 1 ESA and HMAS – Rosebud, SD

(2) Storage Buildings 1 Job $ $

Phase 1 ESA and HMAS – Rosebud, SD

(1) Transient Building 1 Job $ $

Total $

APPENDIX A – PROJECT LOCATION

APPENDIX B – ROSEBUD OLD QUARTERS

Bullhead Health Station

Cherry Creek HS

Cheyenne River Sioux Tribal Field

Health Clinic

Flandreau Santee Sioux

Trb Hc

Ft. Thompson Health Center

Great Plains Area Youth Regional

Treatment Center

Kyle Health Center

Lacreek District Clinic

Manderson Health Station

Native Women's Health Care

Oglala Sioux Tribal Health Program

Pierre Indian Learning Center

Red Scaffold Health Station

Rosebud Hospital

Santee Sioux Health Center

South Dakota Urban Indian Health, Inc. Sioux Falls

Swiftbird HS

Wagner Health Center

Wanblee Health Center

White Horse HS

Woodrow Wilson Keeble Health Care Center

GPA Facilities Map - by State

Esri, HERE, Garmin, FAO, NOAA, USGS, EPA, NPS

IHS Health Facilities - All Facilities

Health Center

Health Station

Alcohol and Substance Abuse Treatment

Hospital

Health Location

Other

Other

USA Native Lands

IHS Areas

Great Plains

9/8/2023 0 40 8020 mi

0 60 12030 km

1:3,500,000

C.SAWAZKY

snewbrough Cloud

DEPARTMENT OF HEALTH & HUMAN SERVICES

Indian Health Service

Office of Management Services Division of Acquisition Policy (DAP)

5600 Fishers Lane Rockville, MD 20857

INDIAN HEALTH SERVICE

BUY INDIAN ACT

INDIAN ECONOMIC ENTERPRISE

REPRESENTATION FORM

SOLICITATION/SOURCES SOUGHT/RFI #: _________________________________________________

PROJECT TITLE: ________________________________________________________

DATE: ___________________________________________________________________

In accordance with 25 U.S.C. 47 the Buy Indian Act, the signature below constitutes self-certification that the Offeror meets the definition of an “Indian Economic Enterprise” (HHSAR 326.601) in response to this Sources Sought Notice, Request for Information (RFI) or Solicitation and resultant contract.

The enterprise must meet the definition of “Indian Economic Enterprise” throughout the following time periods:

(1) At the time an offer is made in response to this solicitation;

(2) At the time of contract award; and

(3) During the full term of the contract performance period. At any point during these periods, if the Contractor no longer meets the eligibility requirements, the contractor must provide immediate written notification to the Contracting Officer.

Individual Contracting Officers may require documentation of eligibility before awarding a set-aside or sole source contracts under the Buy Indian Act and awards may be subject to protest if the eligibility of the successful Offeror is in question. In addition to the self-certification requirements, successful Offerors must also be registered with the System of Award Management (SAM).

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

The Offeror represents as part of its offer that it does _____, does not _____ meet the definition of an “Indian Economic Enterprise” with “Indian Ownership” under the authority of the Buy Indian Act.

Name of the 51% owner of IEE Firm

Certifying Signature

Print Name

Name of Federally Recognized Tribal Entity

Business Name

DUNS Number

PROVISIONS AND CLAUSES INCORPORATED BY REFERENCE

52.252‐1 ‐‐ Solicitation Provisions Incorporated by Reference (Feb 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): https://www.acquisition.gov/far.

(End of Provision)

52.252‐2: Clauses Incorporated by Reference. (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text.

Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): https://www.acquisition.gov/far.

(End of Clause)

Federal Acquisition Regulations (FAR) (48 CFR Chapter 1) Provisions and Clauses Incorporated by Reference

NO. FAR Citation Clause Title Clause Date

1. 52.204‐7 System for Award Management October 2018

2. 52.204‐13 System for Award Management Maintenance October 2018

3. 52.204‐16 Commercial and Government Entity Coding August 2020

4. 52.204‐17 Ownership or Control of Offeror August 2020

5. 52.204‐18 Commercial and Government Entity Code Maintenance August 2020

6. 52.204‐19 Incorporation by Reference of Representations and Certifications December 2014

7. 52.211‐6 Brand Name or Equal August 1999

8. 52.212‐1 Instructions to Offerors‐Commercial Products and Commercial Services

September 2023

9. 52.212‐4 Contract Terms and Conditions—Commercial Products and Commercial Services.

November 2023

10. 52.225‐25 Prohibition on Contracting With Entities Engaging in Certain Activities or Transactions Relating to Iran— Representation and Certifications

June 2020

11. 52.232‐39 Unenforceability of Unauthorized Obligations June 2013

12. 52.232‐40 Providing Accelerated Payments to Small Business Subcontractors

November 2021

13. 52.247‐34 F.o.b. Destination November 1991

14. 52.253‐1 Computer Generated Forms January 1991

CLAUSES INCORPORATED IN FULL TEXT

I. ral 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.

November 2021

2. 52.209‐11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law

February 2016

3. 52.212‐3 Offeror Representations and Certifications ‐‐ Commercial Products and Commercial Services

May 2024

4. 52.212‐5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders ‐‐ Commercial Products and Commercial Services

May 2024

52.204‐24 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 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) initions. 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 SurveillanceServices or Equipment.

(b) ibition.

(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, orextending 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 thatconnects 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 cannotpermit 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 usescovered 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 thatconnects 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 cannotpermit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) cedures. 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) resentation. The Offeror represents that—

(1) It □ will, □ will not provide covered telecommunications equipment or services to the Government inthe 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" inparagraph (d)(2) of this section.

(e) closures.

(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 partof 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; modelnumber, 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 factorsrelevant 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 telecommunicationsservices 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; modelnumber, 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 factorsrelevant 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 telecommunicationsservices 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 ofthe 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 (Feb 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing AppropriationsAct, 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 adetermination 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 24months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarmentof 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 whichall judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timelymanner 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 lawwithin the preceding 24 months.

(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…