Combined Synopsis_Solicitation.pdf

Combined Synopsis/Solicitation for

Kardex Vertical Lift Unit (VLU) System (Kardex Shuttle 500)

The Internal Revenue Service (IRS), Midstate’s Procurement Branch requires the purchase and installation of one (1) automated brand-name Kardex Vertical Lift Unit (VLU) System for the IRS National Distribution Center (NDC). The VLU must include order picking/putaway hardware and licensing compatible with existing Kardex Power Pick System (Kardex Shuttle 500). This requirement is set-aside for small businesses.

This requirement is mission critical for the Internal Revenue Service (IRS) National Distribution Center (NDC) operations and necessary to replace an end-of-life storage systems due to frequent equipment failures and repair parts obsolescence leading to excessive production downtimes and to maintain the required levels of service for Taxpayer Service’s Media & Publications Distribution services program.

The VLU must meet existing system hardware, software, and licensing requirements.

Sources who believe they can provide the product/service listed in the Statement of Work (SOW) must submit a price quote and respond to all highlighted sections in writing no later than 4:00pm EST on Friday, August 30th, 2024, to Contract Specialist Rownak.B.Iqbal@irs.gov and Contracting Officer Cathy.S.Collier@irs.gov. Vendors must submit all questions by Tuesday, August 27th, 2024.

The North American Industry Classification System Code (NAICS) for this acquisition is: 334112, Computer Storage Device Manufacturing. The small business size standard is 1250 employees. The PSC Code is 7490

Contractors are required to register with the System for Award Management (SAM) at http://www.sam.gov and must have an active record at the time of submission of their price quote.

Responses shall include, at a minimum, the following information:

1. The name of your company;

2. Company DUNS and UEI;

3. POC name and contact information;

4. Price quote;

5. Responses to Additional Requirements, Clauses, and Provisions.

http://www.sam.gov/

Request for Quote (RFQ) for Kardex Vertical Lift Unit (VLU) System Solicitation Number: 5000197867-24-VLU

Requirement: One (1) automated brand-name Kardex Vertical Lift Unit (VLU) System and installation.

Period of Performance:

09/30/2024 – 01/29/2025

Point of Contact:

Contacting Specialist:

Name: Rownak B. Iqbal Email: rownak.b.iqbal@irs.gov

Contracting Officer:

Name: Cathy S. Collier Email: cathy.s.collier@irs.gov.

Vendor Instructions:

1. Pricing: Provide best government price and include a breakdown of unit price, and total price for each item. Include SAM Unique Identifier Number (UEI) and CAGE CODE on Quote.

2. Warranty: The vendor’s commercial warranty shall apply and should be stated in the proposal.

The information should be a brief statement that a warranty exists, the substance of the warranty, the duration, and claim procedure, if applicable.

3. Cancellation: The Government reserves the right to cancel this solicitation, with no obligation to the vendors by the Government.

4. All quotes must remain valid for 60 days after submission.

5. Questions: All solicitation questions must be received no later than Tuesday, August 27th, 2024, 4:00pm Eastern Standard Time (EST).

6. Closing Date and Time: Offers are due no later than Friday, August 30th, 2024, 4:00pm Eastern

Standard Time (EST).

7. System for Award Management: Vendor must be active, approved and registered in System for

Award Management (www.sam.gov) by the proposal closing date.

8. Mandatory Clauses and Provisions: Complete and submit mandatory provisions and clauses with price quote.

9. Submission Information: Please submit a response to Contract Specialist Rownak Iqbal at rownak.b.iqbal@irs.gov and Contracting Officer Cathy Collier at cathy.s.collier@irs.gov.

mailto:rownak.b.iqbal@irs.gov mailto:cathy.s.collier@irs.gov

Evaluation Factors and Contract Award:

The Government will award a contract to the lowest price technically acceptable (LPTA) offeror whose quote conforms to ALL of this RFQ requirements.

Additional Requirements Requested to be Completed with Price Quote:

• Notice and Consent to Disclose and Use of Taxpayer Return Information

• Electronic Invoicing and Payment Requirements for the Invoice Processing Platform (IPP)

Mandatory Provisions and Clauses to be Completed and Submitted with Price Quote:

• 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)

• 52.204-26 Covered Telecommunications Equipment or Services—Representation (Oct 2020)

• 52.209-2 Prohibition on Contracting With Inverted Domestic Corporations—Representation (Nov

2015)

• 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony

Conviction under any Federal Law (Feb 2016)

• 52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial

Services (Nov 2023)

Price Table:

Item No.

Item Description QTY Unit Unit Price

Total Value

Purchase of one (1) Kardex Virtual Lift Unit and installation.

Specifications:

• One (1) Kardex Shuttle 500

• Overall VLU Dimensions: 125.2 in. (3180 mm) width x 90.98 in. (2311 mm) depth x 210.63 in.

(5350 mm) height.

• Includes (34) Trays: 112.2 in (2850mm) width x 24 in (609.6 mm) depth x 6.0 in (152.4 mm) height.

• Equipped with Display LED Navigator and Tray Divider Kit (24 cells per tray) accessories.

• Compatible with existing Kardex Power Pick System (Kardex Shuttle 500).

• Installation of one (1) Virtual Lift Unit.

Period of Performance: 09/30/2024 – 01/29/2025

1 EA

Attachment 1: Redacted Brand Name Justification

Statement of Work Internal Revenue Service

National Distribution Center, Bloomington, IL

1. Scope:

The Internal Revenue Service (IRS) National Distribution Center (NDC) located at 2525 Revenue Drive, Bloomington, IL 61705-2500, requires the purchase and installation of one (1) automated vertical lift unit (VLU) system to replace end-of-life storage systems due to frequent equipment failures and repair parts obsolescence leading to excessive production downtimes. The VLU must include order picking/putaway hardware and licensing compatible with existing Kardex Power Pick System software acquired under contract 205AE9-23-P-00203. A line-item cost proposal from the vendor will be reviewed by IRS prior to IRS issuing a notice to proceed.

2. General Requirements:

• The specifications indicate the scope of the project, in terms of mechanical and electrical design concept, but do not necessarily indicate or describe all work required for the full performance and completion of the work. The contractor’s bid shall be based on the Scope of Work with the understanding that the contractor and each subcontractor is to furnish and install all items required for the proper completion of the work. The contractor shall make provisions for the necessary execution of the work. This includes but is not limited to, such items such as debris removal, and other items required for a complete project.

• All work shall be of the highest quality following the manufacturer’s specifications, along with established trade practices and standards.

• SAFETY: All Federal, State and Local safety requirements shall be observed.

• Contractor shall verify all dimensions and details at site for specified work. Any remaining questions or needed clarifications should be sent through NDC Management.

• At project completion, equipment must be fully functional and meet all operational requirements of the IRS, including all necessary setup.

• Contractor is responsible for coordinating final electrical hookup connections from the unit motor to the electrical disconnect.

3. Specifications and Requirements:

The contractor shall provide specified equipment and all supervision, labor, materials, and supplies necessary to furnish and fully install the vertical lift unit:

Mechanical:

1. Contractor will purchase and deliver to NDC the vertical lift unit.

2. Contractor will unpack, move, set in place, level, and energize the vertical storage system.

3. Contractor will supply all tools, anchors and hardware needed for installation.

4. Contractor will recycle waste materials, such as packaging and other material to the maximum extent possible.

5. Contractor will clean up the work area.

6. Contractor will provide setup and operation orientation on site.

7. Contractor is responsible for coordinating final electrical hookup connections.

Notes:

IRS Forklift may only be utilized upon contractors providing certification of forklift training.

Additional Requirements:

• Vertical Lift Unit (VLU) must be of safe, ergonomic, and easy-to-use design.

• VLU must be able to store and dispense at least 800 different 8 1/2" x 11" paper products.

• VLU must include picking/putaway hardware and licensing compatible with Kardex

Power Pick System software.

• VLU must be lockable and include vendor software to give the customer the ability to create users with different rights and abilities based on their pass-code protected login.

• VLU must include a sturdy, fully adjustable, 6-inch-tall cell divider system for all trays to allow for storage and retrieval of various-size tax forms, publications, posters and other products.

• VLU must include a reusable labeling system for each cell location for product IDs, location name and/or bar codes.

• All VLU components must carry a 2-year warranty, including transportation, parts and labor.

• Contractor/Lessor must return space to the original condition with the exception of the new equipment after work is complete.

• Upon completion of the project the contractor, an IRS representative shall inspect the project for any deficiencies that need to be corrected.

• Contractor will provide operational and general maintenance training for up to four (4) operators.

• Contractor services shall be offered through an office that has a 24-hour turnaround time and must be assured and guaranteed on all requests for service.

• The installation and service must be performed by factory trained and authorized qualified individuals.

• Contractor must include Preventive Maintenance Services at no charge every six

• (6) months for the duration of the 2-year warranty period in the price of the contract for the equipment.

• Contractor to provide dumpster and trash removal.

• The contractor must ensure the equipment complies with DIN EN 15095 "Power-operated mobile racking and shelving, carousels and storage lifts" and has been tested and certified by TUV (Technical Observation & Control), a USA NRTL and a Canadian

CB.

• Factory must be certified ISO 9001.

• Manufacturer must be certified ISO 14001.

4. Location of Work:

IRS National Distribution Center 2525 Revenue Drive Bloomington, IL 61705-2500

5. Deliverable schedule:

• All work will be performed during normal working hours.

• Normal working hours for the building are 8:00am-4:00pm Monday through Friday, excluding Federal Holidays.

• All site visits must be scheduled at least 2 weeks in advance.

• Installation schedule must be approved by IRS personnel prior to award.

• Work must be completed in no more than 2 weeks.

• No overtime work will be funded.

• IRS intends for regular operations at this facility continue without disruption or with the least disruption.

6. Security Requirements:

• Contractor employees / subcontractor’s employees must always carry picture ID when working on the IRS premises.

• Possession and/or use of firearms, alcoholic beverages, or drugs on Government premises are prohibited.

• Cameras are not allowed on site unless the Government issues an appropriate camera pass.

• Vehicles, persons, and property entering Government property are subject to search.

• The Government reserves the right to remove from the site any employee of the

Contractor or Sub-Contractor whom the Government deems incompetent, careless, insubordinate, or otherwise objectionable or whose continued employment on this contract is deemed by the Government to be contrary to the public interest.

• The Government reserves the right to close the job site and order Contractor personnel off the premises in case of an emergency.

7. IRS Contacts:

IRS Contracting Officer: Rownak Iqbal, Cathy.S.Collier@irs.gov IRS Contract Specialist: Rownak Iqbal, Rownak.B.Iqbal@irs.gov

(End of SOW) mailto:Cathy.S.Collier@irs.gov mailto:Rownak.B.Iqbal@irs.gov

Additional Requirements

Notice and Consent to Disclose and Use of Taxpayer Return Information

(a) Definitions. As used in this provision-

"Authorized representative(s) of the offeror" means the person(s) identified to the Internal Revenue Service (IRS) within the consent to disclose by the offeror as authorized to represent the offeror in disclosure matters pertaining to the offer.

"Delinquent Federal tax liability" means 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.

"Tax check" means an IRS process that accesses and uses taxpayer return information to support the Government's determination of an offeror's eligibility to receive an award, including but not limited to implementation of the statutory prohibition of making an award to corporations that have an unpaid Federal tax liability (see FAR 9.104-5(b)).

(b) Notice. Pursuant to 26 U.S.C. 6103(a) taxpayer return information, with few exceptions, is confidential. Under the authority of 26 U.S.C. 6103(h)(1), officers and employees of the Department of the Treasury, including the IRS, may have access to taxpayer return information as necessary for purposes of tax administration. The Department of the Treasury has determined that an IRS contractor's compliance with the tax laws is a tax administration matter and that the access to and use of taxpayer return information is needed for determining an offeror's eligibility to receive an award, including but not limited to implementation of the statutory prohibition of making an award to corporations that have an unpaid Federal tax liability (see FAR 9.104-5).

(1) The performance of a tax check is one means that will be used for determining an offeror's eligibility to receive an award in response to this solicitation (see FAR 9.104). As a result, the offeror may want to take steps to confirm it does not have a delinquent Federal tax liability prior to submission of its response to this solicitation. If the offeror recently settled a delinquent Federal tax liability, the offeror may want to take steps to obtain information in order to demonstrate the offeror's responsibility to the contracting officer (see FAR 9.104-5).

(c) The offeror shall execute the consent to disclosure provided in paragraph (d) of this provision and include it with the submission of its offer. The consent to disclosure shall be signed by an authorized person as required and defined in 26 U.S.C. 6103(c) and 26 CFR 301.6103(c)-1(e)(4).

(d) Consent to disclosure. I hereby consent to the disclosure of taxpayer return information (as defined in 26 U.S.C. 6103(b)(2)) as follows:

The Department of the Treasury, Internal Revenue Service, may disclose the results of the tax check conducted in connection with the offeror's response to this solicitation, including taxpayer return information as necessary to resolve any matters pertaining to the results of the tax check, to the authorized representatives of _______________ on this offer.

I am aware that in the absence of this authorization, the taxpayer return information of _________________ is confidential and may not be disclosed, which subsequently may remove the offer from eligibility to receive an award under this solicitation.

I consent to disclosure of taxpayer return information to the following person(s):

I certify that I have the authority to execute this consent on behalf of:

Offeror Name: ______________________________________ Offeror Taxpayer Identification Number: __________________ Offeror Address: _____________________________________

Name of Individual Executing Consent: ___________________ Title of Individual Executing Consent: _____________________ Signature: __________________________________________ Date: ______________________________________________

(End of Additional Requirements)

Electronic Invoicing and Payment Requirements for the Invoice Processing Platform (IPP)

(a) Definitions:

"Short payment" as used in this clause means the partial payment of an invoice for goods/services actually rendered at the time of payment when the invoice includes additional goods/services that have not yet been provided/rendered.

"Short payment" example: The contract requires the delivery of a set number of items, with the price, delivery location, and delivery due date also specified. The vendor delivers 50% of the items as specified but invoices for 100% of the items. Before implementation of the IPP, the IRS would have paid the vendor for the items delivered and instructed the vendor to re-invoice the IRS when the balances of the items were delivered. In other words, the IRS would "short pay" the invoice since the IRS did not remit payment for the full invoice amount. With implementation of the IPP, the IRS can no longer do this because the IRS cannot accept an electronic invoice that includes items not yet received. The IRS will reject the invoice. The vendor needs to submit an invoice for only the items received by the IRS (in this case, 50%), and, if these items meet all other contract terms and conditions, the IRS will pay the invoiced amount. The vendor submits subsequent invoice(s) for items as they are delivered and accepted.

(b) The Invoice Processing Platform (IPP) is a secure Web-based electronic invoicing and payment information service available to all Federal agencies and their suppliers. Effective October 1, 2012, invoicing for payment through the IPP will be mandatory for all new contract awards. Additional information regarding the IPP may be found at the IPP website address https://www.ipp.gov. Contractors must complete the contractor point of contact information below and submit it with their proposal submissions. Contractors may contact the IPP Helpdesk for assistance via e-mail at ippgroup@stls.frb.org or via phone at (866) 973-3131. Once a contract award has been made, the contractor will be contacted by the IPP via e-mail to set-up an account. It will be necessary for contractors to login to their IPP accounts every 90 days to keep their IPP accounts active.

(c) Contractor Point of Contact Information

Contractor Name: ______________________________________________________________

Contractor IPP Point of Contact Name: _____________________________________________

Contractor Phone Number: _______________________________________________________

Contractor E-mail Address: ______________________________________________________

(d) Electronic Invoicing and Payment Requirements

Vendor invoices submitted electronically through the IPP should be in the proper format and contain the information required for payment processing. To be approved for payment, a "proper invoice" must list the items specified in FAR 52.232-25 (a)(3)(i) through (a)(3)(x), or in the case of a Commercial Item Contract, the items included in 52.212-4(g)(1)(i) through (g)(1)(x).

If the vendor is offering a discount via the IPP, the discount must be reflected on the invoice. The vendor will select 'Create Invoice'. The IPP system will default to 'Net 30 Prompt Pay' under the Payment Terms dropdown box. The vendor will select from 54 different discount options for the invoice that is being created. If the vendor chooses to offer a discount on the invoice screen, the information will interface to the payment system for processing. Discounts that are offered on attachments rather than the invoice itself cannot be accepted.

Under this contract, the following documents are required to be submitted as an attachment to the invoice (Contracting Officer fills in additional documentation that must be furnished by the contractor (e.g.

timesheet)). Please do not submit into IPP any documentation/attachments that conflict with what is stated on the invoice:

Payment and Invoice Questions

For payment and invoice questions, contact the Ancillary Systems at (304) 254-3372 or via e-mail at cfo.fm.ipp.customer.support@irs.gov.

(e) Waiver

If the Contractor is unable to use the IPP for submitting payment requests starting on October 1, 2012, then a waiver form must be completed and submitted with the contractor's proposal submission for review and approval by the Contracting Officer based on one of the conditions listed in the waiver. The vendor will be notified prior to award as to whether their request for waiver has been approved or denied.

If the waiver is granted, then a copy of the waiver must be submitted with each paper invoice that the vendor submits to the payment office or the invoice will be returned.

(f) Short Payment

Short payment on vendor submitted invoices will no longer be processed or paid. If any portion of the invoice does not meet the requirements for a proper invoice, the entire invoice shall be rejected and returned to the vendor unpaid.

IRS Invoice Processing Platform (IPP) Waiver Form

The IRS invoicing and payment requirements clause (IR1052.232-9000) requires that all invoices under awards made (or effective) on or after October 1, 2012, be submitted electronically via the IPP unless a waiver is requested and granted. If the Contractor is unable to submit its invoice through the IPP, the Contractor shall complete this waiver form indicating the reason for the waiver request by selecting the appropriate box below and providing a narrative summarizing in detail the circumstances requiring a waiver. For a solicitation, submit the waiver form with the proposal submission. For a modification that incorporates the IPP clause into an existing contract, submit the waiver form with the modification. The CO will notify the vendor via e-mail or another appropriate means of communication prior to award as to whether their waiver has been approved or denied. If the waiver is granted, then a copy of the approved waiver must be submitted with each invoice that the vendor submits to the payment office or the invoice will be returned.

Reason for requesting a waiver of the requirement to submit an electronic invoice via the IPP:

[ ] 1. Submission of invoices through IPP would impose a hardship on an individual (includes employees and sole proprietors) due to: either a physical or mental disability; a geographic, language, or literacy barrier; or an undue financial burden. The requirement to submit invoices through the IPP is automatically waived for all individuals who do not have payment capability using ACH with a U.S.

financial institution.

[ ] 2. The political, financial or communications infrastructure where the place of business is located does not support access to the IPP for submitting invoices electronically.

[ ] 3. The contractor is located within an area designated by the President of the United States or an authorized agency administration as a disaster area. (Please identify area/location.)

[ ] 4. The submission of invoices electronically may pose a threat to national security, the life or physical safety of an individual may be endangered, or a law enforcement action may be compromised.

[ ] 5. The agency does not expect to receive more than one invoice from the same contractor within a one-year period. i.e., the invoice submission is non-recurring.

[ ] 6. The contractor customarily submits a high volume of invoices on a regular basis via file format, not currently supported by the IPP (i.e., uses a file format other than XML or CSV) and the high volume of invoices would cause a significant burden to the contractor if submitted through the IPP individually. If utilizing this exception, please identify the file formats supported by your invoicing system so that the IPP may consider implementing the requested file format at a later date. File format(s) used:

[ ] 7. Other - Please explain: ______________________________________________________

Attach a separate sheet of paper with a summary narrative substantiating the circumstances for the waiver exception selected from above (1 through 7).

Waiver Submitted By:

Contractor Name Name of Person Submitting Request for Waiver Title

Signature of Person Submitting Request for Waiver

E-mail Address Phone No.

Contract/Order No. Date Submitted

Waiver Approved By:

Contracting Officer's Name Printed

Contracting Officer's Signature Date

(End of Additional Requirements)

Provisions and Clauses

Provisions:

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): www.acquisition.gov.

(End of Provision)

• 52.203-18 Prohibition on Contracting With Entities That Require Certain Internal Confidentiality

Agreements or Statements—Representation (Jan 2017)

• 52.204-7 System for Award Management (Oct 2018)

• 52.204-16 Commercial and Government Entity Code Reporting (Aug 2020)

• 52.204-17 Ownership or Control of Offeror (Aug 2020)

• 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations-Representation (Nov

2015)

• 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions

Relating to Iran— Representation and Certifications (Jun 2020)

Full-text Provisions:

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 Products and 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 http://www.acquisition.gov/ 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) Representations. 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.

52.204-26 Covered Telecommunications Equipment or Services—Representation (Oct 2020)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and “reasonable inquiry” have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) 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”.

(c) Representations. (1) The Offeror represents that it [ ] does, [ ] 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.

(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 any equipment, system, or service that uses covered telecommunications equipment or services.

52.209-2 Prohibition on Contracting With Inverted Domestic Corporations—Representation (Nov 2015)

(a) Definitions. Inverted domestic corporation and subsidiary have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).

(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.

(c) Representation. The Offeror represents that—

(1) It □ is, □ is not an inverted domestic corporation; and

(2) It □ is, □ is not a subsidiary of an inverted domestic corporation.

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 Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that—

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that—

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services (Nov 2023)

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—

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

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

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

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

Service-disabled veteran-owned small business concern—

(1) Means a small business concern—

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

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

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

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

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

Small disadvantaged business concern, consistent with 13 CFR 124.1001, 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 at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding the threshold at 13 CFR 124.104(c)(2) after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2);

and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name.

The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

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

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

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

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

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

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

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

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

(b)(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ____.

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

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

(ii) It □ is, □ is not a…