Combined Synopsis - Solicitation RFQ-23-RB-031 Package.pdf

(i) 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) (10 U.S.C. 2304 and 41 U.S.C 253). This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

(ii) The Rosebud Indian Health Service (IHS) Hospital intends to award a Firm Fixed-Price, Commercial Item, Purchase Order in response to Request for Quote RFQ-23-RB-031.

(iii) This solicitation document and incorporated provisions and clauses are those in effect through Federal

Acquisition Circular 2023-04/2023-06-02.

(iv) This RFQ is issued as “100% Small Business / Buy Indian” set-aside solicitation, and the associated NAICS Code is 334118, which has a small business standard of 1,000 number of employees.

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

BRAND NAME/EQUAL

Complete the attached Price Schedule. Specifications attached.

1. Dell Latitude 5540 Base 45 EA @ $ _______________ = $___________________

2. PF156W9B Privacy Filter 15.6in Laptop 45 EA @ $ _______________ = $ ___________________

3. Dell Thunderbolt Dock WD22TB4 45 EA @ $ _______________ = $___________________

4. Dell Video Monitor C2423H 90 EA @ $ _______________ = $___________________

5. PRIVACY-SCREEN-24MB Startech 90 EA @ $ _______________ = $ __________________

6. PO1520PS Dell 15in Slim Backpack 57 EA @ $ _______________ = $___________________

7. 40304 C2G 2m (6ft) HDMI Cable 45 EA @ $ _______________ = $___________________

8. MS3220 Dell Laser Wired Mouse 45 EA @ $ _______________ = $___________________

9. 332-1571 Dell Keyboard Smartcard 45 EA @ $ _______________ = $___________________

10. Dell Latitude 5430 Rugged 12 EA @ $ _______________ = $___________________

11. AC440681 Targus 15in Protective Cover 57 EA @ $ _______________ = $___________________

12. Fees 1 EA @ $ _______________ = $___________________

Total $___________________

(vi) To provide Information Technology (IT) Laptops and equipment

(vii) To be provided for the Rosebud IHS Hospital, IT Department, Rosebud, SD 57570. Delivery Location

800 Hospital Drive, Rosebud, SD 5570. The period of performance will be 90 days from Date of Award

(viii) FAR 52.212-1 Instructions to Offerors-Commercial Items (March 2023).

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

1. Solicitation number RFQ-23-RB-031;

2. Closing Date: August 18, 2023 at 1:00 pm CST;

3. Name, address, and telephone number of the 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;

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.

(ix) Basis of award is Lowest Price, Technically Acceptable “LPTA” quote package.

1. Shall provide the items listed in the Specifications Listings: Brand Name or Equal Buy.

2. Ability to meet the delivery schedule

3. Complete, fill out, the Indian Firm Representation Form / Specifications Price List for all items.

4. Award will be made on an “all-or-none” basis to the lowest responsive and responsible offeror.

(x) FAR 52.212-3 Offer Representations and Certifications-Commercial Items (December 2022). See attachment for full text. The Offeror shall complete only paragraph (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.

(xi) FAR 52.212-4 Contract Terms and Conditions-Commercial Items (December 2022). Applied to this acquisition and it’s incorporated by reference.

(xii) FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-

Commercial Items (June 2023). See attachment for full text.

(xiii) Attached are the Federal Acquisition Regulations (FAR) & Health & Human Services Acquisition

Regulation (HHSAR) clauses that are applicable including below.

(xiv) n/a

(xv) Offers will be accepted electronically, Submit via email to the following:

Rosebud Indian Health Service Hospital

Attn: Andrea Whipple, Purchasing Agent

800 Hospital Drive

Rosebud, SD 57570

Email: Andrea.Whipple@ihs.gov.

Any questions are due August 15, 2023 by 1:00 pm CST.

Contractors will need a UEI number, TIN number.

ACCEPTANCE PERIOD: Your proposal must stipulate that it is predicated upon all the terms and conditions of this

RFQ. In addition, it must contain a statement to the effect that it is firm for a period of at least 30 days from the date of receipt by the Government.

Quotation must set forth full, accurate, and complete information as required by the Request for Quotation (RFQ) and be returned no later than the date referenced. All required information must be submitted in order to be considered responsive and eligible for award.

No contract award shall be made to any vendor listed on the OIG Exclusion List at http://exclusions.oig.hhs.gov throughout the duration of the contract.

Contractors must be registered with the Sam.gov. The website to register at: www.sam.gov.

The Government reserves the right to accept or reject services, if the level of performance is unacceptable.

http://www.acquisition.gov/ mailto:Andrea.Whipple@ihs.gov http://exclusions.oig.hhs.gov/ http://www.sam.gov/

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 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.

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” https://obamawhitehouse.archives.gov/sites/default/files/omb/memoranda/2015/m-15-19.pdf https://www.ipp.gov/ mailto:IPPCustomerSupport@fiscal.treasury.gov

IHS1473093 Spec Sheet

Description Quantity

Dell Latitude 5540 Base (210-BGBL) 45

TAA Information (379-BBBW)

16GB,1x16GB, DDR4 Non-ECC (370-AFVP) Single Pointing Backlit US English Keyboard with numeric keypad Included (583-BFRR)

Wireless Intel AX211 WLAN Driver MOD-SRV (555-

BJDC)

M.2 2230 PCIe Gen4x4 512GB SSD Class 35 (400-

BOVY)

Windows 10 Pro (Includes Windows 11 Pro License), English, Spanish, French, Brazilian Portuguese (619-

ARSD)

3- cell, 54Wh Battery, Express Charge Capable, 3-year warranty (451-BDBJ)

No Mobile Broadband Card (556-BBCD) Latitude 5540 Bottom Door, Intel 13th Gen U-Series CPU, Intel Integrated Graphics (321-BIKC)

No Mouse (570-AADK)

ENERGY STAR Qualified (387-BBPC) Intel(R) Wi-Fi 6E (6 if 6E unavailable) AX211, 2x2, 802.11ax, Bluetooth Wireless Card (555-BHHU)

E5 Power Cord 1M US (537-BBDK)

OS-Windows Media Not Included (620-AALW)

BTO Standard Shipment (S) (800-BBGT)

EPEAT 2018 Registered (Gold) (379-BDZB)

SERI Guide (ENG/FR/Multi) (340-AGIK) Dell Limited Hardware Warranty Extended Year(s) (975-3461)

Dell Limited Hardware Warranty (997-8317) ProSupport Plus: Next Business Day Onsite, 1 Year (997-8366)

Thank you for choosing Dell ProSupport Plus. For tech support, visit www.dell.com/contactdell or call 1- 866-51 (997-8367)

ProSupport Plus: Keep Your Hard Drive, 5 Years (997-8392)

ProSupport Plus: Next Business Day Onsite, 4 Year Extended (997-8393)

ProSupport Plus: Accidental Damage Service, 5 Years (997-8394)

ProSupport Plus: 7x24 Technical Support, 5 Years (997-8395)

No AutoPilot (340-CKSZ)

No UPC Label (389-BCGW) Intel vPro Enterprise Technology Enabled (631-

ADPV)

No Resource USB Media (430-XXYG) Single Pointing, Smart Card Reader, Backlit Keyboard

(346-BINI)

Latitude 5540 Quick Start Guide (340-DDHL) https://urldefense.us/v3/__http:/www.dell.com/contactdell__;!!D11w5EFx5_o3APHspkKp!sNM8EAaiRgxrnKjeaSveqUnyGj507XQC3ywnTuXExcgbg0fkaX9thzbOa8XDvTtgWuzLLfTynhxUR2MIFxWpamCV0PZkTA$

No Removable CD/DVD Drive (429-AATO)

No Microsoft Office License Included (658-BCSB)

Dell Additional Software (658-BFQB)

No Anti-Virus Software (650-AAAM) 60W Type-C Ultralight Mini Power Adapter (492-

BDGB)

13th Generation Intel(R) Core(TM) i7-1365U vPro, (12 MB cache, 10 cores, up to 5.2 GHz) (379-BFBW)

Intel 13th Generation i7-1365U vPro, Intel Integrated Graphics, Thunderbolt (338-CHLR)

FHD/IR Camera, Temporal Noise Reduction, Camera Shutter, Mic (319-BBIE)

BTO MIX SHUTTLE (WHN) (340-DJVG)

Custom Configuration (817-BBBB)

No Additional Hard Drive (401-AADF) Intel(R) Rapid Storage Technology Driver (409-

BCWS)

Intel Core i7 vPro Enterprise Label (340-CYNX) 15.6" FHD (1920x1080) Touch, AG, IPS, 250 nits, FHD IR Cam, WLAN/WWAN(4G), India (391-BHEX)

PF156W9B :PRIVACY FILTER FOR 15.6IN WS

ACCS 16:9 UNFRAMED FOR LAPTOP AND LCD

Dell Thunderbolt Dock - WD22TB4 (210-BEXB) 45

Advanced Exchange Service, 3 Years (872-8550)

Dell Limited Hardware Warranty (872-8557) Dell 24 Video Conferencing Monitor - C2423H, 60.47cm (23.8") (210-BDRM) non-TAA

Dell Limited Hardware Warranty (814-5380) ProSupport: Advanced Exchange Service, 5 Years (814-5401)

ProSupport: 7x24 Technical Support, 5 Years (814- 5409)

Thank you choosing Dell ProSupport. For tech support, visit //support.dell.com/ProSupport (989- 3449)

PRIVACY-SCREEN-24MB

StarTech.com Monitor Privacy Screen for 24 inches Display - Widescreen Computer Monitor Security Filter - Blue Light Reducing Screen Protector

PO1520PS Dell 15 Inch Laptop Slim Backpack 57 40304 : C2G 2m (6ft) 4K HDMI Cable with Ethernet - High Speed - UltraHD - M/M - HDMI for Audio/Video Device - 6.56 ft – 1 x HDMI Male Digital Audio/Video

MS3220 Dell Laser Wired Mouse 45

Dell KB813 Smartcard Reader Keyboard (332-1571) 45 210-BCFP Dell Latitude 5430 Rugged 12 379-BBBW TAA Information 370-AGTH 16GB, 2x8GB, 3200 MHz DDR4 Non-ECC 583-BILF English US RGB Backlit Sealed Internal keyboard

555-BHCC Intel AX210 WLAN Driver

400-BMRW 512GB M.2 PCIe NVMe Class 35 Solid State Drive

619-AQMP Windows 10 Pro (Includes Windows 11 Pro License) English, French, Spanish

389-ECGC Hot surface warning label 451-BCWC Primary 3 Cell 53.5 Whr ExpressCharge Capable Battery

325-BEIV Dummy Airbay Cover 556-BBCD No Mobile Broadband Card 460-BBEX No Carrying Case 570-AADK No Mouse 387-BBPC ENERGY STAR Qualified 555-BHCH Intel AX210 Wireless Card with Bluetooth 450-AAEJ Power Cord 1M US 620-AALW OS-Windows Media Not Included 800-BBQK BTO Standard Shipment (VS) 379-BDTO EPEAT 2018 Registered (Silver) 750-ADPK Rigid handle 340-AGIK SERI Guide 808-6796 ProSupport Plus: Next Business Day Onsite, 2 Years Extended

808-6797 ProSupport Plus: Next Business Day Onsite, 3 Years

808-6805 Dell Limited Hardware Warranty Initial Year 808-6826 ProSupport Plus: Accidental Damage Service, 5 Years

808-6827 ProSupport Plus: Keep Your Hard Drive, 5 Years

808-6845 ProSupport Plus: 7X24 Technical Support, 5 Years

975-3461 Dell Limited Hardware Warranty Extended Year

997-8367 Thank you for choosing Dell ProSupport Plus. For tech support, visit www.dell.com/contactdell or call 1-866-51

340-CKSZ No AutoPilot 389-BCGW No UPC Label 631-ADED ME Lockout MOD - Manageability 430-XXYG No Resource USB Media 346-BHQJ Full Security - Fingerprint Reader, Contacted Smartcard Reader, Contactless Smartcard Reader

340-CXCE Setup and Features Guide 379-BERR Intel Core Processor i7-1185G7, 338-CCRL Intel CoreT vPro i7-1185G7 with Iris Xe Graphics

340-ACQQ No Option Included 325-BEJZ Additional TBT/Type-C port 319-BBHS Microphone + RGB HD camera; Non-touch; WLAN/WWAN antennae; Pogo vehicle docking and RF passthrough

340-CYJC Mix Ship, Notebook, 5430 Rugged 817-BBBB Custom Configuration 590-TFHR Additional USB-A rear port 389-DXDV Intel Core i7 non-vPro Processor Label 391-BGGF 14 inch Non-touch 400 nits WVA FHD

AC440681 Targus 15 inch Protective Form-Fit Cover 57

DEPARTMENT OF HEALTH & HUMAN SERVICES

Indian Health Service Division of Acquisition Policy (DAP)

5600 Fishers Lane Rockville, MD 20857

INDIAN HEALTH SERVICE

BUY INDIAN ACT

INDIAN FIRM REPRESENTATION FORM

SOLICIATION NUMBER: _________________________________________________

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 Firm” (HHSAR 326.602) with “Indian Ownership” (HHSAR 326.603), in response to this solicitation and resultant contract.

The enterprise must meet the definition of “Indian Firm” 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 DUN and Bradstreet (D&B) and 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 Firm” with “Indian Ownership” under the authority of the Buy Indian Act.

Business Name Certifying Signature

DUNS Number Print Name

CLAUSES INCORPORATED BY REFERENCE

52.252-2 -- Clauses Incorporated by Reference.

As prescribed in 52.107(b), insert the following clause:

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/?q=browsefar

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

No. FAR Citation Clause Title Clause Date ____

1. 52.204-7 System for Award Management October 2018

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

3. 52.204-16 Commercial and Government Entity Code August 2020

Reporting

4. 52.204.17 Ownership or Control of Offeror August 2020

5. 52.204-18 Commercial and Government Entity Code August 2020

Maintenance

6. 52.204-19 Incorporation by Reference of December 2014

Representations and Certifications

7. 52.211-6 Brand Name or Equal August 1999

8. 52.212-1 Instructions to Offerors – Commercial Products March 2023

And Commercial Services

9. 52.212-4 Contract Terms and Conditions - Commercial December 2022

Products and Commercial Items

10. 52.219-6 Notice of Total Small Business Set-Aside November 2020

11. 52.223-15 Energy Efficiency in Energy-Consuming Products May 2020

12. 52.225-1 Buy American Act-Supplies May 2014

13. 52.225-25 Prohibition on Contracting With Entities June 2020

Engaging in Certain Activities or Transactions

Relating to Iran – Representation And Certifications

14. 52.232-39 Unenforceability of Unauthorized Obligations June 2013 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P91_14019 https://www.acquisition.gov/?q=browsefar

15. 52.232-40 Providing Accelerated Payments to Small Business March 2023

Subcontractors

16. 52.253-1 Computer Generated Forms January 1991

CLAUSES INCORPORATED IN FULL TEXT

(Supply Purchase Order(s))

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

No. FAR Citation Clause Title Clause Date ____

1. 52.204-24 Representation Regarding Certain November 2021

Telecommunications and Video Surveillance

Services or Equipment

2. 52.212-3 Offeror Representations and Certifications - December 2022

Commercial Products and Commercial Services

(see attached)

3. 52.212-5 Contract Terms and Conditions Required To June 2023

Implement Statues or Executive Orders –

Commercial Products and Commercial Services

(see attached)

4. 52.252-1 Solicitation Provisions Incorporated by Reference February 1998

5. 52.252-2 Clauses Incorporated by Reference February 1998

6. 52.225-18 Place of Manufacture August 2018

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

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

REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-https://www.acquisition.gov/far/4.2105#FAR_4_2105 https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3

Commercial Products or Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision—

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) ( https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(d) Representation. The Offeror represents that—

(1) It □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—

It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services.

The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number;

and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications https://www.sam.gov/ services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number;

and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided;

and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.252-2 Clauses Incorporated by Reference.

As prescribed in 52.107(b), insert the following clause:

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):

_____________________________________________ [Insert one or more Internet addresses] https://www.acquisition.gov/far/52.107#FAR_52_107

(End of clause)

52.225-18 – Place of Manufacture.

As prescribed in 25.1101(f), insert the following solicitation provision:

Place of Manufacture (Aug 2018)

(a) Definitions. As used in this provision—

“Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000-9999, except—

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

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

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

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

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

(8) FSC 9610, Ores;

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

(10) FSC 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.

(b) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly—

(1) [ ] In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or

(2) [ ] Outside the United States.

(End of provision) http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/25.htm#P1180_116185

II. Department of Health and Human Services Acquisition Regulations

(HHSAR)(49 Chapter 3) Clauses Full Text

No. HHSAR Citation Clause Title Clause Date______

1. HHSAR 352.226-1 Indian Preference December 2015

2. HHSAR 352.226-2 Indian Preference Program December 2015

3. HHSAR 352.232-71 Electronic Submission of Payment February 2022

Requests

352.226-1 Indian Preference.

As prescribed in HHSAR 326.505(a), the Contracting Officer shall insert the following clause:

Indian Preference (December 18, 2015)

(a) The Contractor agrees to give preference in employment opportunities under this contract to

Indians who can perform required work, regardless of age (subject to existing laws and regulations), sex, religion, or tribal affiliation. To the extent feasible and consistent with the efficient performance of this contract, the Contractor further agrees to give preference in employment and training opportunities under this contract to Indians who are not fully qualified to perform regardless of age (subject to existing laws and regulations), sex, religion, or tribal affiliation. The Contractor also agrees to give preference to Indian organizations and Indian-owned economic enterprises in the awarding of any subcontracts to the extent feasible and consistent with the efficient performance of this contract. The

Contractor shall maintain the necessary statistical records to demonstrate compliance with this paragraph.

(b) In connection with the Indian employment preference requirements of this clause, the Contractor shall provide reasonable opportunities for training, incident to such employment. Such training shall include on-the—job, classroom, or apprenticeship training designed to increase the vocational effectiveness of an Indian employee.

(c) If the Contractor is unable to fill its employment and training opportunities after giving full consideration to Indians as required by this clause, the Contractor may satisfy those needs by selecting non-Indian persons in accordance with the clause of this contract entitled "Equal Opportunity."

(d) If no Indian organizations or Indian-owned economic enterprises are available under reasonable terms and conditions, including price, for awarding of subcontracts in connection with the work performed under this contract, the Contractor agrees to comply with the provisions of this contract involving utilization of small businesses; HUBZone small businesses; service-disabled, veteran-owned small businesses; 8(a) small businesses; veteran-owned small businesses; women-owned small businesses; or small disadvantaged businesses.

(e) As used in this clause,

(1) Indian means a person who is a member of an Indian tribe. If the Contractor has reason to doubt that a person seeking employment preference is an Indian, the Contractor shall grant the preference but shall require the individual provide evidence within 30 days from the tribe concerned that the person is a member of the tribe.

http://www.hhs.gov/grants/contracts/contract-policies-regulations/hhsar/part-326-other-socioeconomic-programs/index.html#326.505

(2) Indian tribe means an Indian tribe, pueblo, band, nation, or other organized group or community, including Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (85 Stat. 688; 43 U.S.C. 1601) which the United States recognizes as eligible for the special programs and services provided to Indians because of its status as

Indians.

(3) Indian organization means the governing body of any Indian Tribe or entity established or recognized by such governing body in accordance with the Indian Financing Act of 1974 (88 Stat. 77;

25 U.S.C. 1451).

(4) Indian-owned economic enterprise means any Indian-owned commercial, industrial, or business activity established or organized for the purpose of profit, provided that such Indian ownership shall constitute not less than 51 percent of the enterprise, and that ownership shall encompass active operation and control of the enterprise.

(f) The Contractor agrees to include the provisions of this clause, including this paragraph (f) of this clause, in each subcontract awarded at any tier under this contract.

(g) In the event of noncompliance with this clause, the Contracting Officer may terminate the contract in whole or in part or may pursue any other remedies authorized by law or by other provisions of the contract.

(End of clause)

352.226-2 Indian Preference Program.

As prescribed in HHSAR 326.505(b), the Contracting Officer shall insert the following clause:

Indian Preference Program (December 18, 2015)

(a) In addition to the requirements of the clause of this contract entitled “Indian Preference,” the

Contractor agrees to establish and conduct an Indian preference program which will expand opportunities for Indians to receive preference for employment and training in connection with the work performed under this contract, and which will expand the opportunities for Indian organizations and Indian-owned economic enterprises to receive a preference in the awarding of subcontracts. In this connection, the Contractor shall perform the following:

(1) Designate a liaison officer who will maintain liaison with the Government and the Tribe(s) on

Indian preference matters; supervise compliance with the provisions of this clause; and administer the

Contractor’s Indian preference program.

(2) Advise its recruitment sources in writing and include a statement in all employment advertisements that Indian applicants receive preference in employment and training incident to such employment.

(3) Not more than 20 calendar days after award of the contract, post a written notice setting forth the

Contractor’s employment needs and related training opportunities in the tribal office of any reservations on or near the contract work location. The notice shall include the approximate numbers and types of employees needed; the approximate dates of employment; any experience or special skills required for employment; training opportunities available; and other pertinent information necessary to advise prospective employees of any other employment requirements. The Contractor shall also request the tribe(s) on or near whose reservation(s) the Contractor will perform contract work to provide assistance filling its employment needs and training opportunities. The Contracting Officer http://www.hhs.gov/grants/contracts/contract-policies-regulations/hhsar/part-326-other-socioeconomic-programs/index.html#326.505 will advise the Contractor of the name, location, and phone number of the Tribal officials to contact regarding the posting of notices and requests for Tribal assistance.

(4) Establish and conduct a subcontracting program which gives preference to Indian organizations and Indian-owned economic enterprises as subcontractors (including suppliers) under this contract.

The Contractor shall give public notice of existing subcontracting opportunities and, to the extent feasible and consistent with the efficient performance of this contract, shall solicit bids or proposals from Indian organizations or Indian-owned economic enterprises only. The Contractor shall request assistance and information on Indian firms qualified as subcontractors (including suppliers) from the

Tribe(s) on or near whose reservation(s) the Contractor will perform contract work. The Contracting

Officer will advise the Contractor of the name, location, and phone number of the Tribal officials to contact regarding the request for assistance and information. Public notices and solicitations for existing subcontracting opportunities shall provide an equitable opportunity for Indian firms to submit bids or proposals by including—

(i) A clear description of the supplies or services required, including quantities, specifications, and delivery schedules that facilitate the participation of Indian firms;

(ii) A statement indicating that Indian organizations and Indian-owned economic enterprises will receive preference in accordance with section 7(b) of Pub. L. 93–638; 88 Stat. 2205; 25 U.S.C.

450e(b);

(iii) Definitions for the terms “Indian organization” and “Indian-owned economic enterprise” prescribed under the “Indian Preference” clause of this contract;

(iv) A statement that the bidder or offeror shall complete certifying that it is an Indian organization or

Indian-owned economic enterprise; and

(v) A closing date for receipt of bids or proposals which provides sufficient time for preparation and submission of a bid or proposal. If, after soliciting bids or proposals from Indian organizations and

Indian-owned economic enterprises, the Contractor receives no responsive bid or acceptable proposal, the Contractor shall comply with the requirements of paragraph (d) of the “Indian Preference” clause of this contract. If the Contractor receives one or more responsive bids or conforming proposals, the

Contractor shall award the contract to the low, responsive, responsible bidder or conforming offer from a responsible offeror if the price is reasonable. If the Contractor determines the low responsive bid or conforming proposal’s price is unreasonable, the Contractor shall attempt to negotiate a reasonable price and award a subcontract. If parties cannot agree on a reasonable price, the Contractor shall comply with the requirements of paragraph (d) of the “Indian Preference” clause of this contract.

(5) Maintain written records under this contract which demonstrate—

(i) The numbers of Indians seeking employment for each employment position available under this contract;

(ii) The number and types of positions filled by Indians and non-Indians;

(iii) The total number of Indians employed under this contract;

(iv) For those positions having both Indian and non-Indian applicants, and a non-Indian is selected for employment, the reason(s) why the Contractor did not select the Indian applicant;

(v) Actions taken to give preference to Indian organizations and Indian-owned economic enterprises for subcontracting opportunities which exist under this contract;

(vi) Reasons why Indian subcontractors and or suppliers did not receive preference for each requirement where the Contractor determined that such preference was inconsistent with efficient contract performance; and

(vii) The number of Indian organizations and Indian-owned economic enterprises contacted, and the number receiving subcontract awards under this contract.

(6) Submit to the Contracting Officer for approval a quarterly report summarizing the Contractor’s

Indian preference program and indicating the number and types of available positions filled by Indians and non-Indians, and the dollar amounts of all subcontracts awarded to Indian organizations and

Indian-owned economic enterprises, and to all other firms.

(7) Maintain records pursuant to this clause and keep them available for review by the Government for one year after final payment under this contract, or for such longer period in accordance with requirements of any other clause of this contract or by applicable law or regulation.

(b) For purposes of this clause, the following definitions of terms shall apply:

(1) The terms Indian, Indian tribe, Indian organization, and Indian-owned economic enterprise are defined in the clause of this contract entitled Indian Preference.

(2) Indian reservation includes Indian reservations, public domain Indian allotments, former Indian reservations in Oklahoma, and land held by incorporated Native groups, regional corporations, and village corporations under the provisions of the Alaska Native Claims Settlement Act (85 Stat. 688; 43

U.S.C. 1601 et seq.)

(3) On or near an Indian reservation means on a reservation or reservations or within that area surrounding an Indian reservation(s) where a person seeking employment could reasonably expect to commute to and from in the course of a work day.

(c) Nothing in the requirements of this clause shall preclude Indian tribes from independently developing and enforcing their own Indian preference requirements. Such requirements must not conflict with any Federal statutory or regulatory requirement dealing with the award and administration of contracts.

(d) The Contractor agrees to include the provisions of this clause, including this paragraph (d), in each subcontract awarded at any tier under this contract and to notify the Contracting Officer of such subcontracts.

(e) In the event of noncompliance with this clause, the Contracting Officer may terminate the contract in whole or in part or may pursue any other remedies authorized by law or by other provisions of the contract.

(End of clause)

352.232-71 Electronic Submission of Payment Requests.

In accordance with HHSAR 332.7003, Except as provided in 332.7002(a), insert the clause:

Electronic Submission of Payment Requests (February 2022)

(a) Definitions. As used in this clause -

Payment request means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation. The payment request must comply with the requirements identified in FAR 32.905(b), “Content of Invoices” and the applicable Payment clause included in this contract.

(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests electronically using the Department of Treasury Invoice Processing Platform (IPP) or successor system. Information regarding IPP, including IPP Customer Support contact information is available at www.ipp.gov or any successor site.

(c) The Contractor may submit payment requests using other than IPP only when the Contracting

Officer authorizes alternate procedures in writing in accordance with HHS procedures.

(d) If alternate payment procedures are authorized, the Contractor shall include a copy of the

Contracting Officer’s written authorization with each payment request.

(End of Clause) http://www.ipp.gov/

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 (Dec 2022)

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).

https://www.acquisition.gov/far/12.301#FAR_12_301 https://www.sam.gov/ https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.ecfr.gov/current/title-13/part-127 https://www.ecfr.gov/current/title-13/part-127 https://www.ecfr.gov/current/title-13/section-127.300 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim

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…