Combined Synopsis - Washer Dryer Maintenance.docx

This is a Combined Synopsis / Solicitation for commercial service prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation. Proposals are being requested and a written solicitation will not be issued.

The solicitation number is N6470922Q0033; this solicitation is a request for quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquistion Circular 2022-06. Total Small Business Set Aside. North American Industry Classification System (NAICS) code is 811310. Product Service Code is J072.

Scope of Work (SOW):

· Provide repair service for 14 Speed Queen Washer/Dryer Combo’s Model Number LTEE5ASP175TW01 during normal business hours.

· One day response time for repair service requests.

· Preventative Maintenance twice a year to include but not limited to dryer vent cleanings.

All work shall comply with applicable State, local and Federal laws and regulations, industry and construction codes and standards, manufacturer’s specifications and recommendations, and all contract special provisions, terms and conditions.

The potential contract will have a base year (12 months) plus 2 (12 months) option years.

FAR 52.212-1 ADDENDUM: Instructions to Offerors – Commercial Items

SWFLANT requests a Firm-Fixed-Price (FFP) quote by 03 August 2022 at 12:00 PM (EST) to provide the services described in this notice. The Government may consider late quotes. Contractors responding to this request must furnish a quote as described below.

Quotes shall contain the following:

1. Price quote: Provide a FFP quote for all required supplies and/or services. Any costs related to credit card fees (see paragraph 6 below), delivery costs, and handling costs, as applicable, shall be included.

2. Travel Expenses. If travel is required in support of this requirement, the contractor shall include a detailed Basis of Estimate (BOE) that is priced in accordance with the Joint Federal Travel Regulations (JFTR). Each component of the proposed travel expense shall clearly identify the date(s), location(s), duration(s), quantity of personnel, and cost for the proposed travel.

3. Specifications: Provide all specifications for the products to be provided and a statement regarding whether or not the quoter is an authorized reseller of the products identified in the RFQ, if applicable.

4. Quote Cover Letter: Provide the name, title, telephone number, and e-mail address of the company/division point of contact that can contractually obligate your company. Also, identify those individuals authorized to negotiate with the Government. Lastly, provide the company name, street address and Data Universal Numbers System (DUNS) number.

5. Exceptions to the RFQ: Identify any exceptions taken with the RFQ content and the rationale for the exceptions to the RFQ, to include any terms or conditions applicable to payment by Government Commercial Purchase Card (GCPC), if GCPC is identified as the method of payment in the RFQ.

NOTE: Exceptions to the RFQ may render the quote noncompliant and ineligible for award.

Proposals shall be e-mailed directly to spk12contracts@swflant.navy.mil, the sole designated e-mail address and inbox for submission and receipt of quotes or proposals. No other electronic means of submission, used in whole or in combination with e-mail, is permitted. E-mail quotes or proposals shall be in either Adobe or Microsoft Office format. Offerors are advised that the Government may be unable to receive other types of electronic files (e.g., .zip files) or files in excess of 20 megabytes. Unless offeror proposes a shorter period, by submission of an offer, the offeror agrees that its offer, including any timely revisions thereto, shall remain valid until the Government makes award under this solicitation. The foregoing does not preclude an offeror from withdrawing its offer prior to award.

FAR 52.212-2 ADDENDUM: Evaluation– Commercial Items

The Government shall issue a purchase order resulting from this RFQ to the responsible quoter whose quote, conforming to the RFQ, represents the Lowest-Priced-Technically-Acceptable (LPTA) quote. Technical acceptability will be based on:

1. All items requested in the RFQ are included in the quote and meet the stated specifications, and

2. The Offeror confirms it is an authorized reseller of the products identified, if applicable.

Award will be made contingent upon the Bilateral signature of the parties. The Government reserves the right to award on an all or none basis.

1 SWFLANT GENERAL WORK REQUIREMENTS

** Note: The Contractor shall strictly adhere to all applicable requirements stated in this “SWFLANT General Requirements” section. **

2. USE OF ELECTRIC POWER TOOLS WITHIN SWFLANT:

2.1 The use of power tools for Hot Work and other processes need to meet certain requirements for use at SWFLANT. Power tool usage shall comply with chapter 11 of SWFLANTINST 5100.4(series). Additionally, power tools must be Underwriters Laboratories (UL) Listed. Power tools may be single or double insulated. The tool’s plug on the power cord must have three (3) prongs, to include a ground. This is required, even if the power tools are double insulated.

2.2 Extension cords may be used if the cord of the power tool will not safely reach the work area. Only one (1) extension cord may be used for each tool. The use of multiple extension cords in succession or “daisy chained” is not authorized. If a single extension cord is used, a GFCI pigtail must be used with the tool.

2.3 Power tools must be inspected to be of good working condition prior to use. If damage is discovered such as the casing of the tool is cracked or broken, or if the power cord or plug is damaged, the power tool must be removed from service and replaced. No repairs or alterations may be made to a tool unless it is done by the original manufacturer. Splices made to a cord for purposes such as making the cord longer or to make a repair is not authorized.

2.4 Power tools shall not be used in any operation involving ammunition and explosives or in locations containing explosives unless specifically authorized and covered by a Standard Operating Procedure (SOP). When the use of power tools is authorized for specific operations, the requirements and conditions applicable to that use shall be completely and explicitly defined in the SOP.

3. LOCKOUT AND TAGOUT:

3.1 Lockout all energy sources capable of being locked out prior to facility maintenance involving energized circuits and servicing or maintenance of machinery or equipment. This applies to all SWFLANT facilities, machinery or equipment that requires lockout/tagout for mechanical, hydraulic, pneumatic, chemical, thermal, electrical, radioactive or other energy source. Only authorized employees shall conduct lockout/tagout procedures. Notify the BGL that a lockout/tagout process will begin. In the absence of the BGL, notify the Command Duty Officer (CDO) who shall notify the BGL prior to the next regular work shift. CDO may be contacted through the Weapons Control Center (WCC) at extension 4110. The BGL will notify all personnel affected that a lockout/tagout is about to begin. This includes all persons normally using the equipment and others in the area.

3.2 Complex lockout/tagout procedures are required where one or more of the following situations exist: multiple energy sources or multiple equipment users, specific sequences are required for energy isolation, one authorized, employee shall be specifically appointed as the primary authority with overall responsibility to assure that all energy sources are under lockout/tagout control, primary authority employee must have a written plan, to account for all persons exposed to electrical hazards during lockout/tagout periods, and primary authority shall install locks and tags or direct installation.

3.3 Contracts shall require the contractor to submit a copy of the company’s lockout/tagout program for review where government employees may be at risk. The contractor is responsible to ensure the safety of government employees when government employee access is required. Joint contractor and SWFLANT lockout/tagout operations shall be handled the same as normal complex lockout/tagout operations. Primary authority may be either contractor or SWFLANT personnel. Outside contractors shall be informed of equipment hazards and isolation methods when working on SWFLANT equipment. Contractor employees performing maintenance in SWFLANT buildings shall report all lockout/tagout actions to the BGL. In the absence of a BGL, the Command Duty Officer shall be notified. The Command Duty Officer shall notify the appropriate BGL as soon as possible on the next scheduled working day.

3.4 Contractor authorized employees shall use locks and tags supplied by their employer. Lockout and tagout devices shall be standardized and readily identifiable as lockout and tagout devices and shall not be used for other purposes. Locks shall have only two keys each, one held by the authorized employee performing the maintenance and the other by their supervisor. Locks shall be uniform with no two locks keyed alike.

3.5 SWFLANT Safety shall approve all applications for tagout only in lieu of lockout and tagout in SWFLANT controlled buildings and processes that would involve/affect SWFLANT personnel/facility.

4. SWFLANT is a Mercury Exclusion Area. All items containing mercury or mercury compounds are to be reported to the SWFLANT Mercury Control Officer of the SPK Safety Office (x4058), prior to their introduction or use at SWFLANT. Upon approval for use on-board SWFLANT by the SWFLANT Mercury Control Officer, items containing mercury or mercury compounds will be controlled in accordance with SWFLANTINST 5100.4(series).

5. Submit Material Safety Data Sheets (MSDS) of all chemicals to be used during the course of this project to the Contracting Officer. Work shall not begin until required documentation is provided and approved for use by the Contracting Officer. NO PAINT CONTAINING LEAD SHALL BE PERMITTED FOR USE AT THE NAVAL SUBMARINE BASE, KINGS BAY, GEORGIA.

6. SWFLANT HAZARDOUS WASTE PROGRAM: The Hazardous Waste Program to be followed is the SUBASE Environmental Hazardous Waste Program as outlined in the Visiting Contractor/Shipyard/Vessels Hazardous Waste Management Guide.

7. Ozone Depleting Chemicals (ODCs): Public Works Environmental is the point of authority on Ozone Depleting Chemicals for construction projects.

8. No field welding shall be performed at any SWFLANT ordnance building except during scheduled Production Interference Job (PIJ) Periods, and a hot work permit shall be obtained before any open flame work (welding, torch, etc.) can be performed anywhere within SWFLANT. Contact SPK Safety Office (x4058) for hot work permits.

9. Unless identified otherwise on the A/E drawings, no existing members shall be modified without the written consent of the Contracting Officer.

10. Reproduction of structural drawings for use as shop drawings will not be permitted. Shop drawings shall clearly indicate dimensions that serve as the basis for detailing, as well as any proposed deviations from the plans or specifications. Shop drawings shall be checked and approved by the Contractor prior to being submitted to the Contracting Officer, if not, they will be returned without review. No fabrication of structural steel shall be initiated without approved shop drawings stamped by the Contracting Officer.

11. Materials shall be new and delivered to the site in the original, sealed containers or packages and bear the manufacturer’s name and brand designations. Material shall be packaged, stored, handled and installed in a manner to protect them from all damage and the environment during the entire construction period. The Contractor at no additional cost to any parties shall replace all damaged materials.

12. The Contractor shall notify the Contracting Officer if any grounding/lightning protection cables or other utilities are uncovered and/or damaged.

13. CONFINED SPACE ENTRY SAFETY: Please contact SWFLANT ESS Technicians @ 912-573-4147/4149 for proper directions on accessing secure manhole covers (i.e. welded/locked). Upon completion of work, contact the SWFLANT ESS Technicians to ensure the manhole covers are secure in strict accordance with SWFLANT Instruction 8126.6.

14. SAFETY AND HEALTH REQUIREMENTS: In performing the contract, the Contractor shall provide for protecting the lives and health of employees and other persons and for preventing damage of property, materials, supplies and equipment in accordance with the latest revision of the U.S. Army Corps of Engineers "Safety and Health Requirements Manual" (EM 385-1-1).

SWFLANT SECURITY INFORMATION

2.0 CONTRACTOR ACCESS REQUIREMENTS

2.1 Access to SWFLANT (Controlled, Limited, and Waterfront Area) will be controlled by the following means in addition to all requirements for entering SUBASE Kings Bay.

3.0 SPECIAL SECURITY PROCEDURES

The following added security procedures shall be adhered to while in SWFLANT Areas. Violation of any of these rules will result in the employee’s badge being withdrawn and may result in his permanent removal from SUBASE property.

3.1 Explosive laden vehicles are identified by explosive placards. Do not pass vehicle convoys or vehicles that are identified by explosive placards; stay a minimum of 150 feet behind explosive laden vehicles. When met by convoy, pull off the road and turn off vehicle until convoy passes.

3.2 Within the SWFLANT areas smoking is not allowed except in designated areas for this purpose. No smoking is allowed in motor vehicles.

3.3 No radio transmission is allowed within the SWFLANT Controlled, Limited, or Waterfront Areas without prior approval from the SPK Safety Office, (912) 573-4058. Radio transmission includes cellular phones and all other devices using radio wave transmission. [Citizens Band (CB) and HAM radios will not be authorized on base]. A HERO sticker will have to be issued and placed on the phone by the SPK Safety Office (x4058) prior to use.

3.4 Upon entering any building in the SWFLANT Area, you must first check in with the Building Group Lead (BGL).

3.5 No heat or spark-producing devices, lighters or matches or work such as drilling, grinding, burning, soldering, brazing, welding, explosive actuated fasteners, or use of open flame is allowed in any SWFLANT Area without first obtaining a hot work permit; see paragraph ___ : SWFLANT General Requirements for additional details.

3.6 Cameras (including cameras integrated into cell phones, blackberries, PDAs, etc.) are NOT allowed in the ESB (6005), SWFLANT Controlled, Limited, or Waterfront Areas. Unauthorized cameras and film will be confiscated.

3.7 All personnel and vehicles are subject to search by SUBASE Kings Bay Security or Marine personnel. If challenged by Marine personnel keep your hands in sight and follow instructions. Compliance with direction is mandatory. Disagreements with Marine sentry personnel actions or directions may later be brought to the attention of the SWFLANT Security Officer for proper resolution.

3.8 Fuels and oils must be in approved containers and may not be left overnight in the Production Areas. This does not apply to fuel in manufacturer’s standard truck or equipment tanks.

3.9 In the event of an emergency such as a fire or accident, call for help by using the following emergency numbers: From a land line, dial 911-Fire, Ambulance and Security Police; the emergency number from a cellular phone is (912) 573-4444. If there is a fire and/or casualty involving explosives in your building and you hear a verbal warning or a continuous sound on the fire alarm, leave the building immediately, report to the COR or Building Group Lead for further instructions.

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

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 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.

(End of provision)

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

(a) Definitions. As used in this clause--

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People's Republic of China.

Covered telecommunications equipment or services means--

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means--

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled--

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(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. The Contractor is prohibited from providing to the Government 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, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(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, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. 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.

(c) Exceptions. This clause does not prohibit contractors from providing--

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause:

(i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products or commercial services.

(End of clause)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2022) ALTERNATE I (OCT 2014)

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

(a) Definitions. As used in this provision-- "Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

"Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

"Forced or indentured child labor" means all work or service—

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

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

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

"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.

"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 the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.

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

"Small disadvantaged business concern, consistent with 13 CFR 124.1002," means a small business concern under the size standard applicable to the acquisition, that--

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

(i) One or more socially disadvantaged (as defined 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 $750,000 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.

"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 the 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.

(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…