CRHC-20-036.pdf

Combined Synopsis/Solicitation Request for Quote: CRHC-20-036

A. This is a combined synopsis/solicitation for commercial. items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

B. The Great Plains Area Indian Health Service (IHS) intends to award one single award Firm-Fixed Price, Commercial Item, Purchase Order in response to Request for Quote (RFQ) CRHC-20-036. Partial awards will not be made. The Government reserves the right to not make an award, if necessary. This is a RFQ only and in no way obligates the Government to award a Purchase Order or to reimburse offeror(s) for any costs incurred in preparing their quote.

C. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2020-07, effective July 2, 2020.

D. The RFQ is issued as a 100% Indian Small Business Economic Enterprise Buy Indian Set Aside and the associated NACIS code is 238210, with a small business size standard of 1,250 employees.

E. The quoted unit pricing must be all inclusive, to include but not be limited to shipping, travel, lodging, per diem, fringe benefits, federal, state and local taxes, plus au other costs pertinent to the performance of this purchase order.

Utilize your most competitive and reasonable rates. Brand Name Only (see attached Brand Name Justification) or Brand Name or Equal Items as identified in the IT Equipment Price Schedule. New equipment only. No remanufactured or refurbished items.

Please complete the attached IT Equipment Price Schedule

F. Wireless Network Upgrade for the Cheyenne River Health Center in Eagle Butte, SD (See attached IT Equipment Price Schedule and Specifications).

G. Delivery to: Cheyenne River Health Center, 24276 166th Street, Airport Road, PO Box 1012 Eagle Butte, SD 57625. Period of Performance: Eleven (11) months from date of award.

H. FAR 52.212-1 Instructions to Offerers- Commercials Items (June 2020)-Applies to this acquisition and is incorporated by reference.

Quotes shall be submitted on company letterhead stationery, signed and dated. Quotes shall include the following information to be considered technically acceptable:

1. Solicitation Number: CRHC-20-036

2. Closing Date: August 14, 2020 at 2:00 PM MST

3. Name, address, and telephone number of offerer and email address of contact person.

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

5. Terms of any express warranty.

6. Price and any discount terms.

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

8. Acknowledgement of solicitation amendments (if any issued).

9. 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 offerer shall complete electronically).

10. A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offerers that fail to furnish required represent~tions or information, or reject the terms and conditions of the solicitation, may be excluded from consideration.

Basis for Award: Lowest Price Technically Acceptable (LPTA). LPTA factors in determining the successful contractor:

- Provide Brand Name Only or Brand Name or Equal Items as identified in the IT Equipment Price Schedule as attached to this RFQ

- Complete/Submit Indian Health Service Buy Indian Act Indian Firm Representation Form as attached to this RFQ

- Meet the Delivery Schedule

I. FAR 52.212-3 - Offerer Representations and Certifications - Commercial Items (June 2020) - See attachment for full text. The offerer shall complete only paragraph (b) of this provision if the offerer has completed the annual representations and certifications electronically via the System for Award Management (SAM) website accessed through https://www.sam.gov. If the offerer has not completed the annual representations and certifications electronically, the offerer shall complete only paragraphs (c) through (o) of this provision.

J. FAR 52.212-4 - Contract Terms and Conditions - Commercial Items (October 2018)-Applies to this acquisition and is incorporated by reference.

K. FAR 52.212-5 - Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (July 2020)-Applies to this acquisition. See attachment for full text.

L. Attached are the Federal Acquisition Regulation (FAR) and the Health & Human Services Acquisition Regulation (HHSAR) provisions and clauses that are applicable.

M. Quotes will be accepted electronically. Submit quote via e-mail by August 14, 2020 at 2:00 pm MST to the following: Cheyenne River Health Center Attn: Danielle Chasing Hawk, Contracting Officer 24276 166th Street, Airport Road, PO Box 1012 Eagle Butte, South Dakota 57625 Phone: 605-964-0605 E-mail: danielle.chasinghawk@ihs.gov

Questions in reference to this solicitation shall be submitted to the e-mail address listed above. The last day to submit questions is August 7, 2020 at 2:00 PM MST. No questions will be answered after this date/time. Please be advised that the Government reserves the right to transmit those questions and answers of a common interest to all prospective vendors through a solicitation amendment.

ACCEPTANCE PERIOD:

Your quote 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.

Quoters will need a DUNS number, TIN number and be registered and have an active registration with the System for Award Management (SAM).

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.

CRHC-20-036 ATTACHMENTS:

1. Combined Synopsis/Solicitation

2. Provisions and Clauses Incorporated by Reference and in Full Text

3. Brand Name Justification

4. Specifications

5. IT Equipment Price Schedule

6. Indian Health Service Buy Indian Act Indian Firm Representation Form

7. Wage Determinations

REQUEST FOR QUOTATIONS PAGE OF PAGES

(THIS IS NOT AN ORDER)

THIS RFQ IS A SMALL BUSINESS SET-ASIDE 1 of 2

I. REQUEST NO. 12. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT.FOR NAT DEF. RATING

CRHC-20-036 07/23/2020 IHS1408889 UNDER BDSA REG.2

AND/OR DMS REG. I

SA ISSUED BY 6. DELIVER BY (Date)

Eagle Butte Indian Health Service, Cheyenne River Service Unit 60 days ARO 24276 166th St, PO Box 1012, Eagle Butte, SD 57625

Sb. FOR INFORMATION CALL (NO COLLECT CALLS} 7. DELIVERY OTHER

[8J FOB DESTINATION D (See Schedule)

NAME TELEPHONE NUMBER 9. DESTINATION

Danielle Chasing Hawk AREA CODE I NUMBER a. NAME OF CONSIGNEE

Danielle.chasinehawklnlihs.eov 605 964-0605 Cheyenne River Service Unit

8. TO: b. STREET ADDRESS

24276 166th St, PO Box 1012

a. NAME I b.COMPANY C. CITY

Eagle Butte

c. STREET ADDRESS

d. CITY I e. STATE I f ZIP CODE d. STATE I e. ZIP CODE

SD 57625

I 0. PLEASE FURNISH QUOTATIONS TO IMPORTANT: This is a request for information, and quotations furnished are not offiers. If you are unable to quote, please

THE ISSUING OFFICE IN BLOCK so indicate on this form and return it to the address in Block Sa. This request does not commit the Government to pay any Sa ON OR BY 2:00 PM MST ON (Date) costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of

August14, 2020 domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed bv the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

(a) (b) (c) (d) (e) (f) Firm Fixed-Price, Commercial Item, Purchase Order for the facility wireless network upgrade for the Cheyenne River Health Center located in Eagle Butte, SD. The quoted "unit price" shall be an all inclusive price.

1. SEE ATTACHED BID SHEET $ $

• Statement of Work

• Clauses incorporated in full text

• Clauses incorporated by reference

• Wage Determinations

12. DISCOUNT FOR PROMPT a. IO CALENDAR DAYS b.20 c. 30 CALENDAR DAYS d. CALENDAR DAYS

PAYMENT % CALENDAR %

NUMBER I PERCENT AGE DAYS

NOTE: Additional provisions and representations D are D are not attached.

13. NAME AND ADDRESS OF QUOTER 15. SIGNATURE OF PERSON AUTHORIZED TO is. DATE OF

a. NAME OF QUOTER SIGN QUOTATION QUOTATION

b. STREET ADDRESS

c. COUNTY 16. SIGNER

a. NAME (Type of print) b. TELEPHONE

AREA CODE

d. CITY I e. STATE I f ZIP CODE c. TITLE (type or print) NUMBER

AUTHORIZED FOR LOCAL REPRODUCTION

edition not usable

FormF!ow/Delnna Inc. ST AND ARD FORM 18 (REV 6-95) Previous Prescribed by GSA-FAR (48 CFR) 53-215-l(a)

ITEM SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NO. (b) (c) (d) (e) (f)

(a)

DUNS & Bradstreet Number:

, (The Duns & Bradstreet number is required .

Provided you do not have it, you may call 866-705- 5711 and obtain one.) You will need a DUNS & Bradstreet NUMBER to be awarded tlte a_urcltase order and registered witlt tlte System {pr Award Management; you can register at www.sam.gov

The quoter is hereby notified that they must be registered in the System for Award Management (SAM) before the Government will issue an award. You may do this by going fo www.sam .gov to register and you are required to update this registration every year prior to the expiration date.

Federal Tax ID Number:

Email Address:

Net Terms:

Line Description Quantity UOM Price Amount AIR-AP4800-B-K9 .llac W2 Analytics AP w/CA: 4x4:3; Location: mGig-B Domain 36 EACH $ - $ CON-SNT-AIRAP48B SNTC-8X5XNBD .I lac W2 Analytics AP w/CA; 4x4:3, Location 36 EACH $ - $ SW 4800-CAPWAP-K9 Cisco Aironet 4800 Series CAPWAP Software Image 36 EACH $ - $ AIR-AP-BRACKET-I 802.11 AP Low Profile Mounting Bracket (Default) 36 EACH $ - $ AIR-AP-T-RAIL-R Ceiling Grid Clip for Aironet APs - Recessed Mount (Default) 36 EACH $ - $ AIR-DNA-E Aironet CISCO DNA Essentials Term Licenses 36 EACH $ - $ AIR-DNA-E-5Y Aironet CISCO DNA Essentials 5 Year Term License 36 EACH $ - $ WLC-AP-T-5Y PI Dev Lie for Lifecycle & Assurance Term 5Y 36 EACH $ - $ AIR-DNA-E-T-5Y Aironet CISCO DNA Essentials 5 Year Term License 36 EACH $ - $

C9800-L-F-K9 Cisco Catalyst 9800-L Wireless Controller Fiber Uplink 1 EACH $ - $ CON-SNT-C9800LFL SNTC-8X5XNBD Cisco Catalyst 9800-L Wireless Controller 1 EACH $ - $

LIC-C9800-DTLS-K9 Cisco Catalyst 9800 Series Wireless Contoller DTLS License 1 EACH $ - $ C9800L-RMNT C9800 Wireless Controller Rack Mount Tray 1 EACH $ - $ C9800-AC-l I0W Cisco Catalyst 9800 L Wireless Controller Power Supply 1 EACH $ - $

CAB-AC-C5 AC Power Cord, Type C5, US, Canada 1 EACH $ - $ AIR-DNA CISCO DNA for Wireless - CHOOSE ONLY QTY I HERE 1 EACH $ - $ AIR-DNA-TRK-5Y CISCO DNA Wireless Term Tracker 5YR 1 EACH $ - $ WLC-AP-T-5Y Aironet AP License 5 Year Term License 36 EACH $ - $ PI-LFAS-AP-T-5Y PI Dev Lie for Lifecycle & Assurance Term Licenses 36 EACH $ - $ AIR-DNA-E Aironet CISCO DNA Essentials Term Licenses 36 EACH $ - $ AIR-DNA-E-5Y Aironet CISCO DNA Essentials 5 Year Term License 36 EACH $ - $ AIR-DNA-E-T-5Y Aironet CISCO DNA Essentials 5 Year Term License 36 EACH $ - $ SFP-Hl0GB-CU3M= I0GBASE-CU- SFP+ Cable 3 Meter 2 EACH $ - $

Infrastructure Cabling Materials 1 EACH $ - $

EB Wireless Kickoff PMO Kickoff: Eagle Butte Wireless 1 EACH $ - $

EB Wireless Design Engineering Design: Eagle Butte Wireless 1 EACH $ - $

EB-Wireless Implementation Engineering Implementation: Eagle Butte Wireless 1 EACH $ - $ EB Wireless Test&Opt Engineering Testing & Optimization: Eagle Butte Wireless 1 EACH $ $

Project Management Project Management 1 EACH $ - $ -

EACH $ $ -

EACH $ $ -

EACH $ - $ -

Total QTY 520 EACH $ $ -

Cheyenne River Health Center Scope of Work Facility Wireless Network Upgrade Vendor must have the following credentials and provide documentation of each credential:

• 100% Government Cleared Support Staff

• Asset Tracking of equipment including but not limited to Cisco Hardware

• BICSI Technician

• BICSI Installer 1

• BICSI Installer 2, Copper

• BICSI Installer 2, Optical Fiber

• BICSI RCDD

• APC Partner

• APC Elite or Pemier Partner for APC Install

• Certified PMP on Staff

• Cisco Gold Partner

• Cisco CWNP CWNE Certified Wireless Networking Expert

• Cisco CCIE on Staff

• Cisco CCNP on Staff

• Cisco CCIE Wireless & CCIE Collaboration on staff

• CMMI level 3

• ISO 9001:2015

• Leviton Structured Cabling Certification

• Leviton Berk-Tek certified

• Low Voltage Cabling must be designed Inspected by BICSI Certified Technician

• STI EZ Path Certified Level 2

• Technical support department where all tech support is US Government Cleared

• Technical support team supporting equivalent brand of Cisco SMARTnet:

Period of Performance:

• 11 months from date of award.

Services to be provided by vendor:

• Conduct a requirements gathering session with key personnel to determine at minimum:

o In and out of scope areas o Wall Materials o Client device models o Aesthetic concerns and/or mounting constraints o Applications to be used over the wireless network o Per device throughput requirements o Client capacity requirements o Existing network Infrastructure and available port capacity o Asset track requirements o Accuracy requirements o Any other issues or requirements as needed

• Perform on-site walk through to identify wall materials and attenuation areas, as well as, perform a spectrum anaylsis to identify potential problem frequencies.

• Assess current LAN infrastructure that will be used to support the wireless network design and ensure adequate port capacity and power requirements

• Ensure the facility has sufficient cabling infrastructure to support Power over Ethernet and throughput requirements for the wireless solution

• Provide recommendations for expansion and growth of both the LAN infrastructure and the proposed wireless solution

• Utilize Ekahau Site Survey Pro to provide predictive attenuation measurements

• Create a predictive RF analysis of the facility to include AP placements and AP settings

• Generate a RF design Document, AP placement map, and AP placement index for the facility to assist with installation scope of access points and to show the expected RF coverage

• Generate a High-level Design Document that will depict the SSIDs, Authentication and communication flows between devices on the wireless network

• Generate a Low-Level Design document that will detail all IP configurations, VLANs, pre-shared keys and more that will be used to configure the devices as part of this solution

• Generate an implementation plan that will depict the order of steps and dates of the implementation

Project Kickoff:

Establish clear roles and responsibilities and identify all stakeholders. The project kickoff should happen within 10 days of contract award. The project kickoff will consist of the following tasks performed by the contractor:

• Define roles and responsibilities of the project core team

• Articulate project objectives, priorities, technologies being deployed, and key deliverables

• Establish a high-level schedule for the project

• Develop strategies for mitigating major project risks

• Identify the project success criteria

• Understand project dependencies

• Develop a risk register

• Provide an initial, high-level project schedule

• Deliver a project charter detailing the success criteria for the project

Deployment and Configuration:

During the implementation the contractor will execute the design that was detailed during the design phase. This will consist of the following:

• Physically install and cable up to thirty-six (36) access points per the RF Design and AP

Placement Map

• Run new Ethernet Cables to each AP, even if the new AP is in the same location. Each AP should have two Ethernet Cables ran to it for redundancy and increased throughput.

• Install grommets in ceiling tiles for new Ethernet Cables and any location where grommets are missing.

• Configure up to two (2) new wireless LAN controllers in an HA pair per the low level design document.

• Connect all Ethernet ports on wireless LAN controller to MDF switch and make sure they are all in a the correct configuration for redundancy and throughput.

• Work with IHS staff to associate up to thirty-six (36) access points in the wireless LAN controllers and configure them according to the AP Index.

• Develop a rack Hierarchy

• Perform Tuning and Optimization survey to identify configuration changes to optimize RF and client performance

• Develop Tuning and Optimization survey report detailing changes made to the RF

• Execute Test plan

Provide Key Deliverables All documents will be delivered in original software program format like Word, PowerPoint, Excel, and etc. All documents will also be delivered in PDF format.

• Kickoff Slides

• Risk Register

• Project Schedule

• Project Charter

• RF Design Document

• AP Placement Map

• AP Index

• High-Level Design

• Low-Level Design

• lmplmentation Plan

• Test Plan

• Executed lmplmentation Plan

• Rack Hierarchy

• Tuning and Optimzation Survey Document

• Location Tuning Results

• Executed and Signed Test Plan

• As-Built Documentation

• Administration Documentation

• Configuration Register

• Closeout meeting notes

• Provide an electronic copy of the cable certifications for each of the data drops installed.

Vendor will provide a credit back to IHS on final invoice for any materials not used, like CAT6 cable. If that is not possible then vendor will leave unused material with the IT staff at the facility upon completion of the work.

• Provide 8 hours of formal knowledge transfer and formal system administration training to the

IHS Tier 1 and Tier 2 administrators as part of the project. Knowledge transfer is defined as the informal, verbal communication of high level configuration and architectural design, along with system administrative training. This will include a discussion over the basic maintenance tasks that can be performed on the systems, typical troubleshooting tasks, and how to run typical reports. This session can be conducted remotely via WebEx. The session should be recorded so

IHS can review it over and over in the future along with all leave behind materials included as part of this training.

• During the Close Out meeting IHS will be presented with the deliverables for the project with the vendor going through everything with IHS via WebEx, Skype, and etc. in a presentation format and review. IHS has 30 days to review the documents before signing off on the As-Built and administration documents thus signifying project acceptance. If the vendor has to make any changes to the documentation there will be another meeting for final review and sign off on the documents signifying project acceptance.

Guidelines:

Vendor will follow these guidelines laid out in the following websites.

• http://www.hhs.gov/ocio/policy/2007-0004.001.html

• http://www.hhs.gov/ocio/eplc/index.html

PROVISIONS AND CLAUSES INCORPORATED BY REFERENCE

52.252-1 -- Solicitation Provisions Incorporated by Reference (Feb 1998)

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

(End of Provision)

52.252-2 -- Clauses Incorporated by Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address( es): https://www.acguisition.gov/far.

(End of Clause)

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

FAR PROVISION/CLAUSE TITLE PROVISION/

CITATION CLAUSE DATE

52.204-7 System for A ward Management October 2018 52.204-13 System for A ward Management Maintenance October 2018 52.204-16 Commercial and Government Entity Code Reporting July2016 52.204-17 Ownership or Control ofOfferor July2016 52.204-18 Commercial and Government Entity Code Maintenance July2016 52.204-19 Incorporation by Reference of Representations and Certifications December 2014 52.211-6 Brand Name or Equal August 1999 52.211-17 Delivery of Excess Quantities September 1989 52.212-1 Instructions to Offerors - Commercial Items June2020 52.212-4 Contract Terms and Conditions - Commercial Items October 2018 52.225-13 Restrictions on Certain Foreign Purchases June2008 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or June2020

Transactions Relating to Iran - Representations and Certifications 52.232-39 Unenforceability of Unauthorized Obligations June 2013 52.232-40 Providing Accelerated Payments to Small Business Subcontractors December 2013 52.247-34 F.o.b. - Destination November 1991 52.253-1 Computer Generated Forms January 1991

PROVISIONS AND CLAUSES IN FULL TEXT

II. Federal Acquisition Regulations (FAR) (48 CFR Chapter 1) Provisions and Clauses in Full Text

FAR PROVISION/CLAUSE TITLE PROVISION/

CITATION CLAUSE DATE

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance December 2019

Services or Equipment

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony February2016 Conviction under any Federal Law

52.212-3 Offeror Representations and Certifications -- Commercial Items June2020 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive July2020

Orders -- Commercial Items 52.219-1 Small Business Program Representations March2020

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (December 2019)

The Offeror shall not complete the representation in 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 the provision at 52.204-26, Covered Telecommunications Equipment or Services-Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items.

(a) Definitions. As used in this provision-

"Covered telecommunications equipment or services", "critical technology", and "substantial or essential component" have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. Section 889(a)(l)(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. Contractors are not prohibited 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.

( 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 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.

( e) Disclosures. If the Offeror has represented in paragraph ( d) of this provision that it "will" provide covered telecommunications equipment or services", the Offeror shall provide the following information as part of the offer-

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

and item description, as applicable);

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

(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and

( 4) For equipment, 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).

(End of provision)

52.209-11 - Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (February 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

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

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

(b) The Offeror represents that-

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

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

(End of provision)

52.212-3 -- Offeror Representations and Certifications -- Commercial Items (June 2020)

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 A ward 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)) ofthis 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 of6 U.S.C. 395(c).

Manufactured end product means any end product in product and service codes (PS Cs) 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 ofreassembly is not the place of manufacture.

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

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 of2007) conducting the business can demonstrate-

(!) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

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

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

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

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

Sensitive technology-

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

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

(ii) To disrupt, monitor, or otherwise restrict speech of the people oflran; 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)ofthe 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 veteransor, 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 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.

Small disadvantaged business concern, consistent withl3 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 atl 3 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens ofthe 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 CFR124. l 04( 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 (l)(i) and (ii) of this definition.

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name ( often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

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

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

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

Women-owned 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.

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 least5 l 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.

(b)

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

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

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

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

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

( c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it • is, • is not a small business concern.

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

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

( 4) Small disadvantaged business concern. [ Complete only if the offeror represented itself as a small business concern in paragraph (c)(J) of this provision.] The offeror represents, that it • is, • is not a small disadvantaged business concern as defined in 13 CFR124.1002.

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

( 6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that-

(i) It • is, • is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It • is, • is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: _____ .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that-

(i) It • is, • is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It • is, • is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: _____ .] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

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

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

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

(i) It • is, • is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUB Zone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and

(ii) It • is, • is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(l0)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUB Zone joint venture: _____ .] Each HUB Zone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

( d) Representations required to implement provisions of Executive Orderl 1246-

( 1) Previous contracts and compliance. The offeror represents that-

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

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

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

(i) It • has developed and has on file, • has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor ( 41 CFR parts 60- 1 and 60-2), or

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

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

1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 199 5 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, 0MB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments ofreasonable compensation were made.

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American-Supplies, is included in this solicitation.)

( 1) The offeror certifies that each end product, except those listed in paragraph ( f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products,i. e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." The terms "commercially available off-the-shelf(COTS) item" "component," "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Supplies."

(2) Foreign End Products:

Line Item No. Country of Origin

[List as necessary]

(3) The Government will evaluate offers in accordance with the policies and procedures of FAR part 25.

(g)

(I) Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-l, Buy American-Free Trade Agreements-Israeli Trade Act, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(l)(ii) or (g)(l)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components ofunknown origin to have been mined, produced, or manufactured outside the United States. The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product," "commercially available off-the-shelf (COTS) item," "component," "domestic end product," "end product," "foreign end product," "Free Trade

Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements- Israeli Trade Act."

(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act":

Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

Line Item No. Country of Origin

[List as necessary]

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(l)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of"domestic end product."

Other Foreign End Products:

Line Item No. Country of Origin

[List as necessary]

(iv) The Government will evaluate offers in accordance with the policies and procedures of FAR part 25.

(2) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(l )(ii) for paragraph (g)(l)(ii) of the basic provision:

(g)(l)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act":

Canadian End Products:

Line Item No.

[List as necessary]

(3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate 11. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(l)(ii) for paragraph (g)(l)(ii) of the basic provision:

(g)(l)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli…