FIRM FIXED PRICE SAP SOLICITATION TEMPLATE ABOVE 15K TO 7.5 MILLION.docx

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75H71325Q00025 A-DEC DENTAL EQUIPMENT & INSTALLATION
Solicitation number
75H71325Q00025
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This document is a Firm Fixed Price SAP Solicitation Template for the Indian Health Service (IHS), Portland Area Office, Yakama Service Unit. The solicitation seeks to procure twelve (12) A-DEC dental chairs and related equipment for the dental department in Toppenish, Washington, with a total of seven contract line items (CLINs) covering dental chairs, delivery systems, assistant instrumentation, dental lights, stools, and installation services.

The solicitation is set aside primarily for Indian Small Business Economic Enterprises (ISBEE) that are small business concerns, with a secondary tier for other small business concerns if insufficient competition is received. Vendors must be registered in SAM.gov with an active Unique Entity Identifier (UEI). Quotes are due by 12:00 PM PST on 04/28/2025, and must be submitted electronically to Morningstar.Smith@ihs.gov. The total procurement is brand-name specific, requiring only manufacturer-certified original and new equipment. Delivery will be FOB Destination to the Yakama Service Unit in Toppenish, Washington, with payment to be made via electronic funds transfer.

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A-DEC DENTAL CHAIRS, TOPPENISH, WASOLICITATION NO. 75H71325Q00025
IHS – YAKAMA SERVICE UNITPage 3 of 38

A. OPTION FORM OF347 (PROVIDED UPON AWARD)

B. SCHEDULE OF ITEMS – SEE ATTACHED STATEMENT OF WORK

C. CONTRACT CLAUSES

The following clauses are incorporated by reference:

Clause
Title
Date
52.204-13
SYSTEM FOR AWARD MANAGEMENT MAINTENANCE
OCT 20186
52.209-2
PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS - REPRESENTATION
NOV 2015
52.211-17
DELIVERY OF EXCESS QUANTITIES
SEP 1989
52.212-4
CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS
OCT 2018DEC 2022
52.222-20
CONTRACTS FOR MATERIALS, SUPPLIES, ARTICLES AND EQUIPMENT EXCEEDING $15,000
MAY 2014JUN 2020
52.232-11
EXTRAS
APR 1984
52.232-40
PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS CONTRACTORS
DEC 2013MAR 2023
52.247-34
F.O.B. DESTINATION
NOV 1991
52.253-1
COMPUTER GENERATED FORMS
JAN 1991
352.203-70
ANTI-LOBBYING
DEC 2015
352.208-70
PRINTING AND DUPLICATION
DEC 2015
352.211-1
PUBLIC ACCOMMODATION AND COMMERCIAL FACILITIES
DEC 2015
352.224-71
CONFIDENTIAL INFORMATION
DEC 2015
352.226-1
INDIAN PREFERENCE
DEC 2015
352.226-2
INDIAN PREFERENCE PROGRAM
DEC 2015
352.226-3
NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION ACT
DEC 2015
352.227-70
PUBLICATIONS AND PUBLICITY
DEC 2015
352-237-70
PRO-CHILDREN ACT
DEC 2015
352.237-71
CRIME CONTRACT ACT – REPORTING OF CHILD ABUSE
DEC 2015
352.237-72
CRIME CONTROL ACT – REQUIREMENT FOR BACKGROUND CHECKS
DEC 2015
352-237-73
INDIAN CHILD PROTECTION AND FAMILY VIOLENCE ACT
DEC 2015
352-237-74
NON-DISCRIMINATION IN SERVICE DELIVERY
DEC 2015
352.237-75
KEY PERSONNEL
DEC 2015
352.239-74
ELECTRONIC AND INFORMATION TECHNOLOGY ACCESSIBILITY
DEC 2015

The following clauses are provided in full text:

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLETMENT STATUTES OR EXECUTIVE ORDER – COMMERCIAL ITEMS (SEP 2023JUL 2020)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) HYPERLINK "https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses" \l "id189A70O0P1N" 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018Nov 2021) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).

(56) HYPERLINK "https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses" \l "i1048661" 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(67) HYPERLINK "https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses" \l "i1048698" 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

__ (1) HYPERLINK "https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses" \l "i1063319" 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I (Oct 1995Nov 2021) ( 41U.S.C.4704 and 10 U.S.C. 24024655).

__ (2) HYPERLINK "https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses" \l "i1063504" 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020Nov 2021) (41 U.S.C. 3509)).

X_ (3) HYPERLINK "https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses" \l "i1063607" 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

X__ (4) HYPERLINK "https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses" \l "i1064087" 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) HYPERLINK "https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses" \l "i1064214" 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (7) HYPERLINK "https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses" \l "i1064243" 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (8) HYPERLINK "https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses" \l "i1062590" 52.2094-627, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Jun 2020) ( HYPERLINK "http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim" \t "_blank" 31 U.S.C. 6101 note).

__ (9) 52.209-6, Protecting ,the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) ( 31 U.S.C. 6101 note). Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) ( HYPERLINK "http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2313&num=0&edition=prelim" \t "_blank" 41 U.S.C. 2313).

__ (10) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) ( 41 U.S.C. 2313 [Reserved].

__ (11) [Reserved].

__ (12) (i) HYPERLINK "https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses" \l "i1057314" 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Mar 2020Oct 2022) (15 U.S.C. 657a).

__ __ (ii) Alternate I (Mar 2020) of HYPERLINK "https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses" \l "i1057314" 52.219-3.

__ (12)

(i) (13) HYPERLINK "https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses" \l "i1057352" 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (Mar 2020) of HYPERLINK "https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses" \l "i1057352" 52.219-4.

__ (13) [Reserved] __ (14) [Reserved]

(i) HYPERLINK "https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses" \l "i1057393" 52.219-6, Notice of Total Small Business Set-Aside (Mar 2020) of HYPERLINK "https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses" \l "i1057393" 52.219-6 ( HYPERLINK "http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3" \t "_blank" 15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of HYPERLINK "https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses" \l "i1057393" 52.219-6 .

__ (15)

(i) HYPERLINK "https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses" \l "i1057419" 52.219-76, Notice of PartialTotal Small Business Set-Aside (Mar Nov 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of HYPERLINK "https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses" \l "i1057419" 52.219-752.219-6.

__ (16) (i) HYPERLINK "https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses" \l "i52_219-8" 52.219-852.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).Utilization of Small Business Concerns (Oct 2018) ( HYPERLINK "http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3" \t "_blank" 15 U.S.C. 637(d)(2) and (3)).

__(ii) Alternate I (Mar 2020) of 52.219-7 __ (17)

(i) HYPERLINK "https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses" \l "i52_219-9" 52.219-952.219-8, Utilization of Small Business Concerns (Sep 2023) (15 U.S.C. 637(d)(2) and (3)).Small Business Subcontracting Plan (Jun 2020) ( HYPERLINK "http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3" \t "_blank" 15 U.S.C. 637(d)(4)).

__ (18) (i) 52.219-9, Small Business Subcontracting Plan (Sep 2023) (15 U.S.C. 637(d)(4)) __ (ii) Alternate I (Nov 2016) of 52.219-9.

__ (iii) Alternate II (Nov 2016) of 52.219-9.

__ (iv)Alternate III (Jun 2020) of 52.219-9.

__ (v)Alternate IV (Jun 2020Sep 2023) of 52.219-9 __ (189)

(i) HYPERLINK "https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses" \l "i1057715" 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

__ (ii) Alternate I (Mar 2020) of HYPERLINK "https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses" \l "i1057715" 52.219-13.

__ (2019) HYPERLINK "https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses" \l "i1057730" 52.219-14, Limitations on Subcontracting (Mar 2020Oct 2022) (15 U.S.C. 637(a)(14)).

__ (201) HYPERLINK "https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses" \l "i1057758" 52.219-1652.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).

__ (212) HYPERLINK "https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses" \l "i1057823" 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Mar 2020Oct 2022) (15 U.S.C. 657f).

__ (223)

(i) HYPERLINK "https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses" \l "i1057874" 52.219-28, Post Award Small Business Program RerepresentationRepresentation (May 2020Sep 2023) (15 U.S.C. 632(a)(2)).

(ii) Alternate I (MAR 2020) of HYPERLINK "https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses" \l "i1057874" 52.219-28.

__ (234) 52.219-29, Notice of Set-Aside for, or Sole- Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Mar 2020Oct 2022) (15 U.S.C. 637(m)).

__ (245) HYPERLINK "https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses" \l "i1057947" 52.219-30, Notice of Set-Aside for, or Sole- Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Mar2020Oct 2022) (15 U.S.C. 637(m)).

__ (256) 52.52.219-32-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

__ (267) 52.219-3352.219-33, Nonmanufacturer Rule (Sep 2021Mar 2020) (15U.S.C. 637(a)(17)).

__ (278) HYPERLINK "https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses" \l "i1055332" 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

__ (289) HYPERLINK "https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses" \l "i1055664" 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan2020Dec 2022) (E.O.13126).

__ (3029) HYPERLINK "https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses" \l "i1055713" 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

__ (310)

(i) HYPERLINK "https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses" \l "i1055793" 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

__ (ii) Alternate I (Feb 1999) of HYPERLINK "https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses" \l "i1055793" 52.222-26.

__ (312)

(i) HYPERLINK "https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses" \l "i1056230" 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

__ (ii) Alternate I (Jul 2014) of HYPERLINK "https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses" \l "i1056230" 52.222-35.

__ (323)

(i) HYPERLINK "https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses" \l "i1056250" 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

__ (ii) Alternate I (Jul 2014) of 52.222-36.

__ (334) HYPERLINK "https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses" \l "i1056265" 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

__ (345) HYPERLINK "https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses" \l "i1056304" 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

__ (356)

(i) HYPERLINK "https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses" \l "i1056535" 52.222-50, Combating Trafficking in Persons (Jan 2019Nov 2021) (22 U.S.C. chapter 78 and E.O. 13627).

__ (ii) Alternate I (Mar 2015) of HYPERLINK "https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses" \l "i1056535" 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

__ (37(36) 52.222-54, Employment Eligibility Verification (Oct 2015May 2022). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in HYPERLINK "https://acquisition.gov/content/part-22-application-labor-laws-government-acquisitions" \l "i1095479" 22.1803.)

__ (387)

(i) HYPERLINK "https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses" \l "i1053138" 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of HYPERLINK "https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses" \l "i1053138" 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (389) HYPERLINK "https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses" \l "i1053180" 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (3409) HYPERLINK "https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses" \l "i1053196" 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

__ (401)

(i) HYPERLINK "https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses" \l "i1053207" 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Oct 2015) of HYPERLINK "https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses" \l "i1053207" 52.223-13.

__ (412)

(i) HYPERLINK "https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses" \l "i1053232" 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun2014) of HYPERLINK "https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses" \l "i1053232" 52.223-14.

__ (423) HYPERLINK "https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses" \l "i1053246" 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).

__ (434)

(i) HYPERLINK "https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses" \l "i1053274" 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of HYPERLINK "https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses" \l "i1053274" 52.223-16.

__ (454) HYPERLINK "https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses" \l "i1053316" 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

__ (456) HYPERLINK "https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses" \l "i52_223_20" 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (467) HYPERLINK "https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses" \l "id1668D08086F" 52.223-21, Foams (Jun 2016) (E.O. 13693).

__ (478)

(i) HYPERLINK "https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses" \l "i52_224_3" 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

__ (ii) Alternate I (Jan 2017) of HYPERLINK "https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses" \l "i52_224_3" 52.224-3.

__ (489) HYPERLINK "https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses" \l "i1053372" 52.225-1, Buy American-Supplies (Oct 2022May 2014) (41 U.S.C. chapter 83).

__ (ii) Alternate I (Oct 2022) of 52.225-1.

__ (4950)

(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Dec 2022) ( 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43. HYPERLINK "https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses" \l "i1053446" 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) ( HYPERLINK "http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3" \t "_blank" 41 U.S.C.chapter83, HYPERLINK "http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3" \t "_blank" 19 U.S.C. 3301 note, HYPERLINK "http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3" \t "_blank" 19 U.S.C. 2112 note, HYPERLINK "http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3" \t "_blank" 19 U.S.C. 3805 note, HYPERLINK "http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3" \t "_blank" 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I [ Reserved](May 2014) of HYPERLINK "https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses" \l "i1053446" 52.225-3.

__ (iii) Alternate II (May 2014Dec 2022) of HYPERLINK "https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses" \l "i1053446" 52.225-3.

__ (iv) Alternate III (Jan 2021May 2014) of HYPERLINK "https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses" \l "i1053446" 52.225-3.

__ (v) Alternate IV (Oct 2022) of 52.225-3.

__ (5051) HYPERLINK "https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses" \l "i1053648" 52.225-5, Trade Agreements (Oct 2019Dec 2022) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__ (512) HYPERLINK "https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses" \l "i1054249" 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (523) HYPERLINK "https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses" \l "i1054921" 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note). HYPERLINK "http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3" \t "_blank" 10 U.S.C. 2302Note).

__ (534) HYPERLINK "https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses" \l "i1055038" 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C. 5150).

__ (545) HYPERLINK "https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses" \l "i1055048" 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150).

__ (556) HYPERLINK "https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses" \l "id205VI30B0ZS" 52.229-12, Tax on Certain Foreign Procurements (Jun 2020Feb 2021).

__ (567) HYPERLINK "https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses" \l "i1050508" 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002Nov 2021) (41 U.S.C. 4505, HYPERLINK "http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3" \t "_blank" 10 U.S.C. 2307(f)10 U.S.C. 3805).

__ (578) HYPERLINK "https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses" \l "i1050540" 52.232-30, Installment Payments for Commercial Items (Nov 2021Jan2017) (41 U.S.C. 4505, HYPERLINK "http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3" \t "_blank" 10 U.S.C. 2307(f)10 U.S.C. 3805).

X__ (589) HYPERLINK "https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses" \l "i1050674" 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) (31 U.S.C. 3332).

__ (6059) HYPERLINK "https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses" \l "i1050705" 52.232-34,1 Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (601) HYPERLINK "https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses" \l "i1050789" 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (612) HYPERLINK "https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses" \l "i1049272" 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (623) HYPERLINK "https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses" \l "i52_242-5" 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

__ (634)

(i) HYPERLINK "https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses" \l "i1046560" 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021Feb 2006) ( 46 U.S.C. 55305 and 10 U.S.C. 2631). ( HYPERLINK "http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3" \t "_blank" 46 U.S.C. Appx. 1241(b) and HYPERLINK "http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3" \t "_blank" 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of HYPERLINK "https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses" \l "i1046560" 52.247-64.

__ (iii) Alternate II (Nov 2021Feb 2006) of HYPERLINK "https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses" \l "i1046560" 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

__ (1) HYPERLINK "https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses" \l "i52_222_41" 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).

__ (2) HYPERLINK "https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses" \l "i1056410" 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (3) HYPERLINK "https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses" \l "i1056443" 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4) HYPERLINK "https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses" \l "i1056463" 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).

__ (5) HYPERLINK "https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses" \l "i1056685" 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

__ (6) HYPERLINK "https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses" \l "i1056732" 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

__ (7) HYPERLINK "https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses" \l "i1056818" 52.222-55, Minimum Wages Under Executive Order 136584026 (Jan 2022Dec 2015).

__ (8) HYPERLINK "https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses" \l "i52_222_62" 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 201722) (E.O. 13706).

__ (9) HYPERLINK "https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses" \l "i1055065" 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR HYPERLINK "https://acquisition.gov/content/part-2-definitions-words-and-terms" \l "i1125359" 2.101, on the date of award of this contract, and does not contain the clause at HYPERLINK "https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses" \l "i1059150" 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR HYPERLINK "https://acquisition.gov/content/part-4-administrative-and-information-matters" \l "i1122629" subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) HYPERLINK "https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses" \l "i1063504" 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021Jun 2020) (41 U.S.C. 3509).

(ii) HYPERLINK "https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses" \l "i52_203-19" 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) HYPERLINK "https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses" \l "id189A70O0P1N" 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018Nov 2021) (Section 1634 of Pub. L. 115-91).

(iv) HYPERLINK "https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses" \l "unique_1968408723" 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).

(vi) HYPERLINK "https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses" \l "i52_219-8" 52.219-8, Utilization of Small Business Concerns (Oct 2018Sep 2023) ( HYPERLINK "http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637&num=0&edition=prelim" \t "_blank" 15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR HYPERLINK "https://acquisition.gov/content/part-19-small-business-programs" \l "i1100224" 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vii) HYPERLINK "https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses" \l "i1055713" 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(viii) HYPERLINK "https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses" \l "i1055793" 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).

(ixviii) HYPERLINK "https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses" \l "i1056230" 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

(ix) HYPERLINK "https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses" \l "i1056250" 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

(xi) HYPERLINK "https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses" \l "i1056265" 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

(xii) HYPERLINK "https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses" \l "i1056304" 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xiii) HYPERLINK "https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses" \l "i52_222_41" 52.222-41, Service Contract Labor Standards (Aug2018) (41 U.S.C. chapter 67).

(xiivi)

(A) HYPERLINK "https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses" \l "i1056535" 52.222-50, Combating Trafficking in Persons (Jan 2019Nov 2021) (22 U.S.C. chapter 78 and E.O 13627).

(B) Alternate I (Mar2015) of HYPERLINK "https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses" \l "i1056535" 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xiv) HYPERLINK "https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses" \l "i1056685" 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May2014) (41 U.S.C. chapter 67).

(xvi) HYPERLINK "https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses" \l "i1056732" 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May2014) (41 U.S.C. chapter 67).

(xvii) HYPERLINK "https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses" \l "i1056753" 52.222-54, Employment Eligibility Verification (Oct 2015May 2022) (E.O. 12989).

(xviii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xixviii) HYPERLINK "https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses" \l "i52_222_62" 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 202217) (E.O. 13706).

(xix)

(A) HYPERLINK "https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses" \l "i52_224_3" 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of HYPERLINK "https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses" \l "i52_224_3" 52.224-3.

(xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxii) HYPERLINK "https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses" \l "i1055065" 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxiii) HYPERLINK "https://www.acquisition.gov/far/52.232-40" \l "FAR_52_232_40" \o "52.232-40" 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.

(xxiivi) HYPERLINK "https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses" \l "i1046560" 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006Nov 2021) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause HYPERLINK "https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses" \l "i1046560" 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

52.52.217-6217-6 OPTION FOR INCREASED QUANTITY (MAR 1989)

The Government may increase the quantity of supplies called for in the Schedule at the unit price specified. The Contracting Officer may exercise the option by written notice to the Contractor within __________ Delivery of the added items shall continue at the same rate as the like items called for under the contract, unless the parties otherwise agree.

(End of clause)

52.217-7 OPTION FOR INCREASED QUANTITY—SEPARATELY PRICED LINE ITEM (MAR 1989

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within _______Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

(End of clause)

52.222-42 – STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 20198914)

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor ( 29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C.5341 or 5 332.In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

This Statement is for Information Only:

It is not a Wage Determination

Employee Class
Monetary Wage -- Fringe Benefits

(End of Clause)

52.23252.232-39-39 – - UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)

(a) Except as stated in paragraph (b) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(1) Any such clause is unenforceable against the Government.

(2) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(3) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(b) Paragraph (a) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulation and procedures.

(End of clause)

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):

Federal Acquisition Regulation: https://www.acquisition.gov/far/ Health Human Services Acquisition Regulation (CFR, Title 48, Chapter 14): https://www.ecfr.gov/cgi-bin/text-idx?SID=3cb3a544d7205fbdb04b3f9d14094eb9&mc=true&tpl=/ecfrbrowse/Title48/48cfrv4_02.tpl#0

(End of clause) 52.252-6 – AUTHORIZED DEVIATIONS IN CLAUSES (Nov 2020APR 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any Department of the Interior Acquisition Regulation (48 CFR Chapter 14) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

D. CONTRACT DOCUMENTS, EXHIBITS OR ATTACHMENTS

Attachment No. Title Pages

1Statement of Work03
2Pricing Schedule01
3Service Contract Act14
4Self-Certification/Buy Indian01

E.

E. SOLICITATION PROVISIONS:

The following provisions are incorporated by reference:

Provision
Title
Date
52.204-7
SYSTEM FOR AWARD MANAGEMENT
OCT 20186
52.203-18
PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS-REPRESENTATION
JAN 2017
52.204-16
COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING
JULY 2016AUG 2020
52.204-19
INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS
DEC 2014
52.212-1
INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS
Sep 2023JAN 2017
52.225-25
PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN ACTIVITIES OR TRANSACTIONS RELATING TO IRAN—REPRESENTATION AND CERTIFICATIONS
FEB 2016JUN 2020
352.215-70
LATE PROPOSALS AND REVISIONS
DEC 2015
352.239-73
ELECTRONIC INFORMATION AND TECHNOLOGY ACCESSIBILITY NOTICE
DEC 2015

The following provisions are provided in full text:

52.209-11 – REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

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

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

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

(b) The Offeror represents that—

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

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

(End of provision) 52.212-3 – OFFEROR REPRESENTATIONS AND CERTIFICATIONS - -- COMMERCIAL ITEMS (SEP 2023)NOV 2017) 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 (u))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 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

“Forced or indentured child labor” means all work or service -—

(16) 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

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

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

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

“Inverted domestic corporation,” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—

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

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

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

“Reasonable inquiry” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology—

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

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

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

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

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

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

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

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

“Small business concern” -

(1) mMeans 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 124.1001,” means a small business concern under the size standard applicable to the acquisition, that—--

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

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding the threshold at 13 CFR 124.104(c)(2)…

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