HT940624R0005 Final.docx

COMBINED SYNOPSIS/SOLICITATION HT940624R0005

Ice Machine Maintenance Naval Medical Center Portsmouth, VA (NMCP)

This is a combined synopsis/solicitation for commercial services prepared in accordance with FAR 12.6, Streamlined Procedures for Evaluation and Solicitation for Commercial Products and Commercial Services, as supplemented with additional information included in this notice and FAR 13, Simplified Acquisition Procedures. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. The solicitation number is HT940624R0005. The solicitation is issued as a Request for Proposal (RFP). Provisions and clauses in effect through Federal Acquisition Circular 2023-05 (published 08August 2023) are incorporated. It is the contractor’s responsibility to be familiar with the applicable clauses and provisions. The clause may be accessed in full text at: https://www.acquisition.gov/.

This action is set-aside 100% for Economically Disadvantaged Women Owned Small Businesses (EDWOSB). The associated North American Industrial Classification System (NAICS) code for this procurement is 811310, with a small business size standard of $12.5M.

The Naval Medical Center Portsmouth, VA (NMCP) has a requirement for a firm fixed price contract that provides cleaning and preventative maintenance support and on-site repairs for ice machines located at NMCP and its outlying clinics. The solicitation will result in one (1) firm fixed price contract.

The estimated periods of performance are outlined below:

6-month Extension (FAR 52.217-8): 01 April 2029 – 30 September 2029

The scope of the requirement is listed in the Performance Work Statement (PWS). Naval Medical Center Portsmouth, VA (NMCP) requests responses from qualified sources capable of providing services outlined in the Performance Work Statement (PWS).

ADMINISTRATIVE INFORMATION

Contracting Officer: Jacqueline M. Mendoza

Contract Specialist: Laura L. Powers

The Question and Answer period of the solicitation can be found in ADDENDUM to 52.212-1 – INSTRUCTIONS TO OFFERORS – COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

The closing date of the solicitation can be found in ADDENDUM to 52.212-1 – INSTRUCTIONS TO OFFERORS – COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

The evaluation criteria can be found in ADDENDUM to 52.212-2 – EVALUATION – COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

Section SF 1449 - CONTINUATION SHEET

ADMINISTRATIVE INFORMATION

The point of contact for administrative concerns at Defense Health Agency (DHA), is Mrs. Laura Powers, laura.l.powers10.civ@health.mil

Preventive Maintenance Services

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Ice Machine & Dispensers listed in Performance Work Statement (PWS).

FOB: Destination J041

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Service Calls

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Ice Machine & Dispensers listed in Performance Work Statement (PWS).

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IAW Performance Work Statement (PWS)

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Ice Machine & Dispensers listed in Performance Work Statement (PWS).

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IAW Performance Work Statement (PWS)

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Ice Machine & Dispensers listed in Performance Work Statement (PWS).

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Ice Machine & Dispensers listed in Performance Work Statement (PWS).

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Ice Machine & Dispensers listed in Performance Work Statement (PWS).

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PERFORMANCE WORK STATEMENT

Department of Defense Defense Health Agency Performance Work Statement

Ice Machine Maintenance Support Services

Naval Medical Center Portsmouth, VA (NMCP) Materiel Management Department

Solicitation Number: HT940624R0005 Version: 1 Date: 16 October 2023

PART 1

1.0 GENERAL INFORMATION

1.1 This is a non-personal services contract to provide cleaning and preventative maintenance support and on-site repairs for ice machines located at Naval Medical Center Portsmouth, VA (NMCP) and it’s outlying clinics.

1.2 Description of services/introduction: The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform cleaning and preventative maintenance support for ice machines as defined in this Performance Work Statement (PWS) except for those items specified as Government furnished property and services. The Contractor shall perform to the standards in this PWS.

1.3 Background: All medical treatment facilities (MTF) require ice machines for to provide patient care. NMCP requires ice machines for use in patient care, patient consumption, blood bank storage, and medical and surgical procedures.

1.4 Objectives: The Contractor shall provide Cleaning and Preventive Maintenance support, On-site Repairs and filter replacement for various ice machines and support items/components items listed in Attachment 1 at NMCP and its outlying clinics. Cleaning and maintenance support shall be serviced in accordance with Original Equipment Manufacturer (OEM) specifications. Service may be required seven days a week during the entire period of performance to include performing emergency service work, routine service work, and preventive maintenance monthly. Contractor’s pricing shall be inclusive of all costs including parts, labor, travel and shipping unless otherwise indicated for all minor/major repairs required to maintain all items in a safe, reliable and satisfactory operating condition.

1.5 Scope: This Contractor shall provide maintenance services which include monthly maintenance of ice machines to include repair services as needed.

1.6 Period of Performance (PoP): 01 April 2024 – 31 March 2025 with four (4) option years, and one 6-month extension.

1.6.1 Transition: N/A

1.6.1.1 Transition-in period: N/A

1.6.1.1.1 The contractor shall comply with transition-in requirements of the DHA, as listed in paragraph 1.11.1, for contractors needing to be issued Common Access Card (CAC) identification (if applicable).Network access is not required for this requirement.

1.7 Administrative Specifications

1.7.1 Place of performance: The work shall be performed at Naval Medical Center Portsmouth, VA located at 620 John Paul Jones Circle, Portsmouth, VA 23708.

1.7.2 Recognized Federal Holidays: The Contractor will not be required to perform services on the day of observance of Federal Holidays.

1.7.3 Hours of operation: The Contractor is responsible for conducting business Monday thru Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons.

1.7.4 Emergency Services: On occasion, services may be required to support an activation or exercise of contingency plans outside the normal duty hours.

1.8 Contractor Travel: Not applicable.

1.9 Other Direct Costs (ODC): Not applicable

1.10 Quality.

1.10.1 Quality Control (QC): The Contractor shall develop and maintain an effective QC program to ensure services are performed in accordance with this PWS. The Contractor shall develop and implement procedures to identify, prevent, and ensure nonrecurrence of defective services. The Contractor’s QC program is the means by which the work complies with stated requirements. Monthly maintenance will be conducted on ice machines to include maintenance sticker being updated on machine. After acceptance of the Quality Control Plan (QCP) the contractor shall receive the MTF Director’s acceptance in writing of any proposed change to the QC system.

1.10.2 Quality assurance (QA): The government will evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). This plan provides a systematic method for the Government to evaluate performance and to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

1.11 Contractor Personnel

1.11.1 CAC requirements: N/A

1.11.3 Physical Security: N/A

1.11.4 Key control: Reserved

1.12 Key personnel (Contractor): The Contractor shall provide a contract manager who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the contractor when the manager is absent shall be designated in writing to the CO. The contract manager or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The contract manager or alternate shall be available between 8:00 a.m. to 4:30 p.m. Monday thru Friday except Federal holidays or when the government facility is closed for administrative reasons. Qualifications for all key personnel are listed below: Qualified to conduct maintenance and services on ice machines as needed.

1.13 Data rights: Reserved.

1.14 Reporting

1.14.1 Contractor Manpower Reporting (CMR): Reserved.

1.14.2 Non-Disclosure Agreement (NDA): N/A

1.14.3 Government’s COR: The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: assure that the contractor performs the technical requirements of the contract; perform inspections necessary in connection with contract performance; maintain written and oral communications with the contractor concerning technical aspects of the contract; issue written interpretations of technical requirements, including Government drawings, designs, specifications; monitor contractor's performance and notifies both the CO and contractor of any deficiencies; coordinate availability of government furnished property; and provide site entry of contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting contract.

1.14.4 Post award conference/periodic progress meetings: The contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with FAR Subpart 42.5. The CO, COR, and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings the CO will apprise the contractor of how the government views the contractor's performance and the contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government.

1.15 Contractor Identification

1.15.1 Contractor personnel performing services in a contractor capacity in a Government facility are required to possess and wear an identification badge that displays his or her name and the name of their company. All contractor personnel shall identify themselves as contractor support personnel in all forms of communication with all entities with whom DHA/Deputy Assistant Director for Acquisition (DAD-A)/Head of the Contracting Activity (HCA) has business dealings. The contractor shall: Answer all telephone calls and have a personalized voice message with an introductory statement that includes the fact that the person is contractor support personnel. Ensure all those with whom the person interacts in any face-to-face dealings while supporting the DAD-A understands that the person is contractor support personnel. Include a title block in all emails that states the fact that the person is contractor support personnel. Ensure all those with whom the person interacts in any face-to-face dealings while supporting DHA/DAD-A/HCA understands that the person is contractor support personnel.

1.15.2 Contractor personnel will be required to attend meetings or otherwise communicate with Government and/or other contract representatives to meet the requirements of this order. Contractor personnel shall make their contractor status known during introductions.

1.15.3 Contractor personnel, while performing in a contractor capacity, are prohibited from using their retired or reserve component military rank or title in any written or verbal communications associated with the contracts in which they provide services.

1.15.4. Contractors shall wear identifying badges at all times when conducting business inside a Government facility.

1.16 Contractor Access to Health Affairs (HA)/DHA Network(s) – Reserved.

1.17 Personnel Security. N/A

PART 2

2.0 DEFINITIONS, ACRONYMS, AND APPLICABLE PUBLICATIONS/INSTRUCTIONS

2.1 Definitions:

2.1.1 Contracting Officer (CO): A person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings.

2.1.2 Contracting Officer’s Representative (COR): An individual, including a contracting officer’s technical representative (COTR), designated and authorized in writing by the CO to perform specific technical or administrative functions. This individual does NOT have authority to change the terms and conditions of the contract.

2.1.3 Nonpersonal services contract: a contract under which the personnel rendering the services are not subject, either by the contract’s terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the Government and its employees.

2.1.4 Quality Assurance Surveillance Plan (QASP): An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance. The Government may either prepare the QASP or require the offerors to submit a proposed quality assurance surveillance plan for the Government’s consideration in development of the Government’s plan.

2.2 Acronyms:

2.3 Applicable Publications, DHA Administrative Instructions (AI), etc. – N/A

PART 3

3.0 GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

The Requiring Activity Authority has assessed the need for Government Furnished Property, Equipment, and Services and determined:

3.1 Services: The Government:

☒ Will NOT provide Government Furnished Services in support of this contract/task order. As a result, this paragraph is Not Applicable.

☐ WILL provide Government Furnished Services required in support of this contract/task orders. These Services are described below: N/A

3.2 Facilities: The Government:

☒ Will NOT provide Facilities in support of this contract/task order. As a result, this paragraph is Not Applicable.

☐ WILL provide Facilities in support of this contract/task orders. The Government provided Facilities are described below: N/A

3.3 Utilities: The Government:

☐ Will NOT provide Utilities in support of this contract/task order. As a result, this paragraph is Not Applicable.

☒ WILL provide Utilities in support of this contract/task orders. The Government provided Utilities are described below: electric power, water to the machine, and drain for each unit.

3.4 Equipment: The Government:

☒ Will NOT provide Equipment in support of this contract/task order. As a result, this paragraph is Not Applicable.

☐ WILL provide Equipment in support of this contract/task orders. The Government provided Equipment is described below: N/A

3.4.1 Procurement Integrated Enterprise (PIEE), GFP Module Application N/A

Contracting Office Responsibilities: N/A

Contractor Responsibilities: N/A

3.5 Materials: The Government:

☒ Will NOT provide Materials in support of this contract/task order. As a result, this paragraph is Not Applicable.

☐ IS providing Materials in support of this contract/task orders. The Government-provided Materials are described below: N/A

PART 4

4.0 CONTRACTOR FURNISHED ITEMS AND SERVICES

4.1 Services: The Contractor:

☒ Will NOT provide Contractor Furnished Services in support of this contract/task order. As a result, this paragraph is Not Applicable.

☐ WILL provide Contractor Furnished Services required in support of this contract/task orders. These Services are described below: N/A

4.2 General: The Contractor shall furnish all supplies, equipment, facilities and services required to perform work listed under Section 5 of this PWS.

4.3 Secret Facility Clearance: N/A

4.4 Materials: N/A

4.5 Equipment: N/A

4.6 Facilities: N/A

PART 5

5.0 SPECIFIC TASKS

5.1 Maintenance Services: The Contractor shall provide cleaning and preventative maintenance support and on-site repairs for various ice machines at support items/components listed in Attachment 1 at Naval Medical Center Portsmouth, VA and its outlying clinics.

5.1. Task 1. Duties – Specific.

5.1. Task 1.1. The Contractor shall clean ice machines on a monthly basis. Cleaning services will include:

i. Cleaning condensers, drains and drip pans monthly.

ii. Chemically cleaning and sanitizing units quarterly.

iii. Replace filters in each ice machine quarterly.

5.1. Task 1.2. The Contractor shall provide a written detailed service report to the Technical Point of Contact or designated representative at the end of each service visit. The service report shall include, but not limited to, equipment description with model, serial number and a description of the service(s) performed.

5.1. Task 1.3. The Contractor shall notify Government of any issues and/or defects during cleaning of ice machines. At this time, Contractor shall provide repair services if approved by the Government.

5.1. Task 1.5. The Contractor shall provide all consumable/common hardware and software items, to include but not limited to filters, drains, dispersers, tubes, etc.

5.1. Task 1.6. The Contractor shall provide all parts with a retail value not exceeding the limit of liability value of $100.00 in value for each piece of equipment per year/per service call.

5.1. Task 1.7. For repair parts that exceed the limit of liability, the Contractor shall provide an estimate to the Technical Point of Contact within two (2) business days of discovery of required additional parts.

5.1. Task 1.8. The Contractor’s estimate shall include the cost of all additional parts and any other charges such as shipping and environmental fees and include the approximate lead-time on obtaining parts and whether “fast ship” options are available for required parts. The Government will determine best method of procurement for additional parts and notify Contractor when required parts are available to complete the repairs. The Government may request Contractor to provide up to three competitive quotes on all parts that exceed $250.00 in value.

5.1. Task 1.9. The Government shall reserve the right not to repair equipment.

5.1. Task 1.10. The Contractor shall warrant all repairs including replaced parts for a period of no less than 90 days.

5.1. Task 1.11. Contractor shall respond to 35 service calls, three hours per service call per year during normal business hours (Monday – Friday, 0700 – 1500). Pricing to include labor, travel and shipping.

Government Furnished Property, Materials and Services.

a. The Contractor is encouraged to perform a pre-maintenance inspection prior to the onset of the contract start date or not later than 10 days after award. Any apparent and non-apparent/hidden discrepancies must be identified to the Contracting Officer not later than fourteen (14) days after contract award. The Government reserves the right to modify the resultant contract to authorize one-time repairs or issue a separate purchase order for any equipment found to be inoperable during this pre-maintenance inspection. The cost of repairs shall not exceed Contractor’s normal and industry standard retail rate for required repairs. The Government certifies that the equipment to be maintained under this contract will be in good operating condition on the effective date of this contract except as noted herein. For the purpose of this contract, the clause, “good operating condition” means the conditions necessary for the equipment to function as intended without corrective maintenance.

b. The Contractor agrees to leave the equipment in good operating condition at the expiration of this contract. During the final week of this contract, the Government will make final inspection of the equipment. Any correction of deficiencies noted during this inspection shall be resolved prior to contract end. The Government reserves the right to request the repair (at no additional cost to the Government) of items identified with latten defects after contract termination, when it has been determined that defects either are a result of Contractor’s performance or should have been discovered during normal performance of work under this contract. Final payment due to the Contractor may be withheld until deficiencies have been corrected and all equipment is back in satisfactory working condition.

c. The Government will not be responsible for the damage or loss due to fire, theft, accident, or other disaster of Contractor supplies, materials, or for the personal belongings brought onto Government property by Contractor’s personnel.

5.1. Task 2. Contractor Responsibility

a. The Contractor shall be responsible for the repair/replacement of damaged Government owned equipment and property due to the negligence of the Contractor or his representatives. All such replacement or repair shall be at the Contractor’s expense and shall be inspected to the satisfaction of the Contracting Officer or appointed representative.

5.1. Task 2.1. Preventive Maintenance Services

a. Preventive maintenance services shall be performed at the time mutually agreed upon between the Government and the Contractor to be completed as soon as possible after contract award during the base year and option year period of performance.

The Contractor shall make a best effort to schedule and complete preventive maintenance services prior to the last business day of the selected month.

b. The Contractor shall have his/her own service manuals, specifications, schematic diagrams, and parts lists to assist in the evaluation/repair of all equipment included in this contract.

c. The Contractor shall affix a sticker/label on each ice machine that notes when preventive maintenance services were completed and the date the next PM is due.

5.1. Task 2.2. Service Beyond the Scope of the Contract.

a. The Contractor shall immediately, but not later than 24 consecutive hours after discovery, notify the Technical Point of Contact in writing, of the existence or the development of any defects in, or repair required to the equipment, which the Contractor considers they are not responsible for under the terms of this contract.

b. At the same time of the notification, the Contractor shall furnish the Technical Point of Contact with written estimate of the cost to make the necessary repairs. Repairs considered by the Contracting Officer to be outside the scope of this contract shall not be covered under this contract, but shall be ordered under a separate purchase order.

The Government shall provide the contractor with written notification of all major changes to this list of equipment via a contract modification approved and signed by the Contracting Officer. It is the Government’s intent to keep this list as accurate as possible. The Government shall reserve the right not to make any minor changes to the list of equipment (+/- 10%).

PART 6

6.0 INFORMATION TECHNOLOGY & SECURITY

6.1 All work under this contract is unclassified.

6.2 Reserved.

6.3 Personally Identifiable Information (PII)/Protected Health Information (PHI), Procurement, and Federal information requirements: Not applicable.

6.4 Training

6.4.1 Contractor employees performing cybersecurity/cyberspace functions shall comply with the following requirements: Not applicable.

6.5 Cybersecurity Requirements for Non-DoD IT or Covered Contractor is: Reserved.

6.6 Risk Management Framework (RMF) for DoD IT: Reserved.

6.7. Facility Related Control Systems: Reserved.

6.8. System Communications - Reserved.

6.9 MHS Demilitarized Zone (DMZ) Medical Community of Interest (MedCOI) Business-to-Business (B2B) Gateway: Reserved.

6.10 Contractor Provided IT Infrastructure: Reserved.

6.11 System Authorization Acess Request (SAAR), Defense Department (DD) Form 2875: Reserved.

6.12 MHS Systems Telecommunications: Reserved.

6.13 Establishment of Telecommunications: Reserved.

6.14 Contractors Located On Military Installations: Reserved.

PART 7

7.0 ATTACHMENTS/TECHNICAL EXHIBIT LISTING

7.1 The following forms are to be completed by the FSO/Security POC, or COR once the contractor is granted the proper background investigation: No forms are required to be completed for a background investigation for these services.

7.2. Contractor Personnel are required to complete SECNAV 5512/1 (DEPARTMENT OF THE NAVY LOCAL POPULATION ID CARD [DBIDS]/BASE ACCESS PASS REGISTRATION) to submit to the COR for processing.

PART 7, ATTACHMENT 1

PERFORMANCE REQUIREMENTS SUMMARY

The contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.

Performance Objective

Performance Requirements Summary (PRS) # 1.

The Contractor shall provide monthly maintenance of ice machines

PRS # 2

Service of ice machines

DELIVERY INFORMATION

31-MAR-2025

NAV MED CNT PORTSMOUTH VA - MM

ATTN SUPPLY OFFICER BLDG 250

54 LEWIS MINOR STREET

PORTSMOUTH VA 23708-2297

HT0242

31-MAR-2025

HT0242

31-MAR-2026

HT0242

31-MAR-2026

HT0242

31-MAR-2027

HT0242

31-MAR-2027

HT0242

31-MAR-2028

HT0242

31-MAR-2028

HT0242

31-MAR-2029

HT0242

31-MAR-2029

HT0242

30-SEP-2029

HT0242

30-SEP-2029

HT0242

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services--Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

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

(b) Prohibition.

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

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

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

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

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

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

(d) Representations. The Offeror represents that--

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

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

It [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT

2020)

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

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

(c) Representations.

(1) The Offeror represents that it [ ___ ] does, [ ___ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS - COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEVIATION 2023-O0002) (DEC 2022) ALTERNATE I (OCT 2014) The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

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

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

Forced or indentured child labor means all work or service -

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology -

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

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

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

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

Service-disabled veteran-owned small business concern -

(1) Means a small business concern -

(i) Not less than 51 percent of which is owned by one or more…