IHS1453261 Solicitation.pdf

RFQ: IHS1453261

Release: Monday, August 15, 2022

Close: Tuesday, August 30, 2022, 12 P.M. CST

Part I – The Schedule

BACKGROUND: The Indian Health Service (IHS) National Supply Service Center (NSSC) located in Oklahoma City, Oklahoma, services IHS and Tribal Health Care facilities nationwide. The NSSC Coordinates and manages the purchase and distribution of pharmaceuticals, medical, dental and other health care related supply items. Accordingly, NSSC serves as the IHS Supply management operation and distributor of emergency and pandemic supplies. Currently the NSSC requirements are to obtain quality PPE and Supplies at the best possible price to be used uniformly, as medically appropriate.

A. Solicitation/Contract Form

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. The Buy American- Supplies, 52.225-1 Clause will apply in this

Solicitation. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued. This solicitation document and incorporated provisions and clauses are those in effect through FAC 2022-07, effective

August 10, 2022.

NAICS CODE: 423450, SIZE STANDARD: 200

Set Aside: 100% Indian Economic Enterprise

1. Issuing Office:

Indian Health Service

National Supply Service Center

501 NE 122nd Suite F

Oklahoma City, OK 73114

2. Solicitation Number: IHS1453261

3. Date of Issuance: August 15, 2022

4. Closing date and time: August 30, 2022 NLT 12 P.M. CST

5. Number of pages: 40

6. Requisition or other purchase authority: IHS1453261

7. Brief description of item or service:

The purpose of this requirement is to obtain appropriate Personal Protective Equipment

(PPE) to provide the necessary protection against coronavirus (COVID-19) for IHS staff and the patients they serve. The procurement of Isolation/Surgical gowns, hazmat suits, bouffant caps, pulse oximeters and no-touch infrared medical grade thermometers will allow IHS to properly support I/T/U facilities nationwide with the critical PPE to properly and safely care for patients.

8. Offeror Requirement:

Offeror is required to fill out information on quote schedule and return with quote.

9. Offer expiration date:

Offer shall be good for up to 90 days after the close of the solicitation.

B. Supplies or services and prices/costs

1. Supplies or services:

IHS NSSC is seeking PPE to provide the necessary protection against highly contagious viral infections, such as COVID-19. Protection of healthcare workers and first responders from respiratory transmission of pathogens is essential to maintaining the resiliency of the IHS healthcare system. Isolation gowns and bouffant caps are examples of PPE included in infection control strategies to protect the wearer. The availability of and appropriate use of PPE is an important component of overall infection prevention controls.

2. Prices/Costs:

Offeror shall quote each item described in the schedule. Offerors shall enter values into the attached excel spreadsheet schedule as prescribed below.

a) Columns K & L, if applicable, with the “equal item” manufacturer and manufacturer item number

b) Columns I & J, required, with pricing information

c) Complete all other fields in excel spreadsheet

d) Quote must contain RFQ number and company name in the title

C. Description/specifications

The purpose of this requirement is to obtain the highest quality PPE at the best possible price to be used uniformly, as medically appropriate.

There are nine (9) CLINS. Each CLIN represents a particular item with description, quantities, and unit of measures where applicable. Isolation Gowns, Tyvek Suits/Coveralls, Bouffant Caps, Shoe Covers, Pulse Oximeters, No-Touch Infrared Thermometers must have a minimum shelf life of 2 years from the date of award of the contract.

CLIN 1. Disposable AAMI Level I Isolation Gown

Gown Minimum Technical Requirements (MTR) are listed in the table below.

Coverage should fully cover the front torso, arms, and back with tie in the back.

Product must be listed in FDA Establishment Registration & Device Listing database as Class 1 with Product Code OEA made in the United States of

America – Current Registration Year in FDA Establishment Registration & Device

Listing database must be either 2021 or 2022.

Quantity: 1,275,000 Each Regular size and 225,000 Each XL size. Product must be packaged in packages of 10 each and cases of 100 each (10 packages of 10 each per case).

Isolation Gown Level 1

TECHNICAL SPECIFICATIONS METHOD OF EVALUATION

MTR 1

AAMI Level 1 Liquid Barrier Protection (Minimal fluid and microbial barrier) Literature Review

MTR 2 Sizes: Regular/Large and XL Literature Review

MTR 3 Raglan Sleeves, Elastic Wrist, No Thumb Holes Literature Review

MTR 4 Weight: Light fabric Literature Review

MTR 5

Material (Spunbond/Meltblown/

Spunbond)/Polyester film/SMS Literature Review

MTR 6

Fully cover the front torso and arms and should tie in the back Literature Review

MTR 7 Disposable/Single use Literature Review

MTR 8 Non-sterile Literature Review

MTR 9 Closure - Neck Ties Literature Review

MTR 10 FDA approved – Device Product Code OEA Literature Review

MTR 11 No Hood Literature Review

MTR 12 Non-flammable Literature Review

MTR 13

Performance Requirements at 4% AQL: AATCC 42

Water Impact ≤ 4.5 g Literature Review

MTR 14

Intended Use: Minimal risk, to be used, for example, during basic care, standard isolation, cover gown for visitors, or in a standard medical unit

Literature Review

CLIN 2. Disposable ASTM Level 2 Isolation Gown

Coverage should fully cover the front torso, arms, and back with tie in the back.

Product must be listed in FDA Establishment Registration & Device Listing database as Class 1 with Product Code OEA made in the United States of

America – Current Registration Year in FDA Establishment Registration & Device

Listing database must be either 2021 or 2022.

Quantity: 1,275,000 Each Regular size and 225,000 Each XL size. Product must be packaged in packages of 10 each and cases of 100 each (10 packages of 10 each per case).

Isolation Gown Level 2

TECHNICAL SPECIFICATIONS METHOD OF EVALUATION

MTR 1

AAMI Level 2 Liquid Barrier Protection (Minimal to low fluid and microbial barrier) Literature Review

MTR 2 Sizes: Regular/Large and XL Literature Review

MTR 3 Raglan Sleeves, Elastic Wrist, No Thumb Holes Literature Review

MTR 4 Weight: Medium fabric Literature Review

MTR 5

Material (Spunbond/Meltblown/Spunbond)/Polyester film/SMS Literature Review

MTR 6 Fully cover the front torso and arms and should tie in the back Literature Review

MTR 7 Disposable/Single use Literature Review

MTR 8 Non-sterile Literature Review

MTR 9 Closure - Neck Ties Literature Review

MTR 10 FDA approved – Device Product Code OEA Literature Review

MTR 13

Performance Requirements at 4% AQL: AATCC 42 Spray Impact

≤ 1.0 g, AATCC 127 Hydrostatic Pressure ≥ 20 cm Literature Review

MTR 14

Intended Use: Minimal to low fluid and microbial barrier for use only for low-fluid, minimally invasive surgical procedures;

Simple orthopedic procedures during which tourniquets are used; Open hernia repair; Minimally Invasive Surgery (MIS);

Interventional radiology or catheter laboratory procedures.

CLIN 3. Disposable AAMI Level 3 Surgical Isolation Gown

Coverage should fully cover the front torso, arms with a tie in the back. Product must be listed in FDA Establishment Registration & Device Listing database as

Class 2 with Product Code FYA made in the United States of America – Current

Registration Year in FDA Establishment Registration & Device Listing database must be either 2021 or 2022.

Quantity: 1,275,000 Each Regular Size and 225,000 Each XL size. Product must be packaged in packages of 10 each and cases of 100 each (10 packages of 10 each per case).

Isolation Gown Level 3

TECHNICAL SPECIFICATIONS METHOD OF EVALUATION

MTR 1

AAMI Level 3 Liquid Barrier Protection (Moderate fluid and microbial barrier) Literature Review

MTR 2 Sizes: Regular/Large and XL Literature Review

MTR 3 Raglan Sleeves, Elastic Wrist, No Thumb Holes Literature Review

MTR 4 Weight: Heavy fabric Literature Review

MTR 5

Material (Spunbond/Meltblown/ Spunbond)/Polyester film/SMS Literature Review

MTR 6 Fully cover the front torso and arms and should tie in the back Literature Review

MTR 7 Disposable/Single use Literature Review

MTR 8 Non-sterile Literature Review

MTR 9 Closure - Neck Ties Literature Review

MTR 10 FDA approved – Device Product Code OEA Literature Review

MTR 13

Performance Requirements at 4% AQL: AATCC 42 Spray Impact

≤ 1.0 g, AATCC 127 Hydrostatic Pressure ≥ 50 cm Literature Review

MTR 14

Intended Use: The widest range of surgical procedures, where moderate fluid protection is indicated; Mastectomies;

Arthroscopic orthopedic procedures; Endoscopic urological procedures, Transurethral Prostate Resections (TURP), Open gastrointestinal and genitourinary procedures.

CLIN 4. Disposable Hazmat Suits

Must meet U.S. industry requirements for blood (ASTM F1670) and viral penetration (ASTM F1671) for protection against blood borne exposure – bound seams – stormflap cover that can be sealed – standard-fit hood – Must be Tychem

2000 QC127B YL or equivalent product.

Quantity: 9,996 eaches total – 3,000 medium sized, 4,500 large, 1,992 XL, 504

2XL. Product must be packaged in cases of 12.

CLIN 5. Disposable Bouffant Caps

Product must be latex free with elastic closures – product should be made of 1-layer spunbond meltblown spunbond (SMS) fabric – size large – must be equivalent to Halyard Health product number 69801.

Quantity: 750,000 eaches – 100 eaches per package and 500 eaches per case

CLIN 6. Disposable Bouffant Caps

Product must be latex free with elastic closures – product should be made of 3-layer SMS fabric – size large – must be equivalent to Halyard Health product number 69088.

Quantity: 750,000 eaches – 100 eaches per package and 300 eaches per case

CLIN 7. Shoe Cover

Product must be latex free – product should be made of SMS fabric with adhesive traction strips– Extra-large size – must be equivalent to Halyard Health product number 69254.

Quantity: 1,500,000 eaches – 80 eaches per package and 240 eaches per case

CLIN 8. Pulse Oximeters

Product must measure oxygen levels and heart rate by attaching to a finger without the use of needles – product must have a digital display – product must have clear and easy to read results – product must use AAA batteries that are included and packaged with the product following all hazardous shipping regulations imposed by our shipping partner, FedEx. These regulations can be found at:

http://images.fedex.com/us/packaging/guides/BatteryShipments_fxcom.pdf.

Quantity: 20,000 eaches

CLIN 9. No-Touch Infrared Medical Grade Thermometers

Product must accurately measure human body temperatures to within 0.1 degree

Celsius – product must read temperature in less than 2 seconds – product must read in Celsius and Fahrenheit – product must be capable of reading infant and adult temperatures accurately – product must have a digital readout and use AAA batteries that are included and packaged with the product following all hazardous shipping regulations imposed by our shipping partner, FedEx. These regulations can be found at:

http://images.fedex.com/us/packaging/guides/BatteryShipments_fxcom.pdf.

Quantity: 20,000 eaches

Any changes made by the contractor to the items delivered herein (e.g. delivery of an alternate item) must be authorized and approved via written correspondence from the CO.

Any costs incurred by the contractor resulting from any unapproved changes to the items delivered herein (including but not limited to the cost of returning the items to the contractor), shall be the sole responsibility of the contractor. Additionally, the contractor is advised that the government may impose reasonable damages, including but not limited to, termination of the contract for cause.

D. Packaging and marking

All Shipments Shall include a packing slip. Packing slip must contain the following information:

1. Contract number

2. Item Description

3. NDC/Part Number

4. Lot Numbers

5. Quantities in that shipment

6. Storage requirements

E. Inspection and acceptance

Inspection and acceptance shall be performed in accordance with FAR 52.212-4(a). The

Government will witness products received at the loading dock (or specified delivery location) and sign delivery receipt documents before the driver departs. Witness of products received in no way waives the Government’s rights under FAR 52.212-4(a)

Inspection and Acceptance.

Shipments will be inspected upon delivery. No partial case/package or mixed lot #’s will be accepted unless approved in advance by Contracting Officer (CO).

All palletized cases will be of the same lot and expiration date per pallet unless approved in advance by the CO.

http://images.fedex.com/us/packaging/guides/BatteryShipments_fxcom.pdf http://images.fedex.com/us/packaging/guides/BatteryShipments_fxcom.pdf

Deliveries or performance

1. Delivery Schedule

The offeror shall provide the requested PPE items as soon as possible after contract award but no later than the below schedule for deliverables.

If for any reason any deliverable cannot be delivered within the scheduled period, the contractor is required to explain why in writing to the Contracting Officer (CO). A firm commitment of when the supplies will be delivered must be provided in this correspondence. Only acceptable delays will be under the following conditions: (1)

There is no readily available similar product of the same quality, (2) There is no readily available product of any quantity.

2. Delivery Location

The address(es) will be provided at the time of award and will be to a Government approved facility within a 20-mile radius of zip code 73114.

3. Delivery Requirements

All Pallets are to have the identical TyHi stack pattern except for the final pallet.

All product to be delivered on standard 40” by 48” pallet, not to exceed 72” in height, stretch wrapped and secured to pallet for safe transport.

Contractor shall contact the designated point of contact (POC) to schedule delivery appointments.

F. Contract administration data

1. Invoices

The Contractor shall cite the contract number on all written correspondence and invoices.

In compliance with the Office of Management and Budget (OMB) M-15-19 memorandum “Improving Government Efficiency and Saving Taxpayer Dollars Through Electronic Invoicing” directing Federal agencies to adopt electronic invoicing as the primary means to disburse payment to vendors. Invoices submitted under any award resulting from this solicitation will be required to utilize the Invoice Processing Platform (IPP) in accordance with HHSAR 352.232-71, Electronic Submission and Processing of Payment Requests”

Deliverable Item Delivery Date

1 through 9 50% of PPE No later than 60 days of award

1 through 9 50% of PPE No later than 120 days of award

IPP is a secure, web-based electronic invoicing system provided by the U.S. Department of the Treasury’s Bureau of the Fiscal Service, in partnership with the Federal Reserve Bank of St. Louis (FRSTL). Respondents to this solicitation are encouraged to register an account with IPP if they have not already done so. If your organization is already registered to use IPP, you will not be required to re-register- however, we encourage you make sure your organization and designated IPP user accounts are valid and up to date.

The IPP website address is https://www.ipp.gov

If you require assistance registering or IPP account access, please contact the IPP Helpdesk at (866) 973-3131 (M-F 8AM to 6PM ET), or IPPCustomerSupport@fiscal.treasury.gov

Invoices shall be submitted in accordance with the instruction contained in FAR Clauses

52.212-4(g) and FAR 52.232-25 Prompt Payment.

2. Authorized Government Personnel

The following list of Government Personnel are the key contacts for this contract.

i. Contracting Officer

The IHS NSSC Contracting Officer is the only individual authorized to modify i.e. to make any changes to the contract. The CO responsible for administration and contractual issues concerning this contract is:

Amber McQuerry, Supervisory Contract Specialist

National Supply Service Center

501 NE 122nd Street

Email: Amber.McQuerry@ihs.gov

ii. Contract Specialist

The NSSC Contract Specialist (CS) is responsible for administration of the contract.

The CS concerning this contract is:

Jimmy Culver, Contract Specialist

National Supply Service Center

501 NE 122nd Street

Email: jimmy.culver@ihs.gov

iii. Contracting Officer Representatives appointment & authority

The NSSC Contracting Officer Representative (COR) is responsible for technical monitoring only. Technical direction includes, without limitation, direction to the contractor that directs or redirects the labor effort, shifts the word between work areas or locations, fills in details and otherwise serves to ensure that tasks outlined in the contract are accomplished satisfactory.

mailto:Amber.McQuerry@ihs.gov

The COR does not have the authority to constitute a change to the assignment or additional workout outside of the specifications, increase or decrease the contract price, or the time required for contract performance, change the terms and conditions of the contract, interfere with the contractor’s right to perform under the term and conditions of the contract, or direct, supervise the actions of the contractor’s employees. Any questions, concerts, disagreements shall be immediately communicated to the CO no later than the beginning of the next Government workday.

The COR for this contract will be identified on the Contract award.

G. Special Contract requirements

There are no special contract requirements for this procurement.

Part II – Contract Clauses

H. Contract Clauses

CONTRACT CLAUSES AND PROVISIONS:

The following Federal Acquisition Regulation (FAR) provisions and clauses apply to this acquisition:

FAR 52.204-7 System for Award Management (Oct 2018)

FAR 52.204-13 System for Award Management Maintenance (Oct 2018)

FAR 52.204-16 Commercial and Government Entity Code Reporting (Aug 2020)

FAR 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020)

FAR 52.204-19 Incorporation by Reference of Representations and Certifications (Dec

2014)

FAR 52.204-22 Alternative Line Item Proposal (Jan 2017)

FAR 52.204-23 Prohibition on Contracting for Hardware, Software, and Services

Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021)

FAR 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

FAR 52.212-1 Instructions to Offers – Commercial Products and Commercial Services (Nov

2021)

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive

Orders - Commercial Products and Commercial Services (May 2022)

Commercial Items with the following applicable clauses: 52.203-6 Restrictions on

Subcontractor Sales to the Government (Jun 2020); 52.203-13 Contractor Code of

Business Ethics and Conduct (Nov 2021); 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020); 52.209-6 Protecting the Government’s

Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for

Debarment (Nov 2021); 52.209-9 Updates of Publicly Available Information Regarding

Responsibility Matters (Oct 2018); 52.219-6 Notice of Total Small Business Set-Aside (Nov

2020); 52.219-8 Utilization of Small Business Concerns (Oct 2018); 52.219-9 Small

Business Subcontracting Plan (Nov 2021); 52.219-13 Notice of Set-Aside of Orders (Mar

2020); 52.219-14 Limitations on Subcontracting (Sep 2021); 52.219-16 Liquidated

Damages—Subcontracting Plan (Sep 2021); 52.219-28 Post Award Small Business

Program Rerepresentation (Sep 2021); 52.222-3 Convict Labor (June 2003); 52.222-19

Child Labor-Cooperation with Authorities and Remedies (Jan 2022); 52.222-21 Prohibition of Segregated Facilities (Apr 2015); 52.222-26 Equal Opportunity (Sept 2016); 52.222-35

Equal Opportunity for Veterans (Jun 2020); 52.222-36 Equal Opportunity for Workers with

Disabilities (Jun 2020); 52.222-37 Employment Reports on Veterans (Jun 2020); 52.222-40

Notification of Employee Rights Under the National Labor Relations Act (Dec 2010);

52.222-50 Combating Trafficking in Persons (Nov 2021); 52.222-54 Employment Eligibility

Verification (May 2022); 52.223-18 Encouraging Contractor Policies to Ban Text Messaging

While Driving (Jun 2020); 52.225-1 Buy American-Supplies (Nov 2021); 52.225-13

Restrictions on Certain Foreign Purchases (Feb 2021); 52.232-33 Payment by Electronic

Funds Transfer-System for Award Management (Oct 2018); 52.242-5 Payments to Small

Business Subcontractors (Jan 2017).

FAR 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013)

FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Nov

2021)

Full text of the FAR provisions and clauses may be accessed online at https://www.acquisition.gov/rar/index.html.

352.226–7 Indian Economic Enterprise representation (December 2021)

(a) The offeror must represent as part of its offer that it does meet the definition of Indian Economic Enterprise (IEE) as defined in HHSAR 326.601 and that it intends to meet the definition of an IEE throughout the performance of the contract. The offeror must notify the contracting officer immediately, via email, if there is any ownership change affecting compliance with this representation.

(b) The representation must be made on the designated IHS Indian Economic Enterprise Representation form or any successor forms through which the offeror will certify that the ownership requirements defined by HHSAR 326.601 are met.

(c) Any false or misleading information submitted by an enterprise when submitting an offer in consideration for an award set-aside under the Buy Indian Act is a violation of the law punishable under 18 U.S.C. 1001. False claims submitted as part of contract performance are subject to the penalties enumerated in 31 U.S.C. 3729 to 3731 and 18 U.S.C. 287.

(End of provision)

52.212-3 Offeror Representations and Certifications -- Commercial Products and

Commercial Services (May 2022)

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

(a) Definitions. As used in this provision—

"Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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

https://www.sam.gov/ https://www.acquisition.gov/far/part-52#FAR_52_204_25 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim

(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 https://www.acquisition.gov/far/part-52#FAR_52_204_25

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

Sensitive technology—

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

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

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

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

Service-disabled veteran-owned small business concern—

(1) Means a small business concern—

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

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

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

Small business concern—

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.

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

Small disadvantaged business concern, consistent with13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that—

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by— http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101&num=0&edition=prelim

(i) One or more socially disadvantaged (as defined at13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and

(ii) of this definition.

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation

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

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

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

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

Women-owned business concern means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women

Women-owned small business concern means a small business concern—

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

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

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

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

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

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

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

SAM.]

(c) Offerors must complete the following representations when the resulting contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii). Check all that apply.

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

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it □ is, □ is not a veteran-owned small business concern.

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

http://www.sam.gov/ https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-4#FAR_4_1201 https://www.acquisition.gov/far/part-19#FAR_Part_19 https://www.acquisition.gov/far/part-19#FAR_19_000

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, that it □ is, □ is not a small disadvantaged business concern as defined in 13

CFR124.1002.

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is, □ is not a women-owned small business concern.

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

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

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

__________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern.

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

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

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

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

(8) Women-owned business concern (other than small business concern).

[Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is a women-owned business concern.

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

(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that–

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

(ii) It □ is, □ is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Representations required to implement provisions of Executive Order11246-

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

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

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

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

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

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

(e) Certification Regarding Payments to Influence Federal Transactions (31 http://uscode.house.gov/ U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

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

(1) (i) The Offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product.

(ii) The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products.

(iii) The terms "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American- Supplies."

(2) Foreign End Products:

Line Item No.: Country of Origin:

[List as necessary]

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

(g) (1) Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act, is included in this solicitation.)

(i) (A) The Offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (iii) of this provision, is a domestic end product.

(B) The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act."

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

https://www.acquisition.gov/far/part-52#FAR_52_225_1 https://www.acquisition.gov/far/part-25#FAR_Part_25 https://www.acquisition.gov/far/part-52#FAR_52_225_3

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

(iii) The Offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act."

The Offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products.

Other Foreign End Products:

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

(2) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act":

Canadian End Products:

Line Item No.:

(3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II.

If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act":

Canadian or Israeli End Products:

(4) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate III.

If Alternate III to the clause at 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act":

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

(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled "Trade Agreements."

(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products.

Other End Products:

(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.

(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals– https://www.acquisition.gov/far/part-52#FAR_52_225_5

(1) □ Are, □ are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(2) □ Have, □ have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property;

(3) □ Are, □ are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and

(4) □ Have, □ have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds the threshold at 9.104-5(a)(2) for which the liability remains unsatisfied.

(i) Taxes are considered delinquent if both of the following criteria apply:

(A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(ii) Examples. (A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(C) The taxpayer has entered into an installment agreement pursuant to I.R.C.

§6159. The taxpayer is making timely payments…