N6809422R6026 ORTHO CLINICAL REAGENTS.pdf

Combined Synopsis/Solicitation

Notice of Intent to Sole Source

Solicitation Number: N6809422R6026

Purchase Description: ORTHO CLINICAL REAGENTS

This is a Notice of Intent to Sole Source for commercial items prepared in accordance with the format in FAR 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation/notice, though responses & vendor capability statements will be accepted, a further written solicitation will not be issued. This notice/announcement provides the Government’s intent to award without competition.

The Navy Hospital Camp Pendleton (NHCP), Material Management Department, Contracting Division is issuing this combined synopsis/solicitation, N6809422R6026 as a Notice of Intent to Sole Source IAW FAR Part 5, Publicizing Contract

Actions; FAR Part 12, Acquisition of Commercial Items; & FAR Part 13, Simplified Acquisition Procedures. The North

American Industrial Classification System (NAICS) code for this procurement is “325413” with a small business standard of

“1250” EMPLOYEES.

The Government intends to award a Commercial Firm Fixed-Price Sole Source Award to contractor “ORTHO-CLINICAL”.

The solicitation document and incorporated provisions and clauses are those in effect through the Federal Acquisition

Circular (FAC) 2022-07 effective 08-10-2021 and Defense Federal Acquisition Regulation Supplement (DPN) 08/26/2022.

effective 26 AUG 2021.

Vendor shall be an Original Equipment Manufacturer (OEM) authorized dealer, authorized distributor or authorized reseller for the proposed equipment, such that OEM warranty and service are provided and maintained by the OEM. All software licensing, warranty and service associated with the equipment shall be in accordance with the OEM terms and conditions.

The units shall be compliant with the Food and Drug Administration (FDA) requirements to market and deliver medical products for use in the United

States of America, even should delivery be requested outside of the United States. The claims made for the product shall comply with the regulations of the FDA, with respect to products for marketing and delivery of a medical product for use in the United States of America, even should delivery be requested outside of the United States. The unit shall be installed in compliance with Occupational Safety and Health Administration (OSHA) regulations/requirements.

DESCRIPTION OF ITEMS/SERVICES: All offers shall provide F.O.B. Destination for all CLIN’s.

DELIVERY DATE: SEE 1149 SOLICITATION FOR DELIVERY SCHEDULE

PLACE OF DELIVERY AND/OR SERVICE:

Naval Hospital Camp Pendleton

RECEIVING

Bldg: H-135

Camp Pendleton, 92055-5191

Contractors may submit a capability statement, proposal, or quotation which shall be considered by the contracting officer to determine whether to continue with the sole source procurement or to provide competition. Such responses MUST be received no later than 28 SEPTEMBER 2022; 10:00 AM (Pacific Daylight Time). Forward responses by e-mail to

Kenneth.D.Harmon.Civ@mail.mil. Due to technical issues, please allow additional time if you’re using electronic means.

Responses received after the date/time posted will be considered non-responsive unless an exception applies.

For equipment repair/maintenance solicitations/procurements only authorized distributors, and/or service providers of the manufacturer will be accepted. Manufacturer certifications/confirmations must be provided upon request of the Contracting

Office.

Offerors must ensure that their company is registered with System for Award Management (SAM) prior to award. For information refer to (may have to copy/paste): https://www.sam.gov.

Upon receipt of vendor responses the contracting officer may determine to solicit providing competition for the Government the requirement for which a separate solicitation would be posted to the BETASAM web-site. The standard solicitation would be posted as a “Total 100% Small Business Set-Aside”, unless an exception applies. for a period of 15 calendar days or less, using the evaluation criteria below.

mailto:Kenneth.D.Harmon.Civ@mail.mil https://www.sam.gov/

APPLICABLE FAR CLAUSES:

(1) FAR 52.212-1 (Instructions to Offerors – Commercial Items) (NOV2021)

(2) FAR 52.212-2: Evaluation - Commercial Items (NOV2021): The evaluation procedures of FAR 12.602, Streamlined Evaluation of Offers, will be used to select the awardee/offer that represents the most advantageous offer to the Government based on the following evaluation factors:

Note: All evaluation factors other than cost or price, when combined, are significantly more important than cost or price. The Contracting Officer may, at their discretion, request clarifications, however, IAW FAR 13.106-

2(b)(3) there will not be a formal evaluation plan or competitive range established, award will be made without discussions, and offers will not be formally scored.

(a) Compliance with Solicitation & Statement of Work (SOW) Requirements: Contractor offer/product(s) shall meet all the Government requirements, salient “must have” characteristics, features, & specifications provided in the solicitation. Contractors providing “Brand Name or Equal” alternative products must provide adequate product literature (manufacturer name & part/model numbers), product samples (if requested), technical features, specifications, and warranty information sufficient for the Government to make this determination or the offer will be considered non-responsive.

(b) Technical Capability/Lowest Overall Cost Alternative: The Government will determine how well the proposed products meets the Government requirement(s) in consideration of special features of the supply and/or service required for effective program performance inclusive of quality features/characteristics that provide performance enhancement/capability/value relative to the Government need/requirement; trade-in considerations; probable life of the item selected as compared with that of a comparable item; warranty considerations; maintenance availability;

environmental and energy efficiency considerations; delivery terms; and administrative costs. IAW FAR 13.106-2(b)(3), the Government may conduct comparative evaluation of offers. Negative or favorable evaluations on quality or any other factor or consideration that determined the apparent awardee shall be very specific and relative to the

Government need/requirement for which the contracting officer shall ensure selection of a higher priced offer is adequately justified commensurate to the disparity in price of lower priced offer(s).

(c) Price: No additional information from the offeror will be required if the price is based on adequate price competition. In the event adequate price competition does not exist, the contracting officer will obtain information from the offeror to the extent required to determine the reasonableness of the offered prices.

(d) Past Performance: Will be evaluated as Acceptable or Unacceptable based on the contracting officer’s knowledge of and previous experience with the supply or service being acquired, the Past Performance Information Retrieval System

(PPIRS), and any other reasonable basis. In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available, the offeror will not be evaluated favorably or unfavorably on past performance.

Past Performance Evaluation Ratings

Rating Description

Acceptable

Based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown.

Unacceptable

Based on the offeror’s performance record, the

Government has no reasonable expectation that the offeror will be able to successfully perform the required effort.

SEE ADDENDUM

(No Collect Calls)

N6809422R6026 23-Sep-2022

b. TELEPHONE NUMBER

760-763-6343

8. OFFER DUE DATE/LOCAL TIME

10:00 AM 28 Sep 2022

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

N680949. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

KENNETH D. HARMON

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

0011857576

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

NAVAL HOSPITAL CAMP PENDLETON

MATERIAL MGMT DEPT CODE 06B

NAVAL HOSPITAL, BOX 555191

CAMP PENDLETON CA 92055-5191

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE N68094 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

NAVAL HOSPITAL CAMP PENDLETON

WAREHOUSE

RECEIVING

BLDG H-135

CAMP PENDLETON CA 92055-5191

TEL: 760-725-1393 FAX:

(760) 725-1485FAX:

TEL: (760) 725-1425 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

1,250

NAICS:

325413

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF37

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

N6809422R6026

Section SF 1449 - CONTINUATION SHEET

BUYER’S INFORMATION

Lys Bingham Contract Specialist Materials Management Department Naval Hospital Camp Pendleton

(760) 725‐1425

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 78 Package MTS A/B/D Mono & Rev GRP 5X20

FFP

MTS A/B/D Mono & Rev GRP 5X20 FOB: Destination

BRAND NAME/SOLE SOURCE: SS

MFR PART NR: 6902096

PURCHASE REQUEST NUMBER: 0011857576

ADDITIONAL MARKINGS: LABORATORY (760)719-3733

PSC CD: 6550

NET AMT

0002 26 Package

MTS A/B/D MONO GRP 8X20

FFP

MTS A/B/D MONO GRP 8X20

FOB: Destination

BRAND NAME/SOLE SOURCE: SS

MFR PART NR: 6902096

PURCHASE REQUEST NUMBER: 0011857576

0003 52 Package MTS Anti-IgG Card 5x20

FFP

MTS Anti-IgG Card 5x20 FOB: Destination

BRAND NAME/SOLE SOURCE: SS

MFR PART NR: 6902096

PURCHASE REQUEST NUMBER: 0011857576

0004 5 Package MTS Anti-IgG,-C3d 1X20

FFP

MTS Anti-IgG,-C3d 1X20 FOB: Destination

BRAND NAME/SOLE SOURCE: SS

MFR PART NR: 6902096

PURCHASE REQUEST NUMBER: 0011857576

0005 78 Each Affirmagen 2X10ML

FFP

Affirmagen 2X10ML FOB: Destination

BRAND NAME/SOLE SOURCE: SS

MFR PART NR: 6902096

0006 13 Each 0.8% Resolve Panel A

FFP

0.8% Resolve Panel A FOB: Destination

BRAND NAME/SOLE SOURCE: SS

MFR PART NR: 6902096

PURCHASE REQUEST NUMBER: 0011857576

0007 13 Each 0.8% Resolve Panel B

FFP

0.8% Resolve Panel B FOB: Destination

BRAND NAME/SOLE SOURCE: SS

MFR PART NR: 6902096

0008 65 Each

0.8% SURGISCREEN 3X10ML

FFP

0.8% SURGISCREEN 3X10ML

FOB: Destination

BRAND NAME/SOLE SOURCE: SS

MFR PART NR: 6902096

0009 26 Package Ortho Coombs Controls 1X10ML

FFP

Ortho Coombs Controls 1X10ML FOB: Destination

BRAND NAME/SOLE SOURCE: SS

MFR PART NR: 6902096

0010 13 Each Ortho Confidence System

FFP

Ortho Confidence System FOB: Destination

BRAND NAME/SOLE SOURCE: SS

MFR PART NR: 6902096

PURCHASE REQUEST NUMBER: 0011857576

0011 18 Case MTS Pipette Tips

FFP

MTS Pipette Tips FOB: Destination

BRAND NAME/SOLE SOURCE: SS

MFR PART NR: MTS9633

0012 8 Each MTS Diluent 2

FFP

MTS Diluent 2 (2 EVERY THREE MONTHS) FOB: Destination

BRAND NAME/SOLE SOURCE: SS

MFR PART NR: MTS9230

0013 26 Each MTS Diluent 2 Plus

FFP

MTS Diluent 2 Plus FOB: Destination

BRAND NAME/SOLE SOURCE: SS

MFR PART NR: MTS9330

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government

0005 Destination Government Destination Government 0006 Destination Government Destination Government 0007 Destination Government Destination Government 0008 Destination Government Destination Government 0009 Destination Government Destination Government 0010 Destination Government Destination Government 0011 Destination Government Destination Government 0012 Destination Government Destination Government 0013 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 25-OCT-2022 6 NAVAL HOSPITAL CAMP PENDLETON

WAREHOUSE

RECEIVING

BLDG H-135

CAMP PENDLETON CA 92055-5191

760-725-1393 FOB: Destination

N68094

0001 22-NOV-2022 6 (SAME AS PREVIOUS LOCATION)

0001 20-DEC-2022 6 (SAME AS PREVIOUS LOCATION)

0001 17-JAN-2023 6 (SAME AS PREVIOUS LOCATION)

0001 14-FEB-2023 6 (SAME AS PREVIOUS LOCATION)

0001 14-MAR-2023 6 (SAME AS PREVIOUS LOCATION)

0001 11-APR-2023 6 (SAME AS PREVIOUS LOCATION)

0001 05-MAY-2023 6 (SAME AS PREVIOUS LOCATION)

0001 06-JUN-2023 6 (SAME AS PREVIOUS LOCATION)

0001 05-JUL-2023 6 (SAME AS PREVIOUS LOCATION)

0001 01-AUG-2023 6 (SAME AS PREVIOUS LOCATION)

0001 29-AUG-2023 6 (SAME AS PREVIOUS LOCATION)

0001 26-SEP-2023 6 (SAME AS PREVIOUS LOCATION)

0002 25-OCT-2022 2 (SAME AS PREVIOUS LOCATION)

0002 22-NOV-2022 2 (SAME AS PREVIOUS LOCATION)

0002 20-DEC-2022 2 (SAME AS PREVIOUS LOCATION)

0002 17-JAN-2023 2 (SAME AS PREVIOUS LOCATION)

0002 14-FEB-2023 2 (SAME AS PREVIOUS LOCATION)

0002 14-MAR-2023 2 (SAME AS PREVIOUS LOCATION)

0002 11-APR-2023 2 (SAME AS PREVIOUS LOCATION)

0002 05-MAY-2023 2 (SAME AS PREVIOUS LOCATION)

0002 06-JUN-2023 2 (SAME AS PREVIOUS LOCATION)

0002 05-JUL-2023 2 (SAME AS PREVIOUS LOCATION)

0002 01-AUG-2023 2 (SAME AS PREVIOUS LOCATION)

0002 29-AUG-2023 2 (SAME AS PREVIOUS LOCATION)

0002 26-SEP-2023 2 (SAME AS PREVIOUS LOCATION)

0003 29-AUG-2022 4 (SAME AS PREVIOUS LOCATION)

0003 25-OCT-2022 4 (SAME AS PREVIOUS LOCATION)

0003 22-NOV-2022 4 (SAME AS PREVIOUS LOCATION)

0003 20-DEC-2022 4 (SAME AS PREVIOUS LOCATION)

0003 17-JAN-2023 4 (SAME AS PREVIOUS LOCATION)

0003 14-FEB-2023 4 (SAME AS PREVIOUS LOCATION)

0003 14-MAR-2023 4 (SAME AS PREVIOUS LOCATION)

0003 11-APR-2023 4 (SAME AS PREVIOUS LOCATION)

0003 05-MAY-2023 4 (SAME AS PREVIOUS LOCATION)

0003 06-JUN-2023 4 (SAME AS PREVIOUS LOCATION)

0003 05-JUL-2023 4 (SAME AS PREVIOUS LOCATION)

0003 01-AUG-2023 4 (SAME AS PREVIOUS LOCATION)

0003 26-SEP-2023 4 (SAME AS PREVIOUS LOCATION)

0004 25-OCT-2022 1 (SAME AS PREVIOUS LOCATION)

0004 21-DEC-2022 1 (SAME AS PREVIOUS LOCATION)

0004 15-MAR-2023 1 (SAME AS PREVIOUS LOCATION)

0004 07-JUN-2023 1 (SAME AS PREVIOUS LOCATION)

0004 30-AUG-2023 1 (SAME AS PREVIOUS LOCATION)

0005 25-OCT-2022 6 (SAME AS PREVIOUS LOCATION)

0005 22-NOV-2022 6 (SAME AS PREVIOUS LOCATION)

0005 20-DEC-2022 6 (SAME AS PREVIOUS LOCATION)

0005 17-JAN-2023 6 (SAME AS PREVIOUS LOCATION)

0005 14-FEB-2023 6 (SAME AS PREVIOUS LOCATION)

0005 14-MAR-2023 6 (SAME AS PREVIOUS LOCATION)

0005 11-APR-2023 6 (SAME AS PREVIOUS LOCATION)

0005 05-MAY-2023 6 (SAME AS PREVIOUS LOCATION)

0005 06-JUN-2023 6 (SAME AS PREVIOUS LOCATION)

0005 05-JUL-2023 6 (SAME AS PREVIOUS LOCATION)

0005 01-AUG-2023 6 (SAME AS PREVIOUS LOCATION)

0005 29-AUG-2023 6 (SAME AS PREVIOUS LOCATION)

0005 26-SEP-2023 6 (SAME AS PREVIOUS LOCATION)

0006 05-MAY-2022 1 (SAME AS PREVIOUS LOCATION)

0006 25-OCT-2022 1 (SAME AS PREVIOUS LOCATION)

0006 22-NOV-2022 1 (SAME AS PREVIOUS LOCATION)

0006 20-DEC-2022 1 (SAME AS PREVIOUS LOCATION)

0006 17-JAN-2023 1 (SAME AS PREVIOUS LOCATION)

0006 14-FEB-2023 1 (SAME AS PREVIOUS LOCATION)

0006 14-MAR-2023 1 (SAME AS PREVIOUS LOCATION)

0006 11-APR-2023 1 (SAME AS PREVIOUS LOCATION)

0006 06-JUN-2023 1 (SAME AS PREVIOUS LOCATION)

0006 05-JUL-2023 1 (SAME AS PREVIOUS LOCATION)

0006 01-AUG-2023 1 (SAME AS PREVIOUS LOCATION)

0006 29-AUG-2023 1 (SAME AS PREVIOUS LOCATION)

0006 26-SEP-2023 1 (SAME AS PREVIOUS LOCATION)

0007 05-MAY-2022 1 (SAME AS PREVIOUS LOCATION)

0007 25-OCT-2022 1 (SAME AS PREVIOUS LOCATION)

0007 22-NOV-2022 1 (SAME AS PREVIOUS LOCATION)

0007 20-DEC-2022 1 (SAME AS PREVIOUS LOCATION)

0007 17-JAN-2023 1 (SAME AS PREVIOUS LOCATION)

0007 14-FEB-2023 1 (SAME AS PREVIOUS LOCATION)

0007 14-MAR-2023 1 (SAME AS PREVIOUS LOCATION)

0007 11-APR-2023 1 (SAME AS PREVIOUS LOCATION)

0007 06-JUN-2023 1 (SAME AS PREVIOUS LOCATION)

0007 05-JUL-2023 1 (SAME AS PREVIOUS LOCATION)

0007 01-AUG-2023 1 (SAME AS PREVIOUS LOCATION)

0007 29-AUG-2023 1 (SAME AS PREVIOUS LOCATION)

0007 26-SEP-2023 1 (SAME AS PREVIOUS LOCATION)

0008 25-OCT-2022 5 (SAME AS PREVIOUS LOCATION)

0008 22-NOV-2022 5 (SAME AS PREVIOUS LOCATION)

0008 20-DEC-2022 5 (SAME AS PREVIOUS LOCATION)

0008 17-JAN-2023 5 (SAME AS PREVIOUS LOCATION)

0008 14-FEB-2023 5 (SAME AS PREVIOUS LOCATION)

0008 14-MAR-2023 5 (SAME AS PREVIOUS LOCATION)

0008 11-APR-2023 5 (SAME AS PREVIOUS LOCATION)

0008 05-MAY-2023 5 (SAME AS PREVIOUS LOCATION)

0008 06-JUN-2023 5 (SAME AS PREVIOUS LOCATION)

0008 05-JUL-2023 5 (SAME AS PREVIOUS LOCATION)

0008 01-AUG-2023 5 (SAME AS PREVIOUS LOCATION)

0008 29-AUG-2023 5 (SAME AS PREVIOUS LOCATION)

0008 26-SEP-2023 5 (SAME AS PREVIOUS LOCATION)

0009 25-OCT-2022 2 (SAME AS PREVIOUS LOCATION)

0009 22-NOV-2022 2 (SAME AS PREVIOUS LOCATION)

0009 20-DEC-2022 2 (SAME AS PREVIOUS LOCATION)

0009 17-JAN-2023 2 (SAME AS PREVIOUS LOCATION)

0009 14-FEB-2023 2 (SAME AS PREVIOUS LOCATION)

0009 14-MAR-2023 2 (SAME AS PREVIOUS LOCATION)

0009 11-APR-2023 2 (SAME AS PREVIOUS LOCATION)

0009 05-MAY-2023 2 (SAME AS PREVIOUS LOCATION)

0009 06-JUN-2023 2 (SAME AS PREVIOUS LOCATION)

0009 05-JUL-2023 2 (SAME AS PREVIOUS LOCATION)

0009 01-AUG-2023 2 (SAME AS PREVIOUS LOCATION)

0009 29-AUG-2023 2 (SAME AS PREVIOUS LOCATION)

0009 26-SEP-2023 2 (SAME AS PREVIOUS LOCATION)

0010 04-OCT-2022 1 (SAME AS PREVIOUS LOCATION)

0010 01-NOV-2022 1 (SAME AS PREVIOUS LOCATION)

0010 29-NOV-2022 1 (SAME AS PREVIOUS LOCATION)

0010 27-DEC-2022 1 (SAME AS PREVIOUS LOCATION)

0010 24-JAN-2023 1 (SAME AS PREVIOUS LOCATION)

0010 21-FEB-2023 1 (SAME AS PREVIOUS LOCATION)

0010 21-MAR-2023 1 (SAME AS PREVIOUS LOCATION)

0010 18-APR-2023 1 (SAME AS PREVIOUS LOCATION)

0010 16-MAY-2023 1 (SAME AS PREVIOUS LOCATION)

0010 13-JUN-2023 1 (SAME AS PREVIOUS LOCATION)

0010 11-JUL-2023 1 (SAME AS PREVIOUS LOCATION)

0010 08-AUG-2023 1 (SAME AS PREVIOUS LOCATION)

0010 05-SEP-2023 1 (SAME AS PREVIOUS LOCATION)

0011 25-OCT-2022 2 (SAME AS PREVIOUS LOCATION)

0011 22-NOV-2022 2 (SAME AS PREVIOUS LOCATION)

0011 20-DEC-2022 2 (SAME AS PREVIOUS LOCATION)

0011 17-JAN-2023 2 (SAME AS PREVIOUS LOCATION)

0011 14-FEB-2023 2 (SAME AS PREVIOUS LOCATION)

0011 14-MAR-2023 2 (SAME AS PREVIOUS LOCATION)

0011 11-APR-2023 2 (SAME AS PREVIOUS LOCATION)

0011 05-MAY-2023 2 (SAME AS PREVIOUS LOCATION)

0011 06-JUN-2023 2 (SAME AS PREVIOUS LOCATION)

0012 25-OCT-2022 2 (SAME AS PREVIOUS LOCATION)

0012 18-JAN-2023 2 (SAME AS PREVIOUS LOCATION)

0012 04-APR-2023 2 (SAME AS PREVIOUS LOCATION)

0012 05-JUL-2023 2 (SAME AS PREVIOUS LOCATION)

0013 25-OCT-2022 2 (SAME AS PREVIOUS LOCATION)

0013 22-NOV-2022 2 (SAME AS PREVIOUS LOCATION)

0013 20-DEC-2022 2 (SAME AS PREVIOUS LOCATION)

0013 17-JAN-2023 2 (SAME AS PREVIOUS LOCATION)

0013 14-FEB-2023 2 (SAME AS PREVIOUS LOCATION)

0013 14-MAR-2023 2 (SAME AS PREVIOUS LOCATION)

0013 11-APR-2023 2 (SAME AS PREVIOUS LOCATION)

0013 05-MAY-2023 2 (SAME AS PREVIOUS LOCATION)

0013 06-JUN-2023 2 (SAME AS PREVIOUS LOCATION)

0013 05-JUL-2023 2 (SAME AS PREVIOUS LOCATION)

0013 01-AUG-2023 2 (SAME AS PREVIOUS LOCATION)

0013 29-AUG-2023 2 (SAME AS PREVIOUS LOCATION)

0013 26-SEP-2023 2 (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.204-23 Prohibition on Contracting for Hardware, Software, and

Services Developed or Provided by Kaspersky Lab and Other Covered Entities

NOV 2021

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

NOV 2021

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services

NOV 2021

52.212-5 (Dev) Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Products and Commercial Services (Deviation 2018-O0021)

MAY 2022

52.222-3 Convict Labor JUN 2003 52.222-19 (Dev) Child Labor - Cooperation with Authorities and Remedies

(DEVIATION 2020-O0019)

JAN 2022

52.222-50 Combating Trafficking in Persons NOV 2021 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

JUN 2020

52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.232-1 Payments APR 1984 52.232-8 Discounts For Prompt Payment FEB 2002 52.233-3 Protest After Award AUG 1996 52.246-1 Contractor Inspection Requirements APR 1984 52.247-34 F.O.B. Destination NOV 1991 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.225-7002 Qualifying Country Sources As Subcontractors MAR 2022 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL

CONFIDENTIALITY AGREEMENTS OR STATEMENTS--REPRESENTATION (JAN 2017)

(a) Definition. As used in this provision-- Internal confidentiality agreement or statement, subcontract, and subcontractor, are defined in the clause at 52.203- 19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.

(b) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions), Government agencies are not permitted to use funds appropriated (or otherwise made available) for contracts with an entity that requires employees or subcontractors of such entity seeking to report waste, fraud, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(c) The prohibition in paragraph (b) of this provision does not contravene requirements applicable to Standard Form 312, (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d) Representation. By submission of its offer, the Offeror represents that it will not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).

(End of provision)

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR

STATEMENTS (JAN 2017)

(a) Definitions. As used in this clause-- Internal confidentiality agreement or statement means a confidentiality agreement or any other written statement that the contractor requires any of its employees or subcontractors to sign regarding nondisclosure of contractor information, except that it does not include confidentiality agreements arising out of civil litigation or confidentiality agreements that contractor employees or subcontractors sign at the behest of a Federal agency.

Subcontract means any contract as defined in subpart 2.1 entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders.

Subcontractor means any supplier, distributor, vendor, or firm (including a consultant) that furnishes supplies or services to or for a prime contractor or another subcontractor.

(b) The Contractor shall not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).

(c) The Contractor shall notify current employees and subcontractors that prohibitions and restrictions of any preexisting internal confidentiality agreements or statements covered by this clause, to the extent that such prohibitions and restrictions are inconsistent with the prohibitions of this clause, are no longer in effect.

(d) The prohibition in paragraph (b) of this clause does not contravene requirements applicable to Standard Form 312 (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(e) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015, (Pub. L. 113-235), and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions) use of funds appropriated (or otherwise made available) is prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.

(f) The Contractor shall include the substance of this clause, including this paragraph (f), in subcontracts under such contracts.

(End of clause)

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.

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A

FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

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

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

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

(b) The Offeror represents that--

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

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

52.211-17 DELIVERY OF EXCESS QUANTITIES (SEP 1989)

The Contractor is responsible for the delivery of each item quantity within allowable variations, if any. If the Contractor delivers and the Government receives quantities of any item in excess of the quantity called for (after considering any allowable variation in quantity), such excess quantities will be treated as being delivered for the convenience of the Contractor. The Government may retain such excess quantities up to $250 in value without compensating the Contractor therefor, and the Contractor waives all right, title, or interests therein. Quantities in excess of $250 will, at the option of the Government, either be returned at the Contractor's expense or retained and paid for by the Government at the contract unit price.

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (SEP 2021)

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

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

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 the size standard in paragraph (d) of this clause. Such a concern is "not dominant in its field of operation" when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(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.

(b) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, upon occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts--

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, when the Contracting Officer explicitly requires it for an order issued under a multiple-award contract.

(d) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code(s) assigned to this contract. The small business size standard corresponding to this NAICS code(s) can be found at https://www.sba.gov/document/support--table-size-standards.

(e) The small business size standard for a Contractor providing an end item that it does not manufacture, process, or produce itself, for a contract other than a construction or service contract, is 500 employees if the acquisition--

(1) Was set aside for small business and has a value above the simplified acquisition threshold;

(2) Used the HUBZone price evaluation preference regardless of dollar value, unless the Contractor waived the price evaluation preference; or

(3) Was an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(f) Except as provided in paragraph (h) of this clause, the Contractor shall make the representation(s) required by paragraph (b) and (c) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause, or with its offer for an order (see paragraph (c) of this clause), that the data have been validated or updated, and provide the date of the validation or update.

(g) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (f) or (h) of this clause.

(h) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

(1) The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code 325413 assigned to contract number N6809422P6xxx .

(2) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

(3) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not a women-owned small business concern.

(4) Women-owned small business (WOSB) concern eligible under the WOSB Program. [Complete only if the Contractor represented itself as a women-owned small business concern in paragraph (h)(3) of this clause.] The Contractor 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 (h)(4)(i) of this clause is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture.

[The Contractor 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.

(5) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the Contractor represented itself as a women-owned small business concern eligible under the WOSB Program in (h)(4) of this clause.] The Contractor represents that--

(i) It [ ] is, [ ] is not an EDWOSB 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 (h)(5)(i) of this clause is accurate for each EDWOSB concern participating in the joint venture. [The Contractor 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.

(6) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not a veteran-owned small business concern.

(7) [Complete only if the Contractor represented itself as a veteran-owned small business concern in paragraph (h)(6) of this clause.] The Contractor represents that it [ ] is, [ ] is not a service-disabled veteran-owned small business concern.

(8) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents 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 (h)(8)(i) of this clause is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The Contractor 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.

[Contractor to sign and date and insert authorized signer's name and title.]

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)

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

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

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

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

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

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (NOV

2021)

(a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum…