Amendment Questions.Answers with Clause Update.docx

N6893625Q0009

Section A - Solicitation/Contract Form

QUESTIONS AND ANSWERS

Questions and Answers Received in Response to Solicitation N6893625Q0009 – Cluster Upgrade

CLIN 0001 – SERVER BUILD A “HEAD NODE”

1. What is required memory type/speed (DDR5 4800/5600, ECC)?

Answer: DDR5 is preferred, but DDR4 is the minimum requirement. ECC is preferred. There is no speed requirement, but memory must be compatible with motherboard.

2. Intel or other process required. If Intel (Gold or Silver)?

Answer: If Intel, a Gold processor is preferred.

3. Hot-Swappable power supply capable?

Answer: Yes, hot-swappable power capable is desired.

4. Can power input be above 860W. If so, what is the maximum?

Answer: Yes, power supply can be above 860W. The maximum power input acceptable is 1600W.

CLIN 0002 – SERVER BUILD B “COMPUTE NODE”

Answer: DDR5 is preferred, but DDR4 is the minimum requirement. ECC is preferred. There is no speed requirement, but memory must be compatible with motherboard.

2. Is a GPU required?

Answer: No, a GPU is not required.

CLIN 0003 – SERVER BUILD C “STORAGE NODE”

1. Is hardware RAID desired?

Answer: Hardware RAID is not desired.

2. Is hardware RAID controller needed?

Answer: A hardware RAID controller is not needed.

3. If the storage requirements can be met in a lower cost/higher value 2U system (with expandability); would that be acceptable, or is the 3-5U characteristic required for a future use/upgradability need?

Answer: If the storage requirements can be met in a 2U system, then a 2U system is acceptable.

CLIN 0004 – SERVER BUILD D “METADATA NODE”

1. Can power input be above 860W? If so, what is the maximum?

Answer: Yes, power supply can be above 860W. The maximum power input acceptable is 1600W.

CLIN 0005 - SERVER BUILD E “VM HOST”

Answer: DDR5 is preferred, but DDR4 is the minimum requirement. ECC is preferred. There is no speed requirement, but memory must be compatible with motherboard.

CLIN 0006 – SERVER BUILD F “VM STORAGE”

1. Is hardware RAID desired; is RAID controller required?

Answer: A hardware RAID is not desired, and a RAID controller is not required.

2. What is required memory type/speed (DDR5 4800/5600, ECC)?

Answer: DDR5 is preferred, but DDR4 is the minimum requirement. ECC is preferred. There is no speed requirement, but memory must be compatible with motherboard.

3. Please clarify the capacity and cache drives required.

Answer: The capacity drives required must be at least 14TB in capacity. At a minimum, the capacity drives must be HDD, but SSD is also acceptable. The cache drives must be at least 960GB in capacity and must be SSDs.

4. Is there a need for additional boot drive e.g. m.2 drive/s?

Answer: Yes, an additional boot drive is needed. The boot drive can be M.2 or a SATA

SSD.

5. If the storage requirements can be met in a lower cost/higher value 2U system (with expandability); would that be acceptable, or is the 3-5U characteristic required for a future use/upgradability need?

Answer: If the storage requirements can be met in a 2U system, then a 2U system is acceptable.

CLIN 0007 – SWITCH A “ETHERNET SWITCH”

1. What port types? (RJ-45, QSFP, QSFP+, XSFP) Answer: Ports must be SFP+.

2. How many SFPs required (number per switch)? If so, which type.

Answer: 48 SFP+ per switch are required.

3. Must SFPs or Cables be same OEM brand as switch or is a 3rd party compatible acceptable Answer: 3rd party compatible SFPs are acceptable.

4. Are any cables required?

Answer: Cables are not required.

5. Minimum Layer 2 or 3 Features Required?

Answer: Minimum Layer 3 features are required.

6. Additional Features (Multicast, QOS, BFD, SPAN, CLI and access management)?

Answer: Additional features are not required.

7. OS or Network OS compatibility?

Answer: Must be compatible with Windows and Linux.

8. Other Network Services or Features (VXLAN, EVPN-VXLAN), BGP add-path, L3 VPN,MPLS?

Answer: Other network services are not required.

9. Rack Size - Required of Preferred?

Answer: 1U is preferred but not required.

10. Power Supply (Hot Swappable or Redundant capable)?

Answer: Hot swappable or redundant capable is desired.

11. Additional HW SPECS - Forwarding/ Throughput Rate, Memory, Processor, Memory, Storage, minimum latency, etc)?

Answer: Not sure what exactly is being asked. If asking for any additional hardware requirements, then there are no other requirements.

GENERAL QUESTIONS:

1. Are any spare parts required?

Answer: Spare parts are not required.

2. What are replacement and warranty levels required (Next business day, 24/7, etc)?

Answer: A 3-year parts and labor warranty are required.

CLAUSES INCORPORATED BY REFERENCE

Section B - Supplies or Services and Prices

SERVER BUILD A - HEAD NODE

FFP

The Contractor shall deliver Head Nodes that meets the minimum specifications noted in Section C, Statement of Work.

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

FOB: Destination

PURCHASE REQUEST NUMBER: 1301189811-0001

PSC CD: 7B20

NET AMT

SERVER BUILD B - COMPUTE NODE

The Contractor shall deliver Compute Nodes that meets the minimum specifications noted in Section C, Statement of Work.

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

FOB: Destination

NET AMT

SERVER BUILD C - STORAGE NODE

The Contractor shall deliver Storage Nodes that meets the minimum specifications noted in Section C, Statement of Work.

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

NET AMT

SERVER BUILD D - METADATA NODE

The Contractor shall deliver Metadata Nodes that meets the minimum specifications noted in Section C, Statement of Work.

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

NET AMT

SERVER BUILD E - VM HOST

The Contractor shall deliver VM Hosts that meets the minimum specifications noted in Section C, Statement of Work.

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

NET AMT

SERVER BUILD F - VM STORAGE

The Contractor shall deliver VM Storage that meets the minimum specifications noted in Section C, Statement of Work.

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

NET AMT

SWITCH A - ETHERNET SWITCH

The Contractor shall deliver Ethernet Switches that meet the minimum specifications noted in Section C, Statement of Work.

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

NET AMT

Section C - Descriptions and Specifications

STATEMENT OF WORK

Statement of Work

CLIN 0001

2 Units of Server Build A - “Head Node” shall include:

· 1x 16-core processor

· 8x 32GB RAM

· 3x 960GB SATA SSD

· 1x 2-port 1Gbps RJ-45 ethernet network adapter

· 1x 2-port 100Gbps QSFP28 network adapter

· 1x TPM 2.0 module

· TAA Compliant

· Must be at least one U and no more than two U

· 19” rackmount required

· Power Requirement: 860W

· 3 Year Parts and Labor Warranty

CLIN 0002

24 Units of Server Build B - “Compute Node” – High Density Quad Node Server shall include:

· 8x (2 per node) 8-core processor

· Minimum base frequency 3.8 GHz

· MUST support at least Intel AVX, Intel AVX2, Intel AVX-512

· 64x (16 per node) 32GB RAM

· 4x (1 per node) 960GB NVMe SSD

· 4x (1 per node) 1.92TB NVMe SSD

· 4x (1 per node) 2-port 1Gbps RJ-45 ethernet network adapter

· 4x (1 per node) 2-port 100Gbps QSFP28 network adapter

· 4x (1 per node) TPM 2.0 module

· TAA Compliant

· Must be at least two U and no more than 4 U

· 19” rackmount required

· Power Requirement: 3000W and redundant power supplies

CLIN 0003

9 Units of Server Build C - “Storage Node” shall include:

· 2x 16-core processor

· 16x 32 GB RAM

· 1x 960GB SATA SSD

· 16x 10TB SAS magnetic hard drive

· 1x 2-port 1Gbps RJ-45 ethernet network adapter

· 1x 2-port 100Gbps QSFP28 network adapter

· 1x TPM 2.0 module

· TAA Compliant

· Must be at least three U and no more than 5 U

· 19” rackmount required

· Power Requirement: 1200W

CLIN 0004

3 Units of Server Build D - “Metadata Node” shall include:

· 1x 16-core processor

· 8x 32GB RAM

· 3x 960GB SATA SSD

· 1x 2-port 1Gbps RJ-45 ethernet network adapter

· 1x 2-port 100Gbps QSFP28 network adapter

· 1x TPM 2.0 module

· TAA Compliant

· Must be at least one U and no more than two U

· 19” rackmount required

· Power Requirement: 860W

CLIN 0005

2 Units of Server Build E - “VM Host” shall include:

· 2x 24-core processor

· MUST support at least Intel AVX, Intel AVX2, Intel AVX-512

· 32x 32GB RAM

· 2x 960GB SATA SSD

· 1x 10Gbps 2-port RJ-45 Ethernet network adapter

· 1x 2-port 1Gbps RJ-45 ethernet network adapter

· 1x TPM 2.0 module

· TAA Compliant

· Must be at least one U and no more than two U

· 19” rackmount required

CLIN 0006

2 Units of Server Build F - “VM Storage” shall include:

· 2x 8-core processor

· 16x 32GB RAM

· 6x 960GB SATA SSD

· 12x 14TB SAS magnetic hard drive

· 1x 2-port 1Gbps RJ-45 ethernet network adapter

· 1x 10Gbps 2-port RJ-45 Ethernet network adapter

· TAA Compliant

· Must be at least three U and no more than 5 U

· 19” rackmount required

CLIN 0007

6 Units of Switch A - “Ethernet Switch” – 48 port 1/10 Gbps managed ethernet switch shall include:

· TAA Compliant

· Power Requirement: 500W

PLEASE NOTE:

· Besides Build B, redundant power supplies are not required.

· The builds do not need to be delivered with an Operating System (OS).

· There are no MIL-STD requirements.

· NVMe would be acceptable in place of the SAS hard drives.

· The proposed system does not need to be compatible with the existing system.

CLAUSES INCORPORATED BY FULL TEXT

Section D - Packaging and Marking

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

Section F - Deliveries or Performance

DELIVERY INFORMATION

F-TXT-10 SHIPPING INSTRUCTIONS (CHINA LAKE) (NAWCWD) (JUL 2024)

Failure to mark each shipping label and packing list as indicated above may result in return of shipment at your expense or will cause a delay in processing your invoice for payment.

DOCK HOURS are Monday through Thursday, and Alternating Fridays, 0730-1530. If you anticipate making delivery on a Friday please call Receiving at (760) 939-2186 to verify receiving dock hours.

***To Be completed at time of award***

Section G - Contract Administration Data

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

(a) Definitions. As used in this clause—

“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.

“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.

“Payment request” and “receiving report” are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall—

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items—

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

Invoice and Receiving Report (COMBO)

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

N/A

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial financing, submit a commercial financing request.

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

[Note: The Contractor may use a WAWF “combo” document type to create some combinations of invoice and receiving report in one step.]

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.

***To be completed at time of award***

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

(End of clause)

Section I - Contract Clauses

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEVIATION 2023-O0008) (MAY 2024)

(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (a) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

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

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

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

(b)(1) Notwithstanding the requirements of any other clauses of this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b)(1) in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

(ii) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712).

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

(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).

(v) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115–232).

(vi) 52.204–27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117–328).

(vii)(A) 52.204-30, Federal Acquisition Supply Chain Security Act Orders--Prohibition. (DEC 2023) (Pub. L. 115-390, title II).

(B) Alternate I (DEC 2023) of 52.204-30.

(viii) 52.219-8, Utilization of Small Business Concerns (FEB 2024) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(ix) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(x) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

(xi) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

(xiii) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

(xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xv) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

(xvi)__(A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

__(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xvii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xviii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xix) 52.222-54, Employment Eligibility Verification (MAY 2022) (E.O. 12989).

(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).

(xxi) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

(xxii)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xxiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

(xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxv) 52.232–40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232–40.

(xxvi) 52.247–64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247–64.

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

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

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

(b) The use in this solicitation or contract of any Defense Federal Acquisition Regulation Supplement (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of clause)

Section K - Representations, Certifications and Other Statements of Offerors

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (AUG 2020)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-

(i) The Offeror and/or any of its Principals-

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

(B) 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 public (Federal, State, or local) 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 (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision; and

(D) 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.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) 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.

(ii) 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.

(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 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.

(ii) 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. Sec. 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.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEVIATION 2024-O0002) (MAY 2024) ALTERNATE I (FEB 2024) The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

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

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

Forced or indentured child labor means all work or service—

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology—

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

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

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

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

Service-disabled veteran-owned small business (SDVOSB) concern means a small business concern-- (1)(i) Not less than 51 percent of which is owned and controlled 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; or

(2) A small business concern eligible under the SDVOSB Program in accordance with 13 CFR part 128 (see subpart 19.14).

(3) Service-disabled veteran, as used in this definition, 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), and who is registered in the Beneficiary Identification and Records Locator Subsystem, or successor system that is maintained by the Department of Veterans Affairs' Veterans Benefits Administration, as a service-disabled veteran.

Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB Program means an SDVOSB concern that--

(1) Effective January 1, 2024, is designated in the System for Award Management (SAM) as certified by the Small Business Administration (SBA) in accordance with 13 CFR 128.300; or

(2) Has represented that it is an SDVOSB concern in SAM and submitted a complete application for certification to SBA on or before December 31, 2023.

Service-disabled veteran-owned small…