RFQ-21-028-beta.SAM.pdf

A. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice, FAR Part 12, Acquisition of Commercial Items (Title VIII of the Federal Acquisition Streamlining Act of 1994) (Public Law 103-355).

This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

B. The Great Plains Area Indian Health Service (IHS) intends to award a Firm-Fixed Price, Commercial Item, Purchase Order in response to Request for Quote (RFQ) RFQ-21-028.

C. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2021-04.

D. This RFQ is issued as Unrestricted, and the associated NAICS Code is 334118, which has a small business standard of 1,000 employees and 541519, which has a small business standard of $30 million.

E. The quoted unit pricing must be all inclusive (to include but not be limited to travel, lodging, per diem, fringe benefits, federal, state and local taxes) plus all other costs pertinent to the performance of this contract. Utilize your most competitive and reasonable rates.

Complete the attached Price Schedule for:

1. Lifecycle Replacement of Computer Equipment – total amount of all items requested $_____________.

F. To provide Computers, Laptops, Printers, and Scanners.

G. To be provided for the Standing Rock IHS Hospital, Fort Yates, North Dakota, 58538. See Specifications attached and complete. The period of performance will be Date of Award through 60 days.

H. FAR 52.212-1 Instructions to Offerors-Commercial Items (June 2020).

Quotes shall be submitted on company letterhead stationery, signed, dated and it shall include:

1. Solicitation number RFQ-21-028.

2. Closing Date: February 15, 2021 at 10:00 am CST.

3. Name, address and telephone number of company and email address of contact person.

4. Technical description of the item/service being offered in sufficient detail to evaluate compliance with the requirements of the solicitation. This may include product literature, or other documents, if necessary.

5. Terms of any express warranty.

6. Price and any discount terms.

7. “Remit to” address, if different than mailing address.

8. A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically).

9. Acknowledgment of Solicitation Amendments (if any issued)

10. Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information).

11. A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation.

Offerors that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

I. Basis of award is Lowest Price, Technically Acceptable “LPTA” factors determining the successful contractor. The

Government will not use the formal source selection procedures described in FAR part 15. The Government will evaluate quotations utilizing the procedures of FAR 13.106-2 Evaluation of quotations or offers. Offers will be evaluated for acceptability, but not ranked using the non-price factors/sub-factors. All non-price factors and sub-factors will be rated as either “acceptable” or “unacceptable”. The Government intends to evaluate and make award without discussion with the offerors other than minor clarifications, unless discussions are determined to be necessary. A decision on the technical acceptability of each offeror’s quotations will be made. For those offeror’s which are determined to be technically acceptable, award will be made to that vendor with the lowest overall prices.

The LPTA evaluation process will be accomplished as follows - Technical Acceptability will be comprised of three subfactors: 1.) Meeting all areas under the “Specifications” (See Brand Name Justification); 2.) Past Performance; and, 3.)

Price.

1.) Shall provide the items stated in the Specifications (See Brand Name Justification).

2.) Past Performance: The offeror shall provide a list of contracts under which they have performed same or similar services to this RFQ requirement within the last three (3) years. The Government shall assess the offeror’s ability to perform the effort described in the Request for Quote (RFQ). The assessment process will result in an overall technical rating of Acceptable/Non Acceptable or Neutral/Unknown. Offerors with no relevant past or present performance history shall receive the rating “neutral or unknown”, meaning the rating is treated neither favorably nor unfavorably.

3.) Price: The Pricing Schedule must be completed for all line items and will be evaluated as to completeness and reasonableness. The offeror with the lowest technically acceptable prices represents the best value for the Government.

J. FAR 52.212-3 Offer Representations and Certifications-Commercial Items (January 2021) See attachment for full text.

The Offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) website accessed through http://www.acquisition.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (p) of this provision.

K. FAR 52.212-4 Contract Terms and Conditions-Commercial Item (October 2018) – See attachment; in by reference.

L. FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial

Items (January 2021) - See attachment for full text.

M. Attached are the Federal Acquisition Regulations (FAR) & Health & Human Services Acquisition Regulation (HHSAR) clauses that are applicable including below.

N. Offers will be accepted electronically, Submit via e-mail to the following:

Great Plains Area Indian Health Service Attn: Wenda Wright, Contract Specialist 115 4th Ave. SE, Room 309 Aberdeen, SD 57401 Email: wenda.wright@ihs.gov

Any questions, please submit by February 11, 2021 by 10:00 am CST.

Contractors will need a DUNS number, TIN number, and be registered with www.sam.gov.

The Contractor must provide only new equipment and new parts for the required products described herein; no used, refurbished, or remanufactured equipment or parts shall be provided under any circumstances. Absolutely no “Gray Market Goods” or “Counterfeit Electronic Parts” shall be provided. Gray Market Goods are defined as genuine branded goods intentionally or unintentionally sold outside of an authorized sales-territory or by non-authorized dealers in an authorized territory. All equipment shall be accompanied by the Original Equipment Manufacturers (OEM’s) warranty.

Counterfeit Electronic Parts are defined as unlawful or unauthorized reproduction, substitution, or alteration that has been knowingly mismarked, misidentified, or otherwise misrepresented to be an authentic, unmodified electronic part from the original manufacturer, or a source with the express written authority of the original manufacturer or current design activity, including an authorized aftermarket manufacturer. Unlawful or unauthorized substitution includes used electronic parts represented as new, or the false identification of grade, serial number, lot number, date code, or performance characteristics.

http://www.acquisition.gov/ mailto:wenda.wright@ihs.gov

Laptop Latitude 5510 Base (210-AVEU) 15 16GB,1x16GB, DDR4 Non-ECC (370-AFEE) 15 Dual Pointing Backlit US English Keyboard with 10 Key Numeric Keypad

(583-BFBO)

Wireless Qualcomm 61x4A WLAN Driver 5.0 (555-BFOB) 15 M.2 512G PCIe NVMe Class 35 2230 Solid State Drive (400-BIJU) 15 Qualcomm(R) QCA61x4A 802.11ac Dual Band (2x2) Wireless Adapter, Bluetooth 5.0 (555-BCMW)

E5 US Power Cord (450-AAEJ) 15 Dell Limited Hardware Warranty Extended Year(s) (975-3461) 15 Dell Limited Hardware Warranty (997-8317) 15 ProSupport Plus: Next Business Day Onsite, 1 Year (997-8366) 15 ProSupport Plus: Keep Your Hard Drive, 5 Years (997-8392) 15 ProSupport Plus: Next Business Day Onsite, 4 Year Extended (997-8393) 15 ProSupport Plus: Accidental Damage Service, 5 Years (997-8394) 15 ProSupport Plus: 7x24 Technical Support, 5 Years (997-8395) 15 Dual Pointing with Contacted Smart Card Only, Thunderbolt (346-BFYN) 15 4 Cell 68Whr Long Life Battery (includes 3 year limited hardware warranty)

(451-BCJZ)

Latitude 5510 Bottom Door (321-BFIZ) 15 No ENERGY STAR Qualified (387-BBCE) 15 10th Generation Intel� CoreT i7-10810U (6 Core, 12M cache, base 1.1GHz, up to 4.9GHz, vPro) (379-BDVK)

Intel UHD Graphics 620 with Thunderbolt for i7-10810U (338-BURV) 15 Intel Core i7 Processor Label (340-CNBW) 15 LCD back cover for Latitude 5510/5511, WLAN Capable, Carbon Fiber Reinforced Polymer (320-BDRM)

RGB Cam/Mic Bezel with Dell Privacy Shutter (325-BDRM) 15 15.6" FHD WVA (1920 x 1080) Anti-Glare with Embedded Touch, 220 nits

(391-BEZW)

Dell(TM) Digital Delivery Cirrus Client (640-BBLW) 15 Dell Client System Update (Updates latest Dell Recommended BIOS, Drivers, Firmware and Apps) (658-BBMR)

Waves Maxx Audio (658-BBRB) 15 Dell Power Manager (658-BDVK) 15 Dell Support Assist OS Recovery Tool (658-BEOK) 15 Dell Optimizer (658-BEQP) 15 Dell Latitude 5510 SRV (658-BESB) 15

90W E5 Type-C Power Adapter (492-BCXB) 15 OS-Windows Media Not Included (620-AALW) 15 1 BTO Standard Shipment (S) (800-BBQN) 15 1 EPEAT 2018 Registered (Gold) (379-BDZB) 15 Software & Accessories

Dell Privacy Filter 14.0 (750-ABEK) 15 Open Market - C2G 2m High Speed HDMI Cable with Ethernet - 4k 60Hz - UltraHD - 6ft - HDMI with Ethernet cable - 6.6 ft (A7104256)

Dell Auto Air DC Adapter - 90 Watt (450-AAYR) 15

Dell Pro Backpack 15 (PO1520P) (460-BCMN) 15 Dell Laser Wired Mouse MS3220 Black 15 Dell KB813 Smartcard Reader Keyboard (332-1571) 15 Monitor External Dell 24” ICM Monitor, Advanced Exchange Service, 5 years 15 Performance Dock

Dell Performance Dock- WD19DC 210w PD (210-ARYR) 15 Dell Limited Hardware Warranty (824-3993) 15 Advanced Exchange Service, 3 Years (824-3984) 15 Stereo Headset

Dell Pro Stereo Headset - UC150 - Skype for Business (750-AAVN) 15

Medical Grade Keyboard Seal Shield Silver Seal Glow Waterproof -Keyboard – backlit - USB - US - waterproof - (A7549140)

Medical Grade Mouse Seal Shield Silver Storm Waterproof Scroll Wheel Mouse (A7034084) 30

UPS 400

APC Back-UPS 425VA UPS Battery Backup (BE425M) (A9503792) 30

UPS 600

APC Back-UPS 600VA UPS Battery Backup (BE600M1) (A9199455) 10

Computers OptiPlex 7080 MFF XCTO (210-AVLL) non-TAA 30 16GB (1x16GB) DDR4 non-ECC Memory (370-AFIX)

Dell Black Wired 10 Key Numeric Keypad KB813 Smart Card Keyboard (580-

AFDH)

Intel Integrated Graphics, Dell OptiPlex (490-BBFG) 30 Intel(R) Wi-Fi 6 AX201 2x2 (Gig+) + Bluetooth 5.1 (555-BFUF) 30 M.2 512GB PCIe NVMe Class 35 Solid State Drive (400-BEUX) 30 Thermal Pad (412-AALV) 30 M2X3.5 Screw for SSD/DDPE (773-BBBC) 30 Win 10 Pro 64 English, French, Spanish (619-AHKN) 30 Speaker for OptiPlex MFF (520-AARC) 30 Internal Wireless Antennas (555-BFQB) 30 Intel Wi-Fi 6 AX201, Dual-band 2x2 802.11ax with MU-MIMO + Bluetooth 5.1

(555- BFRK)

Dell Limited Hardware Warranty Plus Service (812-3886) 30 ProSupport Plus: Accidental Damage Service, 5 Years (812-3938) 30 ProSupport Plus: Keep Your Hard Drive, 5 Years (812-3939) 30 ProSupport Plus: Next Business Day Onsite 5 Years (812-3940) 30 ProSupport Plus: 7x24 Technical Support, 5 Years (812-3941) 1 Dell Watchdog Timer (379-BDWG)

Dell Watchdog Timer (379-BDWG) 30 Intel vPro Technology Enabled (631-ACNM) 30 Quick Start Guide for OptiPlex 7080 Micro (340-CQNH) 30

OptiPlex 7080 Micro 65W (329-BETU) 30 ENERGY STAR Qualified (387-BBLW) 30 Intel(R) Core(TM) i7-10700 (8 Cores/16MB/16T/2.9GHz to 4.8GHz/65W)

(338-BVCD)

Trusted Platform Module (Discrete TPM Enabled) (329-BBJL) 1 Regulatory Label for 180 W Adapter (DA0) (389-DVNY)

Optional VGA Video Port (382-BBFW) 30 Intel Core i7 vPro Processor Label (340-CPOZ) 30 Dell(TM) Digital Delivery Cirrus Client (640-BBLW) 30 Dell Client System Update (Updates latest Dell Recommended BIOS, Drivers, Firmware and Apps) (658-BBMR)

Waves Maxx Audio (658-BBRB) 30 Dell SupportAssist OS Recovery Tool (658-BEOK) 30 Dell Optimizer (658-BEQP) 30 180W A/C Adapter (450-AHBG) 30 Software & Accessories Micro AIO Stand MFS18 CUS KIT (452-BCQC) 30 Dell Laser Wired Mouse - MS3220 Black (570-ABGN)

Wyse Terminals 30 Wyse 5470 AIO, FCTO (210-ASNK) non-TAA 30 4GB 1x4GB, 2400MHz DDR4 Memory (370-AETF)

Dell Wired Keyboard KB216 Black (English) (580-ADOY) 30 SATA Flash Included (400-AMZR) 30 Wyse ThinOS Firmware Access (619-ANNK) 30 Wyse ThinOS, English, Does NOT support PCoIP, includes Wyse ThinOS Firmware Access (619-ANXG)

Wyse 5470 AIO, Quad Core Cel J4105 10W, 16G eMMC, FS (321-BENK) 30 Dell Optical Mouse-MS116 Black (570-AATE) 30 Energy Star Compliant (340-AAPZ) 30 ENERGY STAR Qualified (389-BKKG) 30 US Power Cord (450-ACSP) 30 ProSupport: Next Business Day Onsite, 2 Years Extended (825-9815) 30 ProSupport: Next Business Day Onsite, 3 Years (825-9816) 30 ) 1 Dell Limited Hardware Warranty Initial Year (825-9820) 30

ProSupport: 7X24 Technical Support, 5 Years (825-9828) 30 Dell Limited Hardware Warranty Extended Year(s) (975-3461) 30

Trusted Platform Module (Discrete TPM Enabled) (329-BBJL) 30 Quick Reference Guide for Wyse 5470 AIO (340-CMME) 30

Intel Celeron J4105 (4 Cores/4MB/4T/up to 2.5GHz/10W) supports Wyse ThinOS/ThinOS+PCOIP/Windows IoT (338-BOBO)

Packaging for Wyse 5470 AIO (340-CNCQ) 30 Wyse All-in-One Easel Stand, 5470 All-in-One (486-BBDT) 30 Intel(R) Celeron(R) Label (340-AQVB) 30

LCD Included (340-ADNO) 30 Wyse Software Driver for Thin OS/Linux (658-BDSS) 30 90 Watt AC Adapter (450-AELY) 30

Monitor External Dell 24 ICM Monitor - P2418HZm (210-ANME) 30 Dell Limited Hardware Warranty (814-5380) 30 Advanced Exchange Service, 5 Years (814-5383) 30 Printers LaserJet Pro M428fdn - Laser Printer - Monochrome - Laser - Up to 40 ppm (black) - 1200 dpi x 1200 dpi - 100-sheet tray 1-250-sheet input tray 2; 50-sheet Automatic Document Feeder (ADF) - USB 2.0 part no. w1a29a#bgj

HP 3y NBD LJ Pro MFP M428 M429 M329 SVC part no. UB9R7E

HP INC. : LaserJet Enterprise MFP M577F - Multifunction - Laser - Up to 40 ppm, letter (38 ppm, A4) - Up to 600 x 600 dpi, up to 1,200 x 1,200 dpi (Fine lines); HP ImageREt 3600, PANTONE calibrated - 600 dpi x 600 dpi - Ethernet 10/100/1000Base-TX;USB 2.0 Notes: One-year, next-business day, onsite warranty. part no. b5l47a#bgj

HP INC. : LaserJet Enterprise M608dn - Laser Printer - Monochrome - Laser - Normal: Up to 65 ppm - 1200 dpi x 1200 dpi – Ethernet 10/100/1000Base- TX;USB 2.0;USB 2.0 Host part no. K0q18a#bgj

HP - Media tray / feeder - 550 sheets - for LaserJet Enterprise M607 M608 M610 M611 M612; LaserJet Managed E60055 E60065 E60075 part no.

L0H17A

Scanner FI-7160 COL SHTFEDSCAN 60PPM USB DUPLX part no. pa03670-b085 FI-7160 3YR ADV EXCHG NBD part no. s7160-aemynbd-3

CLAUSES INCORPORATED BY REFERENCE

(Firm Fixed-Price, Commercial)

FAR CITATION: 52.252-2: Clauses Incorporated by Reference. (FEB 1998) I. Federal Acquisition Regulations (FAR) (48 CFR Chapter 1) Clauses

No. FAR Citation Clause Title Clause Date ____

1. 52.203-12 Limitation on Payments to Influence Certain June 2019 Federal Transactions

2. 52.204-7 System for Award Management October 2018

3. 52.204-13 System for Award Management Maintenance October 2018

4. 52.204-16 Commercial and Government Entity Code July 2016 Reporting

5. 52.204-18 Commercial and Government Entity Code July 2016 Maintenance

6. 52.204-19 Incorporation by Reference of December 2014 Representations and Certifications

7. 52.212-1 Instructions to Offerors – Commercial Items June 2020

8. 52.212-4 Contract Terms and Conditions October 2018

- Commercial Items

9. 52.232-39 Unenforceability of Unauthorized Obligations June 2013

10. 52.232-40 Providing Accelerated Payments to Small December 2013 Business Subcontractors

11. 52.253-1 Computer Generated Forms January 1991

CLAUSES INCORPORATED IN FULL TEXT

II. Federal Acquisition Regulations (FAR) (48 CFR Chapter 1) Clauses

No. FAR Citation Clause Title Clause Date ____

1. 52.204-24 Representation Regarding Certain August 2019 Telecommunications and Video Surveillance Services or Equipment

2. 52.212-3 Offerors Representations and Certifications January 2021 (See attached)

3. 52.212-5 Contract Terms and Conditions Required To January 2021 Implement Statues or Executive Orders – Commercial Items (See attached)

4. 52.217-8 Option to Extend the Services November 1999

5. 52.252-1 Solicitation Provisions Incorporated by February 1998 Reference

6. 52.252-2 Clauses Incorporated by Reference February 1998

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.

As prescribed in 4.2105(a), insert the following provision:

Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2019)

(a) Definitions. As used in this provision—

“Covered telecommunications equipment or services”, “Critical technology”, and “Substantial or essential component” have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. 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. Contractors are not prohibited from providing—

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

(c) Representation. The Offeror represents that—

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.

(d) Disclosures. If the Offeror has responded affirmatively to the representation in paragraph (c) of this provision, the Offeror shall provide the following information as part of the offer

(1) All covered telecommunications equipment and services offered (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);

https://www.acquisition.gov/content/part-4-administrative-and-information-matters#id1989H0G40RF https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#unique_1843370613

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

(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and

(4) For equipment, 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).

(End of provision)

52.217-8 Option to Extend Services.

As prescribed in 17.208(f), insert a clause substantially the same as the following:

OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

(End of clause)

52.252-1 Solicitation Provisions Incorporated by Reference.

As prescribed in 52.107(a), insert the following provision:

SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions 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.

The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

https://www.acquisition.gov

(End of provision)

52.252-2 Clauses Incorporated by Reference.

As prescribed in 52.107(b), insert the following clause:

CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2017_2.html#wp1078175 https://www.acquisition.gov/sites/default/files/current/far/html/52_000_107.html#wp1114174 https://www.acquisition.gov/sites/default/files/current/far/html/52_000_107.html#wp1114174

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

(End of clause)

III. Department of Health and Human Services Acquisition Regulations (HHSAR) (49 Chapter 3) Clauses

No. HHSAR Citation Clause Title Clause Date_ ____

1. HHSAR 352.226-1 Indian Preference December 2015

2. HHSAR 352.226-2 Indian Preference Program December 2015

352.226-1 Indian Preference.

As prescribed in HHSAR 326.505(a), the Contracting Officer shall insert the following clause:

Indian Preference (December 18, 2015)

(a) The Contractor agrees to give preference in employment opportunities under this contract to Indians who can perform required work, regardless of age (subject to existing laws and regulations), sex, religion, or tribal affiliation. To the extent feasible and consistent with the efficient performance of this contract, the Contractor further agrees to give preference in employment and training opportunities under this contract to Indians who are not fully qualified to perform regardless of age (subject to existing laws and regulations), sex, religion, or tribal affiliation. The Contractor also agrees to give preference to Indian organizations and Indian-owned economic enterprises in the awarding of any subcontracts to the extent feasible and consistent with the efficient performance of this contract. The Contractor shall maintain the necessary statistical records to demonstrate compliance with this paragraph.

(b) In connection with the Indian employment preference requirements of this clause, the Contractor shall provide reasonable opportunities for training, incident to such employment. Such training shall include on-the—job, classroom, or apprenticeship training designed to increase the vocational effectiveness of an Indian employee.

(c) If the Contractor is unable to fill its employment and training opportunities after giving full consideration to Indians as required by this clause, the Contractor may satisfy those needs by selecting non-Indian persons in accordance with the clause of this contract entitled "Equal Opportunity."

(d) If no Indian organizations or Indian-owned economic enterprises are available under reasonable terms and conditions, including price, for awarding of subcontracts in connection with the work performed under this contract, the Contractor agrees to comply with the provisions of this contract involving utilization of small businesses; HUBZone small businesses; service-disabled, veteran-owned small businesses; 8(a) small businesses; veteran-owned small businesses; women-owned small businesses; or small disadvantaged businesses.

http://farsite.hill.af.mil/reghtml/regs/other/hhsar/326.htm#P23_4614

(e) As used in this clause,

(1) Indian means a person who is a member of an Indian tribe. If the Contractor has reason to doubt that a person seeking employment preference is an Indian, the Contractor shall grant the preference but shall require the individual provide evidence within 30 days from the tribe concerned that the person is a member of the tribe.

(2) Indian tribe means an Indian tribe, pueblo, band, nation, or other organized group or community, including Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (85 Stat. 688; 43 U.S.C. 1601) which the United States recognizes as eligible for the special programs and services provided to Indians because of its status as Indians.

(3) Indian organization means the governing body of any Indian Tribe or entity established or recognized by such governing body in accordance with the Indian Financing Act of 1974 (88 Stat. 77; 25 U.S.C. 1451).

(4) Indian-owned economic enterprise means any Indian-owned commercial, industrial, or business activity established or organized for the purpose of profit, provided that such Indian ownership shall constitute not less than 51 percent of the enterprise, and that ownership shall encompass active operation and control of the enterprise.

(f) The Contractor agrees to include the provisions of this clause, including this paragraph (f) of this clause, in each subcontract awarded at any tier under this contract.

(g) In the event of noncompliance with this clause, the Contracting Officer may terminate the contract in whole or in part or may pursue any other remedies authorized by law or by other provisions of the contract.

(End of clause)

352.226-2 Indian Preference Program.

As prescribed in HHSAR 326.505(b), the Contracting Officer shall insert the following clause:

Indian Preference Program (December 18, 2015)

(a) In addition to the requirements of the clause of this contract entitled “Indian Preference,” the Contractor agrees to establish and conduct an Indian preference program which will expand opportunities for Indians to receive preference for employment and training in connection with the work performed under this contract, and which will expand the opportunities for Indian organizations and Indian-owned economic enterprises to receive a preference in the awarding of subcontracts. In this connection, the Contractor shall perform the following:

(1) Designate a liaison officer who will maintain liaison with the Government and the Tribe(s) on Indian preference matters; supervise compliance with the provisions of this clause; and administer the Contractor’s Indian preference program.

(2) Advise its recruitment sources in writing and include a statement in all employment advertisements that Indian applicants receive preference in employment and training incident to such employment.

(3) Not more than 20 calendar days after award of the contract, post a written notice setting forth the Contractor’s employment needs and related training opportunities in the tribal office of any reservations on or http://farsite.hill.af.mil/reghtml/regs/other/hhsar/326.htm#P23_4614 near the contract work location. The notice shall include the approximate numbers and types of employees needed; the approximate dates of employment; any experience or special skills required for employment;

training opportunities available; and other pertinent information necessary to advise prospective employees of any other employment requirements. The Contractor shall also request the tribe(s) on or near whose reservation(s) the Contractor will perform contract work to provide assistance filling its employment needs and training opportunities. The Contracting Officer will advise the Contractor of the name, location, and phone number of the Tribal officials to contact regarding the posting of notices and requests for Tribal assistance.

(4) Establish and conduct a subcontracting program which gives preference to Indian organizations and Indian-owned economic enterprises as subcontractors (including suppliers) under this contract. The Contractor shall give public notice of existing subcontracting opportunities and, to the extent feasible and consistent with the efficient performance of this contract, shall solicit bids or proposals from Indian organizations or Indian-owned economic enterprises only. The Contractor shall request assistance and information on Indian firms qualified as subcontractors (including suppliers) from the Tribe(s) on or near whose reservation(s) the Contractor will perform contract work. The Contracting Officer will advise the Contractor of the name, location, and phone number of the Tribal officials to contact regarding the request for assistance and information. Public notices and solicitations for existing subcontracting opportunities shall provide an equitable opportunity for Indian firms to submit bids or proposals by including—

(i) A clear description of the supplies or services required, including quantities, specifications, and delivery schedules that facilitate the participation of Indian firms;

(ii) A statement indicating that Indian organizations and Indian-owned economic enterprises will receive preference in accordance with section 7(b) of Pub. L. 93–638; 88 Stat. 2205; 25 U.S.C. 450e(b);

(iii) Definitions for the terms “Indian organization” and “Indian-owned economic enterprise” prescribed under the “Indian Preference” clause of this contract;

(iv) A statement that the bidder or offeror shall complete certifying that it is an Indian organization or Indian-owned economic enterprise; and

(v) A closing date for receipt of bids or proposals which provides sufficient time for preparation and submission of a bid or proposal. If, after soliciting bids or proposals from Indian organizations and Indian-owned economic enterprises, the Contractor receives no responsive bid or acceptable proposal, the Contractor shall comply with the requirements of paragraph (d) of the “Indian Preference” clause of this contract. If the Contractor receives one or more responsive bids or conforming proposals, the Contractor shall award the contract to the low, responsive, responsible bidder or conforming offer from a responsible offeror if the price is reasonable. If the Contractor determines the low responsive bid or conforming proposal’s price is unreasonable, the Contractor shall attempt to negotiate a reasonable price and award a subcontract. If parties cannot agree on a reasonable price, the Contractor shall comply with the requirements of paragraph (d) of the “Indian Preference” clause of this contract.

(5) Maintain written records under this contract which demonstrate—

(i) The numbers of Indians seeking employment for each employment position available under this contract;

(ii) The number and types of positions filled by Indians and non-Indians;

(iii) The total number of Indians employed under this contract;

(iv) For those positions having both Indian and non-Indian applicants, and a non-Indian is selected for employment, the reason(s) why the Contractor did not select the Indian applicant;

(v) Actions taken to give preference to Indian organizations and Indian-owned economic enterprises for subcontracting opportunities which exist under this contract;

(vi) Reasons why Indian subcontractors and or suppliers did not receive preference for each requirement where the Contractor determined that such preference was inconsistent with efficient contract performance;

and

(vii) The number of Indian organizations and Indian-owned economic enterprises contacted, and the number receiving subcontract awards under this contract.

(6) Submit to the Contracting Officer for approval a quarterly report summarizing the Contractor’s Indian preference program and indicating the number and types of available positions filled by Indians and non- Indians, and the dollar amounts of all subcontracts awarded to Indian organizations and Indian-owned economic enterprises, and to all other firms.

(7) Maintain records pursuant to this clause and keep them available for review by the Government for one year after final payment under this contract, or for such longer period in accordance with requirements of any other clause of this contract or by applicable law or regulation.

(b) For purposes of this clause, the following definitions of terms shall apply:

(1) The terms Indian, Indian tribe, Indian organization, and Indian-owned economic enterprise are defined in the clause of this contract entitled Indian Preference.

(2) Indian reservation includes Indian reservations, public domain Indian allotments, former Indian reservations in Oklahoma, and land held by incorporated Native groups, regional corporations, and village corporations under the provisions of the Alaska Native Claims Settlement Act (85 Stat. 688; 43 U.S.C. 1601 et seq.)

(3) On or near an Indian reservation means on a reservation or reservations or within that area surrounding an Indian reservation(s) where a person seeking employment could reasonably expect to commute to and from in the course of a work day.

(c) Nothing in the requirements of this clause shall preclude Indian tribes from independently developing and enforcing their own Indian preference requirements. Such requirements must not conflict with any Federal statutory or regulatory requirement dealing with the award and administration of contracts.

(d) The Contractor agrees to include the provisions of this clause, including this paragraph (d), in each subcontract awarded at any tier under this contract and to notify the Contracting Officer of such subcontracts.

(e) In the event of noncompliance with this clause, the Contracting Officer may terminate the contract in whole or in part or may pursue any other remedies authorized by law or by other provisions of the contract.

(End of clause)

52.212-3 Offeror Representations and Certifications-Commercial Items.

As prescribed in 12.301(b)(2), insert the following provision:

OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL ITEMS (JAN 2021)

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;

https://www.acquisition.gov/far/part-12#FAR_12_301 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

(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 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 veteransor, 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 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.

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.

(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 http://www.sam.gov/ submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items, 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 will be performed in the United States or its outlying areas. 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.

(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 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-4#FAR_4_1201 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…