RFQ 47QSCC21Q0002.pdf

Request for Quotation (RFQ) 47QSCC21Q0002

Mass Care Pandemic Sheltering Kits

November 3, 2020

TABLE OF CONTENTS

SECTION A - SOLICITATION/CONTRACT FORM 3

SECTION B - CONTINUATION 4

SECTION C - CONTRACT CLAUSES 7

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS 18

SECTION E - SOLICITATION PROVISIONS 26

INSTRUCTIONS TO OFFERORS- ADDENDUM 54

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NO.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

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

BELOW IS CHECKED

RFQ IFB RFP

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . . YOUR OFFER ON SOLICITATION

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NAICS:

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

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

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

8 (A)

EDWOSB

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

47QSCC21Q0002

Dominic Lackey (202) 501-2272

See Box 9.

U.S. General Service Administration

USDA - Office of the Chief Financial Officer - FMLOB Provider

Pegasys Financial Services

2300 Main St. Kansas City, MO. 64108

Firm-Fixed Price

All terms and conditions from the solicitation, supplemental

FAR and agency clauses are incorporated herein.

Dominic Lackey

DATE

11 03 20

LOCAL TIME

11/17/2020

FAS/Office of General Supplies and Services

Office of Acquisition Management

Internal Acquisition Division

FAS 1800 F Street NW

Washington, DC 20405-0001

X

SECTION B - CONTINUATION

B.1 INTRODUCTION

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6 Commercial Item as supplemented with additional information included in this notice. This is a Request for Quotations (RFQ) Number 47QSCC21Q0002 for FEMA’s Mass Care Pandemic Kits to Lathrop, CA in accordance with Federal Acquisition Regulation (FAR) parts 12 and 15.

In accordance with the Inter-Agency Agreement (IAA) with the Department of Homeland Security’s (DHS) Federal Emergency Management Agency (FEMA), GSA is seeking to procure 200 Mass Care Pandemic Kits for delivery to a FEMA distribution center in Lathrop, CA.

The required date of delivery for the items is no later than 1/29/2021.

B.2 GENERAL

The Offeror shall provide all management, supervision, labor, facilities, and materials necessary to provide the supplies and services required under this solicitation.

B.3 CONTRACT TYPE

The contract will be on the basis of Firm Fixed Price (FFP).

B.4 NAICS

The contract will be will be established with contractors holding at least one of the below North American Industry Classification System (NAICS) in the System for Award Management

(SAM):

- NAICS 423450 - Medical, Dental, and Hospital Equipment and Supplies Merchant Wholesaler.

B.5 PRICING

Note: The requirement is to provide 200 of the following kits. The price per unit, extended price, kiting, shipping, and total price is to be filled out below by the offeror.

FEMA Distribution Center (DC) - Lathrop, CA - Per-Kit Pricing

Item #

Description

Unit of

Measure

Quantity

Price per unit

(To be filled out by offeror)($)

Extended

Price (To be filled out by offeror) ($)

Touch Free

Sanitizing Stations

Each

0002 Touch Free

Sanitizing Stations/

Refill

0003 Privacy

Walls/Partitions

0004 Privacy Walls 4-

Panel Connectors

0005 Privacy Walls 2-

Panel Connectors

First Aid Kits

0007 Sanitation

Cavicide Wipes

0008 Sanitation Wipes

(Red Top

Alternative)

Cleaning Wipes

Clear Masks

2 Boxes

Hand Soap

0012 Cleaning Supplies

Kit

0013 Hand Sanitizer

(Personal Size)

4 Cartons of 24

0014 Handwashing

Stations (ADA)

Gloves MED/LRG

33 Boxes

0016 Non-Contact

Temporal

Thermometer

0017 Pallet Pack

Containers

Total PricePer Kit

Total Price for 200 kits

Total Price for Kitting

Total Shipping Price to DC Lathrop, CA

Total Price (Extended Price and Shipping

Cost)

SECTION C - CONTRACT CLAUSES

FAR CLAUSES INCORPORATED BY REFERENCE

52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (OCT

2018)

52.203-3 GRATUITIES (APR 1984)

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND

REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (APR

2014)

52.229-3 FEDERAL, STATE, AND LOCAL TAXES (FEB 2013)

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN

2013)

52.233-1 DISPUTES (MAY 2014)

52.242-13 BANKRUPTCY (JUL 1995)

52.242-15 STOP-WORK ORDER (AUG 1989)

52.243-1 CHANGES—FIXED-PRICE (AUG 1987)

52.247-34 F.O.B. DESTINATION (NOV 1991)

52.247-38 F.O.B. INLAND CARRIER, POINT OF EXPORTATION (FEB 2006)

FAR CLAUSES INCORPORATED BY FULL TEXT

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS - COMMERCIAL ITEMS (AUG 2020)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or

Executive orders applicable to acquisitions of commercial items:

(1) 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)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services

Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment. (Aug 2020)

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov

2015).

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws

108-77 and 108-78 ( 19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the

Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

_X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Jun 2020) (31 U.S.C. 6101 note).

_X_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

__ (10) [Reserved].

__ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Mar 2020) (15 U.S.C. 657a).

__ (ii) Alternate I (Mar 2020) of 52.219-3.

__ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (Mar 2020) of 52.219-4.

__ (13) [Reserved]

__ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Mar 2020) of 52.219-6 (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-6.

__ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Mar 2020) (15 U.S.C.

644).

__ (ii) Alternate I (Mar 2020) of 52.219-7.

_X_ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C.

637(d)(2) and (3)).

_X_ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jun 2020) (15 U.S.C.

637(d)(4)).

__ (ii) Alternate I (Nov 2016) of 52.219-9.

_X_ (iii) Alternate II (Nov 2016) of 52.219-9.

__ (iv)Alternate III (Jun 2020) of 52.219-9.

__ (v)Alternate IV (Jun 2020) of 52.219-9

__ (18) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

(ii) Alternate I (Mar 2020) of 52.219-13.

__ (19) 52.219-14, Limitations on Subcontracting (Mar 2020) (15 U.S.C. 637(a)(14)).

_X_ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Mar 2020) (15 U.S.C. 657f).

_X_ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (May 2020) (15 U.S.C. 632(a)(2)).

(ii) Alternate I (MAR 2020) of 52.219-28.

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Mar 2020) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Mar2020) (15 U.S.C. 637(m)).

__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

__ (26) 52.219-33, Nonmanufacturer Rule (Mar 2020) (15U.S.C. 637(a)(17)).

_X_ (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

_X_ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan2020) (E.O.13126).

_X_ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

__ (ii) Alternate I (Feb 1999) of 52.222-26.

_X_ (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

__ (ii) Alternate I (Jul 2014) of 52.222-35.

_X_ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

__ (ii) Alternate I (Jul 2014) of 52.222-36.

_X_ (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

_X_ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X_ (35) (i) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O. 13627).

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

__ (36) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA– Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

__ (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Oct 2015) of 52.223-13.

__ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun2014) of 52.223-14.

__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).

__ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-16.

_X_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

__ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (46) 52.223-21, Foams (Jun2016) (E.O. 13693).

__ (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

__ (ii) Alternate I (Jan 2017) of 52.224-3.

__ (48) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83).

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C.

4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110- 138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I (May 2014) of 52.225-3.

__ (iii) Alternate II (May 2014) of 52.225-3.

__ (iv) Alternate III (May 2014) of 52.225-3.

_X_ (50) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C.

3301 note).

_X_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (52) 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. 2302Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C.

5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150).

__ (55) 52.229-12, Tax on Certain Foreign Procurements (Jun 2020).

__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (57) 52.232-30, Installment Payments for Commercial Items (Jan2017) (41 U.S.C.

4505, 10 U.S.C. 2307(f)).

_X_ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) (31 U.S.C. 3332).

_X_ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (60) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

_X_ (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C.

637(d)(13)).

__ (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

__ (iii) Alternate II (Feb 2006) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

__ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).

__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C.

206 and 41 U.S.C. chapter 67).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).

__ (5) 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).

__ (6) 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).

__ (7) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O.

13706).

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) 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.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. 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 (Jun 2020) (41

U.S.C. 3509).

(ii) 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)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services

Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and

Video Surveillance Services or Equipment. (Aug 2020)

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (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.

(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(vii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).

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

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29

U.S.C. 793).

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

(xi) 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.

(xii) 52.222-41, Service Contract Labor Standards (Aug2018) (41 U.S.C. chapter

67).

(xiii) (A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O 13627).

(B) Alternate I (Mar2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor

Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-

Requirements (May2014) (41 U.S.C. chapter 67).

(xv) 52.222-53, Exemption from Application of the Service Contract Labor

Standards to Contracts for Certain Services-Requirements (May2014) (41 U.S.C. chapter 67).

(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O.

13706).

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

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

(xx) 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. 2302 Note).

(xxi) 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.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels

(Feb 2006) (46 U.S.C. Appx. 1241(b) 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 items 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/these address(es):

https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/browse/index/gsam

GENERAL SERVICES ADMINISTRATION ACQUISITION MANUAL (GSAM) Part

552—SOLICITATION PROVISIONS AND CONTRACT CLAUSES

552.203-71 RESTRICTION ON ADVERTISING (SEP 1999)

The Contractor shall not refer to this contract in commercial advertising or similar promotions in such a manner as to state or imply that the product or service provided is endorsed or preferred by the White House, the Executive Office of the President, or any other element of the Federal

Government, or is considered by these entities to be superior to other products or services. Any advertisement by the Contractor, including price-off coupons, that refers to a military resale activity shall contain the following statement: "This advertisement is neither paid for nor sponsored, in whole or in part, by any element of the United States Government."

552.211-73 MARKING (FEB 1996)

(a) General requirements. Interior packages, if any, and exterior shipping containers shall be marked as specified elsewhere in the contract. Additional marking requirements may be specified on delivery orders issued under the contract. If not otherwise specified, interior packages and exterior shipping containers shall be marked in accordance with the following standards.

(1) Deliveries to civilian activities. Supplies shall be marked in accordance with Federal Standard 123, edition in effect on the date of issuance of the solicitation.

(2) Deliveries to military activities. Supplies shall be marked in accordance with Military Standard 129, edition in effect on the date of issuance of the solicitation.

(b) Improperly marked material. When Government inspection and acceptance are at destination, and delivered supplies are not marked in accordance with contract requirements, the

Government has the right, without prior notice to the Contractor to perform the required marking, by contract or otherwise, and charge the Contractor, therefore at the rate specified elsewhere in this contract. This right is not exclusive, and is in addition to other rights or remedies provided for in this contract.

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

Statement of Work

D. 1 BACKGROUND

This requirement is for the supply, kitting, and delivery of 200 Mass Care Pandemic Kits to the FEMA Distribution Center in Lathrop, CA. This requirement is in support of FEMA replenishment efforts.

D.2 SCOPE OF WORK REQUIREMENTS

The Contractor must provide the following items to the FEMA Distribution Center in Lathrop, CA (700 East Roth Road Lathrop, CA 95330). Delivery must be made NLT 1/29/21

One Mass Care Pandemic Kit is intended to support one 50-person shelter. The quantities below reflect the total items needed for one individual kit. In total, 200 kits will be required for this request. The items must be kitted prior to delivery to FEMA.

NOTE: ALL ITEMS MUST BE TRADE AGREEMENTS ACT (TAA) COMPLIANT

Each kit is to include the following items and quantities. More information regarding the specifications for each item are found further below.

Description

Unit of Measure

Quantity

Touch Free Sanitizing Stations

Touch Free Sanitizing Stations/ Refill

Privacy Walls/Partitions Each

Privacy Walls 4-Panel Connectors Each

Privacy Walls 2-Panel Connectors Each

First Aid Kits Each

Sanitation Cavicide Wipes

Sanitation Wipes (Red Top Alternative)

Cleaning Wipes Each

Clear Masks Each

2 Boxes

Hand Soap Each

Cleaning Supplies Kit Each

Hand Sanitizer (Personal Size) Each

4 Cartons of 24

Handwashing Stations (ADA) Each

Gloves MED/LRG Each

33 Boxes

Non-Contact Temporal Thermometer Each

Pallet Pack Containers

More information regarding the specifications for each item are as follows:

1. Touch Free Sanitizing Stations (Floor Stands)

FLOOR STAND FOR TOUCH FREE HAND SANITIZING DISPENSER

(QTY 2)

Similar to:

https://www.gsaadvantage.gov/advantage/ws/catalog/product_detail?gsin=11000007608918

2. Touch Free sanitizing station refills

Liquid Hand Sanitizer Dispenser, 1200 mL., (QTY 10)

Similar to: https://www.gojo.com/en/Product/2720-12

3. Privacy Walls/Partitions

Clear vinyl, 6’w x 6’h – standard frame – casters

(QTY 100)

Similar to: https://www.curtain-and-divider.com/product/industrial-room-dividers-partitions/

4. Privacy walls 2 panel connectors

(QTY 11)

Similar to: https://www.curtain-and-divider.com/product/industrial-room-dividers-partitions/

5. Privacy walls 4 panel connectors

(QTY 11)

Similar to: https://www.curtain-and-divider.com/product/industrial-room-dividers-partitions/

6. Professional First Aid Kit

Small First Responder Kit – Dimensions: 16"L x 8.75"H x 7.5"D

(QTY 2)

Similar to: https://www.seton.com/fieldtex-small-first-responder-first-aid-kit-5529b.html

7. Sanitation Wipes

DISINFECTANT WIPES 160 COUNT

EPA Registered Hospital Grade Disinfectant/Cleaner - Specifically Formulated For The Control

Of Cross-Contamination

(QTY 200)

Similar to:

https://www.gsaadvantage.gov/advantage/ws/catalog/product_detail?gsin=11000075543727

8. Sanitation Wipes

DISINFECTING WIPE 35 COUNT

(QTY 200)

https://www.gsaadvantage.gov/advantage/ws/catalog/product_detail?gsin=11000039798965

9. Cleaning Wipes

WIPE, GERM, MICRO-KILL+ ALC, 7X10", 50CT

3.25L X 3.25W (IN),WIPE,GERM,MICRO-KILL+ ALC, 7X10", 50CT

(QTY 200)

https://www.gsaadvantage.gov/advantage/ws/catalog/product_detail?gsin=11000026605320

10. Clear Mask (non medical) Clearmask

55% of communication is visual. 24 per box fully transparent face mask optimized for comfort and breathability.

(QTY 2 BX)

Similar to: https://www.theclearmask.com/

11. Liquid Hand Soap

Antibacterial Liquid Hand Soap, 7.5 Ounce

(QTY 100)

Similar to: https://www.dialsoap.com/products/hand-soap/gold

12. Cleaning supplies kit, Janitorial Starter kit

(QTY 2)

Similar to: https://www.directmopsales.com/JANITORIALSUPPLYKIT-s/83.htm

13. Hand Sanitizer

Instant Hand Sanitizer, 2 Oz. Pump Bottles, Carton Of 24

(4 CTN)

Similar to: https://www.officesupplyinc.com/purellreg-personal-pump-instant-hand-sanitizer-pump-bottle-dispenser-hand-clear-moisturizing-carton-p-10853.html

14. Portable hand washing Station (ADA)

PORTABLE HANDWASH STATIONS - PORTABLE HEATED WASH STATION

WITHOUT FAUCET OVERALL LENGTH 23 IN. OVERALL WIDTH 18 IN. OVERALL

HEIGHT 62 IN. BOWL SIZE 16 IN X 10 IN. BOWL DEPTH 6 IN. ADA COMPLIANT NO

BACK SPLASH YES BOWL SHAPE D-SHAPED BACK SPLASH HEIGHT 3 IN. SIDE

SPLASH NO NUMBER OF STATIONS 1 DRAIN OPENING 1-1/2 IN. GAUGE 10

INCLUDES DRAIN HOSE

(QTY 2)

Similar to:

https://www.gsaadvantage.gov/advantage/ws/catalog/product_detail?gsin=11000036705546

15. Gloves GENERAL-PURPOSE VINYL GLOVES, LATEX-FREE

General-Purpose Vinyl Gloves, Latex-Free, 4 mils, Medium, Clear, 100/Box

(33 BX)

https://www.gsaadvantage.gov/advantage/ws/catalog/product_detail?gsin=11000015033098

16. THERMOMETER, NO TOUCH

No Touch Thermometer - Auto-off, Memory Recall, Backlit Digital Display, Alarm, Latex-free, Reusable, Infrared - For Forehead

(QTY 5)

Similar to:

https://www.gsaadvantage.gov/advantage/ws/catalog/product_detail?gsin=11000041664201

17. Pallet Pack Containers

57" x 48" x 50" Pallet Pack 2000lb capacity and stackable.

(QTY 15)

Similar to: https://www.bulkcontainerexpress.com/p/DGP574850-

0.html?utm_source=google&utm_medium=cpc&adpos=&scid=scplpDGP574850-

0&sc_intid=DGP574850-0&gclid=EAIaIQobChMI246C-

KDz6gIVVQiICR2xwQeLEAQYFSABEgIcQvD_BwE

NOTE: Offerors that are not the manufacturer the items in the kit themselves, must demonstrate that they will be in compliance of FAR 19.102(f)(2): A concern which purchases items and packages them into a kit is considered to be a non-manufacturer small business and can qualify as such for a given acquisition if it meets the size qualifications of a small non-manufacturer for the acquisition, and if more than 50 percent of the total value of the kit and its contents are accounted for by items manufactured by small business.

D.3 TRACKING

At a minimum, the offeror shall track the delivery by Global Positioning Satellite/System (GPS) or other instantaneous tracking capability. Upon request by the Contracting Officer, the offeror may be required to provide shipping information such as the trailer number, truck number, and estimated delivery date.

D.4 PACKAGING

The vendor shall meet the following packaging requirements: Packaging shall be shipped in one of the pallet jack containers (57" x 48" x 50" Pallet Pack 2000lb capacity and stackable.

Anything that cannot fit into the containers like partitions shall be shipped on industry standard-size pallets (48 inches in length x 40 inches in width, 4-way). The pallets and/or containers shall be fully covered on all sides (excluding the bottom only) with a minimum of (10) layers of stretch-wrap. The stretch-wrap shall extend over the top of the items by a minimum of six inches, which creates a protective layer on the top of the package. The items shall be stacked so the total height of each container and material(s) does not exceed 55 inches.

The contractor shall label each sealed pallet container in accordance with the following minimum requirements:

a. A statement identifying the commodity;

b. The name and place of business of the manufacturer, packer and/or distributor;

c. Net quantity of contents in terms of weight, measure, and numerical count

(measurements must be in both metric and inch/pound units); and

d. Each container and or pallet will be labeled with the FEMA logo printed on all four sides

The offeror is responsible for ensuring that all packaging, pallets, and other shipping material or markings meet all port of entry and debarkation requirements.

D. 5 RECORD KEEPING AND ACCEPTANCE

Delivery Receipt:

A FEMA representative will sign for receipt of the items upon delivery. This signature(s) does not imply inspection and acceptance. The signature only acknowledges the delivery was made.

Inspection:

Inspection will be made within 10 days after delivery for any hidden or latent discrepancies and will be reported to the GSA Contracting Officer.

Acceptance:

1) Per FAR Subpart 46.501, general acceptance constitutes acknowledgment that the supplies or services conform to applicable contract quality and quantity requirements, except as provided in this subpart and subject to other terms and conditions of the contract. The FEMA Contracting Officer Representative (COR) or a designated government representative will determine the acceptability of the delivery. Acceptance shall ordinarily be evidenced by execution of an acceptance certificate on an inspection or receiving report form or commercial shipping document/packing list.

Acceptance shall be provided as soon as possible by the government representative but not more than 10 days after inspection.

2) Per FAR Subpart 46.502, acceptance of supplies or services is the responsibility of the Contracting Officer. When this responsibility is assigned to the cognizant contract administration office or to another agency (see FAR Subpart 42.202 (g)) acceptance by that office or agency is binding on the government. FEMA shall provide timely notification to GSA upon receipt of all supplies and or services.

3) Per FAR Subpart 46.503, each purchase order shall specify the place of acceptance (for transportation terms, see FAR Subpart 47.3). Supplies accepted at a place other than the destination specified at in the purchase order shall not be reinspected at the specified destination for acceptance purposes, but should be examined at the specified destination for quantity, damage in transit, and possible substitution or fraud.

D.6 CONTRACT ADMINISTRATION POINTS OF CONTACT

Contracting Officer Dominic Lackey Contracting Officer General Services Administration 1800 F. Street Washington, DC 20405 Email:dominic.lackey@gsa.gov

Contracting Specialist Nia Hill Contract Specialist General Services Administration 1800 F Street Washington, DC 20405 Email: nia.hill@gsa.gov

Contracting Officer’s Representative (COR) To Be Determined (TBD)

D. 7 CONTRACTING OFFICER’S AUTHORITY

The Contracting Officer assigned to this contract has the responsibility of ensuring the performance of all necessary actions for effective contracting, ensuring compliance with the terms of the contract, and safeguarding the interests of the United States in its contractual relationships. In this regard, the Contracting Officer is the only individual who has the authority to enter into, administer, or terminate this agreement. In addition, the Contracting Officer is the only person authorized to approve changes to any of the requirements under this agreement, and notwithstanding any provision contained elsewhere in this agreement, the said authority remains solely with the Contracting Officer.

The contractor must immediately request clarification from the Contracting Officer when a question arises regarding the authority of any person to act for the Contracting Officer under the agreement or when the contractor receives direction that appears outside the scope of the agreement.

Costs incurred that were not authorized by the Contracting Officer and work outside the scope of the contract must be considered unallowable costs and will not be reimbursed by the government.

D.8 AUTHORITY OF CONTRACTING OFFICER’S REPRESENTATIVE (COR)

Only those Government Representatives (e.g. COR), as designated in writing by the Contracting Officer, may provide technical or other interpretations in the performance of this contract.

Technical interpretation will be provided only within the limits specified in this paragraph, as delineated in a letter of authority from the Contracting Officer, or contained in Section G or elsewhere of this agreement.

confirming the results of meetings, completing details in the form of work orders, pursuing certain lines of inquiry, or otherwise serving to accomplish the contract Statement of Work (SOW). Technical directions may be issued either verbally or in writing. Such technical direction must include or comply with the following:

1) Be consistent with the general scope of work and terms and conditions contained in the agreement.

2) Does not constitute assignment of new work or change the terms, conditions, or specifications of the agreement.

3) Does not constitute a basis, either directly or indirectly, that could result in a change in the pricing, quantity, quality, or period of performance as established in this agreement.

Technical direction that exceeds the authority listed above or the limits of specific letters of authority is invalid and will not be enforceable against the government. Any costs incurred by the contractor in violation of this clause will be considered unallowable costs and will not be reimbursed by the government.

SECTION E - SOLICITATION PROVISIONS

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (OCT

2015)

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a firm fixed price contract resulting from this solicitation.

52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

General Services Administration Dominic Lackey Internal Acquisition Division (QSABB) 1800 F. St. NW.

Washington D.C. 20405

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

52.204-24 REPRESENTATION REGARDING CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT (AUG 2020)

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

-26, Covered

Telecommunications Equipment or Services—Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items.

(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

(d) Representations. The Offeror represents that—

Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information this section; and

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

(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the

Offeror has responded “

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 Start Printed Page

42679telecommunications 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 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.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS -

COMMERCIAL ITEMS (JUNE 2020)

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— clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment.

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

CFR part 127. It automatically qualifies as a women-owned small business eligible under the

WOSB Program.

Forced or indentured child labor means all work or service—

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

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

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

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following:

ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

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

Manufactured end product means any end product in product and service codes (PSCs)

1000-9999, except—

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

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

(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.

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

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology…