RFQ-PR24-008 Purchase and Install Dental Equipment for Wanblee Health Center.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) Pine Ridge Hospital intends to award a Firm-Fixed Price, Non-Personal Service Type, Commercial Item, Purchase

Order in response to Request for Quote (RFQ) RFQ-PR24-008.

C. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2024-03 02/23/2024.

D. This RFQ is issued as a 100% Small Business, Buy Indian Set-Aside, and the associated NAICS Code is 339114, which has a small business standard of 750 number of employees.

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.

This Is A Brand Name Or Approved Equal Buy

Purchase and Install Dental Equipment – see statement of work.

1. Aeras 3 Compressor

1 each @ $___________________ = $_____________________

2. Dry Vac, Aeras 4

3. Amalgam Separator

4. Installation $__________________

5. Freight/Shipping Charges $___________________

Totaling: $_________________

F. To Purchase and Install a Dental Compressor, Dental Vacuum and Amalgam

Separator for the Wanblee Health Center, 210 1st Street, Wanblee, South Dakota

57577.

G. The period of performance will be 120 calendar days from Notice to Proceed.

H. FAR 52.212-1 Instructions to Offerors—Commercial Products and Commercial

Services (Sep 2023).

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

1. Solicitation number RFQ-PR24-008.

2. Closing Date: April 19, 2024 at 12:00 pm MST.

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.

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

1. Ability to meet the requirements and qualifications in the Statement of Work.

2. Ability to meet the performance schedule.

3. Reasonableness of Price.

4. Responsiveness to requirement

I. FAR 52.212-3 Offer Representations and Certifications-Commercial Products and

Commercial Services (Feb 2024). 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 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.

https://www.sam.gov/

J. FAR 52.212-4 Contract Terms and Conditions – Commercial Products and

Commercial Services (Nov 2023). See attachment; in by reference.

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

Executive Orders—Commercial Products and Commercial Services (Feb 2024). See attachment for full text.

L. Attached are the Federal Acquisition Regulations (FAR) & Health & Human Services

Acquisition Regulation (HHSAR) clauses that are applicable including below.

M. Offers will be accepted electronically, submit via e-mail to the following:

Kim Carpio, Purchasing Agent email kim.carpio@ihs.gov

The quoter is hereby notified that they must be registered in System for Award

Management (SAM) before the Government will issue an award. You may do so by going to www.sam.gov to register and you are required to update this registration every year prior to the expiration date.

DUNS to Unique Entity ID (SAM) Transition

The DUNS Number is no longer valid for federal award identification. The Unique

Entity ID (UEI) is generated in SAM.gov. If you are registered in SAM.gov (active or not), you already have a Unique Entity ID. It is viewable at www.sam.gov.

Questions in regards to this solicitation shall be submitted in writing by email no later than

April 12, 2024, 12:00pm MST.

ACCEPTANCE PERIOD: Your proposal must stipulate that it is predicated upon all the terms and conditions of this RFQ. In addition, it must contain a statement to the effect that it is firm for a period of at least 30 days from the date of receipt by the Government.

Quotation must set forth full, accurate and complete information as required by the Request for Quotation (RFQ) and be returned no later than the date stated above. All required information must be submitted in order to be considered responsive and eligible for award.

No contract award shall be made to any vendor listed on the OIG Exclusions List at http://exclusions.org.hhs.gov throughout the duration of the contract.

The Government reserves the right to accept or reject services, if the level of performance is unacceptable.

Invoice Processing Platform (IPP)

In compliance with the Office of Management and Budget (OMB) M-15-19 memorandum

“Improving Government Efficiency and Saving Taxpayer Dollars Through Electronic Invoicing” mailto:kim.carpio@ihs.gov http://www.sam.gov/ http://www.sam.gov/ http://exclusions.org.hhs.gov/ https://obamawhitehouse.archives.gov/sites/default/files/omb/memoranda/2015/m-15-19.pdf directing Federal agencies to adopt electronic invoicing as the primary means to disburse payment to vendors. Invoices submitted under any award resulting from this solicitation will be required to utilize the Invoice Processing Platform (IPP) in accordance with HHSAR

352.232-71, Electronic Submission and Processing of Payment Requests.

IPP is a secure, web-based electronic invoicing system provided by the U.S. Department of the Treasury’s Bureau of the Fiscal Service, in partnership with the Federal Reserve Bank of

St. Louis (FRSTL). Respondents to this solicitation are encouraged to register an account with IPP if they have not already done so. If your organization is already registered to use

IPP, you will not be required to re-register- however, we encourage you make sure your organization and designated IPP user accounts are valid and up to date.

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

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

Should the contractor feel that use of the IPP would be unduly burdensome, their response to this solicitation should include an explanation of this position for a determination by the contracting officer.

https://www.ipp.gov/ mailto:IPPCustomerSupport@fiscal.treasury.gov

STATEMENT OF WORK

DENTAL EQUIPMENT REPLACEMENT

GP24WB300C06

INDIAN HEALTH SERVICE

WANBLEE HEALTH CENTER

WANBLEE, SD

FEBRUARY 2024

Statement of Work Page 2 Dental Equipment Replacement February 2024

Table of Contents

1. Project Description

2. Statement of Work

3. Period of Performance

4. Submittals

5. Schedule/Meetings

6. Miscellaneous

7. Payments to the Contractor

8. IHS Personnel

9. Invoice Format

10. Closeout Documents

Appendix A – Existing Dental Equipment

Statement of Work Page 3

February 2024

STATEMENT OF WORK

Dental Equipment Replacement Wanblee Health Center

Wanblee, SD

1. Project Description

A. Title: Dental Equipment Replacement

B. Location: This project is at the Wanblee Health Center in Wanblee, SD.

C. Period of Performance: 120 calendar days from Notice to Proceed.

D. Description: The project defined within this Statement of Work is to purchase and install a dental compressor, dental vacuum, and amalgam separator for the Wanblee Health Center in Wanblee, SD. The existing dental equipment is at the end of its life and needs replacement. The amalgam separator needs to be installed to ensure EPA compliance. The contractor shall install products following all manufacturer’s specifications.

E. Background: The Health Center’s existing dental equipment is at the end of its life and needs to be replaced.

F. Related Documents

1. NFPA 101 Life Safety Code – 2012

2. NFPA 99 Healthcare Facilities Code – 2012

3. NFPA 70 National Electric Code (NEC) – 2011

4. IHS Architecture and Engineering Design Manual – 2022

5. FGI Guidelines for Design and Construction – 2022

6. U.S. Environmental Protection Agency (EPA)

G. Common Acronyms or Definitions

1. IHS – Indian Health Service

2. CMS – Centers for Medicare & Medicaid Services

3. TJC – The Joint Commission

4. CO – Contracting Officer

5. COR – Contracting Officer’s Representative

6. IGCE – Independent Government Cost Estimate

7. RFI – Request for Information

8. ICRA – Infection Control Risk Assessment

9. PCRA – Pre-Construction Risk Assessment

2. Statement of Work. This project's scope includes purchasing, installing, commissioning, and clean-up of the described below.

Statement of Work Page 4

February 2024

The contractor shall provide all material, labor, equipment, and supervision required to accomplish the following:

A. Warranty: The contractor shall provide a 1-year labor and material warranty at no additional cost to the government, which provides for the repair of all work and equipment supplied under this statement of work.

B. Dental Compressor: The Contractor shall demo and dispose of the existing dental compressor. The contractor shall furnish one (1) Ramvac DentalEZ Aeras 3 115/230V compressor. The contractor shall install the compressor in the exact location of the existing one. The contractor shall coordinate with the COR and Facility Manager if a different layout is needed. The contractor shall install products following all pre-installation guides and manufacturer specifications.

C. Dental Vacuum: The Contractor shall demo and dispose of the existing dental vacuum. The contractor shall furnish one (1) Ramvac DentalEZ Aeras 4 230V vacuum pump and tank. The contractor shall install the vacuum pump and tank in the exact location of the existing one. The contractor shall coordinate with the COR and Facility Manager if a different layout is needed. The contractor shall install products following all pre-installation guides and manufacturer specifications.

D. Dental Amalgam Separator: The contractor shall furnish one (1) Solmetex NXT Hg5 Amalgam Separator.

The contractor shall install products following all pre-installation guides and manufacturer specifications. The contractor shall coordinate with the COR and Facility Manager if a different layout is needed.

E. Clean Up: The site shall be cleaned daily. The construction areas involved shall be free of debris, rubbish, and leftover material scraps upon project completion. Trash receptacles used for the collection of this debris and their removal from the project site shall be provided by the contractor. The contractor is responsible for all disposal of demoed products. The COR will inspect the site before final payment to ensure the sites return to their original condition before construction.

F. Site Restoration: The construction site shall be free of materials, debris, and rubbish. The contractor will be responsible for removing this debris and must restore the site to its original condition as approved by the COR.

G. Addition Facility Requirements: The Contractor shall comply with the requirements during the pre-construction meeting. ICRA and PCRA documents will be given after the pre-construction meeting if required.

3. Period of Performance.

A. Time of the Essence: All time limits for milestones, if any, substantial completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract.

B. The Work will be completed within One Hundred Twenty (120) calendar days after the Notice to Proceed.

4. Submittals

A. Submittals shall be submitted for the following items and delivered electronically to the COR or designated PM for final approval before ordering new material or equipment.

1. Dental Compressor

2. Dental Vacuum

3. Dental Amalgam Separator

Statement of Work Page 5

February 2024

4. O&Ms

5. Project Schedule

5. Schedule/Meetings

A. The general contractor shall submit a detailed schedule to the COR for approval within (14) calendar days of the award.

B. Pre-Construction Meeting: One Pre-Construction meeting shall be conducted before the construction of the contract.

C. Progress Meetings: Progress meetings shall be conducted at regular intervals as merited by the progress of the work.

D. Substantial Completion: One substantial completion meeting shall be held following notification of the COR by the General Contractor that the project is Substantially Complete.

E. Final Completion: One completion meeting shall be held following the determination that the project is complete.

6. Miscellaneous

A. Occupancy of Government Facilities. The contractor shall be responsible for properly informing the COR of any condition that would jeopardize the building or its contents, such as loss of heat, air conditioning, danger of pipes freezing, loss of electrical power, water, sewer, or failure of building security. The contractor shall provide details on the status of the dental equipment installation and schedule.

B. Correspondence. All correspondence shall be addressed to the COR. Each letter, document, etc., shall contain the following information:

1. Date

2. Project Numbers, Contract Number, Delivery Order Number, and Service Unit Name/Location.

3. Name of those who were sent copies.

C. Superintendent. The prime contractor shall have an onsite superintendent for this project while any work is being performed unless prior approval is granted from the COR. Progress reports shall be submitted daily.

D. Tribal Requirements.

1. The Contractor and all subcontractors working on the Pine Ridge Indian Reservation must comply with the Indian preference and Indian preference program requirements administered by the Oglala Sioux Tribe Tribal Employment Rights Office (TERO).

2. contractors and sub-contractors must submit an acceptable “Compliance Agreement” to the

TERO office before commencing work. Copies of this form can be obtained from the TERO office.

3. Contractors are strongly encouraged to contact the TERO office at (605) 867-5167 for an explanation of tribal requirements. Other fees may apply.

E. Construction Materials and Storage

1. All materials shall be stored and handled according to the manufacturers’ recommendations.

Statement of Work Page 6

February 2024

2. All materials shall be submitted to the COR for approval before ordering.

3. The contractor(s) shall be present and on-site to receive all construction materials, equipment, or products. IHS staff will not be present, responsible, accept, or provide offloading equipment for construction materials, products, or equipment. The contractor(s) is liable for properly receiving construction equipment, products, and on-site materials.

4. The contractor(s) shall provide their means of storing any construction materials, products, or equipment required for installation. IHS staff will not be responsible or provide any means of storing construction material, products, or equipment before or during construction. All material, products, or equipment remain the contractor(s) property until all parties deem the project substantially completed.

F. Hours Of Operation

1. The project shall start after the award and receipt of the Notice to Proceed

2. The work hours shall be 8:00 am – 5:00 pm, Monday – Friday. Weekends and after-hours work may be available upon request.

7. Payments to the Contractor

1. The Government will pay the Contractor a fixed price, as indicated below, which will constitute total compensation for all Contractor professional and incidental services, travel expenses, and materials necessary to furnish the complete project as required and specified in this SOW.

2. Progress payments will be paid following acceptance by the Government of that particular schedule item and a correctly submitted and approved invoice.

8. IHS Personnel

Contracting Officer’s Representative (COR)

Stottin Newbrough will be designated as this Task Order's Contracting Officer’s Representative (COR). His address and telephone are:

Stottin Newbrough Great Plains Area Indian Health Service Division of Facilities Management & Engineering 3200 Canyon Lake Dr.

Rapid City, SD 57702 Office: 605 945-5452 Stottin.Newbrough@ihs.gov

The Contracting Officer will document any change in COR designation in writing.

Facility Manager (FM)

Richard Lamont is the Facility Manager for the Wanblee Health Center. His contact information is as follows:

Richard Lamont Facility Manager Wanblee Health Center Office: 605 462-5609 RichardR.Lamont@ihs.gov mailto:Stottin.Newbrough@ihs.gov mailto:RichardR.Lamont@ihs.gov

Statement of Work Page 7

February 2024

9. Invoice Format

Invoice Processing Platform (IPP)

The Indian Health Service (IHS) is in the process of implementing an electronic invoicing system

In compliance with the Office of Management and Budget (OMB) M-15-19 memorandum, Improving

Government Efficiency and Saving Taxpayer Dollars Through Electronic Invoicing, directing Federal agencies to adopt electronic invoicing as the primary means to disburse payment to vendors. Invoices submitted under any award resulting from this solicitation will be required to utilize the Invoice

Processing Platform (IPP) in accordance with HHSAR 352.232-71, Electronic Submission and Processing of Payment Requests.

IPP is a secure, web-based electronic invoicing system provided by the U.S. Department of the Treasury’s

Bureau of the Fiscal Service, in partnership with the Federal Reserve Bank of St. Louis (FRSTL).

Respondents to this solicitation are encouraged to register an account with IPP if they have not already done so. If your organization is already registered to use IPP, you will not be required to re-register-however, we encourage you make sure your organization and designated IPP user accounts are valid and up to date.

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

If you require assistance registering or IPP account access, please contact the IPP Helpdesk at (866) 973-

3131 (M-F 8AM to 6PM ET), or IPPCustomerSupport@fiscal.treasury.gov

Should the contractor feel that use of the IPP would be unduly burdensome, their response to this solicitation should include an explanation of this position for a determination by the contracting officer.

10. Closeout Documents

The Contractor shall submit one hard copy set of all final, installed submittal items, accessories, and all installation/operation/maintenance documents to the facility manager. The final installed submittal package and O&M shall also be sent electronically to the COR.

https://obamawhitehouse.archives.gov/sites/default/files/omb/memoranda/2015/m-15-19.pdf https://www.ipp.gov/ mailto:IPPCustomerSupport@fiscal.treasury.gov

Statement of Work Page 8

February 2024

Appendix A – Existing Dental Equipment

CLAUSES INCORPORATED BY REFERENCE

(FIRM FIXED-PRICE, NON-PERSONAL SERVICE, COMMERCIAL ITEM)

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE. 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): WWW.ACQUISITION.GOV/BROWSE/INDEX/FAR (END OF PROVISION)

FEDERAL ACQUISITION REGULATIONS (FAR) (48 CFR CHAPTER 1) CLAUSES

NO. FAR CITATION CLAUSE TITLE CLAUSE DATE

1. 52.204-7 SYSTEM FOR AWARD MANAGEMENT OCTOBER 2018

2. 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCTOBER 2018

3. 52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING AUGUST 2020

4. 52.204-17 OWNERSHIP OR CONTROL OF OFFEROR AUGUST 2020

5. 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE AUGUST 2020

6. 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND DECEMBER 2014

CERTIFICATIONS

7. 52.211-6 BRAND NAME OR EQUAL AUGUST 1999

8. 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SEPTEMBER 2023

SERVICES

9. 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND NOVEMBER 2023

COMMERCIAL SERVICES

10. 52.224-1 PRIVACY ACT NOTIFICATION APRIL 1984

11. 52.224-2 PRIVACY ACT APRIL 1984

12. 52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN JUNE 2020

ACTIVITIES OR TRANSACTIONS RELATING TO IRAN—REPRESENTATION

AND CERTIFICATIONS.

13. 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS JUNE 2013

14. 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS MARCH 2023

SUBCONTRACTORS

15. 52.237-1 SITE VISIT APRIL 1984

16. 52.237-2 PROTECTING OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION APRIL 1984

17. 52.242-15 STOP-WORK ORDER AUGUST 1989

18. 52.253-1 COMPUTER GENERATED FORMS JANUARY 1991

CLAUSES INCORPORATED IN FULL TEXT

NO. FAR CITATION CLAUSE TITLE CLAUSE DATE

1. 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO NOVEMBER 2021

SURVEILLANCE SERVICES OR EQUIPMENT

2. 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL PRODUCTS FEBRUARY 2024

AND COMMERCIAL SERVICES (SEE ATTACHED)

3. 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUES FEBRUARY 2024

OR EXECUTIVE ORDERS–COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (SEE ATTACHED)

4. 52.217-8 OPTION TO EXTEND SERVICES NOVEMBER 1999

5. 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS FEBRUARY 2024

6. 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE FEBRUARY 1998

http://www.acquisition.gov/BROWSE/INDEX/FAR

7. 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 (NOV 2021)

THE OFFEROR SHALL NOT COMPLETE THE REPRESENTATION AT PARAGRAPH (D)(1) OF THIS PROVISION IF THE OFFEROR HAS

REPRESENTED THAT IT "DOES NOT PROVIDE COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES AS A PART OF ITS OFFERED

PRODUCTS OR SERVICES TO THE GOVERNMENT IN THE PERFORMANCE OF ANY CONTRACT, SUBCONTRACT, OR OTHER CONTRACTUAL

INSTRUMENT" IN PARAGRAPH (C)(1) IN THE PROVISION AT 52.204-26, COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES—

REPRESENTATION, OR IN PARAGRAPH (V)(2)(I) OF THE PROVISION AT 52.212-3, OFFEROR REPRESENTATIONS AND CERTIFICATIONS-

COMMERCIAL PRODUCTS OR COMMERCIAL SERVICES. THE OFFEROR SHALL NOT COMPLETE THE REPRESENTATION IN PARAGRAPH (D)(2)

OF THIS PROVISION IF THE OFFEROR HAS REPRESENTED THAT IT "DOES NOT USE COVERED TELECOMMUNICATIONS EQUIPMENT OR

SERVICES, OR ANY EQUIPMENT, SYSTEM, OR SERVICE THAT USES COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES" IN

PARAGRAPH (C)(2) OF THE PROVISION AT 52.204-26, OR IN PARAGRAPH (V)(2)(II) OF THE PROVISION AT 52.212-3.

(A) DEFINITIONS. AS USED IN THIS PROVISION—

BACKHAUL, COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES, CRITICAL TECHNOLOGY, INTERCONNECTION

ARRANGEMENTS, REASONABLE INQUIRY, ROAMING, AND SUBSTANTIAL OR ESSENTIAL COMPONENT HAVE THE MEANINGS PROVIDED IN

THE CLAUSE 52.204-25, PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT.

(B) PROHIBITION. (1) SECTION 889(A)(1)(A) OF THE JOHN S. MCCAIN NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL

YEAR 2019 (PUB. L. 115-232) PROHIBITS THE HEAD OF AN EXECUTIVE AGENCY ON OR AFTER AUGUST 13, 2019, FROM PROCURING

OR OBTAINING, OR EXTENDING OR RENEWING A CONTRACT TO PROCURE OR OBTAIN, ANY EQUIPMENT, SYSTEM, OR SERVICE THAT USES

COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES AS A SUBSTANTIAL OR ESSENTIAL COMPONENT OF ANY SYSTEM, OR AS

CRITICAL TECHNOLOGY AS PART OF ANY SYSTEM. NOTHING IN THE PROHIBITION SHALL BE CONSTRUED TO—

(I) PROHIBIT THE HEAD OF AN EXECUTIVE AGENCY FROM PROCURING WITH AN ENTITY TO PROVIDE A SERVICE THAT

CONNECTS TO THE FACILITIES OF A THIRD-PARTY, SUCH AS BACKHAUL, ROAMING, OR INTERCONNECTION ARRANGEMENTS; OR

(II) COVER TELECOMMUNICATIONS EQUIPMENT THAT CANNOT ROUTE OR REDIRECT USER DATA TRAFFIC OR CANNOT PERMIT

VISIBILITY INTO ANY USER DATA OR PACKETS THAT SUCH EQUIPMENT TRANSMITS OR OTHERWISE HANDLES.

(2) SECTION 889(A)(1)(B) OF THE JOHN S. MCCAIN NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2019

(PUB. L. 115-232) PROHIBITS THE HEAD OF AN EXECUTIVE AGENCY ON OR AFTER AUGUST 13, 2020, FROM ENTERING INTO A

CONTRACT OR EXTENDING OR RENEWING A CONTRACT WITH AN ENTITY THAT USES ANY EQUIPMENT, SYSTEM, OR SERVICE THAT USES

COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES AS A SUBSTANTIAL OR ESSENTIAL COMPONENT OF ANY SYSTEM, OR AS

CRITICAL TECHNOLOGY AS PART OF ANY SYSTEM. THIS PROHIBITION APPLIES TO THE USE OF COVERED TELECOMMUNICATIONS EQUIPMENT

OR SERVICES, REGARDLESS OF WHETHER THAT USE IS IN PERFORMANCE OF WORK UNDER A FEDERAL CONTRACT. NOTHING IN THE

PROHIBITION SHALL BE CONSTRUED TO—

(I) PROHIBIT THE HEAD OF AN EXECUTIVE AGENCY FROM PROCURING WITH AN ENTITY TO PROVIDE A SERVICE THAT

CONNECTS TO THE FACILITIES OF A THIRD-PARTY, SUCH AS BACKHAUL, ROAMING, OR INTERCONNECTION ARRANGEMENTS; OR

(II) COVER TELECOMMUNICATIONS EQUIPMENT THAT CANNOT ROUTE OR REDIRECT USER DATA TRAFFIC OR CANNOT PERMIT

VISIBILITY INTO ANY USER DATA OR PACKETS THAT SUCH EQUIPMENT TRANSMITS OR OTHERWISE HANDLES.

https://www.acquisition.gov/far/part-4#FAR_4_2105 https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_204_25

(C) PROCEDURES. THE OFFEROR SHALL REVIEW THE LIST OF EXCLUDED PARTIES IN THE SYSTEM FOR AWARD MANAGEMENT

(SAM) (HTTPS://WWW.SAM.GOV) FOR ENTITIES EXCLUDED FROM RECEIVING FEDERAL AWARDS FOR "COVERED TELECOMMUNICATIONS

EQUIPMENT OR SERVICES".

(D) REPRESENTATION. THE OFFEROR REPRESENTS THAT—

(1) IT □ WILL, □ WILL NOT PROVIDE COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES TO THE GOVERNMENT IN THE

PERFORMANCE OF ANY CONTRACT, SUBCONTRACT OR OTHER CONTRACTUAL INSTRUMENT RESULTING FROM THIS SOLICITATION. THE

OFFEROR SHALL PROVIDE THE ADDITIONAL DISCLOSURE INFORMATION REQUIRED AT PARAGRAPH (E)(1) OF THIS SECTION IF THE OFFEROR

RESPONDS "WILL" IN PARAGRAPH (D)(1) OF THIS SECTION; AND

(2) AFTER CONDUCTING A REASONABLE INQUIRY, FOR PURPOSES OF THIS REPRESENTATION, THE OFFEROR REPRESENTS

THAT—

IT □ DOES, □ DOES NOT USE COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES, OR USE ANY EQUIPMENT, SYSTEM, OR

SERVICE THAT USES COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES. THE OFFEROR SHALL PROVIDE THE ADDITIONAL

DISCLOSURE INFORMATION REQUIRED AT PARAGRAPH (E)(2) OF THIS SECTION IF THE OFFEROR RESPONDS "DOES" IN PARAGRAPH (D)(2)

OF THIS SECTION.

(E) DISCLOSURES. (1) DISCLOSURE FOR THE REPRESENTATION IN PARAGRAPH (D)(1) OF THIS PROVISION. IF THE OFFEROR HAS

RESPONDED "WILL" IN THE REPRESENTATION IN PARAGRAPH (D)(1) OF THIS PROVISION, THE OFFEROR SHALL PROVIDE THE FOLLOWING

INFORMATION AS PART OF THE OFFER:

(I) FOR COVERED EQUIPMENT—

(A) THE ENTITY THAT PRODUCED THE COVERED TELECOMMUNICATIONS EQUIPMENT (INCLUDE ENTITY NAME, UNIQUE

ENTITY IDENTIFIER, CAGE CODE, AND WHETHER THE ENTITY WAS THE ORIGINAL EQUIPMENT MANUFACTURER (OEM) OR A DISTRIBUTOR, IF KNOWN);

(B) A DESCRIPTION OF ALL COVERED TELECOMMUNICATIONS EQUIPMENT OFFERED (INCLUDE BRAND; MODEL NUMBER, SUCH AS OEM NUMBER, MANUFACTURER PART NUMBER, OR WHOLESALER NUMBER; AND ITEM DESCRIPTION, AS APPLICABLE); AND

(C) EXPLANATION OF THE PROPOSED USE OF COVERED TELECOMMUNICATIONS EQUIPMENT AND ANY FACTORS

RELEVANT TO DETERMINING IF SUCH USE WOULD BE PERMISSIBLE UNDER THE PROHIBITION IN PARAGRAPH (B)(1) OF THIS PROVISION.

(II) FOR COVERED SERVICES—

(A) IF THE SERVICE IS RELATED TO ITEM MAINTENANCE: A DESCRIPTION OF ALL COVERED TELECOMMUNICATIONS

SERVICES OFFERED (INCLUDE ON THE ITEM BEING MAINTAINED: BRAND; MODEL NUMBER, SUCH AS OEM NUMBER, MANUFACTURER PART

NUMBER, OR WHOLESALER NUMBER; AND ITEM DESCRIPTION, AS APPLICABLE); OR

(B) IF NOT ASSOCIATED WITH MAINTENANCE, THE PRODUCT SERVICE CODE (PSC) OF THE SERVICE BEING PROVIDED;

AND EXPLANATION OF THE PROPOSED USE OF COVERED TELECOMMUNICATIONS SERVICES AND ANY FACTORS RELEVANT TO DETERMINING

IF SUCH USE WOULD BE PERMISSIBLE UNDER THE PROHIBITION IN PARAGRAPH (B)(1) OF THIS PROVISION.

(2) DISCLOSURE FOR THE REPRESENTATION IN PARAGRAPH (D)(2) OF THIS PROVISION. IF THE OFFEROR HAS RESPONDED

"DOES" IN THE REPRESENTATION IN PARAGRAPH (D)(2) OF THIS PROVISION, THE OFFEROR SHALL PROVIDE THE FOLLOWING INFORMATION

AS PART OF THE OFFER:

(I) FOR COVERED EQUIPMENT—

(A) THE ENTITY THAT PRODUCED THE COVERED TELECOMMUNICATIONS EQUIPMENT (INCLUDE ENTITY NAME, UNIQUE

ENTITY IDENTIFIER, CAGE CODE, AND WHETHER THE ENTITY WAS THE OEM OR A DISTRIBUTOR, IF KNOWN);

https://www.sam.gov/

(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.

(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 60 DAYS.

(END OF CLAUSE)

52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS.

AS PRESCRIBED IN 19.309(A)(1), INSERT THE FOLLOWING PROVISION:

SMALL BUSINESS PROGRAM REPRESENTATIONS (FEB 2024)

(A) DEFINITIONS. AS USED IN THIS PROVISION-

ECONOMICALLY DISADVANTAGED WOMEN-OWNED SMALL BUSINESS (EDWOSB) CONCERN MEANS A SMALL BUSINESS

CONCERN THAT IS AT LEAST 51 PERCENT DIRECTLY AND UNCONDITIONALLY OWNED BY, AND THE MANAGEMENT AND DAILY BUSINESS

OPERATIONS OF WHICH ARE CONTROLLED BY, ONE OR MORE WOMEN WHO ARE CITIZENS OF THE UNITED STATES AND WHO ARE

ECONOMICALLY DISADVANTAGED IN ACCORDANCE WITH 13 CFR PART 127, AND THE CONCERN IS CERTIFIED BY SBA OR AN APPROVED

THIRD-PARTY CERTIFIER IN ACCORDANCE WITH 13 CFR 127.300. IT AUTOMATICALLY QUALIFIES AS A WOMEN-OWNED SMALL BUSINESS

CONCERN ELIGIBLE UNDER THE WOSB PROGRAM.

SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS (SDVOSB) CONCERN MEANS A SMALL BUSINESS CONCERN-

(1) (I) NOT LESS THAN 51 PERCENT OF WHICH IS OWNED AND CONTROLLED BY ONE OR MORE SERVICE-DISABLED VETERANS OR, IN THE CASE OF ANY PUBLICLY OWNED BUSINESS, NOT LESS THAN 51 PERCENT OF THE STOCK OF WHICH IS OWNED BY ONE OR MORE

SERVICE-DISABLED VETERANS; AND

https://www.acquisition.gov/far/part-17#FAR_17_208 https://www.acquisition.gov/far/part-19#FAR_19_309 https://www.ecfr.gov/current/title-13/part-127 https://www.ecfr.gov/current/title-13/section-127.300

(II) THE MANAGEMENT AND DAILY BUSINESS OPERATIONS OF WHICH ARE CONTROLLED BY ONE OR MORE SERVICE-DISABLED

VETERANS OR, IN THE CASE OF A SERVICE-DISABLED VETERAN WITH PERMANENT AND SEVERE DISABILITY, THE SPOUSE OR PERMANENT

CAREGIVER OF SUCH VETERAN OR;

(2) A SMALL BUSINESS CONCERN ELIGIBLE UNDER THE SDVOSB PROGRAM IN ACCORDANCE WITH 13 CFR PART 128 (SEE

SUBPART 19.14).

(3) SERVICE-DISABLED VETERAN, AS USED IN THIS DEFINITION, MEANS A VETERAN AS DEFINED IN 38 U.S.C.101(2), WITH A

DISABILITY THAT IS SERVICE-CONNECTED, AS DEFINED IN 38 U.S.C.101(16), WITH A DISABILITY THAT IS SERVICE-CONNECTED, AS

DEFINED IN 38 U.S.C. 101(16), AND WHO IS REGISTERED IN THE BENEFICIARY IDENTIFICATION AND RECORDS LOCATOR SUBSYSTEM, OR SUCCESSOR SYSTEM THAT IS MAINTAINED BY THE DEPARTMENT OF VETERANS AFFAIRS’ VETERANS BENEFITS ADMINISTRATION, AS A

SERVICE-DISABLED VETERAN.

SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS (SDVOSB) CONCERN ELIGIBLE UNDER THE SDVOSB PROGRAM MEANS AN

SDVOSB CONCERN THAT—

(1) EFFECTIVE JANUARY 1, 2024, IS DESIGNATED IN THE SYSTEM FOR AWARD MANAGEMENT (SAM) AS CERTIFIED BY THE

SMALL BUSINESS ADMINISTRATION (SBA) IN ACCORDANCE WITH 13 CFR 128.300; OR

(2) HAS REPRESENTED THAT IT IS AN SDVOSB CONCERN IN SAM AND SUBMITTED A COMPLETE APPLICATION FOR

CERTIFICATION TO SBA ON OR BEFORE DECEMBER 31, 2023.

SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS (SDVOSB) PROGRAM MEANS A PROGRAM THAT AUTHORIZES CONTRACTING

OFFICERS TO LIMIT COMPETITION, INCLUDING AWARD ON A SOLE-SOURCE BASIS, TO SDVOSB CONCERNS ELIGIBLE UNDER THE SDVOSB

PROGRAM.

SMALL BUSINESS CONCERN—

(1) MEANS A CONCERN, INCLUDING ITS AFFILIATES, THAT IS INDEPENDENTLY OWNED AND OPERATED, NOT DOMINANT IN ITS

FIELD OF OPERATION, AND QUALIFIED AS A SMALL BUSINESS UNDER THE CRITERIA IN 13 CFR PART 121 AND THE SIZE STANDARD IN

PARAGRAPH (B) OF THIS PROVISION.

(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 WITH 13 CFR 124.1001, 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-

(I) ONE OR MORE SOCIALLY DISADVANTAGED (AS DEFINED AT 13 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 THE THRESHOLD AT 13 CFR

124.104(C)(2) AFTER TAKING INTO ACCOUNT THE APPLICABLE EXCLUSIONS SET FORTH AT 13 CFR 124.104(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.

VETERAN-OWNED SMALL BUSINESS CONCERN MEANS A SMALL BUSINESS CONCERN-

https://www.acquisition.gov/far/part-19#FAR_Subpart_19_14 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.ecfr.gov/current/title-13/part-121

(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 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

LEAST 51 PERCENT OF THE STOCK OF WHICH IS OWNED BY ONE OR MORE WOMEN; AND

(2) WHOSE MANAGEMENT AND DAILY BUSINESS OPERATIONS ARE CONTROLLED BY ONE OR MORE WOMEN.

WOMEN-OWNED SMALL BUSINESS (WOSB) CONCERN ELIGIBLE UNDER THE WOSB PROGRAM (IN ACCORDANCE WITH 13 CFR PART

127) MEANS A SMALL BUSINESS CONCERN THAT IS AT LEAST 51 PERCENT DIRECTLY AND UNCONDITIONALLY OWNED BY, AND THE

MANAGEMENT AND DAILY BUSINESS OPERATIONS OF WHICH ARE CONTROLLED BY, ONE OR MORE WOMEN WHO ARE CITIZENS OF

THE UNITED STATES, AND THE CONCERN IS CERTIFIED BY SBA OR AN APPROVED THIRD-PARTY CERTIFIER IN ACCORDANCE WITH 13 CFR

127.300.

(B) (1) THE NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS) CODE FOR THIS ACQUISITION IS ________ [INSERT

NAICS CODE].

(2) THE SMALL BUSINESS SIZE STANDARD IS _______ [INSERT SIZE STANDARD].

(3) THE SMALL BUSINESS SIZE STANDARD FOR A CONCERN THAT SUBMITS AN OFFER, OTHER THAN ON A CONSTRUCTION OR

SERVICE ACQUISITION, BUT PROPOSES TO FURNISH AN END ITEM THAT IT DID NOT ITSELF MANUFACTURE, PROCESS, OR PRODUCE (I.E., NONMANUFACTURER), IS 500 EMPLOYEES, OR 150 EMPLOYEES FOR INFORMATION TECHNOLOGY VALUE-ADDED RESELLERS UNDER

NAICS CODE 541519, IF THE ACQUISITION—

(I) IS SET ASIDE FOR SMALL BUSINESS AND HAS A VALUE ABOVE THE SIMPLIFIED ACQUISITION THRESHOLD;

(II) USES THE HUBZONE PRICE EVALUATION PREFERENCE REGARDLESS OF DOLLAR VALUE, UNLESS THE OFFEROR WAIVES

THE PRICE EVALUATION PREFERENCE; OR

(III) IS AN 8(A), HUBZONE, SERVICE-DISABLED VETERAN-OWNED, ECONOMICALLY DISADVANTAGED WOMEN-OWNED, OR

WOMEN-OWNED SMALL BUSINESS SET-ASIDE OR SOLE-SOURCE AWARD REGARDLESS OF DOLLAR VALUE.

(C) REPRESENTATIONS. (1) THE OFFEROR REPRESENTS AS PART OF ITS OFFER THAT—

(I) IT □ IS, □ IS NOT A SMALL BUSINESS CONCERN; OR

(II) IT □ IS, □ IS NOT A SMALL BUSINESS JOINT VENTURE THAT COMPLIES WITH THE REQUIREMENTS OF 13 CFR

121.103(H) AND 13 CFR 125.8(A) AND (B). [ THE OFFEROR SHALL ENTER THE NAME AND UNIQUE ENTITY IDENTIFIER OF EACH PARTY

TO THE JOINT VENTURE: __.]

(2) [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 CFR

124.1001.

(3) [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 WOMEN-OWNED SMALL BUSINESS CONCERN.

http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101&num=0&edition=prelim https://www.ecfr.gov/current/title-13/part-127 https://www.ecfr.gov/current/title-13/part-127 https://www.ecfr.gov/current/title-13/section-127.300 https://www.ecfr.gov/current/title-13/section-127.300 https://www.ecfr.gov/current/title-13/section-121.103#p-121.103(h) https://www.ecfr.gov/current/title-13/section-121.103#p-121.103(h) https://www.ecfr.gov/current/title-13/section-125.8#p-125.8(a) https://www.ecfr.gov/current/title-13/section-125.8#p-125.8(b)

(4) WOMEN-OWNED SMALL BUSINESS (WOSB) JOINT VENTURE ELIGIBLE UNDER THE WOSB

PROGRAM. THE OFFEROR REPRESENTS AS PART OF ITS OFFER THAT IT □ IS, □ IS NOT A JOINT VENTURE THAT COMPLIES WITH THE

REQUIREMENTS OF 13 CFR 127.506(A) THROUGH (C). [ THE OFFEROR SHALL ENTER THE NAME AND UNIQUE ENTITY IDENTIFIER OF

EACH PARTY TO THE JOINT VENTURE: __.]

(5) ECONOMICALLY DISADVANTAGED WOMEN-OWNED SMALL BUSINESS (EDWOSB) JOINT

VENTURE. THE OFFEROR REPRESENTS AS PART OF ITS OFFER THAT IT □ IS, □ IS NOT A JOINT VENTURE THAT COMPLIES WITH THE

REQUIREMENTS OF 13 CFR 127.506(A) THROUGH (C). [ THE OFFEROR SHALL ENTER THE NAME AND UNIQUE ENTITY IDENTIFIER OF

EACH PARTY TO THE JOINT VENTURE: __.]

(6) 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.

(7) SDVOSB CONCERN. [COMPLETE ONLY IF THE OFFEROR REPRESENTED ITSELF AS A VETERAN-OWNED SMALL BUSINESS

CONCERN IN PARAGRAPH (C)(6) OF THIS PROVISION.] THE OFFEROR REPRESENTS AS PART OF ITS OFFER THAT IT □ IS, □ IS NOT AN

SDVOSB CONCERN.

(8) SDVOSB JOINT VENTURE ELIGIBLE UNDER THE SDVOSB PROGRAM. [COMPLETE ONLY IF THE OFFEROR REPRESENTED

ITSELF AS A SDVOSB CONCERN IN PARAGRAPH (C)(7) OF THIS PROVISION]. THE OFFEROR REPRESENTS AS PART OF ITS OFFER THAT

IT □ IS, □ IS NOT A SDVOSB JOINT VENTURE ELIGIBLE UNDER THE SDVOSB PROGRAM THAT COMPLIES WITH THE REQUIREMENTS OF

13 CFR 128.402. [ THE OFFEROR SHALL ENTER THE NAME AND UNIQUE ENTITY IDENTIFIER OF EACH PARTY TO THE JOINT VENTURE:

(9) HUBZONE SMALL BUSINESS CONCERN. [COMPLETE ONLY IF THE OFFEROR REPRESENTED ITSELF AS A SMALL BUSINESS

CONCERN IN PARAGRAPH (C)(1) OF THIS PROVISION.] THE OFFEROR REPRESENTS, AS PART OF ITS OFFER, THAT—

(I) IT □ IS, □ IS NOT A HUBZONE SMALL BUSINESS CONCERN LISTED, ON THE DATE OF THIS REPRESENTATION, AS HAVING

BEEN CERTIFIED BY SBA AS A HUBZONE SMALL BUSINESS CONCERN IN THE DYNAMIC SMALL BUSINESS SEARCH AND SAM, AND WILL

ATTEMPT TO MAINTAIN AN EMPLOYMENT RATE OF HUBZONE RESIDENTS OF 35 PERCENT OF ITS EMPLOYEES DURING PERFORMANCE OF

A HUBZONE CONTRACT (SEE 13 CFR 126.200(E)(1)); AND

(II) IT □ IS, □ IS NOT A HUBZONE JOINT VENTURE THAT COMPLIES WITH THE REQUIREMENTS OF 13 CFR

126.616(A) THROUGH (C). [ THE OFFEROR SHALL ENTER THE NAME AND UNIQUE ENTITY IDENTIFIER OF EACH PARTY TO THE JOINT

VENTURE: __.] EACH HUBZONE SMALL BUSINESS CONCERN PARTICIPATING IN THE HUBZONE JOINT VENTURE SHALL PROVIDE

REPRESENTATION OF ITS HUBZONE STATUS.

(D) NOTICE. UNDER 15 U.S.C.645(D), ANY PERSON WHO MISREPRESENTS A FIRM’S STATUS AS A BUSINESS CONCERN THAT IS

SMALL, HUBZONE SMALL, SMALL DISADVANTAGED, SERVICE-DISABLED VETERAN-OWNED SMALL, ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL, OR WOMEN-OWNED SMALL ELIGIBLE UNDER THE WOSB PROGRAM IN ORDER TO OBTAIN A CONTRACT TO BE

AWARDED UNDER THE PREFERENCE PROGRAMS ESTABLISHED PURSUANT TO SECTION 8, 9, 15, 31, AND 36 OF THE SMALL BUSINESS

ACT OR ANY OTHER PROVISION OF FEDERAL LAW THAT SPECIFICALLY REFERENCES SECTION 8(D) FOR A DEFINITION OF PROGRAM

ELIGIBILITY, SHALL-

(1) BE PUNISHED BY IMPOSITION OF FINE, IMPRISONMENT, OR BOTH;

(2) BE SUBJECT TO ADMINISTRATIVE REMEDIES, INCLUDING SUSPENSION AND DEBARMENT; AND

(3) BE INELIGIBLE FOR PARTICIPATION IN PROGRAMS CONDUCTED UNDER THE AUTHORITY OF THE ACT.

(END OF PROVISION)

ALTERNATE I (FEB 2024). AS PRESCRIBED IN 19.309 (A)(2) ADD THE FOLLOWING PARAGRAPH (C)(10) TO THE BASIC PROVISION:

https://www.ecfr.gov/current/title-13/section-127.506#p-127.506(a) https://www.ecfr.gov/current/title-13/section-127.506#p-127.506(c) https://www.ecfr.gov/current/title-13/section-126.200 https://www.ecfr.gov/current/title-13/section-126.616#p-126.616(a) https://www.ecfr.gov/current/title-13/section-126.616#p-126.616(a) https://www.ecfr.gov/current/title-13/section-126.616#p-126.616(c) http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-19#FAR_19_309

(10) [COMPLETE IF OFFEROR REPRESENTED ITSELF AS DISADVANTAGED IN PARAGRAPH (C)(2) OF THIS PROVISION.]

THE OFFEROR SHALL CHECK THE CATEGORY IN WHICH ITS OWNERSHIP FALLS:

□ BLACK AMERICAN.

□ HISPANIC AMERICAN.

□ NATIVE AMERICAN (AMERICAN INDIANS, ESKIMOS, ALEUTS, OR NATIVE HAWAIIANS).

□ ASIAN-PACIFIC AMERICAN (PERSONS WITH ORIGINS FROM BURMA, THAILAND, MALAYSIA, INDONESIA, SINGAPORE, BRUNEI, JAPAN, CHINA, TAIWAN, LAOS, CAMBODIA (KAMPUCHEA), VIETNAM, KOREA, THE PHILIPPINES, REPUBLIC OF PALAU, REPUBLIC OF THE

MARSHALL ISLANDS, FEDERATED STATES OF MICRONESIA, THE COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS, GUAM, SAMOA, MACAO, HONG KONG, FIJI, TONGA, KIRIBATI, TUVALU, OR NAURU).

□ SUBCONTINENT ASIAN (ASIAN-INDIAN) AMERICAN (PERSONS WITH ORIGINS FROM INDIA, PAKISTAN, BANGLADESH, SRI LANKA, BHUTAN, THE MALDIVES ISLANDS, OR NEPAL).

□ INDIVIDUAL/CONCERN, OTHER THAN ONE OF THE PRECEDING.

ALTERNATE II (MAR 2023). AS PRESCRIBED IN 19.309 (A)(3), SUBSTITUTE THE FOLLOWING PARAGRAPHS (B) AND (C)(1) FOR

PARAGRAPHS (B) AND (C)(1) OF THE BASIC PROVISION:

(B)(1) THE NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS) CODES AND CORRESPONDING SIZE STANDARDS FOR

THIS ACQUISITION ARE AS FOLLOWS; THE CATEGORIES OR PORTIONS THESE NAICS CODES ARE ASSIGNED TO ARE SPECIFIED ELSEWHERE

IN THE SOLICITATION:

NAICS CODE SIZE STANDARD

[CONTRACTING OFFICER TO INSERT NAICS CODES AND SIZE STANDARDS].

(2) THE SMALL BUSINESS SIZE STANDARD FOR A CONCERN THAT SUBMITS AN OFFER, OTHER THAN ON A CONSTRUCTION OR

SERVICE ACQUISITION, BUT PROPOSES TO FURNISH AN END ITEM THAT IT DID NOT ITSELF MANUFACTURE, PROCESS, OR PRODUCE (I.E., NONMANUFACTURER), IS 500 EMPLOYEES, OR 150 EMPLOYEES FOR INFORMATION TECHNOLOGY VALUE-ADDED RESELLERS UNDER

NAICS CODE 541519, IF THE ACQUISITION—

(I) IS SET ASIDE FOR SMALL BUSINESS AND HAS A VALUE ABOVE THE SIMPLIFIED ACQUISITION THRESHOLD;

(II) USES THE HUBZONE PRICE EVALUATION PREFERENCE REGARDLESS OF DOLLAR VALUE, UNLESS THE OFFEROR WAIVES

THE PRICE EVALUATION PREFERENCE; OR

(III) IS AN 8(A), HUBZONE, SERVICE-DISABLED VETERAN-OWNED, ECONOMICALLY DISADVANTAGED WOMEN-OWNED, OR

WOMEN-OWNED SMALL BUSINESS SET-ASIDE OR SOLE-SOURCE AWARD REGARDLESS OF DOLLAR VALUE.

(C) REPRESENTATIONS. (1) THE OFFEROR SHALL REPRESENT ITS SMALL BUSINESS SIZE STATUS FOR EACH ONE OF THE NAICS

CODES ASSIGNED TO THIS ACQUISITION UNDER WHICH IT IS SUBMITTING AN OFFER.

NAICS CODE SIZE STANDARD

https://www.acquisition.gov/far/part-19#FAR_19_309

[CONTRACTING OFFICER TO INSERT NAICS CODES.]

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)

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)

DEPARTMENT OF HHS 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

3. HHSAR 352.232-71 ELECTRONIC SUBMISSION OF INVOICE PAYMENT REQUESTS FEBRUARY 2022

4. HHSAR 352.237-70 PRO-CHILDREN ACT DECEMBER 2015

5. HHSAR 352-237-71 CRIME CONTROL ACT-REPORTING OF CHILD ABUSE 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 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 https://www.acquisition.gov/ http://www.hhs.gov/grants/contracts/contract-policies-regulations/hhsar/part-326-other-socioeconomic-programs/index.html#326.505

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…