RFQ-PR25-022 Fuel - Diesel and Gasoline.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 Service Unit intends to award a Firm-Fixed Price, Non-Personal

Service, Commercial Item, Multi-Year Award contract in response to Request for Quote (RFQ) RFQ-PR25-022.

C. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2025-04 dated 5/12/2025.

D. This RFQ is issued as 100% Small Business Set-aside, and the associated NAICS Code is 457210 which has a size standard in number of employees 500.

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.

Bulk Delivery of Petroleum – Diesel and Gasoline (See Price Schedule)

The period of performance will be for one (1) year from date of award for the base period, with four (4) one (1) year option periods.

F. The primary objective of this contract is to establish a multi-year award contract to supply the IHS Pine Ridge Service Unit and two satellite clinics with bulk delivery of petroleum – Diesel and Gasoline.

G. 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-PR25-022.

2. Closing Date: July 1, 2025 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.

▪ Ability to meet the Delivery Schedule

▪ Past Performance.

▪ Reasonableness of Price.

▪ Responsiveness to requirement.

H. FAR 52.212-3 Offer Representations and Certifications-Commercial Products and Commercial Services (May 2024) – See attachment for full text.

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.

I. FAR 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services (Nov 2023) – See attachment; in by reference.

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

Products and Commercial Services (Jan 2025) - See attachment for full text.

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

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

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

Any questions, please submit by June 24, 2025 by 12:00 pm MST.

Contractors must obtain a Unique Entity ID (UEI) number and Taxpayer Identifying number (TIN); and be registered with the System for Award Management (SAM) at www.sam.gov.

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 60 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 reference in Paragraph #G-2. 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.

Invoice Processing Platform (IPP)

The Indian Health Services 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 https://www.sam.gov/ mailto:kim.carpio@ihs.gov http://www.sam.gov/ http://exclusions.org.hhs.gov/ https://obamawhitehouse.archives.gov/sites/default/files/omb/memoranda/2015/m-15-19.pdf https://www.ipp.gov/ mailto: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.

PERFORMANCE/PRICE SCHEDULE

Base Year

DESCRIPTION

Non-Tax Diesel

Fuel Gallons

Gasoline

Gallons

Non-Tax Diesel

Price Per Gallon

Per Year

Gasoline Price

Per Gallon

Per Year

LI 0001

Pine Ridge Service Unit

607 Indian Health Road

Pine Ridge South Dakota

150,000

1,000

LI 0002 Kyle Health Center

1000 Health Center Road

Kyle, SD 57752

LI 0003

Wanblee Health Center

210 1st Street

Wanblee, SD 57577

Option Year

One

Non-Tax Diesel

Price Per Gallon

Per Year

Gasoline Price

Per Gallon

Per Year

LI 0004

Pine Ridge Service Unit

LI 0005 Kyle Health Center

LI 0006 Wanblee Health Center

Two

Non-Tax Diesel

Price Per Gallon

Per Year

Gasoline Price

Per Gallon

Per Year

LI 0007 Pine Ridge Service Unit

LI 0008 Kyle Health Center

LI 0009 Wanblee Health Center

Three

Non-Tax Diesel

Price Per Gallon

Per Year

Gasoline Price

Per Gallon

Per Year

LI 0010 Pine Ridge Service Unit

LI 0011 Kyle Health Center

LI 0012 Wanblee Health Center

Four

Non-Tax Diesel

Price Per Gallon

Per Year

Gasoline Price

Per Gallon

Per Year

LI 0013 Pine Ridge Service Unit

LI 0014 Kyle Health Center

LI 0015 Wanblee Health Center

SCOPE OF WORK

IHS Pine Ridge Service Unit

Pine Ridge, SD 57770

1.0 BACKGROUND

The Indian Health Service (IHS) Pine Ridge Service Unit consists of one hospital in Pine

Ridge, South Dakota and two satellite clinics in Kyle and Wanblee, South Dakota. Each location uses fuel as a heat source or to power grounds equipment.

2.0 OBJECTIVE

The primary objective of this contract is to establish a multi-year contract to supply the IHS

Pine Ridge Service Unit and two satellite clinics with bulk delivery of petroleum – Diesel and

Gasoline. A base period with four (4) one (1) year option periods.

3.0 SCOPE

Contractor will be responsible for maintaining all fuel tanks above a level of 25% at all times.

Contractor will ensure tanks are above 50% before elongated cold weather forecasts. Size and frequency of deliveries will be at the Contractors discretion. Contractor will notify facility points of contact (POC) before delivery to ensure access to the fuel tanks. Contractor will give the facility POC field receipts of the amount of fuel delivered after each visit. The contractor will be responsible for constructing their own delivery routes/schedules.

Contractor must install telemetry on each tank that can be accessed by themselves and facility POC. Power and data will be provided by POC at each fuel tank for this purpose.

4.0 CONTRACT REQUIREMENTS/ AND PERSONNEL QUALIFICATIONS

Fuel delivered to the hospital must meet American Society for Testing Materials (ASTM) quality standards for Distillation (D86) and Physical/Chemical Properties; Calculated Cetane

Index, API Gravity at 60F, Cloud Point, Pour Point, Sulfur, Water and Sediment. Bulk trailer will need delivery hose and cam-lock hose connection.

5.0 TYPE OF ORDER

This is a Firm Fixed-Price, Commercial Item, Non-Personal Service, Purchase Order.

6.0 PERIOD OF PERFORMANCE

The period of performance will be for one (1) year from date of award for the base period, with four (4) one (1) year option periods. When the base year concludes, dependent upon the need of the Pine Ridge Service Unit, is the option to extend the terms of the contract. If this service is still required, an authorized government Contracting Officer shall request to exercise the next option year. A preliminary written notice shall be delivered to the

Contractor, at least ninety (90) days before the base year expires.

IHS Pine Ridge Service Unit

7.0 PLACE OF PERFORMANCE & QUANTITIES

Pine Ridge Hospital

Pine Ridge, SD 57770

1: 20,000-gallon underground diesel tank

1: 700-gallon aboveground diesel tank

1: 300-gallon aboveground gasoline tank

Kyle Health Center

1000 Health Ctr Rd

Kyle, SD 57752

1: 500-gallon aboveground diesel tank

1: 500-gallon aboveground gasoline tank

Wanblee Health Center

Wanblee, SD 57577

1: 500-gallon aboveground diesel tank

1: 100-gallon aboveground gasoline tank

8.0 REPORT(S)/DELIVERABLES AND DELIVERY SCHEDULE

Contractor performance will be based on fuel quality and adherence to the tank levels required as stated above. Failure to maintain these two performance standards may result in cancelation of this contract. Provide third party inspection reports on an annual basis of the fuel quality being supplied to the facility.

Normal workdays are Monday through Friday except US Federal Holidays. Core hours of work are from 0800 to 1630 daily. All employees are expected to be available during core hours.

If there should be any change in normal working hours, this will be coordinated with the

COR.

GOVERNMENT HOLIDAYS:

New Year's Day Martin Luther King, Jr.'s Birthday President's Day

Memorial Day Juneteenth Day Independence Day

Labor Day Columbus Day Veteran's Day

Thanksgiving Day Christmas Day

*Any other day specifically declared by the President of the United States to be a national holiday (see Federal Holidays (opm.gov)*).

IHS Pine Ridge Service Unit

9.0 FACILITY CONTACT

Chance Knutson, Facility Manager

605-867-3042 or Chance.knutson@ihs.gov

10.0 PAYMENT

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.

11.0 CONTRACT OFFICER RESPONSIBILITIES

The Contracting Officer (CO) is the only person authorized to approve changes or modify any of the requirements of this contract. The Contractor shall communicate with the CO on all matters pertaining to contract administration. Only the CO is authorized to make commitments or issue any modification to include (but not limited to) terms affecting price, quantity or quality performance of this contract.

1. Authority

1.1. No person other than the Contracting Officer has authority to bind the Government with respect to this contract.

1.2. No action or omission of any government employee or representative other than the

Contracting Officer shall increase or decrease the scope of this contract or shall otherwise modify the terms and conditions of this contract.

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

IHS Pine Ridge Service Unit

1.3. In no event shall any of the following be effective or binding on the Government or imputed to the Contracting Officer with respect to this contract:

1.3.1. An understanding or agreement between the Contractor and anyone other than the Contracting Officer;

1.3.2. A purported modification or change order issued by anyone other than the

Contracting Officer;

1.3.3. A promise by anyone other than the Contracting Officer to provide additional funding or make payments; or

1.3.4. An order, direction, consent, or permission from anyone other than the

Contracting Officer to:

Incur costs in excess of a specified estimated cost, allotment of funds, or other ceiling; or expend hours in excess of a specified level of effort.

CLAUSES INCORPORATED BY REFERENCE

(FIRM FIXED-PRICE, NON-PERSONAL SERVICE TYPE, 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 NOV 2024

2. 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL JAN 2011

3. 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

4. 52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING AUG 2020

5. 52.204-17 OWNERSHIP OR CONTROL OF OFFEROR AUG 2020

6. 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE AUG 2020

7. 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS DEC 2014

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

SERVICES

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

COMMERCIAL SERVICES

10. 52.224-1 PRIVACY ACT NOTIFICATION APR 1984

11. 52.224-2 PRIVACY ACT APR 1984

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

ACTIVITIES OR TRANSACTIONS RELATING TO IRAN—REPRESENTATION

AND CERTIFICATIONS.

13. 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS JUN 2013

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

SUBCONTRACTORS

15. 52.237-1 SITE VISIT APR 1984

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

17. 52.253-1 COMPUTER GENERATED FORMS JAN 1991

CLAUSES INCORPORATED IN FULL TEXT

NO. FAR

CITATION

CLAUSE TITLE CLAUSE

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

SURVEILLANCE SERVICES OR EQUIPMENT

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

AND COMMERCIAL SERVICES (SEE ATTACHED)

3. 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUES JAN 2025

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

OR EXECUTIVE ORDERS–COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (SEE ATTACHED)

4. 52.217-8 OPTION TO EXTEND SERVICES NOV 1999

5. 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT MAR 2000

6. 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS FEB 2024

7. 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE FEB 1998

8. 52.252-2 CLAUSES INCORPORATED BY REFERENCE FEB 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 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

ENTERING INTO A CONTRACT OR EXTENDING OR RENEWING A CONTRACT WITH AN ENTITY THAT USES ANY EQUIPMENT, SYSTEM, OR SERVICE THAT USES COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES AS A SUBSTANTIAL OR

ESSENTIAL COMPONENT OF ANY SYSTEM, OR AS CRITICAL TECHNOLOGY AS PART OF ANY SYSTEM. THIS PROHIBITION

APPLIES TO THE USE OF COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES, REGARDLESS OF WHETHER THAT USE

IS IN PERFORMANCE OF WORK UNDER A FEDERAL CONTRACT. NOTHING IN THE PROHIBITION SHALL BE CONSTRUED TO—

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

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

ARRANGEMENTS; OR

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

CANNOT PERMIT VISIBILITY INTO ANY USER DATA OR PACKETS THAT SUCH EQUIPMENT TRANSMITS OR OTHERWISE

HANDLES.

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

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

"COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES".

(D) 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.

https://www.sam.gov/

(II) FOR COVERED SERVICES—

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

TELECOMMUNICATIONS SERVICES OFFERED (INCLUDE ON THE ITEM BEING MAINTAINED: BRAND; MODEL NUMBER, SUCH

AS OEM NUMBER, MANUFACTURER PART NUMBER, OR WHOLESALER NUMBER; AND ITEM DESCRIPTION, AS APPLICABLE);

OR

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

PROVIDED; AND EXPLANATION OF THE PROPOSED USE OF COVERED TELECOMMUNICATIONS SERVICES AND ANY FACTORS

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

PROVISION.

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

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

FOLLOWING INFORMATION AS PART OF THE OFFER:

(I) FOR COVERED EQUIPMENT—

(A) THE ENTITY THAT PRODUCED THE COVERED TELECOMMUNICATIONS EQUIPMENT (INCLUDE ENTITY

NAME, UNIQUE ENTITY IDENTIFIER, CAGE CODE, AND WHETHER THE ENTITY WAS THE OEM OR A DISTRIBUTOR, IF

KNOWN);

(B) A DESCRIPTION OF ALL COVERED TELECOMMUNICATIONS EQUIPMENT OFFERED (INCLUDE BRAND;

MODEL NUMBER, SUCH AS OEM NUMBER, MANUFACTURER PART NUMBER, OR WHOLESALER NUMBER; AND ITEM

DESCRIPTION, AS APPLICABLE); AND

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

FACTORS RELEVANT TO DETERMINING IF SUCH USE WOULD BE PERMISSIBLE UNDER THE PROHIBITION IN PARAGRAPH (B)(2)

OF THIS PROVISION.

(II) FOR COVERED SERVICES—

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

TELECOMMUNICATIONS SERVICES OFFERED (INCLUDE ON THE ITEM BEING MAINTAINED: BRAND; MODEL NUMBER, SUCH

AS OEM NUMBER, MANUFACTURER PART NUMBER, OR WHOLESALER NUMBER; AND ITEM DESCRIPTION, AS APPLICABLE);

OR

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

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

DETERMINING IF SUCH USE WOULD BE PERMISSIBLE UNDER THE PROHIBITION IN PARAGRAPH (B)(2) OF THIS PROVISION.

(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 https://www.acquisition.gov/far/part-17#FAR_17_208

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)

52.217-9OPTION TO EXTEND THE TERM OF THE CONTRACT.

AS PRESCRIBED IN 17.208(G), INSERT A CLAUSE SUBSTANTIALLY THE SAME AS THE FOLLOWING:

OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(A)THE GOVERNMENT MAY EXTEND THE TERM OF THIS CONTRACT BY WRITTEN NOTICE TO THE CONTRACTOR

WITHIN _____ [INSERT THE PERIOD OF TIME WITHIN WHICH THE CONTRACTING OFFICER MAY EXERCISE THE OPTION];

PROVIDED THAT THE GOVERNMENT GIVES THE CONTRACTOR A PRELIMINARY WRITTEN NOTICE OF ITS INTENT TO EXTEND

AT LEAST _____ DAYS[60DAYS UNLESS A DIFFERENT NUMBER OF DAYS IS INSERTED] BEFORE THE CONTRACT EXPIRES. THE

PRELIMINARY NOTICE DOES NOT COMMIT THE GOVERNMENT TO AN EXTENSION.

(B)IF THE GOVERNMENT EXERCISES THIS OPTION, THE EXTENDED CONTRACT SHALL BE CONSIDERED TO INCLUDE

THIS OPTION CLAUSE.

(C)THE TOTAL DURATION OF THIS CONTRACT, INCLUDING THE EXERCISE OF ANY OPTIONS UNDER THIS

CLAUSE, SHALL NOT EXCEED ___________ (MONTHS) (YEARS).

(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 (SEP 2023)

(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 CONCERN-

(1) MEANS A SMALL BUSINESS CONCERN-

(I) NOT LESS THAN 51 PERCENT OF WHICH IS OWNED BY ONE OR MORE SERVICE-DISABLED VETERANS OR, IN THE CASE OF

ANY PUBLICLY OWNED BUSINESS, NOT LESS THAN 51 PERCENT OF THE STOCK OF WHICH IS OWNED BY ONE OR MORE

SERVICE-DISABLED VETERANS; AND

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.

(2) "SERVICE-DISABLED VETERAN" MEANS A VETERAN, AS DEFINED IN 38 U.S.C.101(2), WITH A DISABILITY THAT IS

SERVICE-CONNECTED, AS DEFINED IN 38 U.S.C.101(16).

SMALL BUSINESS CONCERN—

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

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-

(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 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 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101&num=0&edition=prelim

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.

(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: __.]

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) 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)

(6) [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) [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

(I) IT □ IS, □ IS NOT A SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS CONCERN; OR

(II) IT □ IS, □ IS NOT A SERVICE-DISABLED VETERAN-OWNED JOINT VENTURE THAT COMPLIES WITH THE REQUIREMENTS

OF 13 CFR 125.18(B)(1) AND (2). [ THE OFFEROR SHALL ENTER THE NAME AND UNIQUE ENTITY IDENTIFIER OF EACH PARTY

TO THE JOINT VENTURE: __.] EACH SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS CONCERN PARTICIPATING IN THE

JOINT VENTURE SHALL PROVIDE REPRESENTATION OF ITS SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS

CONCERN STATUS.

(8) [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 (SEPT 2015). AS PRESCRIBED IN 19.309 (A)(2) ADD THE FOLLOWING PARAGRAPH (C)(9) TO THE BASIC

PROVISION:

(9) [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.

https://www.ecfr.gov/current/title-13/section-125.18#p-125.18(b)(1) https://www.ecfr.gov/current/title-13/section-125.18#p-125.18(b)(2) 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

□ 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 SMALL BUSINESS CONCERN (YES/NO)

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

1. HHSAR 352.232-71 ELECTRONIC SUBMISSION OF INVOICE PAYMENT REQUESTS FEB 2022

352.232-71 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS

AS PRESCRIBED IN HHSAR 332.7003, USE THE FOLLOWING CLAUSE:

ELECTRONIC SUBMISSION OF PAYMENT REQUESTS

(A) DEFINITIONS. AS USED IN THIS CLAUSE -

PAYMENT REQUEST MEANS A BILL, VOUCHER, INVOICE, OR REQUEST FOR CONTRACT FINANCING PAYMENT WITH

ASSOCIATED SUPPORTING DOCUMENTATION. THE PAYMENT REQUEST MUST COMPLY WITH THE REQUIREMENTS IDENTIFIED

IN FAR 32.905(B), “CONTENT OF INVOICES” AND THE APPLICABLE PAYMENT CLAUSE INCLUDED IN THIS CONTRACT.

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/

(B) EXCEPT AS PROVIDED IN PARAGRAPH (C) OF THIS CLAUSE, THE CONTRACTOR SHALL SUBMIT PAYMENT REQUESTS

ELECTRONICALLY USING THE DEPARTMENT OF TREASURY INVOICE PROCESSING PLATFORM (IPP) OR SUCCESSOR SYSTEM.

INFORMATION REGARDING IPP, INCLUDING IPP CUSTOMER SUPPORT CONTACT INFORMATION, IS AVAILABLE

AT WWW.IPP.GOV OR ANY SUCCESSOR SITE.

(C) THE CONTRACTOR MAY SUBMIT PAYMENT REQUESTS USING OTHER THAN IPP ONLY WHEN THE CONTRACTING

OFFICER AUTHORIZES ALTERNATE PROCEDURES IN WRITING IN ACCORDANCE WITH HHS PROCEDURES.

(D) IF ALTERNATE PAYMENT PROCEDURES ARE AUTHORIZED, THE CONTRACTOR SHALL INCLUDE A COPY OF THE

CONTRACTING OFFICER'S WRITTEN AUTHORIZATION WITH EACH PAYMENT REQUEST.

(END OF CLAUSE)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES.

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

OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

(a) Definitions. As used in this provision—

Covered telecommunications equipment or services has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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

Forced or indentured child labor means all work or service—

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

https://www.acquisition.gov/far/part-12#FAR_12_301 https://www.sam.gov/ https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.ecfr.gov/current/title-13/part-127 https://www.ecfr.gov/current/title-13/section-127.300 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

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

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

(6) Have been voluntarily suspended. "Sensitive technology"—

Sensitive technology—

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

(i) To restrict the free flow of unbiased information in…