RFQ-24-054_Solicitation Packet_SRSU_IT Equipment.pdf

A. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice, FAR Part 12, Acquisition of Commercial Items (Title VIII of the Federal Acquisition Streamlining Act of 1994) (Public Law 103-355). This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

B. The Great Plains Area Indian Health Service (IHS) intends to award a Firm-Fixed Price, Commercial Item Purchase Order in response to Request for Quote (RFQ) RFQ-24-054.

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 "100% Buy Indian/Small Business", and the associated NAICS Code is 334118, with a small business standard of 1000 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.

F. BRAND NAME ONLY

Complete the Specification List: Estimated Cost Item Description Quantity Unit Each Total

1. 210-BFXE OptiPlex Small Form Factor Plus 7010 45 EA $___________ $___________

2. 275-BBCB Dell Optical Wired Mouse – MM116 45 EA $___________ $___________

3. Shipping (If applicable) DO $___________ $___________

Total Amount $__________________

G. To provide Information Technology (IT) Laptops & Equipment.

H. To be provided for the Standing Rock Service Unit (SRSU), Fort Yates IHS Hospital, Fort Yates, North Dakota, 58538. Delivery Location: Standing Rock Service Unit (SRSU), Fort Yates IHS Hospital, 10 Standing Rock Avenue, Fort Yates, North Dakota, 58538. The period of performance will be 45 days from the Date of Award.

I. FAR 52.212-1 Instructions to Offerors-Commercial Products and Commercial Services (SEPT 2023).

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

1. Solicitation number RFQ-24-054.

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

3. Name, address, and telephone number of company and e-mail address of contact person.

4. Technical description of the item/service being offered in sufficient detail to evaluate compliance with the solicitation requirements. 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 of 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. The Government intends to select ONE contractor for award of this effort. The proposals will be initially evaluated by lowest price and if the lowest priced proposal submitted is found to be technically acceptable, no other proposals will be evaluated, and award will be made to the lowest priced, technically acceptable offeror However, if the offeror’s lowest priced proposal is not found technically acceptable, the next offeror’s lowest priced proposal will be evaluated until the lowest priced, technically acceptable proposal is found. The Government intends to evaluate offers and award without discussions. The Government reserves the right to ask for clarifications from the lowest‐priced offeror being evaluated without approaching other offerors. The Government reserves the right to enter negotiations with the lowest‐priced offeror being evaluated without approaching other offerors.

• Shall provide the items listed in the Specifications Listings: Brand Name Only

• Ability to meet the Delivery Schedule

• Complete and fill out the Indian Firm Representation Form/Specifications Price Lists for all items J. 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 http://www.acquisition.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (p) of this provision.

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

L. 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.

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

N. Offers will be accepted electronically; submit via e-mail to the following:

Great Plains Area Indian Health Service Attn: David Jones, Contract Specialist 115 4th Ave. SE, Room 309 Aberdeen, SD 57401 e-mail: david.jones@ihs.gov

Questions regarding this solicitation shall be submitted in writing by either email no later than April 16, 2024, 12:00pm CDT.

Contractors will need a UEI number, TIN number, and be registered with the System for Award Management 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 that it is firm for at least 30 days from the date of receipt by the Government.

The 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 referenced. All required information must be submitted 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 contract.

Invoice Processing Platform (IPP) http://www.acquisition.gov/ mailto:david.jones@ihs.gov http://exclusions.org.hhs.gov/

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”.

The Contractor must provide only new equipment and new parts for the required products described herein; no used, refurbished, or remanufactured equipment or parts shall be provided under any circumstances. No “Gray Market Goods” or “Counterfeit Electronic Parts” shall be provided. Gray Market Goods are defined as genuine branded goods intentionally or unintentionally sold outside of an authorized sales territory or by non-authorized dealers in an authorized territory. All equipment shall be accompanied by the Original Equipment Manufacturers (OEM’s) warranty. Counterfeit Electronic Parts are defined as unlawful or unauthorized reproduction, substitution, or alteration that has been knowingly mismarked, misidentified, or otherwise misrepresented to be an authentic, unmodified electronic part from the original manufacturer or a source with the express written authority of the original manufacturer or current design activity, including an authorized aftermarket manufacturer. Unlawful or unauthorized substitution includes used electronic parts represented as new or the false identification of grade, serial number, lot number, date code, or performance characteristics.

“The Office of Management and Budget (OMB) mandates that U.S. federal agencies use the Internet Protocol version 6 (IPv6). In November 2020, OMB issued memorandum M-21-07, "Completing the Transition to IPv6”, which outlines the Federal government's strategic intent "to deliver its information services, operate its networks, and access the services of others using only IPv6". The IHS requires all new IT systems (hardware and software) to operate in a pure IPv6 network environment. This includes on-premises or third-party hosted services requiring network integration into the IHS network.

The Offeror's solution shall comply with the IPv6 standards profile as defined by the NIST USGv6 Program: https://www.nist.gov/programs-projects/usgv6-program" https://obamawhitehouse.archives.gov/sites/default/files/omb/memoranda/2015/m-15-19.pdf https://www.ipp.gov/ mailto:IPPCustomerSupport@fiscal.treasury.gov https://www.nist.gov/programs-projects/usgv6-program

BRAND NAME JUSTIFICATION AND APPROVAL

For use with GPA OIT approved items only

Requisition: IHS1489174

1. Organization/Line Office: Standing Rock Service Unit

2. Description of Action being approved:

Purchase of Computers

3. Description of Product, Supplies or Services required to meet the Agency’s needs.

See Attached Specifications.

4. An identification of the statutory authority permitting other than full and open competition.

The Statutory Authority for this action is 11.105(a)(1) The particular brand name, product, or feature is essential to the Government’s requirements, and market research indicates other companies’ similar products, or products lacking the particular feature, do not meet, or cannot be modified to meet, the agency’s needs

5. Identification of the Justification Rationale:

The requested Dell brand equipment allows for continuity and compatibility with existing equipment, deployment software, and management systems. The purchase of other brands at this point would result in additional compatibility and security tests, increased learning curves, duplicate work efforts, increased training and administrative costs. The Dell equipment is being requested to replace current equipment as well as new equipment to support IHS Meaningful Use initiatives, which will allow staff to meet the mission of the agency. The Dell brand of common hardware allows IHS to operate the systems with higher availability and lower overall cost of ownership. For all systems, IT support staff are experienced with Dell computer configuration, images, installation, application patching, and trouble shooting. Dell has demonstrated the ability to provide a range of quality hardware, software, and service products with minimum paperwork from IHS. Parts, supplies, and accessories are interchangeable within product line currently in place. It is imperative that all workstations and servers be standardized in order to maintain adequate technical support, maintenance, interoperability of peripherals and components, and staffing. The Dell supplied replacement parts and technical support ensures compatibility of hardware and minimal down time for agency critical servers. The Dell hardware and warranty are available from multiple Dell partners. Other manufactures, though providing quality hardware, do not meet the needs of the government in areas of standard support, configuration, interoperability with hardware we currently have, and management.

6. Best Value Determination:

Orders issued under this class limited sources justification represent the best value IHS as the agreed to prices will be based upon competitive quotes received from authorized retailers of the brand in a competitive environment. Therefore the price paid will represent the best value and result in the lowest overall cost alternative to meet the needs of IHS.

7. Market Research conducted

In accordance with FAR part 10, Market Research has been conducted for this acquisition. The following techniques was used.

Past purchases, Current prices and Internet searches.

8. Statement of actions, if any to remove barriers to competition in the future.

None at this time

9. Any other facts supporting justification:

Purchasing equipment outside of the approved hardware/software list provided by the Great Plains Area and Headquarters will create additional work for our IT staff in the field and our system engineering staff at the Area office. We do not have the human resources to add/maintain every possible system requirement to our patch management utilities that we use at Headquarters and the Great Plains Area Office. Adding equipment that is not currently on our patch management utilities will make our network vulnerable to security and cyber-attacks.

The Federal Information Security Modernization Act of 2014 (FISMA) requires our programs to ensure the following. Please note highlighted content.

This Act may be cited as the ``Federal Information Security Modernization Act of 2014''. SEC. 2. FISMA

REFORM.

(a) In General.--Chapter 35 of title 44, United States Code, is amended by striking subchapters II and III <<NOTE: 44 USC prec. 3531, 3531-3538, 3541 prec., 3541-3549.>> and inserting the following:

``SUBCHAPTER <<NOTE: 44 USC prec. 3551.>> II--INFORMATION SECURITY

``Sec. 3551. <<NOTE: 44 USC 3551.>> “The purposes of this subchapter are to—

Wenda Wright -S

Digitally signed by Wenda Wright -S Date: 2024.04.10 08:44:47 -05'00'

``(1) provide a comprehensive framework for ensuring the effectiveness of information security controls over information resources that support Federal operations and assets;

``(2) recognize the highly networked nature of the current Federal computing environment and provide effective government wide management and oversight of the related information security risks, including coordination of information security efforts throughout the civilian, national security, and law enforcement communities;

``(3) provide for development and maintenance of minimum controls required to protect Federal information and information systems;

``(4) provide a mechanism for improved oversight of Federal agency information security programs, including through automated security tools to continuously diagnose and improve security;

``(5) acknowledge that commercially developed information security products offer advanced, dynamic, robust, and effective information security solutions, reflecting market solutions for the protection of critical information infrastructures important to the national defense and economic security of the nation that are designed, built, and operated by the private sector; and

``(6) recognize that the selection of specific technical hardware and software information security solutions should be left to individual agencies from among commercially developed products.

As the technical or requirement personnel, I certify that the evidence of the supporting data that forms the basis of this justification is complete and accurate.

Rudy Arpan

Technical/Requirements Signature Date Personnel Printed Name

Wenda Wright 4/10/2024

Contracting Officer Signature Date Printed Name

Rudy A.

Arpan -S

Digitally signed by Rudy A. Arpan -S Date: 2024.04.05 12:27:58 -05'00'

Scope of Work, RFQ-24-054 IT Equipment

NITAAC CIO-CS Contract Fee 210-BFXE OptiPlex Small Form Factor Plus 7010

370-AGWK 32GB 2X16GB DDR5 Non-ECC Memory

580-AFDH Dell KB813 Smart Card Keyboard US

490-BIDI AMD Radeon RX 6500 4GB GDDR6,Low Profile,2xDP

555-BIJL Wireless Driver, Intel AX211 Wi-Fi 6E 6Ghz 2x2, BT 5.2

400-BOQM M.2 2230 512GB PCIe NVMe Class 35 Solid State Drive

412-AAQT M.2 22x30 Thermal Pad

773-BBBC M2X3.5 Screw for SSD/DDPE

379-BBHM No Media Card Reader

658-BCSB No Microsoft Office License Included

658-BFPY Dell Additional Software

817-BBBN NO RAID

650-AAAM No Anti-Virus Software

619-ARSD Windows 10 Pro Includes Windows 11 Pro License, English, Spanish, French, Brazilian Portuguese

329-BHPM OptiPlex SFF Plus with 260W Bronze Power Supply

570-AAAF No Mouse Selected

387-BBLW ENERGY STAR Qualified

555-BBJO No Additional Network Card Selected Integrated NIC included

325-BDSH DVD+/-RW Bezel

429-ABFG 8x DVD-ROM 9.5mm Slimline Optical Disk Drive

520-AARD Internal Speaker

555-BHDU Intel R AX211 Wi-Fi 6E 2x2 and Bluetooth

555-BHDW External Antenna

450-AAOJ System Power Cord Philipine/TH/US

620-AALW OS-Windows Media Not Included

800-BBIO Desktop BTO Standard shipment

817-BBBC Not selected in this configuration

379-BDTO EPEAT 2018 Registered Silver

340-AGIK SERI Guide ENG/FR/Multi

812-3886 Dell Limited Hardware Warranty Plus Service

812-3938 ProSupport Plus: Accidental Damage Service, 5 Years

812-3939 ProSupport Plus: Keep Your Hard Drive, 5 Years

812-3940 ProSupport Plus: Next Business Day Onsite 5 Years

812-3941 ProSupport Plus: 7x24 Technical Support, 5 Years

997-8367 Thank you for choosing Dell ProSupport Plus.

340-CKSZ No AutoPilot 389-BCGW No UPC Label

329-BBJL Trusted Platform Module Discrete TPM Enabled

379-BEZG Dell Watchdog Timer

631-ADPF Intel vPro Enterprise

492-BCKH No Additional Video Ports

401-AANH No Additional Hard Drive

340-DDFN Quick Start Guide, OptiPlex SFF Plus

Scope of Work, RFQ-24-054 IT Equipment

338-CHCJ 13th Gen Intel Core i7-13700 8+8 Cores/30MB/24T/2.1GHz to 5.1GHz/65W

325-BCZQ No Cover Selected

340-CQYR Shipping Material 389-BBUU Shipping Label

575-BBBI No Stand or Mount

817-BBBB Custom Configuration

382-BBHX No Additional Add In Cards

379-BBCY No Additional Cable

658-BBTV CMS Essentials DVD no Media

401-AANH No Additional Hard Drive

389-FBFZ Regulatory Label for OptiPlex SFF Plus 260/300W, FSJ

492-BBFF No PCIe add-in card

575-BBKX No Hard Drive Bracket, Dell OptiPlex

658-BFQF SW Driver, Intel Rapid Storage Technology, OptiPlex Small Form

389-EDDR Intel Core i7 vPro Enterprise Processor Label

275-BBCB Dell Optical Wired Mouse - MS116

DEPARTMENT OF HEALTH & HUMAN SERVICES

Indian Health Service

Office of Management Services Division of Acquisition Policy (DAP)

5600 Fishers Lane Rockville, MD 20857

INDIAN HEALTH SERVICE

BUY INDIAN ACT

INDIAN ECONOMIC ENTERPRISE

REPRESENTATION FORM

SOLICITATION/SOURCES SOUGHT/RFI #: _________________________________________________

PROJECT TITLE: ________________________________________________________

DATE: ___________________________________________________________________

In accordance with 25 U.S.C. 47 the Buy Indian Act, the signature below constitutes self-certification that the Offeror meets the definition of an “Indian Economic Enterprise” (HHSAR 326.601) in response to this Sources Sought Notice, Request for Information (RFI) or Solicitation and resultant contract.

The enterprise must meet the definition of “Indian Economic Enterprise” throughout the following time periods:

(1) At the time an offer is made in response to this solicitation;

(2) At the time of contract award; and

(3) During the full term of the contract performance period. At any point during these periods, if the Contractor no longer meets the eligibility requirements, the contractor must provide immediate written notification to the Contracting Officer.

Individual Contracting Officers may require documentation of eligibility before awarding a set-aside or sole source contracts under the Buy Indian Act and awards may be subject to protest if the eligibility of the successful Offeror is in question. In addition to the self-certification requirements, successful Offerors must also be registered with the System of Award Management (SAM).

Any false or misleading information submitted by an enterprise when submitting an offer in consideration of an award set-aside under the authority of the Buy Indian Act is a violation of the law and punishable under 18 U.S.C. 1001.

False claims submitted as part of contract performance are subject to the penalties enumerated in 31 U.S.C. 3729 to 3731 and 18 U.S.C. 287.

REPRESENTATION

The Offeror represents as part of its offer that it does _____, does not _____ meet the definition of an “Indian Economic Enterprise” with “Indian Ownership” under the authority of the Buy Indian Act.

Name of the 51% owner of IEE Firm

Certifying Signature

Print Name

Name of Federally Recognized Tribal Entity

Business Name

DUNS Number

CLAUSES INCORPORATED BY REFERENCE

(Firm Fixed-Price, Commercial)

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

No. FAR Citation Clause Title Clause Date ____

1. 52.204-7 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 August 2020 Reporting

4. 52.204-17 Ownership of Control or Offeror August 2020

5. 52.204-18 Commercial and Government Entity Code August 2020 Maintenance

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

7. 52.211-17 Delivery of Excess Quantities September 1989

8. 52.212-1 Instructions to Offerors – Commercial Products September 2023 and Commercial Services

9. 52.212-4 Contract Terms and Conditions November 2023

- Commercial Products and Commercial Services

10. 52.225-25 Prohibition on Contracting with Entities June 2020 Engaging in Certain Activities or Transactions Relating to Iran – Representation and Certifications

11. 52.232-39 Unenforceability of Unauthorized Obligations June 2013

12. 52.232-40 Providing Accelerated Payments to Small March 2023 Business Subcontractors

13. 52.253-1 Computer Generated Forms January 1991

CLAUSES INCORPORATED IN FULL TEXT

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

No. FAR Citation Clause Title Clause Date ____

1. 52.204.24 Representation Regarding Certain November 2021

Telecommunications and Video Surveillance Services or Equipment

2. 52.212-3 Offeror Representations and Certifications November 2023

- Commercial Products and Commercial Services. (See Attached)

3. 52.212-5 Contract Terms and Conditions Required to December 2023 Implement Statutes or Executive Orders – Commercial Products and Commercial Services

(See Attached)

4. 52.217-8 Option to Extend Services November 1999

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

6. 52.252-2 Clauses Incorporated by Reference February 1998

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

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

Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (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 https://www.acquisition.gov/far/4.2105#FAR_4_2105 https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements;

or

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements;

or

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

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards 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:

https://www.sam.gov/

(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);

(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 30 Days.

(End of clause)

52.252-1 Solicitation Provisions Incorporated by Reference.

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

Solicitation Provisions Incorporated by Reference (Feb 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

_____________________________________________ [Insert one or more Internet addresses]

(End of provision)

Parent topic: 52.252 [Reserved]

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/far/52.107#FAR_52_107 https://www.acquisition.gov/far/52.252 https://www.acquisition.gov/far/52.107#FAR_52_107

_____________________________________________ [Insert one or more Internet addresses]

(End of clause)

Parent topic: 52.252 [Reserved]

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

No. HHSAR Citation Clause Title Clause Date_ ____

1. HHSAR 352.232-71 Electronic Submission of Payment February 2022 Requests

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.

(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) https://www.acquisition.gov/far/52.252 http://www.ipp.gov/

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 (Feb 2024)

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

(a) Definitions. As used in this provision—

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

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

Forced or indentured child labor means all work or service—

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

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

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

Immediate owner means an entity, other than the offeror, that has direct control of the offeror.

Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L.

110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

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

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

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

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

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

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

Sensitive technology—

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

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

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

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

Service-disabled veteran-owned small business (SDVOSB) concern means a small business concern—

(1)

(i) Not less than 51 percent of which is owned and controlled by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran; or

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

(3) Service-disabled veteran, as used in this definition, means a veteran as defined in 38 U.S.C.

101(2), with a disability that is service connected, as defined in 38 U.S.C. 101(16), and who is registered in the Beneficiary Identification and Records Locator Subsystem, or successor system that is maintained by the Department of Veterans Affairs’ Veterans Benefits Administration, as a service-disabled veteran.

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

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

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

Service-disabled veteran-owned small 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 size standards in this solicitation.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

Small disadvantaged business concern, consistent 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 at13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding the threshold at 13 CFR 124.104(c)(2) after taking into account the applicable exclusions set forth at 13 CFR124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

Subsidiary means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

Veteran-owned small business concern means a small business concern—

(1) Not less than 51 percent of which is owned and controlled 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 business concern means a concern which 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 its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women

Women-owned small business concern means a small business concern—

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

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) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __.

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii). Check all that apply.

(1) Small business concern. 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) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it □ is, □ is not a veteran-owned small business concern.

(3) SDVOSB concern. [ Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents that it □ is, □ is not an SDVOSB concern.

(4) SDVOSB concern joint venture eligible under the SDVOSB Program. The offeror represents that it □ is, □ is not an SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR 128.402. [Complete only if the offeror represented itself as an SDVOSB concern in paragraph (c)(3) of this provision.] [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ____________.]

(5) Small disadvantaged…