Solicitation-173rd Gym refresh.pdf

W912PF24Q0123

COMBINED SYNOPSIS/SOLICITATION

173rd GYM REFRESH

This is a combined synopsis/solicitation for commercial products or commercial services prepared in accordance with the format in subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

This solicitation is a request for quote (RFQ) and the solicitation number is W912PF-24-Q-0123. The solicitation document and incorporated provisions and clauses are those in effect through the Federal Acquisition Circular (FAC) 2024-05, effective April 22, 2024. The North American Industry Classification System (NAICS) code assigned to this project is 339920 – Sporting and Athletic Goods Manufacturing. This requirement is not set aside for small business.

This acquisition contains 1 Contract Line-Item Number (CLIN) for Gym Equipment (see salient characteristics).

This CLIN also includes a one-year OCONUS warranty. The required delivery date is 30 November 2024 and the delivery location is Del Din, Vicenza, Italy.

The provision at 52.212-1, Instructions to Offerors-Commercial Products and Commercial Services, and the ADDENDUM to 52.212-1 applies to this acquisition.

The provision at 52.212-2, Evaluation-Commercial Products and Commercial Services, and the ADDENDUM to 52.212-2 applies to this acquisition. The evaluation factors for this acquisition are factor 1: technical and factor 2:

Price.

Offerors shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services, with its offer.

The clause at 52.212-4, Contract Terms and Conditions-Commercial Products and Commercial Services, applies to this acquisition.

The clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Products and Commercial Services, applies to this acquisition, which includes 52.203-6, 52.203-17, 52.204-27, 52.222-35, 52.225-13, and 52.232-30.

All provisions and clauses may be accessed electronically at https://www.acquisition.gov.

QUOTE DUE: Transmission of quotes in response to this RFQ shall be submitted as an electronic version in PDF via email not later than 1:00 P.M. Central European Time (CET) on 11 September 2024.

Questions: All questions concerning the RFQ shall be submitted via email to the following addresses:

mohammed.n.gordon.mil@army.mil AND john.hohng.mil@army.mil not later than 1:00 P.M. Central European Time (CET) on 6 September 2024. Answers to questions received prior to this time and date will be posted to www.sam.gov in an amendment to the solicitation.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Lot

GYM EQUIPMENT

FFP

Gym Equipment IAW Attachment 1 - Salient Characteristics (173rd Gym Equipment)In addition, this requirement is Brand Name (Rogue Fitness) or Equal.Price shall include shipping cost for delivery to Vicenza, Italy and 1 Year OCONUS Warranty.

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

FOB: Destination

PSC CD: 7830

NET AMT

SALIENT CHARACTERISTICS

CLIN Title QTY

Salient Characteristics

- Minimal Needs of the Government

- Ensure to provide a ‘range’ of what is acceptable

Or Equal item (Manufacturer and Model/Part Number)

Medicine Ball

2 EA

Manufacture material may include: rubber, vinyl, nylon, and leather.

-Material subject to choice of awardee Must include one each:

- 9lb -12lb -15lb -18lb -21lb -24lb -27lb -30lb -33lb -36lb -39lb

- Must be new, not used and have minimum 1 Year OCONUS warranty

- Must be neutral in color

Rogue Fitness OR

EQUAL

The preferred unit of measurement for weights is pounds (lbs). However, the equivalent weight in kilograms (kg) may be provided as an alternative.

Kettlebell Set

2 EA

- Manufacture material may include: cast iron, steel, chrome, rubber, and neoprene -Material subject to choice of awardee -ball with a handle attached to the top it is used to perform exercises -Must include two each of the following weight classes:

-9lb -13lb -18lb -26lb -35lb -44lb -53lb -63lb -70lb -80lb -88lb -97lb -106lb

- Must be new, not used and have minimum 1 Year OCONUS warranty

- Must be neutral in color

The preferred unit of measurement for weights is pounds (lbs). However, the equivalent weight in kilograms (kg) may be provided as an alternative.

Dumbbell set

1 EA

-small bars that fit in your hand and have equal weights on either side

- Manufacture material may include: cast iron, steel, chrome, rubber, and neoprene -Must include two each of the following weight classes:

-25lb -30lb -35lb -40lb -45lb -50lb -55lb -60lb -65lb -70lb -75lb -80lb -85lb -90lb -95lb -100lb

- Must be new, not used and have minimum 1 Year OCONUS warranty

- Must be neutral in color The preferred unit of measurement for weights is pounds (lbs). However, the equivalent weight in kilograms (kg) may be

Climbing Rope 25’x1.5”

2 EA

-constructed of polypropylene and polyester or manila. It has a polyboot end attached to make it resistant to fraying -increases physical endurance as it targets the upper body strength

- Must be new, not used and have minimum 1 Year

Vertical Climer or Ladder Climer

2 EA

-cardiovascular climbing exercise machineladder style treadmill where users can bearcrawl or ladder climb for strength and endurance training

Minimum 1 Year OCONUS warranty

- Must be neutral in color

Slide Sled 2 EA

-commercial-grade steel -piece of exercise equipment that provides resistance as the user pushes, pulls, or otherwise moves the sled along a flat surface

- Must be new, not used and have minimum 1 Year

Kettlebell/ medicine ball Storage System

2 EA

- 3-tiered flat tray for kettlebell / medball storage

- Shelf length at least 70”

- Must be new, not used and have minimum 1 Year dumbbell storage system

2 EA

- 3-tiered angled storage system for dumbbells

- shelf length at least 70”

- Must be new, not used and have minimum 1 Year

Weightlifting training bar

8 EA

- general training bar

- Must be new, not used and have minimum 1 Year OCONUS warranty

- Must be neutral in color

The preferred unit of measurement for weights is pounds (lbs). However, the equivalent weight in kilograms (kg) may be

Air resistance exercise bike

8 EA

- Stationary Bike, belt-driven

- Must be new, not used and have minimum 1 Year

Curve Manual Treadmill

2 EA

-manual treadmill, shock-absorbing curved running deck

- Must be new, not used and have minimum 1 Year OCONUS warranty

- Must be neutral in color

Reverse Hyper Extension Machine

2 EA

-device allows for dynamic strength development in the concentric phase, while serving as a rehabilitation mechanism in the eccentric phase

- Must be new, not used and have minimum 1 Year OCONUS warranty

- Must be neutral in color

Indoor Rowing Machine

8 EA

- machine provides a low-impact cardiovascular workout that improves your aerobic fitness.

- Must be new, not used and have minimum 1 Year

Plyometric box

8 EA

-wooden jump box built for safe, effective plyometric training at any skill level.

- 20” x 24” x 30” dimensions

- Must be new, not used and have minimum 1 Year

Barbell Collars

25 EA

-include a spring in the tab for a quicker release, improved rubber pads for a firmer grip on the bar sleeve, and stainless-steel hardware.

- Must be new, not used and have minimum 1 Year

Glute Ham Developer

4 EA

-compact machine is a comprehensive tool for midline stabilization and the strengthening of hamstrings and glutes

- Must be new, not used and have minimum 1 Year

Squat Stand 8 EA

-equipped for squats, bench, pull-ups, clean pulls, floor press, and more, with a bolt-together, triangle-plate base designed for maximum stability -Feature 3x3" 11-gauge steel uprights, and an adjustable fat/skinny pull-up bar

- Must be new, not used and have minimum 1 Year

Adjustable Bench

8 EA

-include six different seat settings and nine additional back rest positions -include load-bearing rubber feet for stability, cordura edges for enhanced durability, and a convenient handle and wheels for easy mobility

- Must be new, not used and have minimum 1 Year

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 02-DEC-2024 1 0173 CS BN CO A

173RD

0173 CS BN CO A DISTRIBUTI CASERMA

DEL DIN B

LE FERRARIN

VICENZA 36100

+1-314-646-3172 FOB: Destination

W81XT4

CLAUSES INCORPORATED BY REFERENCE

52.212-1 Instructions to Offerors--Commercial Products and

Commercial Services

SEP 2023

ADDENDUM TO FAR 52.212-1

ADDENDUM TO FAR 52.212-1 INSTRUCTIONS TO OFFERORS

1. This acquisition will be conducted in accordance with FAR Part - 12 Acquisition of Commercial Items, FAR -

13.5 Simplified Procedures for Certain Commercial Items and as supplemented by the agency. The resultant contract will be Firm-Fixed Price (FFP). All responsible sources may submit a response which, if timely received, will be considered by the agency. Failure of an offeror to conform with the RFQ submission requirements may result in the offeror being determined non-compliant and ineligible for award.

QUOTE DUE: Transmission of quotes in response to this RFQ, shall be submitted as an electronic version in Microsoft Word, or PDF, via email not later than 2:00 P.M. Central European Time (CET) on 11 September 2024 to the following email addresses: mohammed.n.gordon.mil@army.mil and john.hohng.mil@army.mil. Email submittal shall be less than 10 MBs. If the submission exceeds 10 MBs, the quoter shall send quote in multiple emails less than 10 MBs each. It is the Quoter’s responsibility to ensure the Quote is received by the Government no later than the required date and time.

QUESTIONS: All questions concerning the solicitation shall be submitted via email to the following addresses:

mohammed.n.gordon.mil@army.mil and john.hohng.mil.@army.mil no later than 1:00 P.M. Central European Time (CET) on 6 September 2024. All questions shall be submitted in English.

Quote Validity: Quotes submitted shall be valid for 45 days.

Required Delivery Date: 30 November 2024 Delivery Location: 0173 CS BN CO A Distributi Caserma Del Din Bldg 98 Viale Ferrarin, Vicenza, Agrigento, 36100 Italy

2. The quoter submittal shall include the following Volumes:

Volume Description/ Title I Volume I/ Factor I: Technical

II Volume II/ Factor II – Prices

III Volume III: Mandatory Documentation Required

3. Volume Content: Each Volume shall contain the information outline below:

a. Volume 1/ Factor 1: Technical The Offeror shall identify the name, make and model for each gym equipment proposed to meet the requirements for each CLIN.

The Offeror shall submit pictures with salient characteristics/ specifications for each item quoted for Factor 1. The specifications shall clearly shows the proposed item fully meet the technical requirements delineated in the salient characteristics. Failure to provide adequate documentation that clearly shows that the proposed item fully meets the technical requirements may result in a proposal rating of Unacceptable and ineligible for award.

b. Volume 2 / Factor 2: Price:

For each Contract Line Item Number (CLIN) a quote is provided for, the Quoter shall fill in directly on the RFQ the CLINs unit price and total cost. Quotes submitted in response to this solicitation will be in terms of EUROS. Quotes received in other than EUROS shall be rejected. Current exchange rate is 1€=$ 1.1654.

c. Volume 3/ Admin Volume:

The U.S. Government requires the Quoter submit the following documentation/certification to ensure the prospective contractor currently meets the applicable standards in Federal Acquisition Regulation 9.104 – Standards for the determination of responsibility. Failure to provide the following documentation may result in the quoter being determined non-compliant by the Contracting Officer and therefore ineligible for award.

a. Quoters must provide a current and valid copy of a Chamber of Commerce Certificate of Membership (Certificato Storico di Iscrizione alla Camera di Commercio). Self-certifications are NOT allowed and will be rejected. The business purpose (oggetto sociale) shall be relevant of the requirements within the salient characteristics. The Chamber of Commerce Certificate is for Italian companies only.

b. Proof of registration in SAM.gov.

In order to be awarded a contract, a vendor must be registered in the System for Award Management (SAM) website (https://www.sam.gov/portal/public/SAM/). Please ensure that your firm is registered with SAM and that all information is current. Within your SAM registration, please ensure the following required provisions are completed: 52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services;

52.204-26 Covered Telecommunications Equipment Or Services--Representation (Dec 2019); 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021).

If you are not registered or your information is not current, you need to go to https://www.sam.gov/portal/public/SAM/ and fill out a web based application. It takes two to three business days to receive a UEI number and two to three business days to receive a CAGE code. Please begin the process as soon as you receive this RFQ in order to speed up the contracting process in the event that you are the winning quoter.

c. The Quoter must provide Attachment 1 - "Self-Certification for Anti-mafia" duly filled out. Only for Italian Companies who plan to perform as Prime.

The above requirements for the Mandatory Documentation Volume will not be evaluated and will not receive an assessed rating; rather, the requirements will be addressed in the Contracting Officer’s responsibility determination.

If, prior to award, the Government has questions regarding the potential awardee’s Mandatory Documentation Volume, the communications and questions are not part of discussions as defined in FAR 15.306, Exchanges with Offerors After Receipt of Proposals.

Although past performance may not be used as an evaluation factor, sources available to the Government will be used as part of the responsibility determination made IAW FAR 9.104-1. The Government reserves the right to obtain information relative to present and past performance on its own.

Army Contract Writing System (ACWS) Transition Information for Offerors

a. The Army Contracting Enterprise (ACE) is in the process of deploying new solicitation and contract writing software to Army contracting offices worldwide. Known as the Army Contract Writing System (ACWS), this modern software suite will soon replace most existing Army contract writing systems, including the system used to create and release this Solicitation.

b. During this transition period, Offerors are hereby advised:

1. The Contracting Office may use any combination of contract writing systems to create and release documents related to this solicitation (e.g. solicitation amendments and awards, if any). Due to this:

i. This solicitation may contain different offer submission instructions than other solicitations released by the same Contracting Office (e.g. requiring offer submission via the PIEE Solicitation Module vs. e-mail). Offerors should review all offer submission instructions contained in the solicitation documents and direct any questions or concerns to the Contract Specialist or Contracting Officer.

ii. If the Contracting Office switches contract writing systems prior to award, documents you receive from the Contracting Officer or view on SAM.gov or other forums may appear noticeably different than the initial solicitation or previous solicitations or awards from the same Contracting Office. This is normal and expected.

iii. A change between contract writing systems may cause important information concerning solicitation response (amendments) or accepted terms (awards) to take on different formatting or appear in different parts of later documents issued. Offerors shall review all documents carefully to locate this important information and direct any questions or concerns to the Contract Specialist or Contracting Officer.

2. The Government does not intend to use the transition between contract writing systems to effect any changes to solicitation or award terms and conditions without accompanying document narratives explicitly stating such changes are deliberate and desired. While the Contract Specialist and Contracting Officer will take care to minimize or eliminate any inadvertent changes when adapting to the new contract writing software, you, as the Offeror, may still be the first to spot such errors. Therefore, Offerors shall:

i. Notify the Contracting Officer immediately if any observed changes, removals, or additions affect your award eligibility, violate or alter existing quote/proposal terms, or could affect Contract performance post-award.

ii. Take special care to ensure all fill-in Clauses are populated and remain populated across documents received from the Contracting Office throughout the Solicitation and Award process.

iii. Contact the Contracting Officer listed on the first page of the solicitation or solicitation amendment for guidance if you notice or suspect any inadvertent change has occurred between document issuances.

3. The Contracting Officer will correct problems affecting award documents (if any) via bilateral modification, at no cost to the Contractor. Any such modification will reconcile the award with the latest version of this solicitation reflecting deliberate action by the Contracting Officer (e.g. the first issuance if no amendments, or the latest amendment with accompanying narratives), inclusive of any documented pre-award negotiations or accepted supplemental offer terms.

4. In the unlikely event a network disruption, contract writing system error, or financial system error threatens timely award of the requirement set forth in this solicitation, the Contracting Officer:

i. May elect to use alternative mechanisms to obligate funds and allow work or deliveries to legally begin to the benefit of, and with legal protection for, both parties.

ii. Will incorporate the latest version of this Solicitation into such mechanisms to serve as a framework for contract execution until any such system problems are resolved.

iii. Will ensure any action taken does not conflict with the stated offer evaluation and award methodology of this requirement.

iv. Will issue a complete, properly-formatted award accurately reflecting this requirement and all applicable terms and conditions once systems return to normal.

52.212-2 Evaluation - Commercial Items NOV 2021

ADDENDUM TO 52.212-2

ADDENDUM TO 52.212-2

Basis of Award:

1. The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered.

2. Before awarding, the Government will make a responsibility determination by analyzing whether the apparent successful Quoter complies with the requirements within Volume III - Mandatory Documentation and the requirements within FAR subpart 9.104.

3. Evaluation: The provided quote shall be evaluated to ensure the Government receives a technically acceptable product at a fair and reasonable price. The selection for award will be based on the following evaluation factors:

Factor 1 – Technical (Purchase Description/Salient Characteristic) Factor 2 – Price

The Government’s evaluators will not assume the vendor’s quote possesses any capability or knowledge unless it is specified in the quotation. The Quoter’s initial quote shall contain the Quoter’s best terms— technical and price. The Government intends to evaluate and award the contract without discussions.

However, the Government reserves the right to conduct discussions if necessary. If the above non-price factors receive an individual rating of “Unacceptable,” the Offeror’s quote shall be deemed “Unacceptable.” Only a quote receiving and overall rating of “Acceptable” shall be considered for award.

Technical Acceptable/Unacceptable Ratings

Rating Description Acceptable The offeror submits technical data that meets the minimum salient characteristics of all products and comply with solicitation requirement.

Unacceptable The offeror did not submit technical data that meets the minimum salient characteristics of all products and fail to comply with solicitation requirement.

4. Evaluation Criteria:

Factor 1 – Technical: The Government will evaluate the Quoter’s provided Technical Factor to ensure technical specification documents for each item quoted for Factor 1 which clearly shows the proposed item fully meets the technical requirements for the items required in each CLIN. Failure to provide adequate documentation that clearly shows the proposed item fully meets the technical requirements will result in a proposal rating of Unacceptable and ineligible for award.

Factor 2 – Price: A price analysis will be conducted to determine the reasonableness of the total evaluated price to support the selection of the lowest priced, technically acceptable quote(s). Quotes will be evaluated to ensure fair and reasonable pricing, and the prices quoted are realistic and unbalanced. Offerors shall annotate any applicable discounts Original Equipment Manufacturer warranties given to the Government.

52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-26 Covered Telecommunications Equipment or Services-- Representation.

OCT 2020

52.204-27 Prohibition on a ByteDance Covered Application JUN 2023 52.211-6 Brand Name or Equal AUG 1999 52.212-3 Alt I Offeror Representations and Certifications--Commercial

Products and Commercial Services (MAY 2024) Alternate I

FEB 2024

52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services

NOV 2023

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2024 52.225-14 Inconsistency Between English Version And Translation Of

Contract

FEB 2000

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

JUN 2020

52.232-1 Payments APR 1984 52.232-23 Assignment Of Claims MAY 2014 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

MAR 2023

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.243-1 Changes--Fixed Price AUG 1987 52.247-34 F.O.B. Destination NOV 1991 52.252-1 Solicitation Provisions Incorporated By Reference FEB 1998 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

SEP 2022

252.203-7005 Representation Relating to Compensation of Former DoD Officials

SEP 2022

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7015 Notice of Authorized Disclosure of Information for Litigation

Support

JAN 2023

252.204-7024 Notice on the Use of the Supplier Performance Risk System MAR 2023 252.223-7008 Prohibition of Hexavalent Chromium JAN 2023 252.225-7001 Buy American and Balance of Payments Program FEB 2024 252.225-7002 Qualifying Country Sources As Subcontractors MAR 2022 252.225-7021 Trade Agreements--Basic FEB 2024 252.225-7041 Correspondence in English JUN 1997 252.225-7048 Export-Controlled Items JUN 2013 252.225-7055 Representation Regarding Business Operations with the

Maduro Regime

MAY 2022

252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime

JAN 2023

252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region - Representation

JUN 2023

252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region

JUN 2023

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7008 Assignment of Claims (Overseas) JUN 1997 252.232-7010 Levies on Contract Payments DEC 2006 252.233-7001 Choice of Law (Overseas) JUN 1997 252.244-7000 Subcontracts for Commercial Products or Commercial

Services

NOV 2023

252.246-7008 Sources of Electronic Parts JAN 2023 252.247-7023 Transportation of Supplies by Sea JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

(a) Definitions. As used in this provision--

Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

Registered in the System for Award Management (SAM) means that--

(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14) into SAM;

(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in SAM;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record ``Active''.

Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b)(1) An Offeror is required to be registered in SAM when submitting an offer or quotation, and shall continue to be registered until time of award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation ``Unique Entity Identifier'' followed by the unique entity identifier that identifies the Offeror's name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in SAM.

(c) If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information:

(1) Company legal business name.

(2) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(3) Company physical street address, city, state, and Zip Code.

(4) Company mailing address, city, state and Zip Code (if separate from physical).

(5) Company telephone number.

(6) Date the company was started.

(7) Number of employees at your location.

(8) Chief executive officer/key manager.

(9) Line of business (industry).

(10) Company headquarters name and address (reporting relationship within your entity).

(d) Processing time should be taken into consideration when registering. Offerors who are not registered in SAM should consider applying for registration immediately upon receipt of this solicitation. See https://www.sam.gov for information on registration.

(End of Provision)

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

(a) Definitions. As used in this clause--

Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management (SAM) records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

Registered in the System for Award Management (SAM) means that--

(1) The Contractor has entered all mandatory information, including the unique entity identifier and the EFT indicator (if applicable), the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14), into SAM;

(2) The Contractor has completed the Core, Assertions, Representations and Certifications, and Points of Contact sections of the registration in SAM;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record ``Active''.

System for Award Management (SAM) means the primary Government repository for prospective Federal awardee and Federal awardee information and the centralized Government system for certain contracting, grants, and other assistance-related processes. It includes—

(1) Data collected from prospective Federal awardees required for the conduct of business with the Government;

(2) Prospective contractor-submitted annual representations and certifications in accordance with FAR subpart 4.12;

and

(3) Identification of those parties excluded from receiving Federal contracts, certain subcontracts, and certain types of Federal financial and non-financial assistance and benefits.

Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b) If the solicitation for this contract contained the provision 52.204-7 with its Alternate I, and the Contractor was unable to register prior to award, the Contractor shall be registered in SAM within 30 days after award or before three days prior to submission of the first invoice, whichever occurs first.

(c) The Contractor shall maintain registration in SAM during contract performance and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement. The Contractor is responsible for the currency, accuracy and completeness of the data within SAM, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in SAM after the initial registration, the Contractor is required to review and update on an annual basis, from the date of initial registration or subsequent updates, its information in SAM to ensure it is current, accurate and complete. Updating information in SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(d)(1)(i) If a Contractor has legally changed its business name or ``doing business as'' name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to--

(A) Change the name in SAM;

(B) Comply with the requirements of subpart 42.12 of the FAR; and

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor shall provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (d)(1)(i) of this clause, or fails to perform the agreement at paragraph (d)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the ``Suspension of Payment'' paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR subpart 32.8, Assignment of Claims). Assignees shall be separately registered in SAM. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the ``Suspension of Payment'' paragraph of the EFT clause of this contract.

(3) The Contractor shall ensure that the unique entity identifier is maintained with the entity designated at www.sam.gov for establishment of the unique entity identifier throughout the life of the contract. The Contractor shall communicate any change to the unique entity identifier to the Contracting Officer within 30 days after the change, so an appropriate modification can be issued to update the data on the contract. A change in the unique entity identifier does not necessarily require a novation be accomplished.

(e) Contractors may obtain additional information on registration and annual confirmation requirements at https://www.sam.gov.

(End of clause)

52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (AUG 2020)

(a) Definitions. As used in this provision--

Commercial and Government Entity (CAGE) code means—

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

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.

(b) The Offeror represents that it [ ___ ] has or [ ___ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (c) and if applicable, paragraph (d) of this provision for each participant in the joint venture.

(c) If the Offeror indicates ``has'' in paragraph (b) of this provision, enter the following information:

Immediate owner CAGE code:

Immediate owner legal name: ___

(Do not use a ``doing business as'' name)

Is the immediate owner owned or controlled by another entity?:

[ ___ ] Yes or [ ___ ] No.

(d) If the Offeror indicates ``yes'' in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:

Highest-level owner CAGE code:

Highest-level owner legal name:

(Do not use a ``doing business as'' name)

(End of provision)

52.204-24 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 and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

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

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

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

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

(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) Representations. The Offeror represents that--

(1) It [ ___ ] will, [ ___ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

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

It [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

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

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL 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;

(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"--

(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,…