Solicitation HT940624Q0073.pdf

SEE ADDENDUM

(No Collect Calls)

HT940624Q0073 14-Aug-2024

b. TELEPHONE NUMBER

726-203-0035

8. OFFER DUE DATE/LOCAL TIME

12:00 PM 17 Sep 2024

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA X ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

HT94069. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

ERIN BISER

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

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

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

DHA CONTRACTING OFFICE TIDEWATER HT9406

7700 ARLINGTON BLVD

FALLS CHURCH VA 22042

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE HT0443 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

NAVAL HOSPITAL BEAUFORT - MMWAWF

NAVAL HOSPITAL BEAUFORT - MMWAWF

MATERIEL MANAGEMENT DEPARTMENT

NAVAL HOSPITAL BOX 6127B

BEAUFORT SC 29902-6148

TEL: FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$12,500,000

NAICS:

811310

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF52

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

HT940624Q0073

Section SF 1449 - CONTINUATION SHEET

INSTRUCTIONS TO OFFERORS

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 separate written solicitation will not be issued. Solicitation number HT940624Q0073 is issued as a request for quotation (RFQ).

I. INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS – QUOTATION

PREPARATION INSTRUCTIONS.

A. Offerors shall clearly demonstrate their ability to meet the requirements and deliverable schedule as outlined in the associated solicita on.

B. As set forth in FAR 52.212-1 (g), Contract award, the Government intends to evaluate quota ons and award one contract without discussions with offerors. The offerors’ ini al quota on should contain the offerors best terms from a price and technical standpoint. The Government reserves the right to conduct discussions if the Contrac ng Officer later determines it necessary.

C. Ques ons.

All inquiries shall be submi ed via email to the contractual point of contact (POC). Inquiries shall state a specific reference sec on/paragraph/page or PWS. All ques ons will be responded to as an Amendment to the Solicita on. Incomplete inquiries may be rejected and/or returned for correc ons. Ques ons shall be submi ed via e-mail as follows:

No later than Tuesday, 3 September 2024 by 12:00 P.M. Eastern Daylight Savings Time (EDST) To: Erin Biser, Contract Specialist erin.l.biser.civ@health.mil and Mary Shiffle , Contrac ng Officer mary.e.shiffle 2.civ@health.mil

D. Please reference the Request for Proposal (RFP) number (HT940623Q0073) in the subject line of email communica ons. Offerors quota ons shall not be deemed received by the Government un l the quota on is entered in the Contrac ng Officer’s e-mail inbox: dha.detrick.acquis-procure.list.branch-4-mailboxowners@health.mil, erin.l.biser.civ@health.mil, AND mary.e.shiffle 2.civ@health.mil

E. SUBMITTAL INSTRUCTIONS.

1. SUBMIT ONE QUOTE VIA EMAIL. The proposal shall be organized, concise, and tabbed. Each factor shall be described in a separate tabbed sec on. Those Offerors that meet the requirement described in this announcement and wish to be considered must submit one (1) electronic email with the RFP response no later than 12:00 PM, 17 September 2024 to ALL of following email addresses: dha.detrick.acquis-procure.list.branch-4-mailboxowners@health.mil, erin.l.biser.civ@health.mil, AND mary.e.shiffle 2.civ@health.mil

2. Each submi al shall contain the following informa on:

a) Cover and tle page per FACTOR

b) Title of the FACTOR and qualifica on number as applicable

c) Offeror’s name, address, and Point of Contract (POC) for Contractual Authority

d) RFP number

e) Use of page numbers, tabs, and dividers is highly encouraged

3. Proposal Expenses and Pre-Contract Costs

a) The RFP solicita on does not commit the Government to pay any costs incurred in the prepara on and submission of a proposal or for any other costs incurred by any offeror submi ng a proposal in response to this solicita on. Offerors are cau oned against submi ng condi onal RFP.

b) The Government will not make assump ons concerning intent, capabili es, or experiences. Clear iden fica on of proposal details shall be the sole responsibility of the offeror.

c) Failure to clearly address all submi al requirements, evalua on criteria and informa on requirements of the RFP above may result in rejec on of the submission.

INFORMATION SHEET

1. Contractor Compliance: The contractor shall not comply with any order, direction, or request of Government personnel unless it is issued in writing and signed by the Contracting Officer or is pursuant to specific authority otherwise included as a part of this contract. Doing so places the contractor at risk of nonpayment.

2. Payment: Payment for this action will be made by Electronic Funds Transfer (EFT) through the Defense Finance and Accounting Services (DFAS) utilizing Wide Area Workflow (WAWF). See DFARS 252.232-7006 Wide Area Workflow Payment Instructions for more information.

3. Contact Information:

Contracting Officer’s Representative (COR)

TBD

Contracting Officer – DHACA-SEM-CD Name: Mary Shifflett Email: mary.e.shifflett2.civ@health.mil

Contract Specialist – DHACA-SEM-CD Name: Erin Biser Email: erin.l.biser.civ@health.mil

Contractor/Vendor Name:

POC:

Phone:

Email:

Cage:

UEI:

PRODUCT/SERVICES FOR:

Naval Medical Readiness and Training Command Beaufort (NMRTC), SC

PERFORMANCE WORK STATEMENT

Department of Defense Defense Health Agency

Performance Work Statement

This is a full service contract providing the following services and repairs for a MRI Coach

06 May 2024

Navy Medicine Readiness Training Center Beaufort

1.0 GENERAL INFORMATION

1.1 This is a non-personal services contract to provide HVAC (Heating, Ventilation, and Air Conditioning)/Chiller services, Preventive Maintenance (PM), and Repairs to MRI Coach.

1.1.1 Description of services/introduction: The contractor shall provide full service contract for the MRI coach to include chillers, electrical, lift and all things included in the MRI coach except for the MRI equipment. Contractor to provide all tools, parts and material to include oil, filters, freon, lubricants and cleaning materials to carry out maintenance and repair services. Preventative Maintenance to occur quarterly and bi-annually as dictated by 2.0 of the Performance Work Statement.

1.1.2 Background: US Naval Hospital Beaufort, 1 Pinckney Boulevard, Beaufortl SC has the need for a full service contract to complete MRI Chiller and HVAC service preventive maintenance and repairs on the MRI Coach except MRI equipment.

1.1.3 Scope: On site preventative maintenance and repairs to MRI Coach HVAC / Chiller. Services include routine PM, maintenance and repairs.

MRI Coach Specifications COACH / built by Kentucky trailer and Advanced Mobility Date MGF 10-2019 JOB Number 11062 Identification number is 1S9AC6029LS834672 System number AMSTPI-034-T

1.1.4 Period of Performance (PoP): Base Year plus 4 Option Years Base 1 November 2024 – 31 October 2025 OY1 1 November 2025 – 31 October 2026 OY2 1 November 2026 – 31 October2027 OY3 1 November 2027 – 31 October 2028 OY4 1 November 2028 – 31 October 2029 Subject to FAR 52.217-8 Option to Extend Services. This contract may be extended to 1 August 2029 – 31 January

1.2 Administrative specifications

1.2.1 Place of performance: The work shall be performed at Naval Hospital Beaufort MRI Coach, 1 Pincklney Boulevard, Beaufort, SC 29902.

1.2.2 Recognized Federal holidays: Contractor is not required to provide services on All Federal Holidays and Presidential Executive Orders.

1.2.3 Hours of operation: The contractor is responsible for conducting business Monday thru Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. The contractor shall at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons.

1.3 Contractor Identification

1.3.1 Contractor personnel performing services in a contractor capacity in a Government facility are required to possess and wear an identification badge that displays his or her name and the name of their company. Ensure all those with whom the person interacts in any face-to-face dealings while supporting the Governemnt understands that the person is contractor support personnel.

2.0 SPECIFIC TASKS

2.1 PREVENTIVE MAINTENANCE.

2.1.1 HVAC: The contractor shall provide preventative maintenance and repairs 4 times per year.

2.1.1.1 Inspect/change filters

2.1.1.2 Inspect Thermostats

2.1.1.3 Verify heat strip operation

2.1.1.4 Inspect/clean evaporator coil

2.1.1.5 Clean/inspect condenser coils

2.1.1.6 Inspect electrical contactors

2.1.1.7 Verify refrigerant pressures

2.1.1.8 IInspect refrigeration piping abrasion

2.1.1.9 Lubricate fan motors if applicable

2.1.1.10 Inspect all covers/fasteners

2.1.1.11 Verify compressor amp draw

2.1.1.12 Verify condensate pans/drains

2.1.1.13 Verify condenser motor operation

2.1.2 Chiller: The contractor shall provide preventative maintenance and repairs every 6 months.

2.1.2.1 Inspect electrical contactors

2.1.2.2 Verify refrigerant pressures

2.1.2.3 Inspect refrigeration piping abrasion

2.1.2.4 Inspect pump seal

2.1.2.5 Lubricate motors

2.1.2.6 Clean/replace aluminum filters

2.1.2.7 Inspect covers/fasteners

2.1.2.8 Verify operating/alarm controls

2.1.2.9 Verify CW supply temp 45-75 F

2.1.2.10 Inspect/replace glycol filter

2.1.2.11 Clean/ inspect condensing coils

2.1.2.12 Verify/adjust glycol level

2.1.2.13 Verify Condenser motor operation

2.1.3 Coach: The contractor shall provide preventative maintenance and repairs 4 times per year.

2.1.3.1 Test/inspect lift gate

2.1.3.2 Inspect rails/ pins

2.1.3.3 Inspect lift fittings/pivot points

2.1.3.4 Clean / lubricate slide rails

2.1.3.5 Verify lift transport warning switches/lights are working & operation switches/remote

2.1.3.6 Inspect/Clean 12 volt battery terminals & cables load test battery

2.1.3.7 Inspect lift hydraulic pump cylinders hoses fittings for leaks & verify fluid level

2.1.3.8 Verify van battery charger

2.1.3.9 Verify roll door controls

2.1.3.10 Inspect roll door mounting bolts

2.1.3.11 Inspect roll door clutch/hardware

2.1.3.12 Inspect roll door side track rails

2.1.3.13 Inspect roll door key way

2.1.3.14 Clean and lubricate roll door rails chains and cylinder wear block

2.1.3.15 Inspect awning

2.1.3.16 Inspect bay door shocks/hardware

2.1.3.17 Verify bay light operation

2.1.3.18 Inspect clean and RF door gasket. Verify RF door operation

2.1.3.19 Verify RF door lock and the handle operate correctly

2.1.3.20 Check RF door for binding and loose hardware.

2.1.3.21 Check door hinges/stops/latches for proper operation

2.1.3.22 Inspect Slide outs for operation

2.1.3.23 Inspect Slide out compressor

2.1.3.24 Empty compressor drain and verify Y-strainer is cleaned out

2.1.3.25 Check Fire system Last Inspection Date:

2.1.3.26 Inspect stair mounts

2.1.3.27 Inspect interior flooring

2.1.3.28 Verify bay heater operation

2.1.3.29 Inspect cabinet latches and hinges

2.1.3.30 Verify phone/communication lines

2.1.3.31 Inspect landing gear

2.1.3.32 Inspect locking pins

2.1.3.33 Inspect air drive or air/hydraulic

2.1.3.34 Inspect air tanks

2.1.3.35 Verify hub fluid levels

2.1.3.36 Inspect undercarriage/frame

2.1.3.37 Inspect airbags/airlines/fittings

2.1.3.38 Inspect shocks/bushings

2.1.3.39 Inspect Tires - advise of any issues

2.1.3.40 Note hub meter mileage: 68968 miles.

2.1.4 Generator: The contractor shall provide preventative maintenance and repairs once per year.

2.1.4.1 Clean fuel/water separator & replace filter

2.1.4.2 Lamp test on control panel

2.1.4.3 Inspect fuel lines & injectors

2.1.4.4 Change oil/filters- 250 hours

2.1.4.5 Check crankcase breather

2.1.4.6 Check hoses/belts

2.1.4.7 Verify radiator coolant level

2.1.4.8 Verify coolant freeze point & pH

2.1.4.9 Verify block heater operation

2.1.4.10 Inspect housing mounting bolts

2.1.4.11 Inspect muffler/brackets

2.1.4.12 Verify battery charging voltage

2.1.4.13 Load test battery/clean terminals

2.1.4.14 Verify voltage & hertz output

2.1.4.15 Record hours run since last P.M. (540.5 hours) Recorded Generator Hours

2.1.4.16 Ground Continuity Test and record the results (Very Important)

2.1.5 Electrical: The contractor shall provide preventative maintenance and repairs 4 times per year.

2.1.5.1 Inspect breakers and panels

2.1.5.2 Inspect lighting and bulbs

2.1.5.3 Inspect power cord and plug, tighten any loose connections to the plug wire

2.1.5.4 Inspect 110 volt outlets

2.1.6 Humidifier: The contractor shall provide preventative maintenance and repairs 4 times per year

2.1.6.1 Inspect/replace steam tank

2.1.6.2 Verify humid control set point

2.1.6.3 Inspect/fill water reservoir

2.1.6.4 Clean fill and drain valves

2.1.6.5 Verify 12 volt pump

2.1.6.6 Change humidifier canister

2.1.7 Contractor Responsibility: The contractor shall provide all tools, parts and materials including oil, filters, freon, lubricants and cleaning materials to carry out the maintenance services specified above. Maintenance and services to coach brakes and tires are not included.

2.1.8 Technical Support: Contractor to provide 24 hour service number with maximum response time of 4 hours.

3.0 Qualifications/Considerations

3.1 Special Qualifications/Considerations: The contractor shall be certified in the following:

• MRI certified to work on coach

• EPA Certification

• R-410A Certification

• Indoor Air Quality Certification

• NATE Certification

• Preventive Maintenance HVAC Certification

• Lift Gate Certified

• Generator Certified

4.0 Points of Contact

4.1 Points of Contact: TBD

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Lot MRI Coach Services, Repairs and PM

FFP

The contractor shall provide full service contract for the MRI coach to include chillers, HVAC, electrical, lift and all things included in the MRI coach except for the MRI equipment. Contractor to provide all tools, parts and material to include oil, filters, freon, lubricants and cleaning materials to carry out maintenance and repair services. Preventative Maintenance to occur four times a year at three month intervals. See Performance Work Statement. for scope and item details. Period of Performance 01 November 2024 through 31 October 2025 FOB: Destination J036

NET AMT

1001 1 Lot OPTION MRI Coach Services, Repairs and PM

FFP

The contractor shall provide full service contract for the MRI coach to include chillers, HVAC, electrical, lift and all things included in the MRI coach except for the MRI equipment. Contractor to provide all tools, parts and material to include oil, filters, freon, lubricants and cleaning materials to carry out maintenance and repair services. Preventative Maintenance to occur four times a year at three month intervals. See Performance Work Statement. for scope and item details. Period of Performance 01 November 2025 through 31 October 2026

2001 1 Lot OPTION MRI Coach Services, Repairs and PM

FFP

The contractor shall provide full service contract for the MRI coach to include chillers, HVAC, electrical, lift and all things included in the MRI coach except for the MRI equipment. Contractor to provide all tools, parts and material to include oil, filters, freon, lubricants and cleaning materials to carry out maintenance and repair services. Preventative Maintenance to occur four times a year at three month intervals. See Performance Work Statement. for scope and item details. Period of Performance 01 November 2026 through 31 October 2027

3001 1 Lot OPTION MRI Coach Services, Repairs and PM

FFP

The contractor shall provide full service contract for the MRI coach to include chillers, HVAC, electrical, lift and all things included in the MRI coach except for the MRI equipment. Contractor to provide all tools, parts and material to include oil, filters, freon, lubricants and cleaning materials to carry out maintenance and repair services. Preventative Maintenance to occur four times a year at three month intervals. See Performance Work Statement. for scope and item details. Period of Performance 01 November 2027 through 31 October 2028

4001 1 Lot OPTION MRI Coach Services, Repairs and PM

FFP

The contractor shall provide full service contract for the MRI coach to include chillers, HVAC, electrical, lift and all things included in the MRI coach except for the MRI equipment. Contractor to provide all tools, parts and material to include oil, filters, freon, lubricants and cleaning materials to carry out maintenance and repair services. Preventative Maintenance to occur four times a year at three month intervals. See Performance Work Statement. for scope and item details. Period of Performance 01 November 2028 through 31 October 2029

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 1001 Destination Government Destination Government 2001 Destination Government Destination Government 3001 Destination Government Destination Government 4001 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-NOV-2024 TO

31-OCT-2025

N/A NAVAL HOSPITAL BEAUFORT - MMWAWF

NAVAL HOSPITAL BEAUFORT - MMWAWF

MATERIEL MANAGEMENT DEPARTMENT

NAVAL HOSPITAL BOX 6127B

BEAUFORT SC 29902-6148

HT0443

1001 POP 01-NOV-2025 TO

31-OCT-2026

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 01-NOV-2026 TO

31-OCT-2027

N/A (SAME AS PREVIOUS LOCATION)

3001 POP 01-NOV-2027 TO

31-OCT-2028

N/A (SAME AS PREVIOUS LOCATION)

4001 POP 01-NOV-2028 TO

31-OCT-2029

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-17 Ownership or Control of Offeror 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

52.204-20 Predecessor of Offeror AUG 2020 52.204-21 Basic Safeguarding of Covered Contractor Information

Systems

NOV 2021

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities

DEC 2023

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

52.204-27 Prohibition on a ByteDance Covered Application JUN 2023 52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for Debarment

NOV 2021

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.212-1 Instructions to Offerors--Commercial Products and Commercial Services

SEP 2023

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

NOV 2023

52.215-1 Instructions to Offerors--Competitive Acquisition NOV 2021 52.217-5 Evaluation Of Options JUL 1990 52.222-3 Convict Labor JUN 2003 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-22 Previous Contracts And Compliance Reports FEB 1999 52.222-25 Affirmative Action Compliance APR 1984 52.222-26 Equal Opportunity SEP 2016 52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020 52.222-41 Service Contract Labor Standards AUG 2018 52.222-50 Combating Trafficking in Persons NOV 2021

52.222-51 Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements

MAY 2014

52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026

JAN 2022

52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2022 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2024 52.223-22 Public Disclosure of Greenhouse Gas Emissions and

Reduction Goals -- Representation.

DEC 2016

52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.226-8 Encouraging Contractor Policies To Ban Text Messaging

While Driving

MAY 2024

52.229-11 Tax on Certain Foreign Procurements--Notice and Representation

JUN 2020

52.232-33 Payment by Electronic Funds Transfer--System for Award Management

OCT 2018

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.242-17 Government Delay Of Work APR 1984 52.247-34 F.O.B. Destination NOV 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense- Contract-Related Felonies

JAN 2023

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

252.204-7000 Disclosure Of Information OCT 2016 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7009 Limitations on the Use or Disclosure of Third-Party

Contractor Reported Cyber Incident Information

JAN 2023

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

MAY 2024

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

JAN 2023

252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation

DEC 2019

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation

MAY 2021

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.204-7022 Expediting Contract Closeout MAY 2021 252.204-7024 Notice on the Use of the Supplier Performance Risk System MAR 2023 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of Terrorism

MAY 2019

252.215-7008 Only One Offer DEC 2022 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.223-7008 Prohibition of Hexavalent Chromium JAN 2023

252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime

JAN 2023

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Products or Commercial

Services

NOV 2023

252.247-7023 Transportation of Supplies by Sea JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

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.

(End of provision)

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT

2020)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) 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”.

(c) Representations.

(1) The Offeror represents that it [ ___ ] does, [ ___ ] 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.

(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 any equipment, system, or service that uses covered telecommunications equipment or services.

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

(SEP 2023)

ADDENDUM TO FAR 52.212-1, INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS:

Paragraph (c) is changed to read: Period for acceptance of offers. The Offeror agrees to hold the prices in its offer firm for 60 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(a) 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. The following factors shall be used to evaluate offers:

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party.

Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

ADDENDUM TO FAR 52.212-2, BASIS OF AWARD:

A. The Government intends to evaluate quotations and issue a firm fixed price contract based on the initial quotations received, utilizing FAR SUBPART 12.6- STREAMLINED PROCEDURES FOR EVALUATION AND SOLICITATION FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES. The Government will evaluate quotes utilizing the procedures found at FAR 12.602 Streamlined Evaluation of Offers. The Government reserves the right to request revised quotations from, or negotiate final contract terms with, one or more, but not all, Offerors if later determined by the Contracting Officer to be necessary. The Government may reject any or all quotations if such action is in the public interest and issue a contract to other than the Offeror with the lowest priced quotation.

B. Incomplete quotations may be considered non-responsive and removed from further consideration.

Quotations shall be clearly and concisely written as well as being neat, indexed (cross-indexed as appropriate) and logically assembled. All pages of each part shall be appropriately numbered and identified with the name of the offeror, the date, and the solicitation number.

C. BASIS FOR AWARD.

The Government will consider price and technical nonprice factors to determine the quotation that is most advantageous and represents the Best Value to the Government. The Government will not use the formal source selection procedures described in FAR part 15. The Government will evaluate quotations utilizing the procedures of FAR 12.602 Streamlined Evaluation of Offers. This will be a firm fixed price contract.

EVALUATION CRITERIA. Evaluation of Technical Capability will be based on the information provided in the quotation. Documentation submitted in the quotation shall be evaluated to determine that the proposed equipment meets or exceeds the Governments minimum required specifications.

Failure to clearly and unambiguously demonstrate this will result in an “unacceptable” rating.

FACTOR 1: TECHNICAL APPROACH, Volume 1 FACTOR 2: PAST PERFORMANCE, Volume 2 FACTOR 3: PRICE, Volume 3

FACTOR 1 - TECHNICAL APPROACH (VOL. 1)

1. The TECHNICAL APPROACH (capabilities) is defined as the vendor’s proposed solution(s) to successfully fulfill the contract requirements.

2. SUBMITTAL REQUIREMENTS.

The vendor shall submit technical approach and capability documentation which may include a narrative, charts, graphs, tables, drawings, product / service literature, and demonstrated authority to provide the necessary items and perform the required services identified in the specification / statement of work. The documentation shall clearly describe, in sufficient detail, the vendor's authority, proposed items, resources and methods to successfully fulfill the requirements including specifications, performance capability requirements, delivery schedules, warrantties and all service requirements per the Request for Quotations.

3. BASIS OF EVALUATION

Evaluation of this factor is a subjective evaluation of the vendor's demonstrated resources, capability, and methods to meet all requirements. This factor will be evaluated on an Acceptable / Unacceptable basis.

The vendor’s submittals will be evaluated to determine whether the proposed technical approach demonstrates a clear and unambiguous understanding and a demonstrated ability to meet the minimum requirements. Failure to demonstrate a clear and unambiguous technical approach to meeting the requirements will result in an “Unacceptable” rating for this factor.

FACTOR 2 - PAST PERFORMANCE (VOL. 2)

1. Past performance is a defined as how well a vendor has performed on meeting recent and relevant requirements in terms of scope, size, and complexity.

2. SUBMITTAL REQUIREMENTS.

Provide the following information for a minimum of three companies / organizations / clients which the offer has provided recent and similar items / services for Sterilizer Mainentance.

a) Company/Organization/Client Name.

b) Address.

c) Brief description of items / services provided.

d) Point of contact.

e) Email and or phone number contact information.

3. BASIS OF EVALUATION

The basis of evaluation is a subjective evaluation of how well the Vendor performed on recent and relevant contracts regarding the RFP requirement. This factor will be evaluated on an Acceptable / Unacceptable basis. Vendors with an overall satisfactory past performance will be rated as “Acceptable.”

Vendors with a less than satisfactory overall past performance will be rated as “Unacceptable.”

In addition to the above, the Government may review any other sources of information for evaluating past performance. Other sources may include, but are not limited to, past performance information retrieved through CPAR, Federal Awardee Performance and Integrity Information System (FAPIIS) using all CAGE / Unique Identification number of vendor. The Government reserves the right to contact any other source of information that may have knowledge or information on a vendor’s relevant past performance history.

FACTOR 3 - PRICE PROPOSAL (VOL. 3)

1. SUBMITTAL REQUIREMENTS

Contractors shall submit a quotation which will be evaluated for price reasonableness. The offeror shall submit an electronic copy of the completed price proposal to the Contracting Officer. The offeror shall propose a separate firm-fixed-price, FOB Destination, for each CLIN and options. Price proposal shall remain valid for a period of 60 calendar days from the date quotations are due.

2. BASIS OF EVALUATION

The quoted price will be evaluated for reasonableness in relation to the solicitation requirements. Prices must be entirely compatible with the technical portion of the proposal.

Additional Contract Terms and Conditions are as follows:

1. INSPECTION

Inspection and acceptance is expected to take place randomly by the Government.

2. SYSTEM FOR AWARD MANAGEMENT (SAM) REGISTRATION

In accordance with FAR Clause 52.204-7, the awardee must be registered in System for Award Management (www.sam.gov) prior to award.

The Defense Priorities and Allocations System (DPAS) and assigned rating is not applicable to this acquisition.

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, 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…