Solicitation W911SD21R0148 Athletic Equip.docx

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Brand Name Athletic Equipment Federal contract opportunity
Solicitation number
W911SD21R0148
Issued by
Department of the Army Materiel Command Mission and Installation Contracting Command Fort Eustis

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W911SD21R0148

Section SF 1449 - CONTINUATION SHEET

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
12
Each

Men's Basketballs - "The Rock"

FFP

• Reinforced double ply butyl bladder

• 100% Nylon wound core

• Sponge rubber carcass layer

• Premium grade reinforced composite material

• Deep pebble channel design

• Official size: 29.5”

FOB: Destination

PURCHASE REQUEST NUMBER: 0011655159

PSC CD: 7810

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
5
Each

Men's Basketball Nets

• 145 gram

• 12 loop

• Braided nylon

FOB: Destination

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
15
Each

Nike Stock Practice Jersey 2

• Nike Catalog Number: CQ4362

• 012 - BLK/WH/(White)T

• Single layer double-sided mesh with moisture-wicking fabric

• Reversible tank

• Swoosh design trademark at right chest

• Authentic jocktag at lower left hem

• 100% Polyester

• White Numbers on back of Black Side

• Black Numbers on back of White Side

• Sizes: 3xMedium, 6xLarge, 4xExtra Large, 2xExtra Extra Large

• Numbering of Jerseys By Size:

3xMedium: 1, 2, 3 6xLarge: 0, 10, 11, 15, 23, 24 4xExtra Large: 32, 33, 42, 44 2xExtra Extra Large: 52, 55

FOB: Destination

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
15
Each

Nike Stock Practice Short 2

• Nike Catalog Number: CQ4364

• 012 - BLK/WHT/WHT

• Dri-FIT knit short; 100% polyester

• Authentic basketball design

• Swoosh design trademark at left leg

• Inseam length: 9.25"

• Sizes: 3xMedium, 6xLarge, 4xExtra Large, 2xExtra Extra Large

FOB: Destination

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
3
Each

Spalding Slam Dunk Pro Goal

• Front mount, 5/8” solid steel, powder coated single rim

• Top adjust positive lock release mechanism

• Easy glide #2 net attachment system

• Universal goal mounting pattern

• Includes net and mounting hardware

• Meets NBA, NCAA and NFHS specifications

• Indoor use only

• 0.63 in. powder coat cold-rolled steel rim with wrap-around brace absorbs shock and withstands up to 600 lbs

• Spring-loaded positive-lock system supports the weight of heavy loads and snaps back into place when released

• Easy-glide tube-tie net system makes it simple to replace a worn net

• Net and hardware included for easy mounting on most standard backboards

• Backboard Compatibility: Most backboards with 5 in. x 5 in. or 5 in. x 4 in. mounting patterns

• Brand: Spalding

• Breakaway Style: Yes

• Color: Orange

• Diameter: 18 in.

• Material: Steel

• Mounting Hardware Included: Yes

• Product Weight: 25 lb.

FOB: Destination

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
6
Each

Spalding Easy Glide #2 Bskball Net Cable

• Length: 58 inches

• Spring-Loaded

• Compatible with Spalding Goals

FOB: Destination

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
50
Dozen

Lacrosse Balls

• Official NOCSAE stamped, approved game balls that meet NCAA specifications

• White in color

FOB: Destination

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
25
Each

Maverik M5 EKG Men Lacrosse Shoulder Pad

• Sizes: 5 x M; 20 x L

• Must have external kardiac guard (EKG) and meet the new NOCSAE performance standard ND200 to help address Commotio Cordis

• Traditional fit designed to provide comfort and mobility

• Adjustable comfort-fit arch allows players to personalize fit, coverage, and drape

• Wicks moisture away from the skin to keep wearer cool and dry

• Anaform chest and spine plates designed to manage high velocity impacts

• Durastretch panels across torso allow pads to move with the body

FOB: Destination

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
12
Each

Maverik M5 Men's Field Lacrosse Gloves

• Size: 13 inch

• Color: Grey

• Built on a more traditional fit profile with some additional volume in the fingers and in the back of the hand

• Quickdry liner allows for faster evaporation of heat and sweat from within the glove

• AxSuede provides a durable soft and natural feel

• Inhaler mesh palm allows for more airflow through the palm, eliminating slippage from sweat

• Flowcool Venting on the back of the hand allows heat to disperse

• adjustable cuff design allows the player to choose between having a closed fit for more protection or a flared fit for more range of motion

FOB: Destination

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
2
Each

Maverik M5 Men's Lacrosse Goalie Gloves

• Size: Large

• Color: Grey

• Built on a more traditional fit profile with some additional volume in the fingers and in the back of the hand

• Quickdry liner allows for faster evaporation of heat and sweat from within the glove

• AxSuede provides a durable soft and natural feel

• Inhaler mesh palm allows for more airflow through the palm, eliminating slippage from sweat

• Flowcool Venting on the back of the hand allows heat to disperse

• adjustable cuff design allows the player to choose between having a closed fit for more protection or a flared fit for more range of motion

FOB: Destination

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
15
Each

Maverik A1 Shaft; Attack Lacrosse Sitck

• Light weight Scandium alloy and thinner sidewall profile bring light weight performance

• Maverik GritGrip offers peak control and grip in any weather condition

• Speed shape profile increases quickness through transitions and ball release

• New ABE included for personalized stability

FOB: Destination

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
12
Each

Maverik Optik 2.0 Head (Unstrung)

• Color: Grey

• Tighter face shape and tension lock

• Dual design scoop with narrow throat

• Head only

FOB: Destination

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
36
Each

Nike Vapor One Footballs

• Official Size

• Meet NCAA DI specifications for footballs

• Tacky leather

• Stitched-in textured half-stripe

FOB: Destination

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
4
Each

Douglas SP QBK Shoulder Pads

• Recommended for QB/WR

• Locking Epaulets System

• Removable Channel System

• Belt and Buckle System

• Douglas Air Management Technology with open cell foam and streamlined plastic

• Cantilevered design that helps disperse energy of contact to the chest and back of player

• Attached back plate for extended protection for the lower back

• Adult Sizes: 2 x Medium; 2 x Large

FOB: Destination

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
4
Each

Douglas SP24W Shoulder Pads

• Recommended for DB/RB

• Locking Epaulets System

• Removable Channel System

• Belt and Buckle System

• Douglas Air Management Technology with open cell foam and streamlined plastic

• Cantilevered design that helps disperse energy of contact to the chest and back of player

• Attached back plate for extended protection for the lower back

• Adult Sizes: 2 x Medium; 2 x Large

FOB: Destination

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
5
Each

Douglas SP69 Shoulder Pads

• Recommended for FB/LB

• Locking Epaulets System

• Removable Channel System

• Belt and Buckle System

• Douglas Air Management Technology with open cell foam and streamlined plastic

• Cantilevered design that helps disperse energy of contact to the chest and back of player

• Attached back plate for extended protection for the lower back

• Adult Sizes: 2 x Medium; 2 x Large, 1 x Extra Large

FOB: Destination

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
4
Each

Douglas SP PSDZ2 "Mr. DZ" Shoulder Pads

• Recommended for OL/DL

• Locking Epaulets System

• Removable Channel System

• Belt and Buckle System

• Douglas Air Management Technology with open cell foam and streamlined plastic

• Cantilevered design that helps disperse energy of contact to the chest and back of player

• Attached back plate for extended protection for the lower back

• Adult Sizes: 2 x Large, 2 x Extra Large

FOB: Destination

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
15
Each

Nike Adult D-Tack 6.0 Lineman FB Gloves

• Sticky Hydragrip palm provides maximum tack in any condition to bat down passes at the line

• Strategically placed gel padding enhances protection during high-impact collisions

• Fingertip seams reduce distractions for an improved range of motion

• Adjustable cuffs ensure the ideal fit that matches your measurements

• SFIA® certified

• Fabric Content: 68% polyester/16% silicone/8% nylon/8% PU leather

• Colors: Black

• Adult Sizes: 4 x Large, 7 x Extra Large, 4 x Extra Extra Large

FOB: Destination

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
4
Each

Molded Foam Pylons (Set of Six)

• Solid Molded Foam construction

• Anchor weight molded into bottom

• Won't puncture or lose weight

• Bright Orange

• For use on grass or turf fields

FOB: Destination

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
45
Each

Nike Vapor Jet 6.0 Skill Football Gloves

• super sticky Magnigrip™ palm that creates a superior catching surface

• Adjustable cuffs for custom fit

• Lightweight, breathable knit construction

• Protective padding on the back of the hand

• Material: Back - 40% spandex, 23% spandex, 21% polyurethane, 16% nylon; Palm - 76% polyester, 19% silicone, 5% spandex; Other - 39% polyester, 29% PU leather, 18% neoprene, 6% nylon, 6% spandex, 2% polyurethane

• Colors: Black

• Sizes: 25 x Medium, 15 x Large, 5 x Extra Large

FOB: Destination

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
70
Each

Nike Pro Hyperstrong Short Girdle

• 100% Polyester

• Elastic closure

• Nike Pro Hyperstrong technology delivers targeted impact absorption.

• Strategically placed foam pads provide cushioning

• Compressive fit contours to the body for easy layering

• Elastic waistband offers secure, snug fit

• Extended silhouette for excellent coverage

• 7mm DeTech hard plate padding at the tailbone, hips and thighs offer an added layer of cushion to help absorb impact

• All-over mesh design is lightweight and breathable, keeping a cool feel while Dri-FIT® technology wicks away moisture to ensure maximum comfort

• Ergonomic seams flow with the movements of the athlete, providing the natural range of motion

• Adult Sizes: 30xMedium, 20xLarge, 15xExtra Large, 5xXXL

• Color: Black

FOB: Destination

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
3
Each

Champion Ground Zero Kicking Tee 1 inch

• Black in color

• Onside kick feature included

• 1" heavy-duty black rubber construction

FOB: Destination

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
2
Each

Wizard Kicking Stix Football Holder

• Durable powder coated steel and aluminum construction

• Handy riveted legs for easy, quick fold-up design

• Works with or without place kick tee

• Color: Black

• Product Weight: 1.22 lbs.

FOB: Destination

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
15
Each

Tornado Headgear for Wrestling

• Black in color

• 43% lighter, remarkably cooler and includes a greater audible sound technology

• Incorporates our Power Tab strapping system for a better, faster fit

• Lightweight, low profile

FOB: Destination

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
324
Each

Nike Legend Short Sleeve T-shirt

• Color Code: 091 - CARB HEA

• Made from Dri-FIT material to help players remain cool, dry and comfortable

• Crew neck with taping stands up to wear and tear

• Swoosh design trademark at the left chest adds an athletic appearance

• Dry-fit, moisture wicking fabric

• Two color (black = inside; Vegas gold = outside) 7"x10" “fast A” logo silk-screened & centered on chest

• Adult Sizes: 24 x S; 96 x M; 96 x L; 84 x XL; 24 x 2XL

FOB: Destination

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
324
Each

Nike Flex Woven Short

• Color Code: 010 - BLACK

• Flex fabric helps keep wearers dry and comfortable

• Motion vent at the hem and sides delivers mobility and breathability

• Nike Swoosh design trademark on the left leg

• Elastic waistband and drawcord

• 9-inch inseam

• Adult Sizes: 24 x S; 96 x M; 96 x L; 84 x XL; 24 x 2XL

FOB: Destination

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
120
Each

Nike Club Fleece Hoody

• Color Code: 063 - GREY HEA

• Long sleeve brushback pullover with 3-piece hood and drawcord

• Back neck tape

• Embroidered Nike Swoosh at right chest

• New plush loopback fleece, updated saddle stitching

• Reduced hem and cuff height. Kangaroo pocket. Relaxed fit.

• Cotton-blend: 80% COTTON 20% POLYESTER

• Ribbed cuffs and waistband for a snug fit.

• Adult Sizes: 24 x M; 36 x L; 36 x XL; 24 x 2XL

• Two color (black = inside; Vegas gold = outside) 7"x10" “fast A” logo silk-screened & centered on chest

FOB: Destination

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
120
Each

Nike Club Fleece Pant

• Color Code: 063 - GREY HEA

• Brushback fleece open hem pant with external drawcord

• Back welt pocket

• Side seam pockets

• New plush loopback fleece, updated saddle stitching

• Elasticized waistband with drawcord for comfortable fit

• Embroidered logo at left thigh

• Relaxed leg that is full length

• Cotton-blend: 80% COTTON 20% POLYESTER

• Adult Sizes: 24 x M; 36 x L; 36 x XL; 24 x 2XL

• Two color (inner = black; outer = Vegas gold) 3-inch “fast A” logo silk-screened on right pant leg (thigh)

FOB: Destination

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
50
Package

Nike DriFit 1/2Cushion CrewTraining sock

• Crafted from 37% cotton, 34% nylon, 27% polyester and 2% spandex for comfortable performance

• Dri-FIT fabric pulls away moisture to keep feet cool and dry

• Half-cushion terry foot absorbs shock and impacts to deliver comfortable landing

• Left- and right-specific design with arch support offers a snug, secure fit

• Color: Black

• Adult Sizes: 50 packs of medium, 100 packs of large; 50 packs of extra large

FOB: Destination

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
50
Package

Nike DriFit 1/2Cushion CrewTraining sock

• Crafted from 37% cotton, 34% nylon, 27% polyester and 2% spandex for comfortable performance

• Dri-FIT fabric pulls away moisture to keep feet cool and dry

• Half-cushion terry foot absorbs shock and impacts to deliver comfortable landing

• Left- and right-specific design with arch support offers a snug, secure fit

• Color: White

• Adult Sizes: 50 packs of large; 50 packs of extra large

FOB: Destination

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
168
Each

Nike Pro Short Sleeve Compression Top

• Sizes: 60 x M, 60 x L, 36 x XL, 12 x XXL

• Color: 010 - Black

• Raglan sleeves and hem vents optimize mobility with flat seams

• Curved back hem

• Mesh side-panels extend under the arms to add ventilation, letting cool air in and heat out.

• Body: 91-93% polyester/7-9% spandex.

• Panels: 92% polyester/8% spandex.

FOB: Destination

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
50
Dozen

Locker Room Towels

• Made of 100% cotton terry to absorb moisture after workouts and showers

• Plush material is soft to the touch and remains soft after repeated cleanings

• 22 in. x 44 in. towels are the ideal size for drying off after a shower or wiping down fitness equipment

• Fabric is easy to clean for simple upkeep after each use

• Absorbent: Yes

• Color: White

• Material: Cotton

• Product Length: 44 in.

• Product Width: 22 in.

FOB: Destination

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
2
Each

Indoor/Outdoor Corner Flags -Set of Four

• Spring-loaded design keeps the flags flexible

• Base can be filled with sand to ensure the flags don't shift or fall over during play

• Suitable for use on indoor or outdoor fields and on almost any playing surface with 1/2" flexible PVC uprights

• Four flags clearly outline the corners of a soccer field

• 60" High

• Base Included: Yes

• Color: Red, Yellow, White

• Pre-Filled Base: No

• Product Weight: 7.05 lb.

• Product Height: 60 in.

• Quantity: 4

• Round Base: Yes

• Spiked: No

• Can be used on turf surfaces

• Uses a spring loaded dome base

• 1/2" flexible PVC upright

• Base must be filled with sand

• 4 Flags/Set

FOB: Destination

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
12
Each

Nike Strike Team Soccer Ball

• Aerowtrac grooves improve flight stability

• Textured casing for enhanced touch

• 12-panel design for true and accurate ball flight

• Machine Stitching with butyl bladder

• Size 5

FOB: Destination

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
20
Each

MacGregor Padded Shin Guards - Adult

• 9 inches in length

• Stirrup design for ankle and shin protection

• Adjustable hook/loop strap

FOB: Destination

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN
INSPECT AT
INSPECT BY
ACCEPT AT
ACCEPT BY
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DELIVERY INFORMATION

CLIN
DELIVERY DATE
QUANTITY
SHIP TO ADDRESS
DODAAC / CAGE
0001
06-JUL-2021
12
W1FB USMA PREP SCH

USMAPS

950 REYNOLDS ROAD

WEST POINT NY 10996-5000

845-938-1910

W81NNL

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06-JUL-2021
5
(SAME AS PREVIOUS LOCATION)

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06-JUL-2021
15
W1FB USMA PREP SCH

W1FB USMA PREP SCH

950 REYNOLDS ROAD

WEST POINT NY 10996-5000

845-938-4222

W81NNL

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06-JUL-2021
15
(SAME AS PREVIOUS LOCATION)

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CLAUSES INCORPORATED BY REFERENCE

52.204-10
Reporting Executive Compensation and First-Tier Subcontract Awards
JUN 2020
52.204-13
System for Award Management Maintenance
OCT 2018
52.204-21
Basic Safeguarding of Covered Contractor Information Systems
JUN 2016
52.204-25
Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
AUG 2020
52.209-6
Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment
JUN 2020
52.212-1
Instructions to Offerors--Commercial Items
JUN 2020
52.212-4
Contract Terms and Conditions--Commercial Items
OCT 2018
52.222-3
Convict Labor
JUN 2003
52.222-21
Prohibition Of Segregated Facilities
APR 2015
52.222-26
Equal Opportunity
SEP 2016
52.222-50
Combating Trafficking in Persons
OCT 2020
52.223-18
Encouraging Contractor Policies To Ban Text Messaging While Driving
JUN 2020
52.225-13
Restrictions on Certain Foreign Purchases
FEB 2021
52.227-1
Authorization and Consent
JUN 2020
52.233-3
Protest After Award
AUG 1996
52.242-13
Bankruptcy
JUL 1995
52.247-34
F.O.B. Destination
NOV 1991
52.253-1
Computer Generated Forms
JAN 1991
252.203-7000
Requirements Relating to Compensation of Former DoD Officials
SEP 2011
252.203-7002
Requirement to Inform Employees of Whistleblower Rights
SEP 2013
252.204-7003
Control Of Government Personnel Work Product
APR 1992
252.232-7003
Electronic Submission of Payment Requests and Receiving Reports
DEC 2018
252.232-7010
Levies on Contract Payments
DEC 2006

CLAUSES INCORPORATED BY FULL TEXT

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS (JAN 2017)

(a) Definitions. As used in this clause-- Internal confidentiality agreement or statement means a confidentiality agreement or any other written statement that the contractor requires any of its employees or subcontractors to sign regarding nondisclosure of contractor information, except that it does not include confidentiality agreements arising out of civil litigation or confidentiality agreements that contractor employees or subcontractors sign at the behest of a Federal agency.

Subcontract means any contract as defined in subpart 2.1 entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders.

Subcontractor means any supplier, distributor, vendor, or firm (including a consultant) that furnishes supplies or services to or for a prime contractor or another subcontractor.

(b) The Contractor shall not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).

(c) The Contractor shall notify current employees and subcontractors that prohibitions and restrictions of any preexisting internal confidentiality agreements or statements covered by this clause, to the extent that such prohibitions and restrictions are inconsistent with the prohibitions of this clause, are no longer in effect.

(d) The prohibition in paragraph (b) of this clause does not contravene requirements applicable to Standard Form 312 (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(e) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015, (Pub. L. 113-235), and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions) use of funds appropriated (or otherwise made available) is prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.

(f) The Contractor shall include the substance of this clause, including this paragraph (f), in subcontracts under such contracts.

(End of clause)

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)

The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES (JUL 2018)

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

Covered article means any hardware, software, or service that--

(1) Is developed or provided by a covered entity;

(2) Includes any hardware, software, or service developed or provided in whole or in part by a covered entity; or

(3) Contains components using any hardware or software developed in whole or in part by a covered entity.

Covered entity means--

(1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab;

(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or

(4) Any entity of which Kaspersky Lab has a majority ownership.

(b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits Government use of any covered article. The Contractor is prohibited from--

(1) Providing any covered article that the Government will use on or after October 1, 2018; and

(2) Using any covered article on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the contract.

(c) Reporting requirement.

(1) In the event the Contractor identifies a covered article provided to the Government during contract performance, or the Contractor is notified of such by a subcontractor at any tier or any other source, the Contractor shall report, in writing, to the Contracting Officer or, in the case of the Department of Defense, to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (c)(1) of this clause:

(i) Within 1 business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; brand; model number (Original Equipment Manufacturer (OEM) number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the report pursuant to paragraph (c)(1) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of a covered article, any reasons that led to the use or submission of the covered article, and any additional efforts that will be incorporated to prevent future use or submission of covered articles.

(d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts, including subcontracts for the acquisition of commercial items.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (FEB 2021)

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. 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 concern”--

(1) Means a small business concern--

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

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

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

"Small business concern"--

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.

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

“Small disadvantaged business concern”, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

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

“Subsidiary” means an entity in which more than 50 percent of the entity is owned--

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

“Veteran-owned small business concern” means a small business concern--

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern--

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

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

“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127)”, means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

(b) (1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

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

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

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

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

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a small business concern.

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

(3) Service-disabled veteran-owned small business concern. (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.) The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, ( ___ ) is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, ( ___ ) is not a women-owned small business concern.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that--

(i) It [ ___ ] is, [ ___ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___ .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that--

(i) It [ ___ ] is, [ ___ ] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ___ -.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(8) Women-owned business concern (other than small business concern). (Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

(10) HUBZone small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents, as part of its offer, that--

(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and

(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: ___ .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Certifications and representations required to implement provisions of Executive Order 11246--

(1) Previous Contracts and Compliance. The offeror represents that--

(i) It ( ___ ) has, ( ___ ) has not, participated in a previous contract or subcontract subject either to the Equal Opportunity clause of this solicitation, the and

(ii) It ( ___ ) has, ( ___ ) has not, filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that--

(i) It ( ___ ) has developed and has on file, ( ___ ) has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR Subparts 60-1 and 60-2), or

(ii) It ( ___ ) has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American --Supplies, is included in this solicitation.)

(1) (i) The Offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product.

(ii) The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products.

(iii) The terms "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Supplies."

(2) Foreign End Products:

Line item No.
Country of origin
___
___
___
___
___
___

[List as necessary]

(3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.

(g)(1) Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act, is included in this solicitation.)

(i) (A) The Offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (iii) of this provision, is a domestic end product.

(B) The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American--Free Trade Agreements--Israeli Trade Act."

(ii) The Offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American--Free Trade Agreements--Israeli Trade Act."

Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

Line item No.
Country of origin
___
___
___
___
___
___

(iii) The Offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American--Free Trade Agreements--Israeli Trade Act." The Offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products.

Other Foreign End Products:

Line item No.
Country of origin
___
___
___
___
___
___

(iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.

(2) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I (Jan 2004). If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled "Buy American -Free Trade Agreements-Israeli Trade Act":

Canadian End Products:

Line item No.

(3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II (Jan 2004). If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act":

Canadian or Israeli End Products:

Line item No.
Country of origin
___
___
___
___
___
___

(4) Buy American--Free Trade Agreements--Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American --Free Trade Agreements--Israeli Trade Act":

Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

Line item No.
Country of origin
___
___
___
___
___
___

(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled "Trade Agreements".

(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products.

Other End Products:

Line item No.
Country of origin
___
___
___
___
___
___

(iii) The Government will evaluate offers in accordance…

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