Synopsis-Solicitation.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

2. CONTRACT NO.

r

AWARDI

4. ORDER NUMBER

EFFECTIVE DATE

7. FOR SOLICITATION

► INFORMATION CALL:

9. ISSUED BY

Belcourt PHS Indian 1300 Hospital Road P.O. Box 160 Belcourt ND 58316 l

a. NAME

PHYLLIS

Hospital

GOURNEAU

CODE 1163

11. DELIVERY FOR FOB DESTINA- 12. DISCOUNT TERMS

TION UNLESS BLOCK IS

MARKED

:>(' SEE SCHEDULE

15. DELIVER TO CODE I

17a. CONTRACTOR/ CODEI I FACILITYI

OFFEROR CODE

TELEPHONE NO.

.:17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

19. 20.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES

Buy Indian Set Aside

Brand Name (See Attached)

The Office of Management and Budget (0MB)

1. REQUISITION NUMBER

I

PAG

OF

I 2

75H70623Q00008 1

5. SOLICITATION NUMBER

ISSUE DATE 1

6. SOLICITATION

l

b. TELEPHONE NUMBER (No collect calfs)

8. OFFER DUE DATE/LOCAL TIME

701-477-8419 1700 ET

10. THIS ACQUISITION IS ;;;, UNRESTRICTED OR SET ASIDE;

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

i (WOSB) ELIGIBLE UNDER THE WOMEN-OWNED HUBZONE SMALL 8MAI I RI 181NF88 PRn�RAM NAICS: BUSINESS EDWOSB

SERVICE-DISABLED 8(A)

VETERAN-OWNED SIZE STANDARD;

SMALL BUSINESS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

16. ADMINISTERED BY

Belcourt PHS Indian 1300 Hospital Road PO Box 160 Belcourt ND 58316

18a. PAYMENT WILL BE MADE BY

13b. RATING

14. METHOD OF SOLICITATION

"RFQ

Hospital lJFB RFP

CODE 1163

CODE

I

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

IS CHECKED :SEE ADDENDUM

21. 22. 23. 24.

QUANTITY UNIT UNIT PRICE AMOUNT

%FOR:

mandates that U.S. federal agencies use the Internet Protocol version 6 (IPv6). In November 2020, 0MB issued memorandum M-21-07 "Completing the Transition to IPv6", which outlines the Federal government's strategic intent "to deliver its information services, operate its networks, (Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE

'ARE

; ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE NOT ATTACHED.

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

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

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

30a. SIGNATURE OF OFFERORICONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print)

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

I 30c. DATE SIGNED

29. AWARD OF CONTRACT: OFFER

DATED , YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

HEREIN. IS ACCEPTED AS TO ITEMS:

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31 b. NAME OF CONTRACTING OFFICER (Type or print)

31 c. DATE SIGNED

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA· FAR (48 CFR) 53.212

19. 20. 21. 22.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT

and access the services of others using only

IPv6". The IHS requires all new IT systems

(hardware and software) to operate in a pure IPv6 network environment. This includes on-premises services or third-party hosted services that require network integration into the IHS network.

The Offeror's solution shall comply with the

IPv6 standards profile as defined by the NIST

USGv6 Program:

https://www.nist.gov/programs-projects/usgv6-progr am

1 Dell Brand 70 EA

OptiPlex 7400 All in One

210-BCPU

Delivery: 03/31/2023

Period of Performance: 02/01/2023 to 03/31/2023

2 Logitech Mouse Pad Studio Series 70 EA

Graphite non-TAA

Delivery: 03/31/2023

Period of Performance: 02/01/2023 to 03/31/2023

3 NITAAC CIO-CS Contract Fee 1 EA

Period of Performance: 01/01/2023 to 03/31/2023

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED , ACCEPTED AND CONFORMS TO THE CONTRACT EXCEPT AS NOTED·

23.

UNIT PRICE

24.

AMOUNT

32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE I

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

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 321. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED 36. PAYMENT 37. CHECK NUMBER

CORRECT FOR

. COMPLETE . PARTIAL FINAL

PARTIAL , FINAL

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

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

41 b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c.DATE 42b. RECEIVED AT {Location)

42c. DATE REC'D (YY/MM/DD) 142d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Line# Part# Description QTY Unit Price Ext. Price

22.00 997-8533 Dell Limited Hardware Warranty Plus Service 70 $.00 $.00

23.00 997-8605 ProSupport Plus: Accidental Damage Service, 5 Years 70 $.00 $.00

24.00 997-8615 ProSupport Plus: Keep Your Hard Drive, 5 Years 70 $.00 $.00

25.00 997-8625 ProSupport Plus: Next Business Day Onsite 5 Years 70 $.00 $.00

26.00 997-8645 ProSupport Plus: 7x24 Technical Support, 5 Years 70 $.00 $.00

27.00 340-CKSZ No AutoPilot 70 $.00 $.00

28.00 389-BCGW No UPC Label 70 $.00 $.00

29.00 329-BBJL Trusted Platform Module Discrete TPM Enabled 70 $.00 $.00

30.00 379-BESN Dell Watchdog Timer 70 $.00 $.00

31.00 631-ADFR In-Band Systems Management 70 $.00 $.00

32.00 340-CYGV Quick Start Guide 70 $.00 $.00

33.00 338-CCYP

12th Generation Intel Core i7-12700 12 70 $.00 $.00 Cores/25MB/20T/2.1 GHz to 4.9GHz/65W

34.00 429-ABGY No External ODD 70 $.00 $.00

35.00 325-BCZQ No Cable Cover 70 $.00 $.00

36.00 340-CRJB

Shipping Material for Fixed Stand / Height Adjustable 70 $.00 $.00 Stand OptiPlex AIO

37.00 389-BBUU Shipping Label 70 $.00 $.00

38.00 575-BBRF OptiPlex All-in-One Height Adjustable Stand, All-in-One 70 $,00 $.00

39.00 817-BBBB Custom Configuration 70 $.00 $.00

40.00 379-BBCY No Additional Cable 70 $.00 $.00

41.00 401-MDF No Additional Hard Drive 70 $.OD $.OD

42.00 389-DVDQ FCC statement label AIO 70 $.00 $.00

43.00 389-EDEO Regulatory Label 70 $.00 $.00

44.00 340-CUEQ Intel Core i7 non-vPro Processor Label 70 $.00 $.00

45.00 391-BBDM Non-Touch LCD, Dell OptiPlex AIO 70 $.00 $.00

46.00 658-BCSB No Microsoft Office License Included 70 $.00 $.00

47.00 525-BBCL SupportAssist 70 $.00 $.00

48.00 640-BBLW Dell TM Digital Delivery Cirrus Client 70 $.00 $.00

49.00 658-BBMR

Dell Client System Update Updates latest Dell

70 $.00 $.00 Recommended BIOS, Drivers, Firmware and Apps

50.00 658-BBRB Waves Maxx Audio 70 $.00 $.00

51.00 658-BEOK Dell SupportAssist OS Recovery Tool 70 $.00 $.00

52.00 658-BEQP Dell Optimizer 70 $.00 $.00

53.00 658-BFDQ Windows PKID Label 70 $.00 $.00

54.00 658-BFKW Intel Rapid Storage Technology software and driver for 70 $.00 $.DO Windows

55.00 817-BBBN NO RAID 70 $.00 $.00

56.00 650-AMM No Anti-Virus Software 70 $.00 $.00

57.00 366-8220 Configuration Services Dell Tamper Resist Label and Ports 70 $.00 $.00

58.00 956-000035 Logitech Mouse Pad Studio Series - Graphite non-TM 70

Line# Part# Description nit rice X . nee

NITAAC CIO-CS Contract Fee 1

1.00 210-BCPU OptiPlex 7 400 All-in-One 70 i

2.00 370-AFWB 16GB 1x16GB DDR4 Non-ECC Memory 70 $.00 $.00

3.00 580-AFDH Dell KB813 Smart Card Keyboard US 70 $.00 $.00

4.00 490-BBFG Intel Integrated Graphics 70 $.00 $.00

5.00 555-BHDI

Wireless Driver, Intel WiFi 6E AX211 2x2 Gig++ Bluetooth

70 $.00 $.00

6.00 400-BMXF M.2 2230 1TB PCle NVMe Class 35 Solid State Drive 70 $.00 $.00

7.00 412-AALV Thermal Pad 70 $.00 $.00

8.00 773-BBBJ Screw for M.2 SATA SSD 70 $.00 $.00

9.00 619-AQLP Windows 11 Pro, English, French, Spanish 70 $.00 $.00

10.00 329-BGOT

OptiPlex 7400 AIO, 23.Binches FHD Non Touch, 65W

70 $.00 $.00 CPU, FHD Camera, UMA, 160W Bronze PSU

11.00 570-ABIE Dell Optical Mouse· MS116 Black 70 $.00 $.00

12.00 387-BBLW ENERGY STAR Qualified 70 $.00 $.00

13.00 555-BGOI Screw for M.2 SATA SSD 70 $.00 $.00

14.00 555-BHHN

Intel Wi-Fi 6E 6GHz AX211 2x2 Bluetooth 5.2 Wireless

70 $.00 $.00 Card

15.00 450-AAOJ System Power Cord Philipine/TH/US 70 $.00 $.00

16.00 620-AALW OS-Windows Media Not Included 70 $.00 $.00

17.00 800-BBIO Desktop BTO Standard shipment 70 $.00 $.00

18.00 817-BBBC Not selected in this configuration 70 $.00 $.00

19.00 379-BDZB EPEAT 2018 Registered Gold 70 $.00 $.00

20.00 340-AGIK SERI Guide ENG/FR/Multi 70 $.00 $.00

21.00 997-8367 Thank you for choosing Dell ProSupport Plus. For tech

70 $.00 $.00 support, visit www.dell.com/contactdell or call 1-866-51

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR (Federal Acquisition Regulations) Subpart 12.6, as supplemented with additional information included in this notice.

The solicitation number is RFQ 75H70623Q0008. The solicitation document incorporated provisions and clauses are those in effect through FAC (Federal Acquisition Circular) 2023-01.

This solicitation is a single award, Brand Name, Buy Indian Set Aside, Request for Quote under NAICS code is 423430 Computer and Computer Peripheral Equipment and Software

Merchant Wholesalers.

The unit pricing must be all inclusive (to include but not be limited to travel, lodging, per diem, fringe benefits, federal, state, and local taxes) plus all other costs pertinent to the performance of this contract. Utilize your most competitive and reasonable rates. The contractor shall provide Dell Brand OptiPlex 7400 All in One XCTO in accordance with the attached specifications.

The period of performance will be from 03/01/2023 to 04/30/2023.

INSTRUCTION TO OFFERORS: Proposal must contain the following documents to be considered responsive and eligible for an award:

Complete the attached FAR and HHSAR (Health and Human Services Acquisition Regulations) provisions and clauses applicable to this acquisition, including:

FAR 52.212-1 - Instructions to Offerers - Commercial Items (NOV 2021). This must be submitted by the Offerer.

Addendum to FAR 52.212-1, Instructions to Offerers - Commercial Items (Oct 2018) Request for Quotation (RFQ) shall contain the following information: RFQ NUMBER; TIME SPECIFIED FOR RECEIPT OF OFFERS; NAME; ADDRESS; CAGE CODE; TELEPHONE NUMBER OF OFFEROR; TERMS OF

THE EXPRESSED WARRANTY; ANY DISCOUNT TERMS AND ACKNOWLEDGEMENT OF ALL

SOLICITATION AMENDMENTS (if applicable). Quotes must indicate quantity, unit price and total amount for each item. Offerers shall include a statement specifying the extent of agreement with all terms, conditions and provisions included in the solicitation. Quotes shall also contain all other documentation specified herein. Addendum to FAR 52.212-l(c), Period for Acceptance of Offers. The paragraph is tailored as follows: "The Offerer agrees to hold the prices in its offer firm for 60 calendar days from the date specified for receipt of offers."

FAR 52.212-2 - Evaluation - Commercial Items (NOV 2021).

The Government will award a contract resulting from this solicitation to the best value in consideration to the government. The following factors shall be used to evaluate offers:

The basis for award will be based on '"' Lowest Price Technically Acceptable" in determining the successful quote that serves the best interest of the government. IHS reserves the right to make single award, which is most advantages to the Government. This is a competitive solicitation and the offer your firm submits will be used by the Indian Health Service to determine, which offer is the

"Best Value" to the government. Be advised that the quantities listed within are, "estimates only" and it is not the intent of IHS to be obligated to order the "quantities".

An award shall be made to the offerer providing the lowest price Technically Acceptable.

Determination of Technically Acceptable quotes will be made starting with the lowest price by the IT Program Manager until one is accepted.

It is the responsibility of the offerer to provide sufficient information/documentation demonstrating technical competence. The Government is not responsible for locating or securing any information which is not identified in the offer. The Government reserves the right to make an award without discussion.

FAR 52.212-3 - Offerers shall include a completed copy of the provision at FAR 52.212-3, Offerer

Representations and Certifications -- Commercial Items (Dec 2022), Alternate I (NOV 2021), with their offer, or the offerer shall complete paragraph (b) of FAR 52.212-3, if the offerer has completed the annual representations and certifications electronically at http://www.sam.gov. Vendors must be actively registered in the System for Award Management (SAM); the website is https://www.sam.gov/portal/public/SAM/ . Contact SAM at US Calls: 866-606-8220, International Calls: 1-334-206-7828, however, a DUNS number must be known prior to registration. Call Dun and

Bradstreet at 1-888-546-0024 to verify or apply for a Duns number; the website is http: //fedgov. d n b. com/webform.

FAR 52.212-4 - Contract Terms and Conditions - Commercial Items (Dec 2022) (Incorporated by Reference; and

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

- Commercial Items (Dec 2022).

additional FAR clauses cited in the clause are:

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (JAN 2017) (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)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115- 91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(l)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.233-3, Protest After Award (AUG 1996) ( 31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[ Contracting Officer check as appropriate.]

_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate /(Nov 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 2402).

_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) ( 41 u.s.c. 3509)).

_ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

_ (5) [Reserved].

_ (6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111- 117, section 743 of Div. C).

_ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

_ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) ( 31 U.S.C. 6101 note).

_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Ocr 2018) ( 41 U.S.C. 2313).

_ (10) [Reserved].

_ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (SEP 2021) ( 15 U.S.C. 657a).

_ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (SEP 2021) (if the offerer elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a).

_ (13) [Reserved]

_ (14)

(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) ( 15 U.S.C. 644).

_ (ii) Alternate I (MAR 2020) of 52.219-6.

_ (15)

(i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) ( 15 U.S.C. 644).

_ (ii) Alternate I (MAR 2020) of 52.219-7.

_ (16) 52.219-8, Utilization of Small Business Concerns (Ocr 2018) ( 15 U.S.C. 637(d)(2) and (3)).

_ (17)

(i) 52.219-9, Small Business Subcontracting Plan (Nov 2021) ( 15 U.S.C. 637(d)(4)).

_ (ii) Alternate I (Nov 2016) of 52.219-9.

_ (iii) Alternate II (Nov 2016) of 52.219-9.

_ (iv) Alternate III (JUN 2020) of 52.219-9.

_ (v) Alternate IV (SEP 2021) of 52.219-9.

_ (18)

(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) ( 15 U.S.C. 644(r)).

_ (ii) Alternate I (MAR 2020) of 52.219-13.

_ (19) 52.219-14, Limitations on Subcontracting (SEP 2021) ( 15 U.S.C. 637s).

_ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (SEP 2021) ( 15 U.S.C. 637(d)(4)(F)(i)).

_ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set Aside (SEP 2021) ( 15 u.s.c. 657f).

_ (22)

(i) 52.219-28, Post Award Small Business Program Representation (SEP 2021) ( 15 U.S.C. 632(a)(2)).

_ (ii) Alternate I (MAR 2020) of 52.219-28.

_ (23) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (SEP 2021) ( 15 U.S.C. 637(m)).

_ (24) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (SEP 2021) ( 15 U.S.C. 637(m)).

_ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) ( 15 U.S.C. 644(r)).

_ (26) 52.219-33, Nonmanufacturer Rule (SEP 2021) ( 15U.S.C. 637(a)(17)).

_ (27) 52.222-3, Convict Labor (JUN 2003) (E.O.11755).

_ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN 2022) (E.O.13126).

_ (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

_ (30)

(i) 52.222-26, Equal Opportunity (SEP 2016) (E.O.11246).

_ (ii) Alternate I (FEB 1999) of 52.222-26.

_(31)

(i) 52.222-35, Equal Opportunity for Veterans (JuN 2020) ( 38 U.S.C. 4212).

_ (ii) Alternate I (JUL 2014) of 52.222-35.

_ (32)

(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) ( 29 U.S.C. 793).

_ (ii) Alternate I (JUL 2014) of 52.222-36.

_ (33) 52.222-37, Employment Reports on Veterans (JUN 2020) ( 38 U.S.C. 4212).

_ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

_ (35)

(i) 52.222-50, Combating Trafficking in Persons (Nov 2021) ( 22 U.S.C. chapter 78 and E.O.

13627).

_ (ii) Alternate I (MAR 2015) of 52.222-50 ( 22 U.S.C. chapter 78 and E.O. 13627).

_ (36) 52.222-54, Employment Eligibility Verification (Nov 2021) . (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

_ (37)

(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

_ (ii) Alternate I (MAY 2008) of 52.223-9 ( 42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

_ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

_ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

_ (40)

(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JuN 2014) (E.O.s 13423 and 13514).

_ (ii) Alternate I (OCT 2015) of 52.223-13.

_(41)

(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

_ (ii) Alternate I (Jun2014) of 52.223-14.

_ ( 42) 52.223-15, Energy Efficiency in Energy- Consuming Products (MAY 2020) ( 42 U.S.C. 8259b).

_(43)

(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Ocr 2015) (E.O.s 13423 and 13514).

_ (ii) Alternate I (JuN 2014) of 52.223-16.

_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

_ (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

_ (46) 52.223-21, Foams (Jun2016) (E.O. 13693).

_ (47)

(i) 52.224-3 Privacy Training (JAN 2017) (5 U.S.C. 552 a).

_ (ii) Alternate I (JAN 2017) of 52.224-3.

_ (48) 52.225-1, Buy American-Supplies (Nov 2021) ( 41 U.S.C. chapter 83).

_ (49)

(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Nov 2021) ( 41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.

C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110- 138, 112-41, 112-42, and 112-43.

_ (ii) Alternate I (JAN 2021) of 52.225-3.

_ (iii) Alternate II (JAN 2021) of 52.225-3.

_ (iv) Alternate III (JAN 2021) of 52.225-3.

_ (50) 52.225-5, Trade Agreements (OCT 2019) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

_ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302Note).

_ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) ( 42 u.s.c. 5150).

_ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) ( 42 U.S.C. 5150).

_ (55) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

_ (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT2018) ( 31 U.S.C. 3332).

_ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) ( 31 U.S.C. 3332).

_ (60) 52.232-36, Payment by Third Party (MAY 2014) ( 31 U.S.C. 3332).

_ (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) ( 5 U.S.C. 552a).

_ (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017) ( 15 U.S.C. 637(d)(13)).

_ (63)

(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C.

55305 and 10 U.S.C. 2631).

_ (ii) Alternate I (APR 2003) of 52.247-64.

_ (iii) Alternate II (Nov 2021) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[Contracting Officer check as appropriate.]

_ (1) 52.222-41, Service Contract Labor Standards (AUG 2018) ( 41 U.S.C. chapter67).

_ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67).

_ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67).

_ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).

_ (5) 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) ( 41 U.S.C. chapter 67).

_ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) ( 41 U.S.C. chapter 67).

_ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order

14026 (JAN 2022).

_ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O.

13706).

_ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) ( 42 u.s.c. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(l) in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) ( 41 u.s.c. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (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)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(l)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (OCT 2018) ( 15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(vii) 52.222-26, Equal Opportunity (SEP 2015) (E.O.11246).

(viii) 52.222-35, Equal Opportunity for Veterans (JuN 2020) ( 38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) ( 29 u.s.c. 793).

(x) 52.222-37, Employment Reports on Veterans (JUN 2020) ( 38 U.S.C. 4212).

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (AuG 2018) ( 41 U.S.C. chapter 67).

(xiii)

(A) 52.222-50, Combating Trafficking in Persons (Nov 2021) ( 22 U.S.C. chapter 78 and E.O 13627).

(B) Alternate I (MAR 2015) of 52.222-50 ( 22 U.S.C. chapter 78 and E.O. 13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May2014) ( 41 U.S.C. chapter 67).

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) ( 41 U.S.C. chapter 67).

(xvi) 52.222-54, Employment Eligibility Verification (Nov 2021) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order

14026 (JAN 2022).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O.

13706).

(xix)

(A) 52.224-3, Privacy Training (Jan 2017) ( 5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Ocr 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal

Year 2008; 10 U.S.C. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) ( 42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-

6.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov

2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

The full text of a clause may be accessed electronically at:

https://www.acquisition.gov/?q=browsefar

Proposals are due on February 15, 2023 @ 12:00 PM CST Submit proposals to:

Quentin N Burdick Memorial Healthcare Facility

Attn: Phyllis Gourneau, Contract Specialist PO Box 160 1300 Hospital Loop Belcourt, North Dakota

Telephone: 701/477-6111 ext. 8434 E-mail: phyllis.gourneau@ihs.gov

Note to the Proposed Contractor: Delivery has to be within 30 days after receipt of award.

OIG Exclusion List

See Attached Specifications which include a BRAND Name Requirements.

CLAUSES IN CORPORA TED BY REFERENCE

(Supply, Commercial Item Purchase Order(s))

Information Technology Procurement

The Contractor must provide only new equipment and new parts for the required products described herein; no used, refurbished, or remanufactured equipment or parts shall be provided under any circumstances. Absolutely no "Gray Market Goods" or "Counterfeit Electronic Patts" shall be provided. Gray Market Goods are defined as genuine branded goods intentionally or unintentionally sold outside of an authorized sales-territory or by non-authorized dealers in an authorized territory. All equipment shall be accompanied by the Original Equipment Manufacturers (OEM's) warranty.

Counterfeit Electronic Patts are defined as unlawful or unauthorized reproduction, substitution, or alteration that has been knowingly mismarked, misidentified, or otherwise misrepresented to be an authentic, unmodified electronic part from the original manufacturer, or a source with the express written authority of the original manufacturer or current design activity, including an authorized aftermarket manufacturer. Unlawful or unauthorized substitution includes used electronic parts represented as new, or the false identification of grade, serial number, lot number, date code, or performance characteristics.

52.252-2 Clauses Incorporated by Reference Feb 1998

This purchase order incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: www.acquisiti011.gov/(ar

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

FAR Citation

52.202-1 52.203-19

52.204-7 52.204-13 52-204-19 52.204-21 52.204-23

52.204-25

52.209-10 52.212-5

52.211-6 52.219-6

52.222-50 52.223-13 52.223-14 52.223-15 52.223-16 52.223-18

Clause Title

Definitions Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements System for Award Management System for Award Management Maintenance Incorporation by Reference of Reps. and Ce,tifications Basic Safeguarding of Covered Contractor

Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities Prohibition on Contracting for Cettain Telecommunications

Clause Date

June 2020

January 2017 October 20 I 8 October 2018 December 2014 Nov 2021

Nov 2021 and Video Surveillance Services or Equipment August 2021 Prohibition on Contracting with lnve1ted Domestic Corporations November 2015 Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items (DEVIATION 2020-05) Dec 2022 Brand Name or Equal Aug 1999 Notice of Total Small Business Set-Aside Nov 2020

Combating Trafficking in Persons Nov 2021 Acquisition of EPEA T®-Registered Imaging Equipment June 2014 Acquisition of EPEA T®-Registered Televisions June 2014 Energy Efficiency in Energy-Consuming Products May 2020 Acquisition of EPEAT®-Registered Personal Computer ProductsOctober 2015 Encouraging Contractor Policies to Ban Text Messaging While Driving June 2020

18.

19.

20.

21.

22.

23.

24.

25.

26.

27.

28.

29.

30.

31.

52.225-1 52.225-13

52.232-1 52.232-25 52.232-33 52.232-39 52.232-40

52.233-1 52.233-3 52.233-4 52.239-1 52.243-1 52.247-29 52.249-1

52.249-8

Buy American Supplies Oct 2022 Restriction on Certain Foreign Purchases Feb 2021

Payments April 1984 Prompt Payments January 2017 Payment by Electronic Funds Transfer-System for Award Mgmt October 2018 Unenforceability of Unauthorized Obligations June 2013 Providing Accelerated Payments to Small Business Subcontractors Disputes Protest after A ward Applicable Law for Breach of Contract Claim Privacy or Security Safeguards Changes-Fixed Price F.o.b. Origin Termination for the Convenience of the Government (Fixed Price)(Sh01t Form) Default (Fixed-Price Supply and Service)

Nov 2021 May 2014 August 1996 October 2004 August 1996 August 1987 February 2006

April 1984 April 1984 32.

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

52.204-23-Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities.

As prescribed in 4.2004, insert the following clause:

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 atticle 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 repott 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 I 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 repo1i 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 effo1is it unde1iook to prevent use or submission of a covered article, any reasons that led to the use or submission of the covered aiticle, and any additional efforts that will be incorporated to prevent future use or submission of covered mticles.

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

(End of clause)

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

As prescribed in 4.2105(b ), insert the following clause:

Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)

(a) Definitions. As used in this clause-- Covered foreign country means The People's Republic of China.

Covered telecommunications equipment or services means--

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation {or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications

Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company {or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of

Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means--

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms

Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled--

{i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

{ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part

810 of title 10, Code of Federal Regulations {relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

{6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 {SO U.S.C.

4817). Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

{b) Prohibition. Section 889(a){l)(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. The Contractor is prohibited from providing to the Government 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, unless an exception at paragraph

{c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in Federal

Acquisition Regulation 4.2104.

(c) Exceptions. This clause does not prohibit contractors from providing--

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

(d) Reporting requirement. (1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report 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 (d)(l) of this clause:

(i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer 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 information in paragraph (d)(2)(i) 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 covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

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

As prescribed in 12.301(b){4), insert the following clause:

Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Dec 2022)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (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)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and

Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889{a)(l)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).

_ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section

1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282)

(31 U.S.C. 6101 note).

_ (5) [Reserved].

_ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

_ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

_ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or

Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101note).

_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

_ (10) [Reserved).

_(11)

(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Mar 2020) (15 U.S.C.657a).

_ (ii) Alternate I (Mar 2020} of 52.219-3.

_(12)

(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020) (if the offerer elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

_ (ii) Alternate I (Mar 2020) of 52.219-4.

_ (13) [Reserved)

_(14)

(i) _x_52.219-6, Notice ofTotal Small Business Set-Aside (Mar 2020) (15 U.S.C.644).

_ (ii) Alternate I (Mar 2020).

_ (iii) Alternate II (Nov 2011).

_(15)

(i) 52.219-7, Notice of Partial Small Business Set-Aside (Mar 2020) (15 U.S.C. 644).

_ (ii) Alternate I (Mar 2020) of 52.219-7.

_ (iii) Alternate II (Mar 2004) of 52.219-7.

_ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

_(17)

(i) 52.219-9, Small Business Subcontracting Plan (Mar 2020) (15 U.S.C. 637(d)(4)).

_ (ii) Alternate I (Nov 2016) of 52.219-9.

_ (iii) Alternate II (Nov 2016) of 52.219-9.

_ (iv) Alternate Ill (Mar 2020) of 52.219-9.

_ (v) Alternate IV (Aug 2018) of 52.219-9

_ (18) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

_ (19) 52.219-14, Limitations on Subcontracting (Mar 2020) (15 U.S.C.637(a)(14)).

_ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637{d)(4)(F)(i)).

_ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Mar 2020) (15 U.S.C. 657f).

_(22)

(i) 52.219-28, Post Award Small Business Program Representatio (Mar 2020) (15 U.S.C. 632(a)(2)).

(ii) Alternate I (MAR 2020) of 52.219-28.

_ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small

Business Concerns (Mar 2020) (15 U.S.C. 637(m)).

_ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Mar 2020) (15 U.S.C. 637{m)).

(25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

(26) 52.219-33, Nonmanufacturer…