W912LQ23Q0023 Revised 29 June 2023.pdf

W912LQ23Q0023

PRODUCT DESCRIPTION (PD)

Product Description (PD) Family Programs Swag Order FY2023

Specify which items are made in the USA.

All Logos/artwork require approval of proof prior to production.

Items can be shipped in stages. All items are required to be delivered no later than August 1, 2023. Due to scheduled events, the VAARNG is unable to extend the required by delivery dates. Vendors unable to guarantee delivery by the required dates will not be considered for award.

All pictures are for provided for informational purposes only.

All quoted and delivered items are required to meet the salient characteristics identified below. Quoted items which do not meet the salient characteristics will not be considered for award. The vendor(s) awarded contract(s), must provide items quoted which were determined by the Virginia Army National Guard (VAARNG) to meet the salient requirements or items will be returned for replacement at no additional cost to the VAARNG.

Contents

0001 6-Sided Fidget Cube 0002 Mood Stadium Cup 0003 Printed Silicone Wristband 0004 Ink Pen 0005 Ridgeview Notebook Set 0006 Flashlight with Pen and Lanyard 0007 Fun Foam Putty 0008 Protector Hand Sanitizer with Leash - 1/2 oz 0009 Mesh Sport Pack 0010 T-Shirt 0011 Water/Sport Bottle 0012 Carabiner 0013 Cross-Body Sling Bag 0014 Notebook and Pen 0015 Shoulder Bag 0016 Water Bottle 0017 Lunch Set 0018 Metallic Stylus Pen 0019 Sewing Kit 0020 First Aid Kit 0021 Jumbo Translucent Magnet Clip 0022 MOP Topper Stress Ball

0024 Refrigerator Magnet

Pages 1 of 62 and 2 of 62 are deleted from this attachment.

0023 Mouse Pad Sticky Note and Paper

0001 6-Sided Fidget Cube Quantity: 200

Material: Soft rubber Size: No larger than 1.5-2" H x 1.5-2" W x 1.5-2" D 6 Sides of cube has 6 different features (Click, Glide, Flip, Breathe, Roll and Spin) Youth programs logo on small circle

0002 Mood Stadium Cup Quantity: 250

Cup: Recyclable plastic material Changes color with ice-cold liquids Capacity: 12 oz BPA free Youth Programs logo

An equal number of cups per color available to total 250 Acceptable colors: Pink/purple, blue/purple, green/blue, yellow/green, orange/tropical red, frosted/red, frosted/blue, frosted/green, frosted/orange, frosted/purple

0003 Printed Silicone Wristband Quantity: 250

Material: Silicone Size: ½ to 7/16" H x 7-3/8" circumference x 2mm thick One color imprint on front of wristband – Youth Programs Logo Product Colors:

An equal number of each color available totaling 250 Acceptable colors: Black, White, Royal Blue, Pink, Orange, Red, Yellow, Yellow

Glow, Green, Blue Glow, Navy Blue, Purple, Maroon

0004 Ink Pen Quantity: 250

Opaque, plastic barrel Chrome accents Rubber grip Retractable Medium point, black or blue ink One imprint on the barrel –

Virginia National Guard Youth Program

#vangyouthpro (804)236-7866

0005 Ridgeview Notebook Set Quantity: 200

Hard outer cover Perfect bound 60-80 sheets (140 pages) White, lined paper Pen loop Includes matching pen with medium point, black ink Size Range: 5-1/2" H x 4" W x 3/8" D to 6" H x 4-1/2" W x 3/8" D One color imprint on front cover – Youth Programs Logo Product Colors:

o Blue, lime green, red, white, black

0006 Flashlight with Pen and Lanyard Quantity: 300

Material: Plastic Bulb Type: LED bulb On/Off slide switch to activate and change light setting Includes a pen with fine-point black ink Breakaway neck lanyard and pocket clip Button cell batteries included Flashlight size: 4-5" x 5/8-3/4" diameter

One color imprint on the barrel – o Virginia National Guard o Youth Program o #vangyouthpro (804)236-7866

Product Colors:

o Blue, lime green, red, pink, black

0007 Fun Foam Putty Quantity: 250

Material: Plastic case, foam beads Assorted colors include: Blue, Purple, Green, Yellow, Orange, Red Size Range: 1-1/4" H x 2-3/4" Dia to 1-1/2" H x 2-1/5" Dia Full color digital label on lid top – Youth Programs logo

0008 Protector Hand Sanitizer with Leash - 1/2 oz Quantity: 500

Lightly scented hand sanitizer gel Active Ingredient: 62% Ethyl Alcohol Packaging Material: Plastic bottle and plastic cap Closure: Screw-on cap with flip-top opening Neoprene sleeve with plastic carabiner clip Back label includes drug facts and ingredients Size Range: 2-5/8" H x 1-1/3" W x 3/4" D to 2-1/2" H x 1-1/2" W x 3/4" D Volume: 0.5-1 fl. oz.

Product Colors:

o Red, blue, green, purple, black, 100 each o Virginia National Guard o Youth Program o #vangyouthpro (804)236-7866

0009 Mesh Sport Pack Quantity: 250

Material: Woven fabric with a polyester thread Mesh main body Dual cord shoulder straps Reinforced corners with metal grommets Size can range from 16 to 18" H and 13 to 15" W One-color imprint on front panel of the bag – Youth Programs Logo Product Colors:

o Approximately 63 of each color available totaling 250 or an equal number of each of the 4 colors, plus or minus 1 or 2 to equal 250 o Red, Royal Blue, Navy Blue, Black

PAGE INTENTIONALLY BLANK

• 0014 Notebook and Pen

Quantity: 150

Hardcover faux leather black notebook with yellow trim Contains at least 80 sheets (160 pages); Ruled Expandable interior pocket that can store notes, writing utensils and more Shall include plastic, click-action, yellow pen that writes in medium-point black ink Shall include integrated pen loop Shall include One-color imprint area, centered on the front cover, with spine to left or debossed imprint area on the front Minimum size: 8” x 5” x 1/2” Maximum Size: 8-1/2" x 5-5/8" x 5/8"

0015 Shoulder Bag Quantity 150

Outer Material: Non-woven polypropylene Zippered main compartment Slip pocket in front Dual 24" carry handles Minimum Size: 13-1/2" x 17-1/2" x 5" Maximum Size: 16-1/2" x 21-1/2" x 7” One color imprint area centered on the front of bag Acceptable colors: white, black, gray, blue

0016 Water Bottle Quantity 150

Made of BPA-free impact-resistant shatterproof material Water bottle color: transparent Screw-on, black lid featuring a flip up drinking spout and removable straw Easy-carry, integrated loop handle built into the lid

Dishwasher Safe: All parts are at least top-rack dishwasher safe Holds 20-26 fluid ounces Area for one color imprint on one side of the bottle Acceptable colors: gray, clear, red, blue Family Programs logo

0017 Lunch Set Quantity 250 Contains Cooler, Food Container, Bottle

Cooler

Outer Material: Soft, lightweight and durable fine-fiber polyester fabric.

Foam insulation Foil lining Zippered main compartment Carrying handle material shall be mildew, water, and UV resistant Min Size: 7" x 9" x 8" Max size: 8” x 10” x 9” Family Programs logo on front of lunch box/cooler

Food Container

Container shall be made of a recyclable plastic material Lid shall be made of a recyclable plastic material Utensils shall be made of a recyclable plastic material Includes knife and fork Snap on lid with cutout sections for storage of cutlery Min Size: 4" x 8" x 7" Max size: 4” x 9” x 8” All parts BPA Free

Bottle

Bottle: Acrylic plastic Lid shall be made of a recyclable plastic material

Infuser: Acrylic plastic Closure: Screw-on lid with flip up drink opening

Integrated carry handle built into lid design Detachable infuser Capacity Range: 16 from 22 oz All parts BPA Free

0018 Metallic Stylus Pen Quantity 2,000

Pen must have metallic or plastic barrel and be retractable, medium point black ink

Ribbed rubber grip with chrome accents

Colors:

o 400 blue o 400 orange o 400 green o 400 red o 400 silver

One color print area approximately ¾”H X 1-1/2” W

Vendor must have the ability to reformat artwork for production, design and layout

“Solider and Family Readiness 24hr Hotline (434) 480-6585”

0019 Sewing Kit Quantity: 1,000 EA

Suede-touch case

Includes:

o scissors o shirt buttons o 10 colors of thread o needle threader o safety pins o 25" long measuring tape

Size range: 8 oz to 20oz

Imprint area: 2 1/4"W x 1 3/4"H

Imprint area: one color

One color imprint on front, approx. size of imprint ½ W X 1 1/2”, art proof required.

Vendor must have the ability reformat artwork for production, design and layout

0020 First Aid Kit Quantity: 1,000

Zipper close case filled with first aid items

Soft canvas/vinyl durable case

Minimum contents:

o 4 latex free adhesive bandages o 3 mini bandage strips o 2 antiseptic wipes o 2 first aid cream packet o first aid guide o (NO PILLS)

Size: approximately 3 7/8” x 2 2/4” h x 3/4”D

Vendor must have the ability reformat art work for production, design and layout

Imprint area: approximately 3 1/8 “W X 2 1/8” H, one color imprint on front side of case o Art proof required

Acceptable Colors: black, gray, red, blue, orange, purple, green, metallic red, metallic blue, metallic orange, metallic purple, metallic green, metallic silver

0021 Jumbo Translucent Magnet Clip Quantity: 2,000

Large magnetic memo clip

Strong metal spring and translucent plastic clamp

Design provided below on each. Art proof required

Min Size: 2-7/8" x 2" x 1-1/2"

Max size: 3” x 2” x 2

Acceptable colors: black, gray, clear, red, blue

Family Programs logo on front of clip

0022 MOP Topper Stress Ball Quantity 500

Foam rubber stress ball with imprint surface on front and back Stress ball shall be designed with microfiber "hair" for use as a screen cleaner One side shall be the smiling face; the other side shall be the Family Programs logo Size: 3” - 4” Diameter Imprint:

One color only

Imprint area: 1 1/4” W x 3/4” H Color Options: Blue, Green, Red, Black/Yellow

0023 Mouse Pad Sticky Note and Paper Quantity: 500

Sticky note pad and computer mouse pad in one

Imprint permanently dyed into pad with full color imprint

Multi-page 25 to 50 pages with our message printed on each sheet

Size: approximately 8 ½” x 7 ¼”

Artwork will be sent after award depending on the shape and size of the mouse pad. Vendor shall have the ability to reformat artwork for production, design and layout.

For above item 0010, this logo is to be printed:

For above items 0014,0015,0017,0019,0020,0021, 0022,0023, this logo is to be printed:

0024 Refrigerator Magnet Quantity 1000

2-4” x 4-6” one-sided magnet

Imprint area: 2 1/4"W x 2 1/4"H. with the following information:

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 200 Each

Fidget Cube

FFP

The contractor shall provide fidget cube in accordance with (IAW) the Product Description (PD).

FOB: Destination

PURCHASE REQUEST NUMBER: 0011907960

PSC CD: 7690

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 250 Each

Mood Cup

FFP

The contractor shall provide mood cup IAW the PD.

FOB: Destination

PURCHASE REQUEST NUMBER: 0011907960

PSC CD: 7690

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0003 250 Each

Wristband

FFP

The contractor shall provide wristband IAW the PD.

FOB: Destination

PURCHASE REQUEST NUMBER: 0011907960

PSC CD: 7690

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0004 250 Each

Ink Pen

FFP

The contractor shall provide ink pen IAW the PD.

FOB: Destination

PURCHASE REQUEST NUMBER: 0011907960

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0005 200 Each

Notebook Set

FFP

The contractor shall provide notebook set IAW the PD.

FOB: Destination

PURCHASE REQUEST NUMBER: 0011907960

PSC CD: 7690

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0006 300 Each

Flashlight with Pen and Lanyard

FFP

The contractor shall provide flashlight with pen and lanyard IAW the PD.

FOB: Destination

PURCHASE REQUEST NUMBER: 0011907960

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0007 250 Each

Foam Putty

FFP

The contractor shall provide foam putty IAW the PD.

FOB: Destination

PURCHASE REQUEST NUMBER: 0011907960

PSC CD: 7690

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0008 500 Each

Hand Sanitizer with Leash

FFP

The contractor shall provide hand sanitizer with leash IAW the PD.

FOB: Destination

PURCHASE REQUEST NUMBER: 0011907960

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0009 250 Each

Mesh Sport Pack

FFP

The contractor shall provide mesh sport pack IAW the PD.

FOB: Destination

PURCHASE REQUEST NUMBER: 0011907960

PSC CD: 7690

NET AMT

UNIT UNIT PRICE AMOUNT ITEM NO SUPPLIES/SERVICES QUANTITY

0010 Each

Deleted Per Amendment 0001

UNIT UNIT PRICE AMOUNT ITEM NO SUPPLIES/SERVICES QUANTITY

Deleted Per Amendment 0001

NET AMT

UNIT UNIT PRICE AMOUNT ITEM NO SUPPLIES/SERVICES QUANTITY

0012 Each

Deleted Per Amendment 0001

UNIT UNIT PRICE AMOUNT ITEM NO SUPPLIES/SERVICES QUANTITY

0013 Each

Deleted Per Amendment 0001

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0014 150 Each

Notebook and Pen

FFP

The contractor shall provide notebook and pen IAW the PD.

FOB: Destination

PURCHASE REQUEST NUMBER: 0011907960

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0015 150 Each

Shoulder Bag

FFP

The contractor shall provide shoulder bag IAW the PD.

FOB: Destination

PURCHASE REQUEST NUMBER: 0011907960

PSC CD: 7690

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0016 150 Each

Water Bottle

FFP

The contractor shall provide water bottle IAW the PD.

FOB: Destination

PURCHASE REQUEST NUMBER: 0011907960

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0017 250 Each Lunch Set

FFP

The contractor shall provide lunch set IAW the PD.

FOB: Destination

PURCHASE REQUEST NUMBER: 0011907960

0018 2,000 Each Stylus Pen

FFP

The contractor shall provide stylus pen IAW the PD.

FOB: Destination

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0019 1,000 Each

Sewing Kit

FFP

The contractor shall provide sewing kit IAW the PD.

FOB: Destination

PURCHASE REQUEST NUMBER: 0011907960

PSC CD: 7690

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0020 1,000 Each

First Aid Kit

FFP

The contractor shall provide first aid kit IAW the PD.

FOB: Destination

PURCHASE REQUEST NUMBER: 0011907960

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0021 2,000 Each

Magnet Clip

FFP

The contractor shall provide magnet clip IAW the PD.

FOB: Destination

PURCHASE REQUEST NUMBER: 0011907960

PSC CD: 7690

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0022 500 Each

Stress Ball

FFP

The contractor shall provide stress ball IAW the PD.

FOB: Destination

PURCHASE REQUEST NUMBER: 0011907960

0023 500 Each Mouse Pad Sticky Note and Paper

FFP

The contractor shall provide mouse pad sticky note and paper IAW the PD.

FOB: Destination

0024 1,000 Each Refrigerator Magnet

FFP

The contractor shall provide refrigerator magnet IAW the PD.

FOB: Destination

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0025 55 Each

Artwork Setup

FFP

The contractor shall provide artwork setup IAW the PD.

FOB: Destination

PURCHASE REQUEST NUMBER: 0011907960

PSC CD: 7690

NET AMT

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-17 Ownership or Control of Offeror AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

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

Systems

NOV 2021

52.204-22 Alternative Line Item Proposal JAN 2017 52.204-24 Representation Regarding Certain Telecommunications and

Video Surveillance Services or Equipment

NOV 2021

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

OCT 2020

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

MAR 2023

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

DEC 2022

52.219-1 (Dev) Small Business Program Representations (Deviation 2023- O0002)

MAR 2023

52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals -- Representation.

DEC 2016

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.246-2 Inspection Of Supplies--Fixed Price AUG 1996 52.246-2 Inspection Of Supplies--Fixed Price AUG 1996 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

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

Officials

SEP 2022

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

JAN 2023

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

JAN 2023

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

JAN 2023

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.204-7020 NIST SP 800-171 DoD Assessment Requirements JAN 2023 252.204-7022 Expediting Contract Closeout MAY 2021 252.225-7001 Buy American And Balance Of Payments Program--Basic JAN 2023 252.225-7001 Buy American And Balance Of Payments Program--Basic JAN 2023 252.225-7002 Qualifying Country Sources As Subcontractors MAR 2022 252.225-7002 Qualifying Country Sources As Subcontractors MAR 2022 252.225-7013 Duty-Free Entry--Basic DEC 2022 252.225-7036 Buy American--Free Trade Agreements--Balance of

Payments Program--Basic

JAN 2023

252.225-7048 Export-Controlled Items JUN 2013 252.225-7055 Representation Regarding Business Operations with the

Maduro Regime

MAY 2022

252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime

JAN 2023

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.239-7098 (Dev) Prohibition on Contracting to Maintain or Establish a

Computer Network Unless Such Network is Designed to Block Access to Certain Websites - Representation.

(Deviation 2021-O0003)

APR 2021

252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Products or Commercial

Services

JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

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

(b) Prohibition.

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

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

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

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

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

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

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

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

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

(d) Representations. The Offeror represents that--

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

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

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

(e) Disclosures.

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS - COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (DEVIATION 2023-O0002) (DEC 2022)

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

(a) Definitions. As used in this provision - Covered telecommunications equipment or services has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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

Forced or indentured child labor means all work or service -

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

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

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

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate -

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology -

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

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

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

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

Service-disabled veteran-owned small business 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 its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.

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

CFR 121.103.

Small disadvantaged business concern, consistent with 13 CFR 124.1002, 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 $850,000 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 its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

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

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

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

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

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

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

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

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

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

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

(1) Small business concern. The offeror represents as part of its offer that -

(i) It [ ___ ] is, [ ___ ] is not a small business concern; or

(ii) It [ ___ ] is, [ ___ ] is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h) and 13 CFR 125.8(a) and (b). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .]

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

(3) 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 -

(i) It [ ___ ] is, [ ___ ] is not a service-disabled veteran-owned small business concern; or

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 125.18(b)(1) and (2).

[The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .] Each service-disabled veteran-owned small business concern participating in the joint venture shall provide representation of its service-disabled veteran-owned small business concern status.

(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 joint venture eligible under the WOSB Program. The offeror represents that it [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .]

(7) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents that it [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c).

[The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .] Note to paragraphs (c)(8) and (9):

Complete paragraphs (c)(8) and (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, as having been certified by SBA as a HUBZone small business concern in the Dynamic Small Business Search and SAM, and will attempt to maintain an employment rate of HUBZone residents of 35 percent of its employees during performance of a HUBZone contract (see 13 CFR 126.200(e)(1)); and

(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR 126.616(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .] Each HUBZone small business concern participating in the HUBZone joint venture shall provide representation of its HUBZone status.

(d) 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 to the Equal Opportunity clause of this solicitation; 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 parts 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 and that each domestic end product listed in paragraph (f)(3) of this provision contains a critical component.

(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. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select “no”.

(iii) The Offeror shall separately list the line item numbers of domestic end products that contain a critical component (see FAR 25.105).

(iv) The terms “commercially available off-the-shelf (COTS) item,” “critical component,” “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 Exceeds 55% domestic content (yes/no)

[List as necessary]

(3) Domestic end products containing a critical component:

Line Item No.

(4) 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 and that each domestic end product listed in paragraph (g)(1)(iv) of this provision contains a critical component.

(B) The terms “Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,” “commercially available off-the-shelf (COTS) item,” “critical component,” “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. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select “no”.

Other Foreign End Products:

Exceeds 55% domestic content (yes/no)

(iv) The Offeror shall list the line item numbers of domestic end products that contain a critical component (see FAR 25.105).

Line Item No.

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

(2) Buy American - Free Trade Agreements - Israeli Trade Act Certificate, Alternate II. 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 Israeli end products as defined in the clause of this solicitation entitled “Buy American - Free Trade Agreements - Israeli Trade Act”:

Israeli End Products:

Line Item No.

(3) 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:

(4) 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 with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.

(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals -

(1) [ ___ ] Are, [ ___ ] are not presently debarred, suspended, proposed…