Sanitizer Stations - COVID 19
Combined Synopsis/Solicitation
W50S7Z-20-Q-0020
for
Hand Sanitizer
at
NAS-JRB New Orleans
Request for Information (RFIs): Contractors shall email all inquiries and RFI's to John Kattengell at john.r.kattengell2.mil@mail.mil no later than 11:00 am CST (1100) on Wednesday, June 24th 2020.
Quotes or Proposals (offers) will be e-mailed (preferred) to john.r.kattengell2.mil@mail.mil and janice.m.hills.mil@mail.mil no later than the FBO listed date and time
1. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. A Firm-Fixed Price (FFP) contract is being contemplated. Please see attached item Description. This is a meet or exceed specification purchase for brand new, never been used, items Award will be conducted and evaluated under the provisions of FAR Part 12 "Acquisition of Commercial Items." All potential vendors must be registered and active with no exclusions in Systems for Award Management (sam.gov). Payment for this contract will be made via PIEE/Wide Area Workflow (WAWF).
2. The solicitation number is listed via FBO and is hereby issued as a request for quotation (RFQ);
3. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2020-05 published in the Federal Register on February 27, 2020
4. The set-aside is for small business for the associated NAICS Category 325611 and small business size standard of 1000 employees.
5. The following line item number(s) and items, quantities, and units of measure are applicable to this acquisition:
CLIN
DESCRIPTION
QTY UNIT OF MEASURE
0001 Dispenser Hand Sanitizer, 1200mL, Gray
PURELL 1904-02 or equal 184 each
0002 Floors Stand, 1200mL, Gray
PURELL 2720-12 or equal 184 each
0003 Refill Cartridge Hand Sanitizer, Foam-2 cartridges per
Pack PURELL 2423-DS or equal 312 each
6. Description of requirements for the items to be acquired: see above and attached description document
7. Date(s) and place(s) of delivery and acceptance and FOB point: see attached description document (default to FOB Destination)
8. The provision at 52.212-1, Instructions to Offerors-Commercial, applies to this acquisition and a statement regarding any addenda to the provision.
9. The provision at 52.212-2, Evaluation-Commercial Items, applies to this acquisition and a statement regarding any addenda to the provision and the specific evaluation criteria is listed
10. Please include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items, with its offer.
11. The clause at 52.212-4, Contract Terms and Conditions-Commercial Items, applies to this acquisition and a statement regarding any addenda to the clause.
12. The clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items, applies to this acquisition and a statement regarding which, if any, of the additional FAR clauses cited in the clause are applicable to the acquisition.
13. Additionally: 159 Fighter Wing requires the following:
a. Company must have an, “active,” SAM status, and provide the Tax ID number and CAGE code or DUNS.
b. List of Attachments: Attachment 1, Description
c. Items must be in accordance with (IAW) applicable industry standards
d. Company must be prepared to invoice via WAWF/PIEE Government paperless invoicing/payment system
e. Vendor past performance record will be reviewed prior to award. Responsibility shall also be determined IAW FAR 9.103
f. Quotes must include delivery schedule/lead times and provide brand and model numbers of equipment or parts.
g. Quotes shall be valid for 90 calendar days, starting from the day of receipt date
h. It is the interested Offeror's responsibility to check FedBizOpps (FBO) for updated information.
i. Basis for Award IAW FAR 52.212-2, 15.304: The award will be made to the lowest priced technically acceptable proposal or offer. Technical capability is more important than price. Proposals or quotes will be evaluated for technical acceptability (including past performance), but will not be ranked using the non-price Factors (and Subfactors). This is an all-or-none requirement and partial quotes will be deemed unresponsive and will not be evaluated. The Government will award on a single purchase order to the responsible Offeror whose offer conforms to the requirements as statedIn order for an Offeror to be considered for award, the proposal must receive an "Acceptable" rating in every non-price Factor. A proposal receiving a rating of "Unacceptable" in any non-price Factor will not be eligible for award. The following evaluation factors and subfactors will be used to evaluate each proposal: Technical acceptability is considered using price, performance and capability. Evaluation of the offeror's proposal shall address the acceptability of the response to each subfactor as it applies. The quote must convey a clear understanding of the requirement or project. The bidder or proposing vendor must also convey a capability to fulfill the requirement as outlined in the description. The Government will award a contract resulting from this solicitation to the Lowest Price Technically Acceptable (LPTA) offeror whose offer conforming to the solicitation the price and other factors considered. The following factors shall be used to evaluate offers:
I. Technical capability of the proposed item/service offered to meet the Government requirement; and
II. Price (evaluation of price shall be the sum of all line items, including options if applicable). The resulting award will be a firm fixed price contract type. Price Reasonableness will be utilized in the evaluation of the Firm-Fixed price effort
III. Past Performance the CO will consider data available regarding the supplier's past performance history. Each offeror's past performance will be reviewed.
g. Delivery: Inspection/Acceptance Terms: Destination/Destination. Delivery Terms: FOB Destination to specified building (see description) NAS-JRB New Orleans Directions & Phone for the NAS-JRB NO Main Gate: 504-678-3827. Access to installation: Visitors must pick up their pass at the Installation's Main entry Gate prior to arrival you will be required to present the following information upon arrival and may complete a background check SECNAV 5512:
I. Two Forms of Identification (i.e. Driver's License, passport)
II. Valid Vehicle Registration
III. Current Proof of Insurance
IV. Car Rental Agreement (if applicable)
14. The Defense Priorities and Allocations System (DPAS) does not apply to this acquisition
15. The date, time and place offers are due is listed and possibly amended via the FBO system
16. The name and email address of the individual to contact for information regarding the solicitation is listed via FBO
The Contractor shall comply with the FAR clauses as being incorporated in this contract by reference to implement provisions of law or Executive Orders applicable to acquisitions of commercial items when applicable per the item, proposed contract type and regulation:
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).
52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).
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).
52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note) [Reserved]
52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).
52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313) [Reserved]
52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a) (ii) Alternate I (Nov 2011) of 52.219-3.
52.222-3, Convict Labor (June 2003) (E.O. 11755)
52.222-19, Child Labor-Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126).
52.222-21, Prohibition of Segregated Facilities (Apr 2015).
52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).
52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.793).
52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
52.222-50, Combating Trafficking in Persons (Mar 2015) (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).
52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).
52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a). (ii) Alternate I (Jan 2017) of 52.224-3.
52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83). (49) (i)
52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) U.S.C. chapter 83, 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 (May 2014) of 52.225-3. (iii) Alternate II (May 2014) of 52.225-3. (iv) Alternate III (May 2014) of 52.225-3.
52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
52.232-33, Payment by Electronic Funds Transfer- System for Award Management (Jul 2013) (31 U.S.C. 3332).
52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d) (12)).
52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).
(ii) Alternate I (Apr 2003) of 52.247-64. The Contractor shall comply with the FAR clauses in this paragraph, 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 items
52.249-8 Default (Fixed-Price Supply and Service).
52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form)
More Clauses/Provisions:
52.204-7 "System for Award Management"
52.204-13 "System for Award Management Maintenance"
52.204-16 "Commercial and Government Entity Code Reporting"
52.204-17 "Ownership or Control of Offeror"
52.204-18 "Commercial and Government Entity Code Maintenance"
52.204-19 "Incorporation by Reference of Representations and Certifications"
52.204-22 "Alternative Line Item Proposal"
52.209-2 "Prohibition Contracting with Inverted Domestic Corporations Representation"
52.209-5 "Certification Regarding Responsibility Matters"
52.209-10 "Prohibition on Contracting with Inverted Domestic Corporations"
52.209-11 "Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under and Federal Law"
52.212-4 "Contract Terms and Conditions - Commercial Items"
52.225-3 "Buy American -- Free Trade Agreements -- Israeli Trade Act. (Alternate III)"
52.225-13 "Restrictions on Certain Foreign Purchases"
52.225-25 "Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran--Representation and Certifications."
52.232-40 "Providing Accelerated Payments to Small Business Subcontractors."
52.233-4 "Applicable Law for Breach of Contract Claim"
252.204-7008 "Compliance With Safeguarding Covered Defense Information Controls"
252.204-7012 "Safeguarding Covered Defense Information and Cyber Incident Reporting"
252.209-7999 "Representations by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction Under any Federal Law-Fiscal Year 2016 Appropriations"
252.211.7003 "Item Unique Identification and Valuation."
252.213-7000 "Notice to Prospective Suppliers on Use of Past Performance Information Retrieval System-Statistical Reporting in Past Performance Evaluations"
252.225-7036 "Buy American-Free Trade Agreements--Balance of Payments Program--Alternate IV"
252.232-7003 "Electronic Submission of Payment Requests and Receiving Reports"
252.232-7006 "Wide Area Workflow Payment Instructions"
252.232-7010 "Levies on Contract Payments"
252.244-7000 "Subcontracts for Commercial Items"
252.246-7008 "Sources of Electronic Parts"
252.204-7012 Safeguarding of Unclassified Controlled Technical Information
End
W50S7Z-20-Q-0020 Department of the Army Louisiana Army National Guard
6/19/20, 8:27 PM HYGIENE KITS
This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. The solicitation number is 20135284-B and is issued as a Request for Quote (RFQ), unless otherwise indicated herein. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2022-08. The associated North American Industrial Classification System (NAICS) code for this procurement is 455219 with a small business size standard of $35.00M. This requirement is unrestricted and only qualified sellers may submit bids. The solicitation pricing on https://marketplace.unisonglobal.com will start on the date this solicitation is posted, and, unless otherwise displayed at https://marketplace.unisonglobal.com, will end on: 2022-11-08 13:30:00.0 Eastern Time. This time supersedes the Offers Due Time listed above. FOB Destination shall be in the Statement of Work.The DHS Customs and Border Protection (CBP) requires the following items, Meet or Exceed, to the following: LI 001: Hygiene Kits- Personal Admissions Kit 1635: Except the Razor Kit includes: BB28 Toothbrush, FM85 0.85 oz. Nature Mint®Toothpaste, C5B 5" Comb, (Black) RD7990 1.5 oz. Anti-Perspirant, Roll-On 62105-C #1.25 Wrapped Deodorant Soap MS4 4 fl oz.Maximum Security Shampoo WS1212 washcloth, white (500 kits per case), 500, cases;LI 002: Tampon, Sanitary, (8) per Box Medium, 500, box;LI 003: Tampon, Sanitary, (8) per Box Large, 500, box;Solicitation and Buy Attachments***Question Submission: Interested Offerers must submit any questions concerning the solicitation at the earliest time possible to enable the Buyer to respond. Questions must be submitted by using the 'Submit a Question' feature at https://marketplace.unisonglobal.com. Questions not received within a reasonable time prior to close of the solicitation may not be considered.***For this solicitation, DHS Customs and Border Protection (CBP) intends to conduct an online competitive reverse auction to be facilitated by the third-party reverse auction provider, Unison Marketplace. Unison Marketplace has developed an online, anonymous, browser based application to conduct the reverse auction. An Offeror may submit a series of pricing bids, which descend in price during the specified period of time for the aforementioned reverse auction. DHS Customs and Border Protection (CBP) is taking this action in an effort to improve both vendor access and awareness of requests and the agency's ability to gather multiple, competed, real-time bids. All responsible Offerers that respond to this solicitation MUST submit the pricing portion of their bid using the online exchange located at https://marketplace.unisonglobal.com. There is no cost to register, review procurement data or make a bid on https://marketplace.unisonglobal.com. Offerers that are not currently registered to use https://marketplace.unisonglobal.com should proceed to https://marketplace.unisonglobal.com to complete their free registration. Offerers that require special considerations or assistance may contact Marketplace Support at 1.877.933.3243 or via email at marketplacesupport@unisonglobal.com. Offerers may not artificially manipulate the price of a transaction on https://marketplace.unisonglobal.com by any means. It is unacceptable to place bad faith bids, to use decoys in the https://marketplace.unisonglobal.com process or to collude with the intent or effect of hampering the competitive https://marketplace.unisonglobal.com process. Should Offerers require additional clarification, notify the point of contact or Marketplace Support at 1.877.933.3243 or marketplacesupport@unisonglobal.com.Use of Unison Marketplace: Buyers and Sellers agree to conduct this transaction through Unison Marketplace in compliance with the Unison Marketplace Terms of Use. Failure to comply with the below terms and conditions may result in offer being determined as non-responsive.Unless the Buyer indicates otherwise within a particular line item description, each Seller shall include in its online Bid individual pricing for all required line items in order to be considered for award (i.e., Do not use the Included in another line item function when pricing each line item). If a line item cannot be separately priced, you must notify the buyer through the Unison Submit a Question feature regarding which line item(s) should be included in which other line item(s) and request reposting. Failure to comply with this term may result in the Bid being determined to be non-responsive.New Equipment ONLY; NO remanufactured or "gray market" items. All items must be covered by the manufacturer's warranty.Bid MUST be good for 30 calendar days after close of Buy.Shipping must be free on board (FOB) destination CONUS (Continental U.S.), which means that the seller must deliver the goods on its conveyance at the destination specified by the buyer, and the seller is responsible for the cost of shipping and risk of loss prior to actual delivery at the specified destination.This solicitation requires registration with the System for Award Management (SAM) at the time an offer or quotation is submitted, excluding the exceptions outlined in FAR 4.1102(a). Registration information can be found at www.sam.gov.No partial shipments are permitted unless specifically authorized at the time of award.Delivery must be made within 30 days or less after receipt of order (ARO). The offeror must provide within its offer the number of days - not to exceed 30 - required to make delivery after it receives a purchase order from the buyer. Unless otherwise noted.The selected Offeror must comply with the following commercial item terms and conditions, which are incorporated herein by reference: FAR 52.212-1, Instructions to Offerors - Commercial Items, applies to this acquisition; FAR 52.212-3, Offeror Representations and Certifications - Commercial Items - the selected offeror must submit a completed copy of the listed representations and certifications; FAR 52.212-4, Contract Terms and Conditions - Commercial Items; FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items, paragraph (a) and the following clauses in paragraph (b): 52.222-21, 52.222-26, 52.222-35, 52.222-36, 52.222-37, 52.225-13, 52.232-34. The full text of the referenced FAR clauses may be accessed electronically at https://www.acquisition.gov/far/.FAR 52.212-4, Contract Terms and Conditions - Commercial Items; FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items, paragraph (a) and the following clauses in paragraph (b): 52.222-21, 52.222-26, 52.222-35, 52.222-36, 52.222-37, 52.225-13, 52.232-34. The full text of the referenced FAR clauses may be accessed electronically at http://www.acqnet.gov/far.Q&A -Please submit all questions by using the 'Submit a Question' button. This buy will then be reposted with Q&A based on the questions that come in (if applicable).In addition to providing pricing at www.unisonmarketplace.com for this solicitation, each Offeror must provide any required, NON-PRICING responses (e.g. technical proposal, representations and certifications, etc.) so that they are received no later than the closing date and time for this solicitation. Submissions can be sent to marketplacesupport@unisonglobal.com.For all buys other than Exact Match Sellers MUST document what they are bidding for evaluation for award. Sellers must include, extended specs and/or manufacturer name and part numbers (if applicable). Failure to do this may be cause for termination. This information is REQUIRED in order for a sellers bid to be deemed 'responsive' and to be considered for award. FAR 52.211-6.In accordance with the IPP clause; ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS - INVOICE PROCESSING PLATFORM (IPP) (JAN 2016), payment requests for all new awards must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP). The Contractor must use IPP for contracts and orders awarded April 11, 2016 or later.
To constitute a proper invoice, the payment request must comply with the requirements identified in FAR 32.905(b), "Payment documentation and process" and the applicable Prompt Payment clause included in this contract. The IPP website address is: https:// www.ipp.gov.
Contractor assistance with IPP enrollment can be obtained by contacting IPPCustomerSupport@fms.treas.gov or phone (866) 973-3131.
If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the contracting officer.(a) Definitions. As used in this clause-
"Covered article" means any hardware, software, or service that-
(1) Is developed or provided by a covered entity;
(2) Includes any hardware, software, or service developed or provided in whole or in part by a covered entity; or
(3) Contains components using any hardware or software developed in whole or in part by a covered entity.
"Covered entity" means-
(1) Kaspersky Lab;
(2) Any successor entity to Kaspersky Lab;
(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or
(4) Any entity of which Kaspersky Lab has a majority ownership.
(b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits Government use of any covered article. The Contractor is prohibited from-
(1) Providing any covered article that the Government will use on or after October 1, 2018; and
(2) Using any covered article on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the contract.
(c) Reporting requirement.
(1) In the event the Contractor identifies covered article provided to the Government 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, in writing, via email, to the Contracting Officer, Contracting Officer's Representative, and the Enterprise Security Operations Center (SOC) at NDAA_Incidents@hq.dhs.gov, with required information in the body of the email. 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 Enterprise SOC, Contracting Officer for the indefinite delivery contract and the Contracting
Officer(s) and Contracting Officer's Representative(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.
(2) The Contractor shall report the following information pursuant to paragraph (c)(1) of this clause:
(i) Within 1 business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; brand; model number (Original Equipment Manufacturer (OEM) number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.
(ii) Within 10 business days of submitting the report pursuant to paragraph (c)(1) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of a covered article, any reasons that led to the use or submission of the covered article, and any additional efforts that will be incorporated to prevent future use or submission of covered articles.
(c) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts, including subcontracts for the acquisition of commercial items.
(End of clause)52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.
As prescribed in 4.2105(a), insert the following provision:
Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (AUG 2020)
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 the provision at 52.204-26, Covered Telecommunications Equipment or Services-Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Items.
(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.(a) Definitions. As used in this clause-
"Backhaul" means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).
"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 (50 U.S.C. 4817).
"Interconnection arrangements" means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.
"Reasonable inquiry" means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.
"Roaming" means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.
"Substantial or essential component" means any component necessary for the proper function or performance of a piece of equipment, system, or service.
(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. 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 FAR 4.2104.
(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, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. 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.
(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 in writing via email to the Contracting Officer, Contracting Officer's Representative, and the Enterprise Security Operations Center (SOC) at NDAA_Incidents@hq.dhs.gov, with required information in the body of the email. 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 Enterprise SOC, Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) and Contracting Officer's Representative(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)(1) 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.As prescribed in 4.2105(c), insert the following provision:
COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES-REPRESENTATION (DEC 2019)
(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.
(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".
(c) Representation. The Offeror represents that it □ does, □ does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.Please refer to https://www.dhs.gov/publication/current-far-deviations for additional information regarding the following FAR Class Deviations 20-07.
52.204-8 Annual Representations and Certifications (DEVIATION 20-07);
52.222-19 Child Labor-Cooperation with Authorities and Remedies. (DEVIATION 20-07);
52.225-3 Buy American-Free Trade Agreements-Israeli Trade Act (DEVIATION 20-07);
52.225-4 Buy American-Free Trade Agreement-Israeli Trade Act Certificate (DEVIATION 20-07);
52.225-5 Trade Agreements (DEVIATION 20-07);
52.225-11 Buy American-Construction Materials Under Trade Agreements (DEVIATION 20-07); and
52.225-23 Required Use of American Iron, Steel, and Manufactured Goods-Buy American Statute-Construction Materials Under Trade Agreements (DEVIATION 20-07).Buy America-SuppliesBuy American- Free Trade Agreements-Israeli Trade ActRestriction on Certain Foreign Purchases
20135284-B Department of Homeland Security Customs and Border Protection
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