1333MK22QNMAN0001.pdf

RFQ IFB RFP

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER PAGE OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODEFACILITY

CODE

CODE

TELEPHONE NO.

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

OFFER

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

BELOW IS CHECKED

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF.

DATED . YOUR OFFER ON SOLICITATION

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

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

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

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

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

OFFER

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

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

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

17a CONTRACTOR/

OFFEROR.

CODE

8 (A)

SIZE STANDARD:

NAICS:

% FOR:SET ASIDE:UNRESTRICTED OR

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

10. THIS ACQUISITION IS

EDWOSB

SMALL BUSINESS PROGRAM

STANDARD FORM 1449 (REV. 2/2012) BACK

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

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

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

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

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

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER

36. PAYMENT

COMPLETE PARTIAL FINAL

Attachment Page

PAGE 3 OF 41 1333MK22QNMAN0001

Ships Husbanding and Associated Services in Cape Town, South Africa for NOAA Ship Ronald H. Brown

Statement of Work

Prepared 08 October 2021 by:

CDR Stephen Barry

Executive Officer NOAA Ship Ronald H. Brown

PAGE 4 OF 41 1333MK22QNMAN0001

1. Introduction

NOAA Ship Ronald H. Brown (RHB), home ported in Charleston SC, is a public vessel owned and operated by the U.S. Department of Commerce, National Oceanic and Atmospheric Administration (NOAA), Office of Marine and Aviation Operations. NOAA Ship Ronald H. Brown is an AGOR class research vessel commissioned by NOAA in 1997. From November 2021 – March 2022 the ship will be conducting oceanic and atmospheric research in the Atlantic Ocean.

2. Scope

The purpose of this Statement of Work (SOW) is to detail requirements for services to be provided by the husbanding agent while the ship makes one (1) visits to Cape Town, South Africa during the period of performance.

3. Period of Performance and Place of Performance

Period of Performance shall be 11 December 2021 – 15 January 2022. During this period, the ship will make one (1) visits to Cape Town, South Africa. The specific dated of the port calls are detailed below:

• 21 December 2021 – 05 January 2022 (14 days)

Alternate dates for period of performance shall not exceed 2 weeks before or after the dates given here, except by mutual agreement. Contract may be canceled by Contracting Officer (KO) without penalty due to unusual/unplanned operational requirements (adrift buoy retrieval, science gear failure, etc), medical evacuations, hazardous weather avoidance, or other such unplanned diversions from RB’s intended route. KO will provide notice of any changes at least 24 hours in advance.

Alternate dates may, but are not expected to, add to or subtract from the total number of days in the period of performance. The day of departure will likely require only limited services for a portion of the day. Services will be prorated, and billed based on actual use throughout the period of performance.

Place of performance shall be the port of Cape Town, South Africa. Specific pier designation is to be finalized by consultation between Agent and Technical Point of Contact upon award. The general location of the pier shall be convenient to downtown Cape Town, with the berths at V&A Waterfront being preferred. Access for vessel personnel and supply vehicles is required. Facility access should be controlled. The specific pier location must meet the security and depth requirements described in Section 4 “Supplies and Services”.

PAGE 5 OF 41 1333MK22QNMAN0001

4. Supplies, Services and Performance Standards

The contractor/husbanding agent, shall provide and perform to standards as follows:

A. SERVICES REQUIRED FOR VISIT TO CAPE TOWN, SOUTH AFRICA

• Pilotage o Pilot with internationally recognized qualification, certified by local port authority o Total of two (2) transits

• Compulsory Tug o Only if required by port regulations/authorities, not otherwise o Only the minimum number and minimum capabilities required by port regulations o Arrangements to be made at least 24 hours in advance o Total of two (2) transits

• Pier Space of 350 linear feet o More than 22 feet (6.7 m) of water depth at Mean Lower Low Water o Dedicated such that ship will not be required to move once moored for the duration of each visit.

o Inside an access-controlled facility with 24 hour / 7 day access for all personnel

• Line Handlers o At least two able bodied line handlers, one at the bow and one at the stern.

o Upon arrival and departure (total of 2 evolutions), and available for shifting ship in the interim if needed.

o To be scheduled and/or rescheduled with 24 hours notice.

o Ready on station at least 15 min prior to arrival and departure.

• Brow Rental o Only if ship’s brow is of insufficient length due to fender offset.

o Total of 14 days, if needed.

• Customs and Immigration support o Support/liaison services to assure clearance within 1-3 hours of arrival

• Husbanding Agent o Brief vessel command prior to arrival on local area emergency services including law enforcement, fire, medical and environmental response. Include contact information, and regular and after hour call and response procedures.

o Brief vessel command prior to arrival on relevant local regulations, known security or health risks, local parks/restaurants/businesses o Phone communications daily, and 24 hour / 7 day availability if needed o Act as single point of contact for all services to be received, and take responsibility for all associated coordination, subcontracting, invoicing and payments o Services required for a total of 14 days in port.

• Potable Water (if available in Cape Town, SA) o Delivery by pipeline at the pier o Connected/disconnected by pier operators upon arrival/departure (1 connection and 1 disconnection needed) o Up to 3,000 U.S. gallons (3.53 tonnes / 10 KL / 10 m3) per day. Up to a 14 day total of

42,000 U.S. Gallons (50 tonnes) o Acceptance of water is dependent on RHB testing. A free available chlorine (FAC) or a total bromine residual (TBR), and a coliform test, shall be completed by the ship's Medical Officer on all water to be received in a foreign port. Potable water to be

PAGE 6 OF 41 1333MK22QNMAN0001

received with a halogen residual lower than 2.0 parts per million (ppm) shall be increased to meet this required level of 2.0 ppm.

• Sewage/ Black water o Offload by pipeline at the pier if available, or by vacuum truck otherwise o Connected/disconnected by pier operators upon arrival/departure o Up to 3,000 U.S. gallons (3.53 tonnes / 10 KL / 10 m3) per day o If via pier connection-up to 3,000 U.S. gallons (3.53 tonnes / 10 KL / 10 m3) per day o If via truck, sewage offloads shall be only be scheduled by the ship as needed basis, approximately one 5,000 gal truck every 3 days for the duration of the stay not to exceed total of five pump outs.

o Vacuum Truck with the ability to pump out/ offload sewage from the ship as the ship cannot pump on their own.

• Garbage o Approximately 9 cubic meter skip / dumpster near the ship on the pier o Ready for immediate use upon arrival, and thereafter Garbage disposal shall be only be scheduled by the ship to be emptied as needed basis.

o Ship will require the skip / dumpster to be emptied no more than 14 times throughout the period of performance.

• Bilge Water & Oil Residue (including used oil tank) Removal and Disposal o Up to 4,000 gallons (15.1 m3) total (including oily water/bilge water and used oil) o Off-load by truck. Vacuum Truck with the ability to pump off from ship tanks.

• Lube Oil o 880 gallons Mobile DelVac 1300 Super 15W40 lube oil, o If by drums provide 16 full drums, pumped onboard and take the empty drums back.

o If Bulk delivery by truck. Truck must have pump and suitable lengths of hose capable of pumping the lube oil to the vessel

• Pier-Side Security o Trained and qualified security watch standers to maintain 24 hour / 7 days per week continuous watch over the gangway in appropriate shifts (to include all weekends and holidays).

o Approximate total number of guard hours needed will be 336 hours.

o No single watch stander will be on shift longer than 12 hours in any 24 hour period.

o Stand watch on the pier immediately adjacent to the RHB gangway.

o Allow ship access only for those personnel on list provided by RHB, or by permission of Officer of the Deck (OOD), Operations Officer (OPS), Chief Marine Engineer (CME), Executive Officer (XO) or Commanding Officer (CO).

o All watch standers must be English speaking.

o Vendor to provide shelter (guard shack) and toilet facilities for guard.

• Food Stores o Including produce, dairy, frozen goods, meats and dry goods.

o Order may be given after award, however Final Amendment to the Food order to be provided 1 week in advance this will allow for changes to the food stores. No penalties for changes of food stores shall be imposed to the ship within this period.

o Per Vessel Sanitation Program 2011 Operations Manual, by U.S. Public Health Service (USPHS) and Centers for Disease Control and Prevention, “food must be obtained from sources that comply with applicable local, state, federal, or country of origin’s statutes, regulations, and ordinances”; and “Food prepared in a private home must not be used”

PAGE 7 OF 41 1333MK22QNMAN0001

o Acceptance dependent on RB inspection o Funds for Food Stores may be allocated as a place holder at the award level or during the life of the contract with a Not to Exceed Amount; however store prices shall be provided at market price and not to be marked up.

o Any associated fees regarding the food stores shall be provided upfront at solicitation and explained. (One example of associated fees may be delivery fees, if any).

• Ground Transportation o One (1) 10 passenger van and driver with qualification certified by local authorities o Operating hours shall be 0600-2300 on each day throughout the period of performance o Conduct route to/from ship to/from lodging facility/main town not less than twice per hour o Ship will require approximately 224 hours of shuttle van time.

• Airport Crew Pick-ups o Pick-ups and drop-offs at the Cape Town airport and assistance with Johannesburg flight transfers for up to 25 crew travelers.

o Airport shuttle driver is to meet the crew at the airports with a sign bearing the crewmember(s) name.

o List of crew names and flight information to be provided to the agent at least 24 hours before the first airport pickup.

• Medical Assistance as needed o Liaison with local principal hospital and other medical professionals as needed o Transport to hospital as needed

• Linen Service o Wash, fold, wrap in plastic or paper for transport.

o Pick-up and delivery of up to 200 lbs of linens.

o Completed within 2-3 day time window, not including arrival day or departure day.

• Fork Lift with a licensed/qualified operator o Provide a quote that shows a per hourly hour rate and the minimum hour that can requested/usage per day.

o Approximately 40 hours during the stay and during the hours of (0700hrs-1600hrs) o Forklift / operator shall be only be scheduled by the ship per days and hours needed.

o Capability adequate for moving pallets of food stores, 55 gal drums, engine parts, etc

Items to be lifted not to exceed 5000lbs

• Procurement and delivery of miscellaneous parts and supplies only if needed and available o Previous examples: water pump, freezer refrigerant, incinerator motor, fender rental.

o Funds for procurement and delivery of miscellaneous parts and supplies may be allocated at the award level or during the life of the contract as a place holder with a Not to Exceed Amount; however part prices shall be provided at market price and not to be marked up.

o Any associated fees regarding Procurement and delivery of miscellaneous parts and supplies shall be provided upfront at solicitation and explained. (One example of associated fees may be delivery fees if any).

• Air Freight Clearance and Transfer o Support and liaison services adequate to assure customs clearance of Air Freight shipments within one day of arrival o Ground transport of Air Freight shipments to arrive at ship the same day after clearance o Up to 8 separate deliveries of multiple Air Freight boxes/parcels/mail.

PAGE 8 OF 41 1333MK22QNMAN0001

5. Ship Specifications:

General Specifications:

• LOA: 274 ft (84m)

• Beam: 52 ft (16m)

• Draft: 19.0 ft (5.8 m)

• Displacement: 1627 T

• Gross Tonnage: 3180 T

Engineering Specifications:

• Main Propulsion Generators o Quantity: 3 o Type: Diesel o Manufacturer: Caterpillar o Model: 3516TA o Rated Power (each): 1,500 kW o Output Voltage: 600 VAC, 60 Hz, 3Ø

• Main Propulsion Units o Quantity: 2 o Type: Fully Rotating Stern Z-Drives o Manufacturer: Lips, Type FS 2500-450/1510 BO o Motor: GE, Powered from SCR drives o Rated Power (each): 3,000 HP

• Bow Thruster o Quantity: 1 o Type: Azimuthing Jet o Manufacturer: Elliot White Gill, Model 50 T 35 o Motor: GE, Powered from SCR drives o Rated Power: 1,180 HP

PAGE 9 OF 41 1333MK22QNMAN0001

6. Contracting Officer

The Contracting Officer (KO) is the sole person authorized to make or approve any changes in any of the requirements of this contract and notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely in the Contracting Officer. In the event the Contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract terms and conditions, including price.

7. Technical Point of Contact

The Contracting Officer may communicate through, and delivery of services will be coordinated through, the Technical Point of Contact. Close coordination is required to ensure time lines are corrected against any last minute updates. If changes are needed, please contact the vessel as soon as possible. The Technical Point of Contact will be:

NOAA Ship Ronald H. Brown 808-684-2352 satellite phone Email: xo.ronald.brown@noaa.gov

8. Payment

Payment will be made within thirty (30) days of receipt of invoice. Partial payments may be made, at the request of the vendor) following the execution of each individual port visit. Send invoices to:

Email: xo.ronald.brown@noaa.gov

AND

Jeffrey Kimble Financial Administrative Program Specialist Resource Management Branch Email: jeffrey.r.kimble@noaa.gov

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Please provide the following with your quote:

1. RFQ number, including name, address, telephone number and Duns Number, Cage Code and Tax Id.

2. Please provide a detailed and itemized cost to include the total amount per statement of requirements and per line items.

3. Include statement specifying the Extent of agreement with all the Terms, Conditions, and provision included in this RFQ. Quotes that reject the Government Terms and Conditions on this solicitation may be excluded from consideration.

4. Acknowledgement of solicitation Amendments (SF-30) if any.

5. Please provide at least three references for jobs performed within the past three years that are the same or Similar in scope specifically in "Vessel Husbandry Services".

Vendor shall provide a point of contact that includes name, telephone number, Emails and a detail description of the Service Performed and price.

All responsible sources may submit a Quotation which shall be considered by the agency. Quotes must be submitted via electronic Means (email) no later than October 26, 2021 at 5:00 p.m. Eastern Time (ET). To alexander.cancela@noaa.gov.

***Any award resulting from this RFQ will be made based on best value to the Government: Experience/ Past Performance, Availability (services and dates), and Price. ***

The government does not accept responsibility for nonreceipt of email. It is the contractor's responsibility to request a confirmation of the email receipt.

***All questions must be submitted in Writing to alexander.cancela@noaa.gov by October 21, 2021 at 5:00p.m. ET. Telephone inquiries will not be Honored.***

Contractors are encouraged to register with the https:// beta.SAM.gov/ vendor notification service as well as the interested vendors list for this acquisition (see applicable Tab within https://beta.sam.gov/where this synopsis/ solicitation is posted).

Quoters must be registered in the SAM database to be considered for award. Registration is Free and can be completed online at http://www.beta.SAM.gov/.

0001 Provide port services for the NOAA Ship Ronald Brown in Cape Town, South Africa for 14 days per attached Statement of work which includes:

Pilot, Compulsory Tug, Pier Space, Line Handlers, Brow Rental, Custom Imagartion Support, Portable water, Sewage/ Black water, Garbage, Bilge Water/ Oily Residue, Pier Side Security, Ground Transportation, Airport Crew Pickup, Medical assistance as needed, Linen Service, Forklift with a licensed operator, Air Freight Clerances.

1.00 LS

PAGE 10 OF 41 1333MK22QNMAN0001

** For each of the above, please ensure to provide a detailed and itemized cost to include the total amount per statement of requirements and per line item.**

0002 Lube Oil

880 gallons Mobile DelVac 1300 Super 15W40 lube oil

(NO SUBSTITUTION).

If by drums provide 16 full drums, pumped onboard and take the empty drums back.

If Bulk delivery by truck. Truck must have pump and suitable lengths of hose capable of pumping the lube oil to the vessel.

** When quoting, please advice wether Lube oil will be bulk or drums.**

880.00 GA

0003 HUSBANDING AGENCY FEES.

** This fees are strickly for the entired Purchase Order and will be tracked under this CLIN.**

Agency fee shall not collect any mark up, additional commisions or other fees associated with any other

CLINS.**

0004 FOOD STORES FOOD PROVISION:

Per Vessel Sanitation Program 2011 Operations Manual, by U.S. Public Health Service (USPHS) and Centers for Disease Control and Prevention, food must be obtained from sources that comply with applicable local, state, federal, or country of origin#s statutes, regulations, and ordinances; and Food prepared in a private home must not be used.

This will including produce, dairy, frozen goods, meats and dry goods. Order may be given after award, however the Final Amendment to the Food order to be provided one week in advance, this will allow for changes to the food stores. No penalties for changes of food stores shall be imposed to the ship within this period.

**Acceptance dependent on RB inspection.**

Funds for Food Stores may be allocated as a place holder at the award level with a Not to Exceed Amount;

however store prices shall be provided at market price and not to be marked up.

Any associated fees regarding the food stores shall be provided upfront at solicitation and explained. (One example of associated fees may be delivery fees, if any).

Agency fee shall not collect any mark up, additional commisions under this CLIN.**

PAGE 11 OF 41 1333MK22QNMAN0001

0005 MISC. SUPPLIES AND PARTS:

Procurement and delivery of miscellaneous parts and supplies only if needed and available.

Previous examples: water pump, freezer refrigerant, incinerator motor, fender rental.

Funds for procurement and delivery of miscellaneous parts and supplies may be allocated at the award or during the life of the contract as a place holder with a Not to Exceed Amount; however part prices shall be provided at market price and not to be marked up.

Any associated fees regarding Procurement and delivery of miscellaneous parts and supplies shall be provided upfront at solicitation and explained. (One example of associated fees may be delivery fees if any).

Agency fee shall not collect any mark up, additional commisions under this CLIN.**

Inclusion of FAR clause 52.217-8, Option to Extend Services, in the solicitation and resultant contract is for use by the Government as outlined at FAR 37.111, Extension of Services. The option will be exercised as needed at any time during the life of the contract using the rates applicable at the time of exercise.

OPT

0006 OPTIONAL SERVICES.

Additional Services not scheduled:

Funds may be allocated as place holder at the award level or during the life of the contract for procurement and delivery of additional services at market price or negotiated rate if quoted. Services may include additional services on the statement of need such as examples of additional trash and sewage pick up, additional forklift hours etc, and or any additional services realted to port services such as examples of pilots, tug services, etc.

Period of Performance: 12/11/2021 to 01/15/2022

PAGE 12 OF 41 1333MK22QNMAN0001

Table of Contents

FAR 52.217-8, OPTION TO EXTEND SERVICES STATEMENT

NOAA COVID-19 Screening Tool

52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY

AGREEMENTS OR STATEMENTS--REPRESENTATION (JAN 2017)

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

52.204-13SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

52.204-16COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (AUG 2020)

52.212-1INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (SEP 2021)

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

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUNE 2013)

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013)

52.247-34 F.O.B. DESTINATION (NOV 1991)

1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)

1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)

1352.228-72 DEDUCTIBLES UNDER REQUIRED INSURANCE COVERAGE- FIXED PRICE (APR 2010)

1352.233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS (APR 2010)

1352.237-73 FOREIGN NATIONAL VISITOR AND GUEST ACCESS TO DEPARTMENTAL RESOURCES (APR 2010)

1352.271-82 DEPARTMENT OF LABOR OCCUPATIONAL SAFETY AND HEALTH STANDARDS FOR SHIP REPAIR (APR 2010)..18

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS (JAN 2017) 18

52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY

KASPERSKY LAB AND OTHER COVERED ENTITIES (JUL 2018)

52.204-24REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT

(OCT 2020)

52.204-25PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT (AUG 2020)

52.204-26COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT 2020)

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS-REPRESENTATION (NOV 2015)... 23

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER

ANY FEDERAL LAW (FEB 2016)

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (OCT 2018)

52.212-5CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL

ITEMS (SEP 2021)

52.217-4 EVALUATION OF OPTIONS EXERCISED AT TIME OF CONTRACT AWARD (JUN 1988)

52.217-5 EVALUATION OF OPTIONS (JUL 1990)

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

52.252-5AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

52.252-6AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

1352.201-70 CONTRACTING OFFICER´s AUTHORITY (APR 2010)

1352.228-70 INSURANCE COVERAGE (APR 2010)

1352.233-70 AGENCY PROTESTS (APR 2010)

1352.237-75 KEY PERSONNEL (APR 2010)

1352.246-70 PLACE OF ACCEPTANCE (APR 2010)

1352.270-70 PERIOD OF PERFORMANCE (APR 2010)

1352.271-71 METHOD OF PAYMENT AND INVOICING INSTRUCTIONS FOR SHIP REPAIR (APR 2010)

1330-52.222-70NOAA SEXUAL ASSAULT AND SEXUAL HARASSMENT PREVENTION AND RESPONSE POLICY (MAY 2018)... 35

1330-52.237-70CONTRACTOR COMMUNICATIONS

1330-52.237-71NOAA GOVERNMENT-CONTRACTOR RELATIONS - NON-PERSONAL SERVICES CONTRACT (SEPT 2017)

1330-52.237-72CONTRACTOR ACCESS TO NOAA FACILITIES (SEPT 2017)

PAGE 13 OF 41 1333MK22QNMAN0001

Table of Contents

1330-52.242.70SUBMITTAL OF INVOICES

1330-52.270-304NOAA ACQUISITION AND GRANTS OFFICE OMBUDSMAN (OCT 2016)

PAGE 14 OF 41 1333MK22QNMAN0001

CLAUSES

FAR 52.217-8, OPTION TO EXTEND SERVICES STATEMENT

PAGE 15 OF 41 1333MK22QNMAN0001

FAR 52.217-8, OPTION TO EXTEND SERVICES STATEMENT

Inclusion of FAR Clause 52.217-8, Option to Extend Services, in the solicitation and resultant contract is for use by the Government as outlined at FAR 37.111, Extension of Services. The option will be exercised as needed at any time during the life of the contract using the rates applicable at the time of exercise.

NOAA COVID-19 Screening Tool

PAGE 16 OF 41 1333MK22QNMAN0001

***If you have participated in any of the following activities in past 7 DAYS you MUST wear an N-95 mask for the first 5 days aboard the NOAA asset.*** If more than 5 days passes between daily screenings this rule is to be re-implemented, otherwise it only applies to the first day aboard.

• Traveled commercial air

• Been on a cruise

• Used public transportation (Buses, Trains)

• Attended a large music concert

• Been to an amusement/theme park

• Attended a religious service

• Been to a bar/casino/movie theatre

• Ate indoors at a restaurant or buffet

• Been to a crowded beach

• Been to a sports stadium

• Been to an indoor gym

• Been to a hair salon or barbershop

• Been to any other large gathering

(weddings, parades, rallies, festivals)

• Played high or full contact sports

(basketball, football, etc)

PLEASE READ EACH QUESTION CAREFULLY

1. Are you currently waiting on the results of a COVID-19 test?

YES

NO

2. Within the past 14 days, have you been in close physical contact (6 feet or closer for a cumulative total of 15 minutes) with either:

• Anyone who has had lab confirmed COVID-19?

OR

• Anyone with symptoms consistent with COVID-19?

3. Are you isolating or quarantining because you may have been exposed to a person with COVID-19 or are worried that you may be sick with

COVID-19?

4. Have you had any of the following symptoms in the last 48 hours?

Fever, Chills, Cough, Shortness of Breath or Difficulty Breathing, Fatigue, Muscle/Body Aches, Headaches, Sudden Loss of or change in Smell or Taste, Sore Throat, Congestion or Runny Nose, Nausea, Vomiting, Diarrhea

Did you answer NO to ALL QUESTIONS?

Access to NOAA assets APPROVED***.

Thank you for helping us protect you and others during this time.

Did you answer YES to ANY QUESTION?

Access to NOAA assets is NOT APPROVED.

Please see Page 2 for further instructions.

Thank you for helping us protect you and others during this time.

NOAA COVID-19 Screening Tool vMAR2021

PAGE 17 OF 41 1333MK22QNMAN0001

THE SCREENING YOU COMPLETED INDICATES THAT

YOU MAY BE AT INCREASED RISK FOR COVID-19

IF YOU ARE NOT FEELING WELL, WE HOPE THAT YOU FEEL BETTER SOON!

Here are instructions for what to do next

If you are not already at home, please avoid contact with others and go straight home immediately.

Before going to a healthcare facility, please call and let them know that you may have an increased risk for COVID-19.

In case of a life-threatening medical emergency, dial 911 immediately!

RETURNING TO THE WORKPLACE

If you have had symptoms consistent with COVID-19 or have tested positive for COVID-19, DO NOT physically return to work until you get a medical evaluation and are approved by NOAA to return to work.

Please call your supervisor to discuss return to work guidance.

If you have additional questions about when you can return to work, please email moa.health.services@noaa.gov or mop.health-services@noaa.gov or you may call (757) 441-6320 for MOC-Atlantic Norfolk, VA or (541) 867-8820 for MOC-Pacific in Newport, OR. Hours of operation Monday - Friday 0730 - 1600.

3 1 2

Check in daily with your supervisor, the ship, and/or medical while symptomatic or confirmed positive. Call 911 for sudden change in or worsening symptoms. *Up to 80% of illness are mild and require only supportive care (fluids, rest, tylenol/motrin)*.

Call your supervisor for further instructions to discuss options for telework, leave, or rescheduling of contract work.

Monitor symptoms and keep your supervisor current. 911 for sudden change in or worsening symptoms.

If you have been in close contact with someone with COVID-19 you shall stay home and self-quarantine for 14 days days before returning to work and/or as current NOAA return to work guidance dictates. A single, negative test may be required for clearance to return to work.

If you are currently isolating or quarantining because of concerns about COVID-19 OR you have a COVID-19 test pending, please contact your supervisor and/or your local marine medicine branch for additional guidance on when you may permission to safely return to work.

52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY

AGREEMENTS OR STATEMENTS--REPRESENTATION (JAN 2017)

(Reference 52.203-18)

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

(Reference 52.204-7)

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

(Reference 52.204-13)

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (AUG 2020)

(Reference 52.204-16)

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (SEP 2021)

(Reference 52.212-1)

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

(Reference 52.212-3) javascript:callMainFrameSubmit('Save')

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUNE 2013)

(Reference 52.232-39)

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013) (Reference 52.232-40)

52.247-34 F.O.B. DESTINATION (NOV 1991)

(Reference 52.247-34)

1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)

(Reference 1352.209-73)

1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)

(Reference 1352.209-74)

1352.228-72 DEDUCTIBLES UNDER REQUIRED INSURANCE COVERAGE- FIXED PRICE (APR 2010) (Reference 1352.228-72)

1352.233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS (APR 2010)

(Reference 1352.233-71)

1352.237-73 FOREIGN NATIONAL VISITOR AND GUEST ACCESS TO DEPARTMENTAL RESOURCES (APR 2010) (Reference 1352.237-73)

1352.271-82 DEPARTMENT OF LABOR OCCUPATIONAL SAFETY AND HEALTH STANDARDS FOR SHIP REPAIR (APR 2010) (Reference 1352.271-82)

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

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

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

PAGE 18 OF 41 1333MK22QNMAN0001

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

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

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

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

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

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

(End of clause)

52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY

KASPERSKY LAB AND OTHER COVERED ENTITIES (JUL 2018)

(a) Definitions. As used in this clause-- Covered article means any hardware, software, or service that--

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

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

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

Covered entity means--

(1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab;

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

or

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

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

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

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

(c) Reporting requirement. (1) In the event the Contractor identifies a covered article provided to the Government during contract performance, or the Contractor is notified of such by a subcontractor at any tier or any other source, the Contractor shall report, in writing, to the Contracting Officer or, in the case of the Department of Defense, to the website at https://dibnet.dod.mil.

For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

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

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

(ii) Within 10 business days of submitting the report pursuant to paragraph (c)(1) of this clause: Any further available information about mitigation actions undertaken or recommended.

In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of a covered article, any reasons that led to the use or submission of the covered article, and

PAGE 19 OF 41 1333MK22QNMAN0001

any additional efforts that will be incorporated to prevent future use or submission of covered articles.

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

(End of clause)

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT (OCT 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 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 Items. 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--

PAGE 20 OF 41 1333MK22QNMAN0001

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

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

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

(ii) For covered services--

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

or

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

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

or

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

(End Of Provision)

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT (AUG 2020)

(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;

PAGE 21 OF 41 1333MK22QNMAN0001

(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…