Soliciation_package_-_Amend_3_0003.pdf

Synopsis/Solicitation – 140R6025Q0041 – Bureau of Reclamation

This is a combined synopsis/solicitation for commercial services and is prepared in accordance with the format in subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; Quotes are being requested and no other written solicitation will be issued. The Bureau of Reclamation (Reclamation) has a requirement for a turbine guide bearing to be re-babbitted. The work will include removing the existing babbitt, inspecting the bore for possible repairs, re-tinning the entire bonding surface, and applying new babbitt. The government anticipates awarding this procurement as a firm fixed price effort.

Solicitation number 140R6025Q0041 is issued as a Request for Quotation (RFQ) solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2025-03.

This is a total small business set-aside under NAICS code 333613 – Mechanical Power Transmission Equipment Manufacturing with an associated small business size standard of 750 employees.

Offerors must be registered in SAM.gov to be considered for award.

Offerors are cautioned to carefully review the offer submission requirements. To be considered qualified for this work, offerors must fully address all evaluation factors outlined under FAR clause 52.212-2 on the page 2 of 20, in the solicitation package.

The Government anticipates making an award without discussions. However, the Government reserves the right to conduct discussions if the Contracting Officer determines them to be necessary. Therefore, the offeror’s initial proposal should contain the offeror’s best terms from a cost or price and technical standpoint.

Offerors may submit questions electronically, via email, to Terra Warren, Contracting Officer at twarren@usbr.gov . Questions shall be submitted no later than May 27th, 2025 at 11:59 PM MDT.

Questions received after that date will not be entertained. Applicable answers to contractor questions will be posted publicly through the SAM website at www.sam.gov

Written, signed quotes with contact information has been extended and are now due no later than June 23th, 2025, at 11:59 PM MDT by email to twarren@usbr.gov. A copy of Clause 52.204-24 with the fill in completed and signed, and any other documentation the vendor determines is necessary to assist the government in determining which quotation is of the best value to the government. For information or questions regarding this RFQ, please contact Terra Warren, twarren@usbr.gov.

See attached package for more information.

FAR 52.212-2 Evaluation—Commercial Products and (Nov 2021) Commercial Services

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer, conforming to the solicitation, will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

(1) Technical plan

(2) Performance schedule

(3) Price – Proposed pricing will be evaluated for price reasonableness and whether the pricing is balanced.

Per FAR 13.106-2(b)(3), the Contracting Officer may perform a comparative review of quotes.

(b) A written notice of award or acceptance of an offer will be sent to the successful offeror within the time for acceptance specified in the offer. Offeror will then review the draft award document, and if accepting, sign the document and return in a reply email. The Government contracting officer will then sign the official award and send the offeror the official awarded contract with shall result in a binding contract. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

Q&A for Rebuild Turbine Bearing solicitation – 140R6025Q0041

Question: What is the OD dimension of the bearing?

Answer: 32.5”, flange OD

Question: How thick is the babbitt?

Answer:1/4”

Question: Any pictures available?

Answer: We do not have drawing for the unit, but attached are some pictures of the damaged unit.

Question: Do you want Magnetic Particle Testing (MT) after removal of the babbitt?

Answer: No specific inspection method, after removal of babbitt, is called out on this solicitation, but the inspection method does need to be outlined in o eror’s quote.

Question: Is the current babbitt lead?

Answer: NO

Question: Is the OD painted, and if so, does it contain lead?

Answer: No

Statement of Work

The US Bureau of Reclamation’s Wyoming Area Office (WYAO) requires a turbine guide bearing to be re-babbitted. The work will include removing the existing babbitt, inspecting the bore for possible repairs, re-tinning the entire bonding surface, and applying new babbitt.

The bearing is split into two halves and has a single, circular groove and four axial grooves, two of which are located at the bearing joints.

The bearing’s desired finish bore is 21.000” +0.002/-0.000. The bearing’s length is 15 ¾”, the OD dimension of the bearing is 32.5” at the flange, and the thickness of the babbitt is ¼”. The finished bore will concentric within 0.002”. The maximum surface finish shall be 32 micro-inches.

The babbitt shall be ASTM B-23, grade 2 or 3, tin-based babbitt. Centrifugal casting shall be used for babbitt application. The unbonded area shall not exceed 10 percent of the total babbitted surface, no single unbonded area shall exceed a dimension of one inch, and no porosity is permitted. Final inspection shall meet the requirements of DOD 2183 and DOD 2188 and the inspector must be certified as SNT-TC-1A, Level II. The final inspection report, which shall include conformance to the requirements of this Statement of Work, will be emailed to the Quality Assurance Representative, prior to shipping.

Inspection/hold points will include:

Base metal inspection for possible repair Final inspection of re-babbitted bore

The government reserves the right to inspect and witness any inspection/test and the contractor will give at least five (5) days’ notice prior to the inspection.

The contractor will be responsible for shipping costs both from and to the WYAO warehouse in Mills, WY 82644. The loaded shipping crate is 3’x3’x2’ and weighs 1,125lbs. The repaired bearing shall be packaged to protect it from damage during shipping. A Reclamation representative will inspect the bearing upon delivery to check for damage. The contractor shall be responsible for all damage that occurs until delivery to the warehouse.

The quote shall include, a detailed technical plan, including method of inspection, performance schedule (in business days) starting from warehouse pickup to return delivery, and itemized price schedule. Additionally, the quote should include, for consideration, any deviation from the above specifications, and/or additional inspection/hold points.

Clauses The clause at 52.212-4, Contract Terms and Conditions – Commercial Products and Commercial Services, applies to this acquisition, as does 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Products and Commercial Services. Below is a list of applicable clauses:

CLAUSE NUMBER CLAUSE TITLE CLAUSE DATE

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS (NOV 2023)

52.203-19

PROHIBITION ON REQUIRING CERTAIN INTERNAL

CONFIDENTIALITY AGREEMENTS OR STATEMENTS.

(JAN 2017)

52.204-10

REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER

SUBCONTRACT AWARDS

(JUN 2020)

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

52.204-14 SERVICE CONTRACT REPORTING REQUIREMENTS (OCT 2016)

52.204-18

COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

(AUG 2020)

52.204-19

INCORPORATION BY REFERENCE OF REPRESENTATIONS

AND CERTIFICATIONS

(DEC 2014)

52.204-25

PROHIBITION ON CONTRACTING FOR CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE

SERVICES OR EQUIPMENT.

(NOV 2021)

52.204-27 PROHIBITION ON A BYTEDANCE COVERED APPLICATION (JUN 2023)

52.204-30

FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT

ORDERS—PROHIBITION

(DEC 2023)

52.209-6

PROTECTING THE GOVERNMENT'S INTEREST WHEN

SUBCONTRACTING WITH CONTRACTORS DEBARRED,

SUSPENDED, PROPOSED FOR DEBARMENT, OR

VOLUNTARILY EXCLUDED

(JAN 2025)

52.209-10

PROHIBITION ON CONTRACTING WITH INVERTED

DOMESTIC CORPORATIONS.

(NOV 2015)

52.212-4

CONTRACT TERMS AND CONDITIONS - COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES.

(NOV 2023)

52.212-5

CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

(JAN 2025)

52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2020)

52.219-28

POSTAWARD SMALL BUSINESS PROGRAM

REREPRESENTATION

(JAN 2025)

52.222-19

CHILD LABOR-COOPERATION WITH AUTHORITIES AND

REMEDIES

(JAN 2025)

52.222-21 PROHIBITION OF SEGREGATED FACILITIES (APR 2015)

52.222-26 EQUAL OPPORTUNITY (SEPT 2016)

52.222-3 CONVICT LABOR (JUNE 2003)

52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUN 2020)

52.222-50 COMBATING TRAFFICKING IN PERSONS (NOV 2021)

52.223-5

POLLUTION PREVENTION AND RIGHT-TO-KNOW

INFORMATION

(MAY 2024)

52.223-23 SUSTAINABLE PRODUCTS AND SERVICES (MAY 2024)

52.225-1 BUY AMERICAN-SUPPLIES (OCT 2022)

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (FEB 2021)

52.226-8

ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT

MESSAGING WHILE DRIVING

(MAY 2024)

52.227-1 AUTHORIZATION AND CONSENT (JUN 2020)

52.232-33

PAYMENT BY ELECTRONIC FUNDS TRANSFER-SYSTEM FOR

AWARD MANAGEMENT

(OCT 2018)

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)

52.232-40

PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS.

(MAR 2023)

52.233-1 DISPUTES (MAY 2014)

52.233-3 PROTEST AFTER AWARD (AUG 1996)

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

52.240-1

PROHIBITION ON UNMANNED AIRCRAFT SYSTEMS

MANUFACTURED OR ASSEMBLED BY AMERICAN

SECURITY DRONE ACT-COVERED FOREIGN ENTITIES

(NOV 2024)

52.246-4 INSPECTION OF SERVICES-FIXED-PRICE (AUG 1996)

52.249-1

TERMINATION FOR CONVENIENCE OF THE GOVERNMENT

(FIXED-PRICE) (SHORT FORM)

(APR 1984)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

DOI-AAAP-0028

ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS-

INVOICE PROCESSING PLATFORM (IPP)

(FEB 2021)

WBR 1452.237-80 SECURITY REQUIREMENTS -- BUREAU OF RECLAMATION (MAR 2022)

(a) General Security Requirements:

(1) This clause addresses security requirements, including general procedural requirements, information security requirements, contractor employee suitability requirements, identification card requirements, site security requirements, vessel exclusion barriers, and information technology security requirements. Within this clause, COR means Contracting Officer's Representative. If there is no COR appointed and identified to the Contractor, the term instead will mean the Program Manager or any other authorized individual responsible for technical oversight under the contract. “Work site” means the Government facility, office, construction site, and any other area within the Government office or facility that the Contractor must access to accomplish work under this contract.

(2) The work performed under this contract shall only be accomplished by individuals (in the employment of the Contractor or any subcontractors) whose conduct and behavior is consistent with the efficiency of the Federal Service and the requirements of this contract, and who are acceptable to the contracting officer. If Reclamation finds a Contractor employee to be unsuitable or unfit for his or her assigned duties, the contracting officer will direct the Contractor to remove the individual from the contract and access to the Federal facility at which the contract activities are occurring.

(3) The Contractor’s employees governed by this contract may need access to sensitive information and/or sensitive areas. The Federal Government (Government) reserves the right, in its sole discretion, to determine suitability of Contractor personnel and deny access to any sensitive information or project specific area to any personnel for any cause.

(4) The Contractor is responsible for informing and ensuring compliance by its employees with any applicable security procedures of the Government facility where work may be performed under this contract.

(5) Any Contractor employee that will have access to a Federally-controlled facility or information system will be required to have a Government-issued identification card, consisting of a Personal Identity Verification (PIV) Card, a temporary identification card, or a visitor badge. (Note: within the Department of the Interior this card is known as a DOI Access Card.) During performance of the contract, the Contractor shall keep the COR apprised of any changes in personnel, or changes in personnel access or duration, to ensure that performance is not delayed by compliance with credentialing processes.

(6) A Contractor employee will not be provided access to a Government facility or information system until a Government PIV Card, temporary identification card, or visitor identification badge has been issued to the Contractor employee. For those individuals that will be receiving a PIV Card, the Government may, at its discretion, issue a temporary identification card or visitor identification badge after the electronic background investigation forms have been received and the investigation is initiated.

(7) All Contractor employees shall access the facility via the facility’s entry screening system and visibly display the Government-issued PIV Card, temporary identification card, or visitor identification badge at all times. Contractor employees must visibly wear the Government-issued identification card at all times they are on Government facilities. Contractor employees are responsible for the safekeeping of all Government-issued identification cards, whether on-site or off-site. Cards that have been lost, damaged, or stolen must be reported to the COR and DOI Access Sponsor immediately, but not later than within 24 hours. The Contractor shall return all identification cards and card keys and any other Government property and information upon completion of performance or when personnel depart permanently or for a period of 7 days or more. The Contractor may be required to turn in access control cards or identification cards on a daily basis.

(8) Misuse or loss of access control or identification cards, or failure to comply with required surrender of such cards may, at Government discretion, result in Contractor personnel being denied access to the work site, at no cost to Government. The Contractor may be charged up to $500 for each occurrence for any required replacement of Government-issued access control or identification cards due to loss or misuse. At the end of contract performance, or when a Contractor employee is no longer working under this contract, the Contractor shall ensure that all access control and identification cards are returned to the COR.

(9) All Contractor personnel, including subcontractor personnel, with access to the work site shall be U.S.

citizens or foreign individuals legally residing in, or legally admitted to, the U.S. For all non-U.S. citizens working under this contract, irrespective of length of time working on the contract, the Contractor shall provide to the COR, legible and valid copies of the individual’s passport and visa (unless individual is on the Visa Waiver Program) a minimum of 14 calendar days prior to beginning work or arriving at the facility. A driver’s license is not acceptable identification. In addition, a completed form I-94 shall be submitted to the COR upon the individual’s arrival at the work facility and prior to beginning work.

(10) The Contractor shall report all contacts with entities, individuals, and counsel/representatives (including foreign entities and foreign nationals) who seek in any way to obtain unauthorized access to sensitive information or areas. The Contractor shall report any violations of contract provisions, laws, executive orders, regulations, and guidance to the contracting officer. The Contractor shall report any information raising a doubt as to whether an individual’s eligibility for continued employment or access to sensitive information is consistent with the interests of National Security and the Public Trust.

(11) Unsanctioned, negligent, or willful inappropriate action on the part of the Contractor (or its employees) may result in termination of the contract or removal of some Contractor employees from Reclamation facilities at no cost to the Government. These actions include, but are not limited to, exploration of a sensitive system and/or information, introduction of unauthorized and/or malicious software, inappropriate release of sensitive information, or failure to follow prescribed access control policies and/or security procedures.

Failure to comply with Reclamation policies, procedures, or other published security requirements may result in termination of the contract or removal of some contracted employees from Reclamation buildings and/or facilities at no cost to the Government.

(12) All provisions of this clause shall equally apply to all subcontractors. The Contractor shall incorporate the substance of this clause in all subcontracts.

(13) These security requirements apply to all sections of this Contract including Contract Drawings and other Contract Specifications as applicable. Related documents include other general provisions of Construction or Operations and Maintenance type Contracts, including FAR clauses by reference or as amended by related documents.

(b) Information Security Requirements.

(1) Sensitive Information. The term “sensitive information” means any information which warrants a degree of protection and administrative control as defined by Reclamation or that meets the criteria for exemption from public disclosure set forth under Sections 552 and 552a of Title 5, United States Code: the Freedom of Information Act and the Privacy Act. Sensitive information is generally categorized as CONTROLLED UNCLASSIFIED INFORMATION (CUI), but in some cases may include other unclassified information.

(The protection of National Security information is beyond the scope of this clause. If any work on National Security information is required under this contract, it is addressed under other contract clauses.) The Contractor shall protect this type of information from unauthorized release into public domain, or to unauthorized persons, organizations, or subcontractors. Information which, either alone or in aggregate, is deemed sensitive by Reclamation shall be handled and protected in accordance with Reclamation Directives and Standards SLE 02-01 Identifying and Safeguarding Controlled Unclassified Information (CUI), which is available from the COR or at http://www.usbr.gov/recman/DandS.html#sle.

(i) Any Government-furnished information or material does not become the property of the Contractor and may be withdrawn at any time. Upon expiration or termination of the contract, all documents released to the Contractor and any material created using data from such documents shall be returned to the COR for final disposition. Government-furnished information residing on any electronic systems (laptops, servers, desktops, media) shall be deleted from those systems using a COR-approved data erasure solution. Only with prior authorization from the contracting officer may the Contractor retain the material. The Contractor or subcontractor shall not disclose or release the materials provided to the Contractor to any individuals of the Contractor's organization not directly engaged in providing services under the contract or that do not have a valid need-to-know. All technical data provided to the Contractor by the Government shall be protected from public or private disclosure in accordance with the markings printed on them. All other information relating to the items to be delivered or the services to be performed under this contract shall not be disclosed by any means without prior approval of the contracting officer. Prohibited dissemination or disclosure includes, but is not limited to: permitting access to such information by foreign nationals or by immigrant aliens who may be employed by the Contractor, publication of technical or scientific papers, advertising, disclosure to Contractor staff not investigated and deemed acceptable at the appropriate information sensitivity level, and any other public release. The Contractor shall maintain, and furnish upon request of the contracting officer, records of the names of individuals who have access to sensitive material in its custody and the sensitive material to which the individuals had access. All questions regarding information security, access, and control shall be referred to the COR.

(ii) The Contractor shall not release to anyone outside the Contractor’s organization any sensitive, or otherwise protected information, regardless of medium in which it is contained (for example, film, tape, document, electronic), pertaining to any part of this contract or any Reclamation program or activity, unless the contracting officer has given prior written approval. This includes, but is not limited to, news releases, marketing promotions, articles, interviews, reports, social media posts, and any other media releases.

Requests for approval shall identify the specific information to be released, the medium to be used, the purpose for the release, and a description of the need-to-know. The Contractor shall submit its request to the contracting officer ten business days before the proposed date for release. Subcontractors shall submit requests for authorization to release through the prime Contractor to the contracting officer.

(iii) The Contractor shall notify the COR immediately when known or suspected loss/compromise of sensitive information or other documents, notes, drawings, sketches, reports, photographs, exposed film or similar information which may affect the security interests of Government has occurred. This requirement extends to employees and other personnel working on behalf of the Contractor, and expands responsibility to include prompt reporting of security issues, including observed or subsequently discovered efforts by unauthorized persons to gain unauthorized access to sensitive information.

(2) Classified Information.

(i) The disclosure of U.S. Government documents by third parties can result in damage to our national security. While this contract may not deal directly with classified information, each contractor is obligated to protect classified information pursuant to all applicable laws and to use Government information technology systems in accordance with agency procedures so that the integrity of such systems is not compromised.

(ii) Unauthorized disclosures of classified documents (whether in print, on a blog, or on websites, or other electronic or non-electronic media) do not alter the documents' classified status or automatically result in declassification of the documents. To the contrary, classified information, whether or not already posted on public websites or disclosed to the media, remains classified, and must be treated as such by Federal employees and contractors, until it is declassified by an appropriate U.S. Government authority. Executive Order 13526, Classified National Security Information (December 29, 2009), Section 1.1.(c) states, "Classified Information shall not be declassified automatically as a result of any unauthorized disclosure of identical or similar information." Although the Department has taken steps to prevent access to publicly disclosed classified materials from Departmental computers, it is important to understand our continuing duties and responsibilities in this regard.

(iii) Contractors (which include all employees of the contractor, as well as subcontractors and its employees performing work for the contractor) are reminded of the following obligations with respect to the treatment of classified information and the use of unclassified government information technology systems:

(iv) The contractor shall not, while using unclassified Government computers or other devices (such as phones or tablets) access documents that are marked classified (including classified documents made publicly available by a third party), as doing so risks that material still classified will be placed onto unclassified systems. This requirement does not restrict contractor access to unclassified, publicly available news reports (and other unclassified material) that may in turn discuss classified material, as distinguished from access to underlying documents that themselves are marked classified (including if the underlying classified documents are available on public web sites or otherwise in the public domain).

(v) For contracts that require access to classified information, the contractor is responsible for obtaining the required national security clearance through the Department of the Defense National Industrial Security Program Operating Manual (NISPOM). Any classified contracts will be coordinated through the Reclamation Chief Security Officer, or for IT requirements, the Bureau Chief Information Security Officer. No contractor shall access classified information unless proper clearances have been obtained and transmitted to Reclamation. For further information, refer to 443 DM 1 or DOD NISPOM 5220.22-M dated February 28, 2006 (incorporating change 2 dated May 18, 2016).

(vi) Classified information shall not be removed from official premises.

(vii) Classified information shall not be disclosed without proper authorization.

(c) Reserved

(d) Reserved

(e) Reserved

(f) Reserved

Provisions

The provision at 52.212-1, Instructions to Offerors – Commercial Products and Commercial Services, applies to this acquisition.

The provision at 52.212-3, Offeror Representations and Certifications – Commercial Products and Commercial Services, must be completed and be active online at http://www.sam.gov. Prospective contractor is advised to ensure that the NAICS code identified for this procurement is contained in its online representations and certifications in the System for Award Management registry.

PROVISION NUMBER CLAUSE TITLE CLAUSE DATE

52.203-18

PROHIBITION ON CONTRACTING WITH ENTITLES THAT

REQUIRE CERTAIN INTERNAL CONFIDENTIALITY

AGREEMENTS OR STATEMENTS – REPRESENTATION

(JAN 2017)

52.204-7 SYSTEM FOR AWARD MANAGEMENT. (NOV 2024)

52.204-16

COMMERCIAL AND GOVERNMENT ENTITY CODE

REPORTING.

(AUG 2020)

52.204-17 OWNERSHIP OR CONTROL OF OFFEROR. (AUG 2020)

52.204-20 PREDECESSOR OF OFFEROR. (AUG 2020)

52.204-22 ALTERNATIVE LINE-ITEM PROPOSAL. (JAN 2017)

52.204-26

COVERED TELECOMMUNICATIONS EQUIPMENT OR

SERVICES-REPRESENTATION

(OCT 2020)

52.204-29

FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT

ORDERS—REPRESENTATION AND DISCLOSURES

(DEC 2023)

52.209-2

PROHIBITION ON CONTRACTING WITH INVERTED

DOMESTIC CORPORATIONS – REPRESENTATION

(NOV 2015)

52.209-11

REPRESENTATION BY CORPORATIONS REGARDING

DELINQUENT TAX LIABILITY OR A FELONY CONVICTION

UNDER ANY FEDERAL LAW

(FEB 2016)

52.212-1

INSTRUCTIONS TO OFFERS COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES

(SEP 2023)

52.212-3*

OFFEROR REPRESENTATIONS AND CERTIFICATIONS-

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

(MAY 2024)

52.223-22

PUBLIC DISCLOSURE OF GREENHOUSE GAS EMISSIONS

AND REDUCTION GOALS-REPRESENTATION.

(DEC 2016)

52.232-18 AVAILABILITY OF FUNDS (APR 1984)

52.252-1

SOLICITATION PROVISIONS INCORPORATED BY

REFERENCE

(FEB 1998)

DIAR 1452.215-71

USE AND DISCLOSURE OF PROPOSAL INFORMATION --

DEPARTMENT OF THE INTERIOR

(APR 1984)

The following Provision must be completed by and signed by the submitting entity with their quotation package:

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.

(NOV 2021)

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

(a) Definitions. As used in this provision-

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

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to-

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

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to-

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

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

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

(d) Representations. The Offeror represents that-

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

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

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

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

(i) For covered equipment-

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

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

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

(ii) For covered services-

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained:

Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

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

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

(i) For covered equipment-

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

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

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

(ii) For covered services-

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained:

Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

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

Signed: _______________________________________________ Date:________________