19ES6024Q0081.pdf

Embassy of the United States ofAmerica

GSO/Prociirement Office

Antiguo Cuscatlan, July 30, 2024.

To: Prospective Quote

Subject: Request for Quotation No. 19ES6024Q0081

The Embassy of the United States of America has a requirement for a contractor to submit a quotation for the supply ofDesktop Computers and Tablets as per described in Attachment A.

The Embassy plans to award a Purchase Order. You are encouraged to make your quotation competitive. You are also cautioned against any collusion with other potential offerors regarding price quotations to be submitted.

The RFQ does not commit the American Embassy to make any award. The Embassy may cancel this RFQ or any part of it.

Please read the RFQ carefully and if you ai*e interested, submit your quotation via e-mail to

RengifoJM@state.gov. including the completed SF-18 by on or before 10:00 am, local time, on August 21, 2024. No oral, partial, or late quotations will be accepted.

Sincerely, Venkatesh Ramachajft^r^ Contracting

As Stated.Enclosure:

PAGIi PAGES)1- THIS RI-Q [ ] IS |x] IS NOT A SMALL BUSINHSS- SMALI. PURCHASH Slvl'-ASIDI: (52.219-4)

REQUEST FOR QUOTATIONS

a'lnS IS NOT AN ORDER) 42

-■ REQL1S1TIONVPURCI1ASI-; REQUEST NO

E'R12771432

4 CERT FOR NAT DEF

UNDER BDSA REG 2

AND/OR DMS REG !

RATINGI REQUEST NO 2 DATE ISSUED

07/30/2024I9ES60-24-Q-0081

6 DELIVER 13YGcncriil Services Office. American Embassy.

Boulevard y Urb. Santa Elena, Antiguo Cuscatlan. El Salvador

5A ISSUED HY

5B FOR INFORMAT ION CALL iSanie <m<J lelcplwiic no.) (So allied calls 7 DELIVER^'

FOB DBSTINATION \ Oil ll-R (See ScheMe)NAME TELEPHONE NU.MBER

AREA CODE NUMBER

Janina do Rengifo RcngifoJM(®state.gov 503 2501-2462

8 TO 9 DESTINATION

a NAME OF CONSIGNEEa NAME b COMPANY

AMERICAN EMBASSY

c STREET ADDRESS b STREET ADDRESS

Blvd. y Urb. Santa Elena. Ant, Cuscatlan

d. CITY f /IP CODE c CITYe ST ATE

El Salvador d STATE e. ZIP CODE

10 PLEASE FURNISH QUOTATIONS TO T HE

ISSUING OFFICE IN BLOCK .1A ON OR

BEFORE CLOSE OF BUSINESS IlSirej

August 21. 2024, at 10:00 a.m.

This is a request for inf'oniialion. and quolatioiis I'uniished are not offers. If you are unable lo quote, please sol.MPORTANT:

indicate on this fonn and reliini it to llie address in Block 5A. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies arc of domestic origin unless otherwise indicated by quotcr. Any represctiialions and'or certifications attached to this Request for Quotations must be completed by the quoter

11. SCf-iI:DUI,R (Include applicable Federal. State and local taxes)

ITEM SUPPLIES SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NO lb) Id) (0(c) te) la) uss uss1 Desktop Computers and Tablets 1 Lump Sum

* AS PER A TTA CUED SCOPE OF WORK *

PARTIAL OR LATE QUOTATIONS WILL NOT BE

CONSIDERED

USS

a 10 CALENDAR DAYS b 20 eCALENDAR

DAYS

C 30CALF,ND.AR

DAYS

d CAl.EN)5ARDAYS

12 DISCOUNT FOR PROMPT PAYMENT % NUMBER

NOTH: Additional provisions and representations [] are 1 X 1 are not attadied.

13 NAME AND ADDRESS OF QUOTER N SIGNATUITE OF PERSON ALTHORIZF,D TO

SIGN QUOTATION

15 DATE OF QUOTATION

a NAME OF QUOTER b ST REET ADDRESS 16 SIGNER c COUNTY a NAME iTypc or prim) b TELEPHONE d CITV c ST'AT'E f ZIP CODE c TITLE (Type or [iiint) AREA CODE

NUMBER

STANDARD FORM 18

Attachment A

STATEMENT OF WORK

Computers for Innovation Delegation and CONAPINA

General Requirement:A.

The International Narcotics and Law Enforcement Section (INL) of the U.S. Embassy in San Salvador, has an Initiative requirement for the purchase the following items:

1.0 Specification

1.1 Desktop computer - 2 units

HP Pro 400 SFF G9Brand name or equal:

Intel® Core Intel Core™ i7-13700Processor:

32GB de RAM DDR4-3200 MHz (2x16GB)Memory:

Hard disk: PCIe NVMe 1TB

2 HP P27v MonitorsMonitor:

10/100/1000, Realtek Wi-Fi 6 RTL8852BE wireless card (2x2) & Bluetooth 5.3

Connectivity:

IntegratedAudio:

SpanishKeyboard and USB mouse

Office LTSC Professional Plus 2021 Spanish (Perpetual)Sofhvare Included:

ESET 3 yearsAntivirus:

3 yearsWarranty:

1.2 Desktop computer - 6 units

HP Pro 400 SFF G9Brand name or equal;

Intel® Core Intel Core™ i7-13700Processor:

16GB de RAM DDR4-3200 MHz (2x8GB)Memory:

1 PCIe NVMe 512TBHard disk:

FHD HP P24v G5 de23.8Monitor:

10/100/1000, tarjeta inalambrica Realtek Wi-Fi 6 RTL8852BE (2x2) & Bluetooth

Connectivity:

SpanishKeyboard and USB mouse

Office LTSC Professional Plus 2021 Spanish (Perpetual)Software Included:

ESET 3 yearsAntivirus:

3 yearsWarranty:

1.3 Desktop computer - 2 units

Brand name or equal: HP Pro 400 SFF G9

Processor: Intel® Core Intel Core™ 17-13700

16GB de RAM DDR4-32Q0 MHz (2x8GB)Memory:

Hard disk: 1 PCIeNVMe 512TB

2 Monitors FHD HP P24v G5 de 23.8Monitor:

Connectivity: 10/100/1000, tarjeta inalambrica Realtek Wi-Fi 6 RTL8852BE (2x2) & Bluetooth

SpanishKeyboard and USB mouse

Software Included: Office LTSC Professional Plus 2021 Spanish (Perpetual)

ESET 3 yearsAntivirus:

Warranty: 3 years

1.4 Desktop computer - 4 units

HP Pro SFF 400 G9Brand name or equal

Intel® Core™ i5-13500Processor:

Hard Disk: PCIe® NVMe™ de 512 GB

Wireless: Realtek Wi-Fi 6 RTL8852BE (2x2) & Bluetooth® 5.3 HP P24v G5 23.8" MonitorMonitor:

Memory:

Keyboard and USB mouse

RAM 16GB DDR4 or DDR5

Spanish

Software: OS Windows 11 Pro Spanish (Perpetual)

ESET Anti-virus license (3-year)

3 years

Antivirus:

Warranty:

1.5 Desktop computer - 3 units

HPProBook 440 GIOBrand name or equal

Processor: Intel® Core™ 17-1355U

Memory: RAM DDR4-3200 MHz de 16 GB (1 x 16 GB) PCIe® Gen4 NVMe™ TLC M.2 de 1 TBHard Disk:

Webcam: Integrated Software: OS Windows 11 Pro

Office: Office Professional 2021 Spanish (Perpetual)

ESET Anti-virus license (3-year)

3 years

Antivirus:

Warranty:

1.6 Tablet - 5 units

Samsung Tablet Tab A9+Brand name or equal

X216 ll.Qin 8+128GB 5G GraphiteFeatures:

Snapdragon 695 2.2 GHzProcessor:

64GBStorage:

RAM: 4GB

Buetooth, WiFi and LTEConnectivity:

USBPort:

8MPRear Camera:

5MPFront Camera:

1200 X 1920 pixelsScreen Resolution:

3 yearsWarranty:

Other considerations

Bidder must have a permanent local representative to ensure technical support and warranties to be resolved promptly.

Five (5) years of demonstrated experience as provider of IT equipment is required.

Bidder must have demonstrated business experience providing products or services to government or non-governmental organizations.

Bidder must have SAM registration (System for Award Management) is required.

Bidder shall provide pictures reference for final approval.

Bidder shall not quote any Chinese brand product or CLON (mixture of brand in the same equipment) because it will not be considered for this process, due to US Government acquisition regulations.

1.

2.

3.

4.

5.

6.

2.0 DELIVERY INFORMATION

Local vendor: Delivery address: The equipment will be delivered at the United States

Embassy San Salvador Warehouse no later than 90 days after the process is awarded.

For US and foreign vendors: The bidder shall provide the prices for Delivery at Place

(DAP) El Salvador and be responsible to deliver the products to FINAL BOULEVARD SANTA ELENA, and liable for destination customs duties and taxes to release the order from El Salvador's customs , no later than 90 days after the order was awarded.

The bidder shall consolidate the entire shipment to prevent loss and misdirection.

Partial shipments are not allowed, and paperwork must be provided in advance.

The bidder must have a local partner to inspect the equipment upon arrival to country and replace any defective items at no additional cost to the US Government. Warranty repairs and replacement must be done on site.

IMPORTANT NOTE: In order to be eligible for award, vendors must be registered in the

US Government System for Award Management (SAM.gov).

httDs;//sam.gov/content/home

If you are not registered in SAM, you will not be eligible for award. You must provide your

UNIQUE number with your proposal and evidence that you are registered in SAM.

In theframework of the National Defense Authorization Act (NDAA) 899(a)(1)(B) which now governs all US Government procurements, to do business with your company we need you to answer the questions regarding use of technologies in the link below:

Cuestionario NDAA- tecnologias prohibidas

PAYMENT: NET 30

EVALUATION FACTORS:

Award will be made to the lowest priced, acceptable, responsible quoter.

The Government will determine acceptability by assessing the offeror's compliance with the terms of the RFQ. The Government will determine responsibility by analyzing whether the apparent successful quoter complies with the requirements of FAR 9.1, including:

● ability to comply with the required performance period, taking into consideration all existing commercial and governmental business commitments.

● satisfactory record of integrity and business ethics.

● necessary organization, experience, and skills or the ability to obtain them.

● necessary equipment and facilities or the ability to obtain them; and

● otherwise, qualified and eligible to receive an award under applicable laws and regulations.

CLAUSES FOR PURCHASE ORDERS AND BLANKET PURCHASE

AGREEMENTS AWARDED BY OVERSEAS CONTRACTING ACTIVITIES

(Current thru FAC 2022-05, effective 03/2022)

COMMERCIAL ITEMS

52.2522CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This purchase order or BPA incorporates the following clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: Acquisition.gov this address is subject to change.

DOSAR clauses may be accessed at: https://acquisition.gov/dosar

FEDERAL ACQUISTION REGULATION (48 CFR CHAPTER 1) CLAUSES:

TITLE DATENUMBER

SYSTEM FOR AWARD MANAGEMENT OCT 201852.204-7

PERSONAL IDENTITY VERIFICATION OF

CONTRACTOR PERSONNEL

JAN 201152.204-9

SYSTEM FOR AWARD MANAGEMENT

MAINTENANCE

OCT 201852.204-13

COMMERCIAL AND GOVERNMENT ENTITY CODE

REPORTING

AUG 202052.204-16

COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 202052.204-18

CONTRACT TERMS AND CONDITIONS—

COMMERCIAL ITEMS

NOV 202152.212-4

AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED

ITEMS IN SERVICE AND CONSTRUCTION

CONTRACTS

AUG 201852.223-17

CONTRACTOR PERSONNEL IN A DIPLOMATIC OR

CONSULAR MISSION OUTSIDE THE UNITED STATES

MAY 202052.225-19

COMMERCIAL COMPUTER SOFTWARE LICENSE DEC 200752.227-19

JUL 2014WORKERS’COMPENSATION INSURANCE52.228-3

APR 1984WORKERS’ COMPENSATION AND WAR-HAZARD

INSURANCE

52.228-4

SUBCONTRACTS FOR COMMERCIAL ITEMS JAN 202252.244-6

REPORTING NONCONFORMING ITEMS NOV 202152.246-26

The following clauses are provided in full text:

52.204-24 REPRESENTATION REGARDING CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a pail 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 or 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 perfonnance 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.govl for entities excluded from receiving federal awards for "covered telecommunications equipment or services ".

(d) Representation. The Offeror represents that—

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

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

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

(e) Disclosures.

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

(i) For covered equipment —

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

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

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

(ii) For covered services—

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

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

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

(i) For covered equipment —

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

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

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

(ii) For covered services—

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

(B) If not associated with maintenance, the PSC of the service being provided;

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

(End of provision)

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT fNOV 2021)

(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 1 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—

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

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

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information ; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer (s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(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) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products or commercial services.

(End of clause)

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES-

REPRESENTATIQN (OCT 2020)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and “reasonable inquiry” have 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) Representations. (1) 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.

(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 any equipment, system, or service that uses covered telecommunications equipment or services.

(End of provision)

OFFEROR REPRESENTATIONS AND CERTIFICATIONS-52.212-3

COMMERCIAL ITEMS (NOV 2021)

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

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

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

Forced or indentured child labor means all work or service—

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

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

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

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following:

ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials .

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

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

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

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

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

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

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

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

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

(6) Have been voluntarily suspended."Sensitive technology "— Sensitive technology —

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

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

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

(2) Does not include information or informational materials the export of which the

President does not have the authority to regulate or prohibit pursuant to section 203(b)(3)of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

Service-disabled veteran-owned small business concern —

(1) Means a small business concern —

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veteransor, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. lOlQf. with a disability that is service connected, as defined in 38 U.S.C. I0I('16).

Small business concern —

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation .

(2) Affiliates , as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

Small disadvantaged business concern , consistent withl3 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition , that—

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by—

(i) One or more socially disadvantaged (as defined atl3 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (l)(i) and (ii) of this definition .

Subsidiary means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

Veteran-owned small business concern means a small business concern —

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

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

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

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least51 percent of the stock of which is owned by one or more women; and

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

(b)

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

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3. Offeror Representations and Certifications-Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation ), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.12011. except for paragraphs .

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

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

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

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern . The offeror represents as part of its offer that it □ is, □ is not a small business concern .

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

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

(4) Small disadvantaged business concern . [Complete only if the offeror represented itself as a small business concern in paragraph (c)(l) of this provision.] The offeror represents, that it □ is, □ is not a small disadvantaged business concern as defined in 13 CFR124.1002.

(5) Women-owned small business concern . [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is, □ is not a women-owned small business concern .

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that-

(i) It □ is, □ is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture.

[The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture:

Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern .

[Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that-

(i) It □ is, □ is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It □ is, □ is not ajoint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint

.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold .

(8) Women-owned business concern (other than small business concern ). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid , small business offerors may identity the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

(10) HUBZone small business concern . [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that-

(i) It □ is, □ is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and

(ii) It □ is, □ is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture:

concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation,

(d) Representations required to implement provisions of Executive Orderl 1246-venture:

.] Each HUBZone small business

(1) Previous contracts and compliance. The offeror represents that-

(i) It o has, □ has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation ; and

(ii) It □ has, □ has not filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that-

(i) It □ has developed and has on file, □ has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or

(ii) It □ has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor,

(e) Certification Regarding Payments to Influence Federal Transactions (31 http://uscode.house.gov/ U.S.C. 1352). (Applies only if the contract is expected to exceed

$ 150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency , a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, 0MB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made .

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1. Buy American-Supplies , is included in this solicitation .)

(1)

(i) The Offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product.

(ii) The Offeror shall list as foreign end products those end products manufactured in the United States that do not quality as domestic end products.

(iii) The terms "domestic end product "end product, foreign end product," and "United States " are defined in the clause of this solicitation entitled "Buy American- Supplies ."

M M

(2) Foreign End Products:

Line Item No. Country of Origin

[List as necessary]

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

(g)

(1) Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3. Buy American-Free Trade Agreements-Israeli Trade Act, is included in this solicitation .)

(i)

(A) The Offeror certifies that each end product, except those listed in paragraph (g)(l)(ii) or

(iii) of this provision, is a domestic end product.

(B) The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product "domestic end product," "end product "foreign end product," "Free Trade Agreement country "Free Trade Agreement countiy end product," "Israeli end product," and "United States " are defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act."

(ii) The Offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act."

Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products :

Country of OriginLine Item No.

[List as necessary]

(iii) The Offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(l)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act."

The Offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products .

Other Foreign End Products :

Country of OriginLine Item No.

[List as necessary]

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

(2) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I.

If Alternate I to the clause at FAR 52.225-3 is included in this solicitation , substitute the following paragraph (g)(l)(ii) for paragraph (g)(l)(ii) of the basic provision:

(g)(l )(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements- Israeli Trade Act":

Canadian End Products:

Line Item No.

[List as necessary]

{2) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate//.

If Alternate II to the clause at FAR 52.225-3 is included in this solicitation , substitute the following paragraph (g)(l){ii) for paragraph (g)(l)(ii) of the basic provision:

(g)(l )(ii) The offeror certifies that the following supplies are Canadian end products or

Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free

Trade Agreements-Israeli Trade Act":

Canadian or Israeli End Products :

Line Item No. Country of Origin

[List as necessary]

(4) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate III.

If Alternate III to the clause at 52.225-3 is included in this solicitation , substitute the following paragraph (g)(l)(ii) for paragraph (g)(l)(ii) of the basic provision:

(g)(l)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or

Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade…