RFQ 19ES6025Q0012.pdf
PDF 9 MB Posted
- Attached to
- COMPUTER EQUIPMENT FOR SIU
- Solicitation number
- 19ES6025Q0012
About this file
This is a Request for Quotation (RFQ) issued by the U.S. Embassy in El Salvador for computer equipment for the Merida Initiative requirement of the International Narcotics and Law Enforcement Section (INL). The solicitation seeks 6 HP ProBook 440 G11 laptop computers, 4 HP Z2 Mini G9 desktop computers with 1TB storage, and 14 HP Prodesk Small Form Factor 400 desktop computers with 512GB storage, to be delivered to the Embassy San Salvador Warehouse within 120 days of award.
The RFQ requires vendors to have a permanent local representative for technical support, demonstrate five years of IT equipment experience, maintain SAM registration, and provide product references. Notably, the solicitation prohibits Chinese brand or clone products. Proposals must be submitted electronically by April 22, 2025, at 10:00 pm local time, including the completed SF-18 form. Award will be made to the lowest-priced, acceptable, and responsible quoter, with evaluation based on compliance with RFQ terms and Federal Acquisition Regulation (FAR) responsibility criteria.
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Embassy of the United States of America
GSO/Procurement Office
Antigua Cuscatlan, March 20, 2025.
To: Prospective Quote Subject: Request for Quotation No. l 9ES6025Q0012 The Embassy of the United States of Ame1ica has a requirement for a contractor to submit a quotation to provide Computer Equipment for SIU, 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 are interested, submit your proposal via e-mail to RengifoJM@state.gov, including the completed SF-18 by on or before 10:00 pm, local time, on April 22, 2025. No oral, partial, or late quotations will be accepted.
Enclosure: As Stated
Sincerely, Venkatesh Ram��dran Contracting Officer
PAGE PAGES)F
THIS RFQ [ ] IS [x] IS NOT A SMALL BUSINESS-
SMALL PURCHASE SET-ASIDE (52.219-4)
REQUEST FOR QUOTATIONS
(THIS IS NOTAN ORDER) 13I
4. CERT. FOR NAT, DEF.
UNDERBDSAREG.2
AND/OR DMS REG. 1
RATING3. REQUISmON/PURCHASE REQUEST NO.
PR15199976
2. DATE ISSUED
04/09/2025
1. REQUEST NO.
19ES60-25-Q-0012
6. DELIVER BY/Da/e;General Services Office, American Embassy, Blvd. y Urb. Santa Elena, Antiguo CuscatlSn, El Salvador
SA. ISSUED BY
7. DELIVERY
FOB DESTINATION X OTHER (See Schedule)
SB. FOR INFORMATION CALL: (Ncune catd telephone no.) (No collect calls
TELEPHONE NUMBERNAME
AREA CODE NUMBER
Janina de Rengifo 2501-2462
8. TO: 9. DESTINATION
a. NAME OF CONSIGNEEb. COMPANYa. NAME
AMERICAN EMBASSY
b. STREET ADDRESS
Blvd. y Urb. Santa Elena. Ant. Cuscatlan
c. STREET ADDRESS
f. ZIP CODE c. CITYd. CITY e. STATE
El Salvador
d. STATE c. ZIP CODE
IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block SA. 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 are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter
10. PLEASE FURNISH QUOTATIONS TO THE
ISSUING OFFICE IN BLOCK 5A ON OR
BEFORE CLOSE OF BUSINESS (Date)
April 22,2025, at 10:00 a.m.
11. SCHEDULE (Include applicable Federal, State and local taxes)
QU/VNTITY UNIT UNIT PRICE AMOUNTITEM SUPPLIES/SERVICES
NO. (d) (0(b) (c) (e) (a)
USS6 Ea USS1 Laptop Computers
Desktop - 1TB
Desktop - 512 GB
2 4 Ea
3 14 Ea
* AS PER ATTACHED SCOPE OF WORK *
PARTIAL, OR LATE QUOTATIONS WILL NOT BE
CONSIDERED
USS
a. 10 CALENDAR DAYS b.20 c. 30 CALENDAR
DAYS
d. CALENDAR DAYS
1 CALENDAR
DAYS
% %NUMBER
%2 DISCOUNT FOR PROMPT PAYMENT %
NOTE: Additional provisions and representations [1 are [x] are not attached.
13 NAME AND ADDRESS OF QUOTER 14 SIGNATURE OF PERSON AUTHORIZED TO
SIGN QUOTATION
15 DATE OF QUOTATION
a. NAME OF QUOTER
b. STREET ADDRESS 16. SIGNER
c. COUNTY a. NAME (Type or print) b. TELEPHONE
d. CITY e. STATE f. ZIP CODE c. TITLE (Type or print) AREA CODE
NUMBER
STANDARD FORM 18
SCOPE OF WORK
General Requirement:A.
The International Narcotics and Law Enforcement Section (INL) of the U.S. Embassy in San Salvador, has a Merida Initiative requirement for the purchase Operational Items for the donation to the DAE-SIU unit.
The technical specifications are the following:
1. Laptop Computer
Quantity: 6 HP ProBook 440 GllBrand name or equal:
WUXGA, IPS 14”Non touch, (1920x 1200)Screen:
Intel Core Ultra 5 125U (Until 4,3 GHz)Processor:
RAM DDR5-5600 MHzde 16 GB (1 x 16 GB)Memory:
Network connection: Wireless Wi-Fi 6E AX211 (2x2)
SSD PCIe® NVMeTM de 512 GBHard Drive:
2 USB Type-C, DisplayPort, 2 USB Type-A, 1 HDMI 2.1, 1
RJ45.
Port:
Windows 11 Pro of 64 bits in Spanish.Operating System:
Licenses: Office LTSC 2021 Standard
ESET Endpoint Security 3 years.
Spanish keyboardOther features:
Warranty in El Salvador: 3 years
2. DESKTOP-1TB
Quantity:
Brand name or equal:
HP Z2Mini G9
PS3 Pro 3 22pfFHD MNTRScreen:
Intel Core i7-14700 (Until 5,4 GHz)Processor:
NVIDIA RTXTM A2000 (GDDR6 de 12 GB dedicaded)
RAM DDR5-5600 MT/s de 16 GB (1 x 16 GB) Memory:
Video:
SSD M.2 PCIe® NVMe™ de 1 TBHard Drive:
Wi-Fi 6E AX211 (2x2) y Bluetooth® 5.3Network connection:
1 USB type A, 2 USB, Type-C, RJ-45, 2 Display Port 1.4, 1
HDMI.
Port:
Windows 11 Pro of 64 bits in SpanishOperating System:
Licenses: Office LTSC 2021 Standard
ESET Endpoint Security 3 years.
Spanish keyboard Webcam USB
Accessories:
Mousepad
Warranty in El Salvador: 3 years
3. DESKTOP-512GB
Quantity:
Brand name or equal:
Screen:
HP Prodesk Small Form Factor 400
HP S3 Pro 3 22pf FHD Monitor
Intel Core ™ i7-13700 (5,2 GHz Turbo Boost, 30 MB cache L3, 16 nude y 24 subprocess)
Processor:
16GB RAM DDR4-3200 MHz (2x8 GB)Memory:
PCleNVMe de 512 GBHard Drive:
WLAN + Wireless Realtek Wi-Fi 6 RTL8852BE (2x2) y Bluetooth 5.3
Network connection:
1 RJ-45; I HDMI 1.4; 3 USB, 1 Display port, 5 USB Type A.Port:
Windows 11 Pro of 64 bits in Spanish.Operating System:
Office LTSC 2021 StandardLicenses:
ESET Endpoint Security 3 years.
Spanish keyboard Mousepad
Accessories:
Warranty in El Salvador: 3 years
Other considerations
Bidder must have a permanent local representative to ensure technical support and warranties to be resolved promptly.
Bidder must have Five (5) demonstrated business experience providing IT equipment, 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.
2.0 DELIVERY INFORMATION
Local vendor: Delivery address; The equipment will be delivered at the United States
Embassy San Salvador Warehouse no later than 120 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 120 days after the order was awarded.
The bidder shall consolidate the entire shipment to prevent loss and misdirection.
Partial shipments are not allowed, and paper>vork 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.
All delivery communication and information must be addressed to the COR, who will make decisions in consultation with the Contracting Officer.
OTHER REQUIREMENTS
● SAM registration (System for Award Management) required.
● Unique Global Business Identification Number required.
● CAGE CODE (Commercial and Government Entity Code) required.
● Deliver the order complete within a 60-day period once the contract is awarded and physical proofs approved, to the below address in El Salvador, only. No other shipping address will be provided.
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 NDA.A- tecnologias nrohibidas
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.
● satisfactoiy 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 2023-02, effective 03/2023)
COMMERCIAL ITEMS
CLAUSES INCORPORATED BY REFERENCE (FEB 1998)52.252-2
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:
DATENUMBER TITLE
OCT 2018SYSTEM FOR AWARD MANAGEMENT52.204-7
PERSONAL IDENTITY VERIFICATION
CONTRACTOR PERSONNEL
OF JAN 201152.204-9
SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 201852.204-13
AUG 2020COMMERCIAL AND GOVERNMENT ENTITY CODE
REPORTING
52.204-16
AUG 2020COMMERCIAL AND GOVERNMENT ENTITY CODE
MAINTENANCE
52.204-18
PROHIBITION ON CONTRACTING FOR CERTAIN
TELECOMMUNICATIONS AND VIDEO SURVEILLANCE
SERVICES OR EQUIPMENT
INSTRUCTIONS TO OFFERORS—COMMERCIAL
PRODUCTS AND COMMERCIAL SERVICES
NOV 202152.204-25
MAR 202352.212-1
CONTRACT TERMS AND CONDITIONS—
COMMERCIAL ITEMS
DEC 202252.212-4
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 STATES52.225-19 MAY 2020
COMMERCIAL COMPUTER SOFTWARE LICENSE DEC 200752.227-19
WORKERS’COMPENSATION INSURANCE JUL 201452.228-3
WORKERS’ COMPENSATION AND WAR-HAZARD
INSURANCE
APR 198452.228-4
PROVIDING ACCELERATED PAYMENTS TO SMALL
BUSINESS SUBCONTRACTORS
MAR 202352.232-40
SUBCONTRACTS FOR COMMERCIAL ITEMS MAR 202352.244-6
REPORTING NONCONFORMING ITEMS NOV 202152.246-26
THE FOLLOWING CLAUSES ARE PROVIDED IN FULL TEXT:
CYBERSECURITY SUPPLY CHAIN RISK MANAGEMENT REQUIREMENTS (FEB
2023)
(a.)Defuutions. As used in this clause:
Covered article - The term "covered article" includes-
(1 )"Information and Communications technology" which means-
(i)any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or infoimation by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use of that equipment, or of that equipment to a significant extent in the performance of a service or the furnishing of a product.
(ii)computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and suiweillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; however, does not include any equipment acquired by a federal contractor incidental to a federal contract.
(2)"Telecommunications Equipment", which means equipment, other than customer premises equipment, used by a carrier to provide telecommunications services, and includes software integral to such equipment (including upgrades).
(3)"Telecommunications Service", which means the offering of telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used.
(4)“Cybersecurity Supply Chain Risk”, which means the risk that a person may sabotage, maliciously introduce unwanted function, extract data, or otherwise manipulate the design, integrity, manufacturing, production, distribution, installation, operation, maintenance, disposition, or retirement of covered articles to surveil, deny, disrupt, or otherwise manipulate the function, use, or operation of the covered articles or information stored or transmitted on the covered articles.
(b)Conlraclor CybersecuriTy Supply Chain Risk Management Responsibilities. The Contractor shall take all prudent actions and comply with all Government direction (as identified in paragraph (c)) to regularly identify, assess, monitor, and mitigate cybersecurity supply chain risks when providing covered articles or services affecting covered articles to the Government.
The Contractor shall maintain artifacts that document its compliance with this paragraph and shall provide these artifacts to the Government within 48 hours of request.
(c) Supporling Government Cybersecurity Supply Chain Risk Assessments. The Government may perform a cybersecurity supply chain risk assessment at any time during contract administration to identity, assess, and monitor the cyber risks of the Contractor’s supply chain.
The Contractor agrees that the Government may, at its own discretion, perform on-site assessments to collect information for the cybersecurity supply chain risk assessment. In performing the cybersecurity supply chain risk assessment, the Government may review any information provided by the Contractor, along with any other information available to the Government from public, unclassified, classified, or any other sources. Examples of information that the Government may collect for the cybersecurity supply chain risk assessment includes the following:
1. Functionality and features of covered articles, including access to data and information system privileges.
2. The user environment where a covered article is used or installed.
3. The ability of a source to produce and deliver covered articles as expected.
4. Foreign control of, or influence over, a source or covered article (e.g., foreign ownership, personal and professional ties between a source and any foreign entity or legal regime of any foreign country in which a source is headquartered or conducts operations).
5. Implications to Government mission(s) or assets, national security, homeland security, or critical functions associated with use of a source or covered article.
6. Vulnerability of Federal systems, programs, or facilities.
7. Market alternatives to the covered source.
8. Potential impact or harm caused by the possible loss, damage, or compromise of a product, material, or service to an organization’s operations or mission.
9. Likelihood of a potential impact or harm, or the exploitability of a system.
10. Security standards of the supplier as demonstrated by cooperation with assessments.
11. Security, authenticity, and integrity of covered articles and their supply and compilation chain.
12. Capacity to mitigate risks identified.
13. Factors that could lead to inability of the supplier to provide security updates.
14. Factors that may reflect upon the reliability of other supply chain risk information.
15. Any other considerations that would factor into an analysis of the security, integrity, resilience, quality, trustworthiness, or authenticity of covered articles or sources.
(d) Non-Destructive and Destructive Testing. The Government may engage in non-destructive and/or destructive testing of any information system, equipment, and software to determine whether it will negatively affect the security or performance of a Department of Slate information system.
(e) Novation Agreement Notice. FAR 42.1203 require Government approval of novation agreements. For proposed novation agreements for this contract, the Contractor shall provide any information requested by the Government regarding the proposed successor’s identity and information regarding its supply chain.
(f) Software Bill of Materials (SBOM) Requests. For software, within 10 business days of request by a Department of State representative, the Contractor shall submit a SBOM to a designated representative. This request may be requested on one (1) or more occasions and shall be delivered at no increase in contract price.
(g) SBOMSharing Notice. The Contractor consents to the sharing of its SBOM data with other contractors, such as tool solution providers, for the sole purpose of mapping against known vulnerabilities.
(h) Notification procedures for cybersecurity supply chain events. When cybersecurity supply chain events occur, the Contractor must contact the Contracting Officer or his/her designee within 12 hours of the event.
(i) Subcontracts. The Contractor shall insert the substance of this clause in all subcontracts and other contractual instruments in support of this contract.
(j) Vulnerability Exploitability eXchange (VEX). The Contractor is required to notify the Department of any discovered software vulnerabilities within 12 hours. Within three (3) days, they shall provide a report using a VEX format.
(k) Attestation following Major Version Change. Critical Software, as defined by National Institute for Science and Technology (NIST) Guidance, that is provided by the Contractor or subcontractors and is modified during the contract’s period of performance by a major version change (e.g., using a semantic versioning schema of Major.Minor.Patch, the software version number goes from 2.5 to 3.0) requires a new self-attestation. For indefinite delivery contract vehicles, this self-attestation must be provided for all critical software available for ordering on the contract vehicle when the software is modified during the contract vehicle’s ordering period of performance by a major version change. The Contractor shall either (i) post the new attestation in a publicly available internet location within 15 days of the major version change and provide the COR, or Contracting Officer if a COR is not appointed, with the internet link or
(ii) shall contact the COR, or Contracting Officer if a COR is not appointed, and request the agency’s current software self-attestation form and submit it to the Government within 15 days of the major version change. The self-attestation form will contain the following elements: (i) the software producer's name; (ii) a description of which product or products the statement refers to including the number of the major version change; and (iii) a statement attesting that the software producer follows secure development practices and tasks consistent with NIST Guidance.
(End of clause)
CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT
STATUTES OR EXECUTIVE ORDERS-COMMERCIAL PRODUCTS
AND COMMERCIAL SERVICES (MAR 2023)
52.212-5
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
ni 52.203-19. Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (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)).
(2) 52.204-23. Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L.
115-91).
(3) 52.204-25. Prohibition on Contracting for Certain Telecommunications and Video
Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10. Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(5) 52.232-40. Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).
(6) 52.233-3. Protest After Award (AUG 1996) ( 31 U.S.C. 3553).
(7) 52.233-4. Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
{Contracting Officer check as appropriate.]
(1) 52.203-6. Restrictions on Subcontractor Sales to the Government (JUN
2020), with Alternate I (Nov 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 4655).
(2) 52.203-13. Contractor Code of Business Ethics and Conduct (Nov 2021) t 41 U.S.C. 3509)).
(3) 52.203-15. Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
(4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).
(5) [Reserved].
(6) 52.204-14. Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).
(7) 52.204-15. Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 11 1-117, section 743 of Div. C).
(8) 52.209-6. Protecting the Governmenf s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 202 i) ( 31 U.S.C. 6101 note).
(9) 52,209-9. Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) ( 41 U.S.C. 23131
_(10) [Reserved], (1 n 52.219-3. Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) ( 15 U.S.C. 657aV
(12152.219-4. Notice of Price Evaluation Preference for HUBZone Small Business
Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a1.
(13) [Reserved]
_(14)
(i) 52.219-6. Notice of Total Small Business Set-Aside (Nov 2020) ( 15 U.S.C. 6441.
(ii) Alternate I (Mar 2020) of 52.219-6.
_{15)
(i) 52.219-7. Notice of Partial Small Business Set-Aside (Nov 2020) ( 15 U.S.C. 6441.
(ii) Alternate 1 (Mar 2020) of 52.219-7.
(16152.219-8. Utilization of Small
( 15 U.S.C. 637(d1(21 and (3)).
Business Concerns (OCT 2022)
(17)
(i) 52.219-9. Small Business Subcontracting Plan (OCT 2022) ( 15 U.S.C. 637(d1(411.
(ii) Alternate I (Nov 2016) of 52.219-9.
_ (iii) Alternate II (Nov 2016) of 52.219-9.
_ (iv) Alternate III (JUN 2020) of 52.219-9.
_ (v) Alternate IV (SEP 2021) of 52.219-9.
_(18)
(i) 52.219-13. Notice of Set-Aside of Orders (Mar 2020) ( 15 U.S.C. 644(r11.
(ii) Alternate I (Mar 2020) of 52.219-13.
(19) 52.219-14. Limitations on Subcontracting (Oc r 2022) ( 15 U.S.C. 637s).
Damages—Subcontracting Plan (SepLiquidated 2021) ( 15 U.S.C. 637(dy4yFym.
(20) 52.219-16.
(21) 52.219-27. Notice of Service-Disabled Veteran-Owned Small Business Set-Aside
(OCT 2022) ( 15 U.S.C. 657f).
_(22)
(i) 52.219-28. Post Award Small Business Program Rerepresentation (Mat 2023)( 15 U.S.C. 632(a)(2)).
_ (ii) Alternate I (Mar 2020) of 52.219-28.
(23) 52.219-29. Notice of Set-Aside for, or Sole-Source Award to, Economically
Disadvantaged Women-Owned Small Business Concerns (OCT 2022) ( 15 U.S.C. 637(m)).
(24) 52.219-30. Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small
Business Concerns Eligible Under the Women-Owned Small Business Program (OCX 2022) ( 15 U.S.C. 637(m)).
(25) 52.219-32. Orders Issued Directly Under Small Business Reserves (Mar 2020) ( 15 U.S.C. 644(r)).
(26) 52.219-33. Nonmanufacturer Rule (SEP 2021) ( 15U.S.C. 637(a)( 17)).
_ (27) 52.222-3. Convict Labor (JUN 2003) (E.0.11755).
(28) 52.222-19. Child Labor-Cooperation with Authorities and Remedies (DEC 2022) (E.0.13126).
(29) 52.222-21. Prohibition of Segregated Facilities (Apr 2015).
_(30)
(i) 52.222-26. Equal Opportunity (SEP 2016) (E.0.11246).
_ (ii) Alternate 1 (Feb 1999) of 52.222-26.
_(31)
(i) 52.222-35. Equal Opportunity for Veterans (Jltn 2020) ( 38 U.S.C. 4212).
_ (ii) Alternate I (JUL 2014) of52.222-35.
_(32)
(i) 52.222-36. Equal Opportunity for Workers with Disabilities (JUN 2020) ( 29 U.S.C. 793).
_ (ii) Alternate I (JUL 2014) of 52.222-36.
_ (33) 52.222-37. Employment Reports on Veterans (JUN 2020) ( 38 U.S.C. 4212).
(34) 52.222-40. Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
_(35)
(i) 52.222-50. Combating Trafficking in Persons (Nov 2021) ( 22 U.S.C. chapter 78 and E.O.
13627).
(ii) Alternate 1 (MAR2015) of 52.222-50 ( 22 U.S.C. chapter 78 and E.O. 13627).
(36) 52.222-54. Employment Eligibility Verification (May 2022) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in
FAR 22.1803.)
_(37)
(i) 52.223-9. Estimate of Percentage of Recovered Material Content Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable commercially available off-the-shelf items.)
for EPA-Designated to the acquisition of
_ (ii) Alternate 1 (May 2008) of 52.223-9 ( 42 U.S.C. 6962(i)(2)(0).
the acquisition of commercially available off-the-shelf items.)
(Not applicable to
(38) 52.223-11. Ozone-Depleting Substances and High Global
Hydrofluorocarbons (Jun 2016) (E.O. 13693).
Warming Potential
(39) 52.223-12. Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).
_(40)
(i) 52.223-13. Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).
_(ii) Alternate 1 (OCT2015) of 52.223-13.
_(4l)
(i) 52.223-14. Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and
13514).
(ii) Alternate 1 (Jun2014) of 52.223-14.
Energy-EfficiencyEnergy_(42) 52.223-15.
Consuming Products (May 2020) (42 U.S.C. 8259b).
in
_(43)
(i~) 52.223-16. Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).
(ii) Alternate ! (JUN 2014) of 52.223-16.
(44) 52.223-18. Encouraging Contractor Policies to Ban Text Messaging While
Driving (JUN 2020) (E.O. 13513).
_ (45) 52.223-20. Aerosols (JUN 2016) (E.O. 13693).
(46) 52.223-21. Foams (Jun2016) (E.O. 13693).
_(47)
(i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).
(ii) Alternate I (JAN 2017) of 52.224-3.
(48)
(i) 52.225-1. Buy American-Supplies (OCT2022) ( 41 U.S.C. chapter 83).
_ (ii) Alternate 1 (OCT 2022) of 52.225-1.
_(49)
(i) 52.225-3. Buy American-Free Trade Agreements-Israeli Trade Act (DPC 2022) ( 19 U.S.C.
3301 note. 19 U.S.C. 2112 note. 19 U.S.C. 3805 note. 19 U.S.C. 4001 note. 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283. 1 10-138. 112-41, 112-42, and 112-43.
(ii) Alternate 1 [Reserved].
_ (iii) Alternate II (Di;c 2022) of52.225-3.
_ (iv) Alternate HI (JAN 2021) of 52.225-3.
_ (v) Alternate IV (Oct 2022) of 52.225-3.
Trade Agreements (Dec 2022) ( 19 U.S.C. 2501. et_(50) 52.225-5.
secj., 19 U.S.C. 3301 note).
(Sn 52.225-13. Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
(521 52.225-26. Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
(53) 52.226-4. Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
(54) 52.226-5> Restrictions on Subcontracting Outside Disaster or Emergency Area
(Nov2007) ( 42 U.S.C. 5150).
(55) 52.229-12. Tax on Certain Foreign Procurements (Feb 2021).
(56) 52.232-29. Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505. 10 U.S.C. 3805).
(57) 52.232-30. Installment Payments for Commercial Products and Commercial
Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).
(58) 52.232-33. Payment by Electronic Funds Transfer-System for Award Management (OCT2018) ( 31 U.S.C. 3332).
(59) 52.232-34. Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) ( 31 U.S.C. 3332).
_ (60) 52.232-36. Payment by Third Party (May 2014) ( 31 U.S.C. 3332).
(61) 52.239-1. Privacy or Security Safeguards (AUG 1996) ( 5 U.S.C. 552a).
to Small Business Subcontractors (Jan_ (62)52.242-5.
2017) ( 15 U.S.C. 637(d)(13)).
Payments
_(63)
(i) 52.247-64. Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).
(ii) Alternate I (APR 2003) of 52.247-64.
(iii) Alternate II (Nov 2021) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
[Contracting Ojficer check as appropriate.]
(1) 52.222-41. Service Contract Labor Standards (AUG 2018) ( 41 U.S.C. chapter6T).
FederalforEquivalent Ratesof_ (2) 52.222-42.
Hires (May 2014) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67).
Statement
(3) 52.222-43. Fair Labor Standards Act and Service Contract Labor Standards-Price Year and Option Contracts) (AUG(Multiple
20! 8) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67).
Adjustment
(4152.222-44. Fair Labor Standards Act and Service Contract Labor Standards-Price
Adjustment (May 2014) (29U.S.C.206 and 41 U.S.C. chapter 67).
(5) 52.222-51. Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements
(May 2014) (41 U.S.C. chapter 67).
(6) 52.222-53. Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) ( 41 U.S.C. chapter 67).
(7) 52.222-55. Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).
(8) 52.222-62. Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).
(9) 52.226-6. Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101. on the date of award of this contract, and does not contain the clause at 52.215-2. Audit and Records-Negotiation.
(l)The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpait 4.7. Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the
Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)
(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-
(i) 52,203-13. Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509).
nil 52.203-19. Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (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)).
(iii) 52.204-23. Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L.
115-91).
(iv) 52.204-25. Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(vj 52.219-8. Utilization of Small Business Concerns (OCT 2022) ( 15 U.S.C. 637fdy21 and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(31 on the dale of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(vi) 52.222-21. Prohibition of Segregated Facilities (Apr 2015).
(vii) 52.222-26. Equal Opportunity (SEP 2015) (E.0.11246).
(viii) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).
(ix) 52.222-36. Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).
(x) 52.222-37. Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).
(xi) 52.222-40. Notification of Employee Rights Under the National Labor Relations Act (Di-c 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xii) 52.222-41. Service Contract Labor Standards (AUG 2018) ( 41 U.S.C. chapter 67).
(xiii)
(A) 52.222-50> Combating Trafficking in Persons (Nov 2021) ( 22 U.S.C. chapter 78 and E.O 13627).
(B) Alternate 1 (Mar 2015) of 52.222-50 ( 22 U.S.C. chapter 78 and E.O. 13627).
(xiv) 52.222-51. Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements
(May 2014) ( 41 U.S.C. chapter 67).
(xv) 52.222-53. Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).
(xvi) 52.222-54. Employment Eligibility Verification (May 2022) (E.O. 12989).
(xvii) 52.222-55. Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).
(xviii) 52.222-62. Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).
(xix)
(A) 52.224-3. Privacy Training (Jan 2017) ( 5 U.S.C. 552a).
(B) Alternate 1 (JAN 2017) of52.224-3.
(xx) 52.225-26. Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
(xx!) 52.226-6. Promoting Excess Food Donation to Nonprofit Organizations (JuN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxii) 52.232-40. Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C. 3903 and 10 U.S.C. 38011. Flow down required in accordance with paragraph (c) of 52.232-40.
(xxiii) 52.247-64. Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
Ahernate 1 2000). As prescribed in 12.301(by41(i~). delete paragraph (d) from the basic clause, redesignate paragraph (e) as paragraph (d), and revise the reference to "paragraphs (a), (b), (c), or (d) of this clause" in the redesignated paragraph (d) to read "paragraphs (a), (b), and
(c) of this clause".
Alternate II 2023 ). As prescribed in 12.301(b')(4)(ii). substitute the following paragraphs (d)( 1) and (e)( 1) for paragraphs (d)( 1) and (e)( 1) of the basic clause as follows:
(d)(1) The Comptroller General of the United States, an appropriate Inspector General appointed under section 3 or 8 G of the Inspector General Act of 1978 ( 5 U.S.C. App.). or an authorized representative of either of the foregoing officials shall have access to and right to—
(i) Examine any of the Contractor’s or any subcontractors’ records that pertain to, and involve transactions relating to, this contract; and
(ii) Interview any officer or employee regarding such transactions.
(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), and (c), of this clause, the Contractor is not required to flow down any FAR clause in a subcontract for commercial products or commercial services, other than—
(i) Paragraph (cl) of this clause. This paragraph flows down to all subcontracts, except the authority of the Inspector General under paragraph (d)(l)(ii) does not flow down;
and
(ii) Those clauses listed in this paragraph (e)(1). Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-
(A) 52.203-13. Contractor Code of Business Ethics and Conduct (Nov 202n(41 U.S.C. 3509T
(B) 52.203-15. Whistleblower Protections Under the American Recoveiy and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 1 1 1-5).
fO 52.204-23. Prohibition on Contracting for Hardware, Software, and
Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 1 15-91).
fDt 52.204-25. Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L.
115-232).
(El 52.219-8. Utilization of Small Business Concerns (OCT 2022)
( 15 U.S.C. 637(dy2) and (3)1. in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(al on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(F) 52.222-21. Prohibition of Segregated Facilities (APR 2015).
(G) 52.222-26. Equal Opportunity (Sep 2016) (E.O. 11246).
(H) 52.222-35. Equal Opportunity for Veterans (JUN 2020) ( 38 U.S.C. 4212).
(I) 52.222-36. Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).
(J) 52.222-40. Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
Standards (AUGLaborService Contract(K) 52.222-41.
2018) ( 41 U.S.C. chapter 67).
(L) (1) 52.222-50. Combating Trafficking
2021) f 22 U.S.C. chapter 78 and E.O 13627).
Persons (Novin
2015) of 52.222- (2) Alternate I (MAR
50 { 22 U.S.C. chapter 78 and E.O. 13627).
(M) 52.222-51. Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-
Requirements (May 2014) (41 U.S.C. chanter 67).
(N) 52.222-53. Exemption from Application of the Service Contract Labor Services-for CertainStandards
Requirements (May 2014) ( 41 U.S.C. chapter 67).
Contractsto
(O) 52.222-54. Employment Eligibility Verification (May 2022) (Executive Order 12989).
(P) 52.222-55. Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).
(0) 52.222-62. Paid Sick Leave Under Executive Order 13706 (Jan
2022) (E.O. 13706).
(R)_ (1) 52.224-3. Privacy Training (JAN 2017) ( 5 U.S.C. 552a).
(2) Alternate 1 (JAN 2017) of 52.224-3.
(S) 52.225-26. Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
(T) 52.226-6. Promoting Excess Food Donation to Nonprofit Organizations. (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(Ut 52.232-40. Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) ( 31 U.S.C. 3903 and IQ U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.
(V) 52.247-64. Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
THE FOLLOWING PROVISIONS ARE PROVIDED IN FULL TEXT:
CERTAINREPRESENTATION REGARDING52.204-24
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 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 services, critical technology, interconnection arrangements, reasonable inquiry, roaming, 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.
telecommunications equipment or
(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.
{q.) 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) Representation. The Offeror represents that—
(I) 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 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 — coveredproposed ofof the use
(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 proposed 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.
of the of covereduse
(End of provision)
COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES-52.204-26
REPRESENTATION (OCT 2020)
(a) Definitions. As used in this provision, “covered telecommunications equipment or and “reasonable inquiry” have the meaning provided in the clause 52.204-25,services
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-
COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC
52.212-3
2022)
The Offeror shall complete only…
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