RFQ 19GT5023Q0056 Laptops Tablets and Software.pdf

July 20, 2023

Dear Prospective Quoter:

Subject: Request for Quotations number 19GT5023Q0056

Enclosed is a Request for Quotations (RFQ) for Laptops, Tablets, and Software. If you would like to submit quotation, follow the instructions in the Solicitation Provisions, complete the required portions of the attached document, and submit it to the address shown on the Standard Form 18 that follows this letter.

The U.S. Government intends to award a contract to the responsible company submitting an acceptable offer at the best value. We intend to award a contract based on initial quotations, without holding discussions, although we may hold discussions with companies in the competitive range if there is a need to do so.

Due date to submit questions for this solicitation is on July 28, 2023, by 17:00 hours. Submit your questions via email to CifuentesIG@state.gov

Quotations are due by Tuesday, August 15, 2023 by 17:00 Guatemala time. No quotations will be accepted after this time. Proposals must be in English and incomplete proposals will not be accepted.

Your quotation must be submitted electronically to GuatemalaBids@state.gov

It is important to make sure the submission is made in specific size and format; in MS-Word, MS-Excel or Adobe Acrobat (pdf) file format. The file size must not exceed 10MB. If the file size should exceed the 10MB, the submission must be made in separate files and attached to separate emails with less than 10MB each.

In order for a quotation to be considered, you must also complete and submit the following:

1. SF-18

2. Section I, Pricing

3. Additional information as required in the Solicitation Provisions

4. “The Offeror should submit a completed IRS Form W-14, found at www.irs.gov/w14, to ensure compliance with FAR 52.229-11;”

5. Proof of SAM Registration

Offerors shall be registered in the SAM (System for Award Management) database at https://www.sam.gov prior to submittal of their offer/proposal as prescribed under FAR 4.1102. Failure to be registered at time of proposal submission may deem the offeror’s proposal to be considered non-responsible and no further consideration will be given. Therefore, offerors are highly encouraged to register immediately if they are interested in submitting a response to this requirement.

Sincerely, Julie A. Espinosa Contracting Officer mailto:CifuentesIG@state.gov mailto:GuatemalaBids@state.gov http://www.irs.gov/w14 https://www.sam.gov/

PAGE OF PAGESREQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

THIS RFQ IS x IS NOT A SMALL BUSINESS SET-ASIDE 1 37

1. REQUEST NO.

19GT5023Q0056

2. DATE ISSUED

07/20/2023

3. REQUISITION/PURCHASE REQUEST NO.

PR11806317

4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG. 1

RATING

5a. ISSUED BY

AMERICAN EMBASSY GUATEMALA CITY

Avenida Reforma 7-01, Zona 10, ATTN: GSO - PROCUREMENT SECTION Guatemala

GUATEMALA

6. DELIVER BY (Date) 09/30/2023

5b. FOR INFORMATION CALL (NO COLLECT CALLS)

TELEPHONE NUMBER

7. DELIVERY

FOB DESTINATION x OTHER

(See Schedule)

9. DESTINATION

NAME

Ingrid G Cifuentes

AREA CODE NUMBER

+502 3071-9635

8. TO:

a. NAME OF CONSIGNEE

AMERICAN EMBASSY GUATEMALA CITY

a. NAME b. COMPANY b. STREET ADDRESS

1a. Avenida 7-59, Zona 10, ATTN: NAS WAREHOUSE

c. STREET ADDRESS c. CITY

GUATEMALA

d. CITY e. STATE f. ZIP CODE d. STATE

e. ZIP CODE

10. PLEASE FURNISH QUOTATIONS TO THE

ISSUING OFFICE IN BLOCK 5a ON OR BEFORE CLOSE OF BUSINESS (Date)

08/15/2023

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 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 service. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotation must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

ITEM NO.

(a)

SUPPLIES/ SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

d. CALENDAR DAYS

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%)

NUMBER PERCENTAGE

NOTE: Additional provisions and representations are are not attached.

13. NAME AND ADDRESS OF QUOTER

a. NAME OF QUOTER

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

15. DATE OF QUOTATION

16. SIGNERb. STREET ADDRESS

b. TELEPHONE

c. COUNTY

a. NAME (Type or print)

AREA CODE

d. CITY e. STATE f. ZIP CODE c. TITLE (Type or print) NUMBER

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

STANDARD FORM 18 (REV. 6-95)

Prescribed by GSA-FAR (48 CFR) 53.215-1(a)

Request for Quotation 19GT5023Q0056 – Laptops, Tablets and Software

I. Scope of Services

The purpose of this Statement of Work (SOW) is the acquisition of Laptops, Tablets and Software for the US Embassy Guatemala – INL as set forth herein.

II. Pricing

A. This shall be a firm-fixed price type of purchase order.

No additional sums will be payable due to any escalation in the cost of materials, equipment, or labor, or because of the Contractor’s failure to properly estimate or accurately predict the prices or difficulty of achieving the results required by this purchase order. Nor will the purchase order price be adjusted on account of fluctuations in the currency exchange rates.

B. The price listed below shall include all labor, materials, overhead, profit, and transportation necessary to deliver the required items.

C. All prices are in the currency that the vendor is capable to provide an invoice, either U.S. Dollars or Quetzales.

D. Value added tax (VAT) shall not be included in the CLIN rates. The amount of tax to be charged is 12% (IVA). The Government is exempt from taxes (IVA tax). Once invoiced, awarded vendor will be provided with a tax exemption form as VAT payment.

E. Payment terms are Net 30 days.

F. Payment will be processed by EFT only. The vendor may submit an invoice per task completed/delivery note.

Clin Description Quantity Unit Price Per Total Price

1 High performance Laptop (including hardware support) 4 Each

2 Laptop 8GB memory (including hardware support) 40 Each

3 Laptop 16GB memory (including hardware support) 20 Each

4 Tablet 16GB memory 5 Each

5 Microsoft Office 2021 Business perpetual license 69 Each

6 Installation 1 Each 7 Transportation 1 Each

Grand Total

Due dates:

Due date to submit questions is July 28, 2023, by 17:00. Questions shall be sent to Ingrid Cifuentes to CifuentesIG@state.gov mailto:CifuentesIG@state.gov

Due date to submit quotations is August 15, 2023, by COB 17:00. Proposals must be submitted to GuatemalaBids@state.gov

QUOTES SENT BY ANY OTHER MEANS WILL NOT BE CONSIDERED FOR THIS SOLICITATION.

Point of Contact: Ingrid Cifuentes - Contracting Agent

U.S. Embassy Guatemala Email: CifuentesIG@state.gov Tel. (502) 2354-0229 Mobile. (502) 3071-9635

QUALITY ASSURANCE AND SURVEILLANCE PLAN (QASP)

Acceptance Criteria:

Quality control acceptance of completed delivery and invoice under this contract shall be based on:

• Equipment is in sound condition.

• Equipment meets the technical requirements described herein.

A. Quality Assurance – if end users or INL Guatemala officials find an incomplete or defective item they should immediately refrain from receiving it and notify the contractor. If the contractor fails to meet the performance standard, the US Government reserves the right to act, including a deduction from any invoice.

B. Quality Assurance Surveillance Plan – the contractor’s performance will be rated according to the following quality control plan. The contractor must implement and adhere to the quality control plan when the project begins and throughout all its period of performance.

Required Service Performance Standard

Acceptable Quality Levels

Method of Surveillance Incentive (Impact in contractor's payments)

Contractor delivers all equipment detailed in the project deliverables.

Delivery shall be provided in accordance with purchase order’s time frame and delivery place

100%

COR makes sure that the requested items are delivered to the location specified and according to the terms and conditions of the order.

No payment shall be processed until all the items are delivered and INL Logistics prepares receiving report.

The government reserves the right to consider all available information concerning past performance in making a responsibility determination. The government reserves the option to make minor pricing adjustments during the evaluation process to take into consideration minor differences in the quality and value added offered to ensure a level playing field for low price determination of responsive/responsible offers.

mailto:GuatemalaBids@state.gov mailto:CifuentesIG@state.gov

Request for Quotation 19GT5023Q0056 – Laptops, Tablets and Software Schedule of supplies / services, description / specifications / Work Statement

Project Deliverables:

The US Embassy in Guatemala - INL section is seeking to procure the following items as per below specifications:

Item No. DESCRIPTION Quantity in units 1 High performance Laptop

Similar or equal to: Dell Precision 7780 Laptop

Laptop Specifications Processor: Intel Core i9-13950HX Operating System: Windows 11 Pro, license included, Spanish.

Memory: 32GB, 1x32GB DDR4 Hard Drive: 1 TB, M.2 2280, Gen 4 PCIe x4 NVMe, SSD.

Keyboard: Single Pointing Backlit Spanish (Latin America) Keyboard and 10 Key Numpad.

Wireless: Intel AX211 WiFi 6e 2x2 AX+ BT 5.2.

Primary Battery: 6 Cell, 83 Wh, Lithium Ion Polymer.

Display: 17” FHD 1920 x 1080 Camera: HD Camera, Temporal Noise Reduction, Camera Shutter, Mic.

Accessories: Backpack.

Hardware Support: 3 Years ProSupport.

2 Laptop - Similar or equal to: Dell Latitude 5530

Processor: Latest Intel® Core™ i7- Operating System: Windows 11 Pro license included Spanish.

AC Adapter: 65W Type-C Adapter.

Memory: 8 GB, 1 x 8 GB, DDR4, 3200 MHz.

Hard Drive: 512 GB, M.2, PCIe NVMe, SSD, Class 35.

LCD: 15.6" HD (1366x768) Anti Glare, Non-Touch, 220 nits, HD Camera, WLAN.

units Keyboard: Single Pointing Backlit Spanish (Latin America) Keyboard and 10 Key Numpad.

Wireless: Intel AX211 WiFi 6e 2x2 AX+ BT 5.2.

Primary Battery: 3 Cell, 41 Wh, Express Charge Capable Battery.

Camera: HD Camera, Temporal Noise Reduction, Camera Shutter, Mic.

Accessories: Backpack.

Hardware Support Services: 3 Years Hardware Service with Onsite/In-Home Service After Remote Diagnosis, LA.

3 Laptop - Similar or equal to: Dell Latitude 5540

Processor: Latest Intel® Core™ i7- Operating System: Windows 11 Pro license included Spanish.

AC Adapter: 65W Type-C Adapter.

Memory: 16 GB, 1 x 8 GB, DDR4, 3200 MHz.

Hard Drive: 512 GB, M.2, PCIe NVMe, SSD, Class 35.

LCD: 15.6" HD (1366x768) Anti Glare, Non-Touch, 220 nits, HD Camera, WLAN.

Keyboard: Single Pointing Backlit Spanish (Latin America) Keyboard and 10 Key Numpad.

Wireless: Intel AX211 WiFi 6e 2x2 AX+ BT 5.2.

Primary Battery: 3 Cell, 54 Wh, Express Charge Capable Battery.

Camera: HD Camera, Temporal Noise Reduction, Camera Shutter, Mic.

Accessories: Backpack.

Hardware Support Services: 3 Years Hardware Service with Onsite/In-Home Service After Remote Diagnosis, LA.

units 4 Tablet – Similar or equal to: Latitude 7220 Rugged Extreme

Processor: 8th Gen ONtel Core i5-8365u Operating System: windows 11 pro Memory: 16 GB LPDDR3 Hard Drive: 256GB SSD Display: 11.6” Touch display full HD 1920 x 1080 Wireless: Intel Wi-Fi 6 AX200, 2x2 Primary Battery: 2 cell,m 34 Wh, Lithium Ion

5 Microsoft 2021 Business perpetual license office

III. General Requirements:

• The vendor shall provide commercial grade equipment to meet each line-item description.

• All packaging material and debris shall be removed from the delivery site and properly disposed of by the vendor.

• Vendor shall agree to comply with security procedures on site, always.

• Vendor shall not damage, break or breach the perimeter walls or adjacent facilities while installing the equipment. Vendor shall be responsible for repairing any damages caused.

• Vendor shall provide before installation information on personnel delivering the equipment and the corresponding vehicles.

• Description will prevail over the image. Vendor can quote color option depending on availability.

• When the equipment is delivered, the vendor shall provide the list of serial numbers.

IV. Performance Requirements

A. Delivery Location

The contractor shall deliver and install all ordered items within Guatemala City limits at 2 different locations. Addresses will be provided upon purchase order award.

Installation: Vendor shall guarantee the installation of hardware and its accessories on site, including Microsoft Office.

Installation timeframe: shall be scheduled between Monday through Friday, from 8:00 to 15:00 hours.

B. The Contractor shall deliver all items not later than 90 days upon purchase order award.

Contractor shall guarantee that all items are in stock. No partial deliveries are approved. The contractor must ensure all items are prepared for safe transportation. Any costs or arrangements associated with getting the employees and equipment to the site location must be included in the proposal.

WARRANTY

• Vendor/manufacturer shall provide written hardware warranties for 3 years.

• Warranties shall be signed by the authorized representative of the manufacturer. Warranties accompanied by document authenticating the signer as an authorized representative of the guarantor, shall be presented to the owner upon the completion of the project.

• Vendor shall guarantee and attach specifications proving that the equipment meets the published specifications.

• Vendor shall replace any defective part with a part of equivalent of superior quality without any additional cost.

SOLICITATION PROVISIONS

Instructions to Offeror. Each offer must consist of the following:

1. Technical specifications of the equipment, including pictures of the items.

2. Total cost estimate with clearly defined line items and costing by line item.

3. Warranty information.

4. Period of performance

5. List of clients over the past 3 years, demonstrating prior experience with relevant past performance information and references (provide dates of contracts, places of performance, value of contracts, contact names, telephone and fax numbers and email addresses). If the offeror has not performed comparable services in Guatemala, then the offeror shall provide its international experience. Offerors are advised that the past performance information requested above may be discussed with the client’s contact person. In addition, the client’s contact person may be asked to comment on the offeror’s:

Quality of products provided under the contract;

Compliance with contract terms and conditions;

Effectiveness of management;

Willingness to cooperate with and assist the customer in routine matters, and when confronted by unexpected difficulties; and Business integrity / business conduct.

The Government will use past performance information primarily to assess an offeror’s capability to meet the solicitation performance requirements, including the relevance and successful performance of the offeror’s work experience. The Government may also use this data to evaluate the credibility of the offeror’s proposal.

6. Evidence that the offeror/quoter can provide the necessary personnel, equipment, and financial resources needed to deliver the Construction Materials.

EVALUATION FACTORS

• Award will be made to the lowest price, technically acceptable, responsible quoter. The quoter shall submit a completed solicitation.

• Offerors bids must comply with all technical specifications and conditions established in this scope to be considered for award.

• All offerors intending to deliver the requested items in Guatemala must include a line item that considers all related shipping, customs, and handling expenses in their quote, the US Embassy will not cover these expenses outside of the awarded purchase order.

• The Government reserves the right to reject proposals that are unreasonably low or high in price.

• The lowest price will be determined by multiplying the offered prices times the quantities in and arriving at a grand total, including all options, if any.

• The Government will determine quoter acceptability will be determined by assessing the quoter's compliance with the terms of the RFQ.

• The Government will determine quoter responsibility by analyzing whether the apparent successful quoter complies with the requirements of FAR 9.1, including:

• adequate financial resources or the ability to obtain them;

• 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

• be otherwise qualified and eligible to receive an award under applicable laws and regulations.

• Each proposal received will be carefully considered and all information submitted will be kept in strict confidence within legal constraints.

• This request for quotation does not commit the US Government to pay any costs incurred in the preparation of the submission of proposals.

• Compliance with the Section 889 of the National Defense Authorization Act (NDAA)

• Delivery date compliance to interim destination is required and non-negotiable unless the company presents on writing a reasonable justification.

• An evaluation panel will be responsible to evaluate the offers received.

CLAUSES FOR PURCHASE ORDERS AND BLANKET PURCHASE AGREEMENTS

AWARDED BY OVERSEAS CONTRACTING ACTIVITIES

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

COMMERCIAL ITEMS

52.2522 CLAUSES 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:

NUMBER TITLE DATE

52.204-7 SYSTEM FOR AWARD MANAGEMENT

OCT 2018

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL

JAN 2011

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING AUG 2020

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS NOV 2021

52.223-17 AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN

SERVICE AND CONSTRUCTION CONTRACTS

AUG 2018

52.225-19 CONTRACTOR PERSONNEL IN A DIPLOMATIC OR CONSULAR

MISSION OUTSIDE THE UNITED STATES

MAY 2020

52.227-19 COMMERCIAL COMPUTER SOFTWARE LICENSE

DEC 2007

52.228-3 WORKERS’COMPENSATION INSURANCE

JUL 2014

52.228-4 WORKERS’ COMPENSATION AND WAR-HAZARD INSURANCE APR 1984

52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS

JAN 2022

52.246-26 REPORTING NONCONFORMING ITEMS

NOV 2021

The following clauses are provided in full text:

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

https://acquisition.gov/browse/index/far https://acquisition.gov/dosar

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

(b) Prohibition.

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

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

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment , system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services , regardless of whether that use is in performance of work under a Federal contract . Nothing in the prohibition shall be construed to—

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

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

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

(d) 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 https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.sam.gov/

(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 (NOV 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 I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment , parts and components, materials , software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment , and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material );

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data ) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment , system, or service.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment , system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment , system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract , or extending or renewing a contract , with an entity that uses any equipment , system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services , regardless of whether that use is in performance of work under a Federal contract .

(c) Exceptions. This clause does not prohibit contractors from providing—

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

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

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause 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 https://www.acquisition.gov/far/part-4#FAR_4_2104 https://www.acquisition.gov/far/part-4#FAR_4_2104 https://dibnet.dod.mil/ https://dibnet.dod.mil/

(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-REPRESENTATION (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)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS- 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— https://www.sam.gov/

(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;

http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim

(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 veterans or, 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. 101(2), with a disability that is service connected, as defined in 38 U.S.C. 101(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 with13 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 at13 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 CFR124.104(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 (1)(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 — http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101&num=0&edition=prelim

(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)

(1) Annual 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 4.1201), except for paragraphs ______________.

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for 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)(1) 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 .

http://www.sam.gov/ https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-4#FAR_4_1201

(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,…