2.2.1. 100 Travel Trailers - Combined Synopsis Solicitation 70FB8022R00000009.pdf
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- 100 EA 20-25' Travel Trailer Federal contract opportunity
- Solicitation number
- 70FB8022R00000009
About this file
This is a combined synopsis and solicitation for 100 travel trailers between 20 and 25 feet in length. The Federal Emergency Management Agency is requesting proposals by January 24th for travel trailers meeting requirements in the attached statement of work, to be priced inclusive of shipping and delivered within 60 days of award to a storage location in Selma, Alabama. Offerors must submit proposals in four volumes addressing dealer licensing, technical requirements, past performance, and price, and including completed provisions for prohibited telecommunications equipment, representations and certifications. Questions are due by January 20th.
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Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| 2.4.1 100 Travel Trailers - Combined Synopsis Solicitation 70FB8022R00000009 Ammendment 002.pdf | ||
| 2.8.1.i. Questions Answered for 100 TT's.pdf | ||
| 2.4.1 100 Travel Trailers - Combined Synopsis Solicitation 70FB8022R00000009 Ammendment 001.pdf |
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Text version
Request for Proposals (RFP) #70FB8022R00000009
Combined Synopsis/Solicitation for Travel Trailers
This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation to be published for this requirement, in which proposals are being requested.
Solicitation #70FB8022R00000009 is hereby issued as a Request for Proposals (RFP) in accordance with FAR Parts 12 and 15 for Travel Trailers, as defined in the attached Statement of Work (SOW).
This solicitation incorporates all mandatory commercial item provisions and clauses that are in effect through Federal Acquisition Circular 2022-02 dated 01/14/2022. Please see the relevant clauses at https://www.acquisition.gov/browse/index/far and https://www.acquisition.gov/hsar.
This solicitation is full and open, unrestricted under the North American Industrial Classification System (NAICS) code 336214 “Travel Trailer and Camper Manufacturing” (Size Standard: 1,000 employees). The Product Service Code (PSC) is 2330 “Trailers”.
Please refer to Section B1 of the RFP for a table of contract line items (CLINs) and Attachment 1 – Statement of Work for more information about the description of the requirement and delivery location.
FAR 52.212-1, Instructions to Offeror-Commercial and FAR 52.212-2, Evaluation-Commercial Items apply to this acquisition and specific instructions and evaluation criteria can be found in Section E of the RFP. Offerors are to provide a completed copy of FAR 52.212-3, Offeror Representations and Certifications – Commercial Items, with its offer. FAR 52.212-4, Contract Terms and Conditions-Commercial Items, applies to this acquisition. FAR 52.212-5, Contract Terms and Conditions Required to Implemented Statutes or Executive Orders-Commercial Items applies to this acquisition. Due to character limitations, please see the attachment for additional cited clauses applicable to this acquisition in Section C of the RFP.
All interested parties must be registered and have an active profile in the System for Award Management (SAM) to be considered eligible for award. Please contact the SAM helpdesk for registration and profile activation assistance at 1-866-606-8220. Information on SAM registration may also be obtained electronically at https://www.sam.gov/portal/public/sam/.
This Contract may include a priority rating under the Defense Priorities and Allocations System (DPAS) regulation (15 CFR, part 700). Anyone receiving a DPAS rated order is required to follow all provisions of the DPAS regulation. The priority rating will be provided on the SF 1449 in Box 13a and 13b when the Contract is issued.
SECTION B - SCHEDULE OF SUPPLIES/SERVICES
B1. PRICE SCHEDULE
Contract Line Items (CLINs):
CLIN Description Quantity Unit Price (EA) Total
0001 Travel Trailer between 20 and 25 feet
FFP
FOB Destination 100 $ $
*FFP: Firm-Fixed-Price
B2. DELIVERY INFORMATION
Delivery Date: 60 days after award
Delivery Location: Federal Emergency Management Agency FEMA Transportable Temporary Housing Storage 661 Selfield Rd.
Selma, AL 36703
B3. CONTRACT TYPE
The Government intends to award one (1) Firm-Fixed-Price stand-alone contract, however, the Government reserves the right to make multiple awards to meet the entire 100 travel trailer requirement, if it is determined to be in the government’s best interest to do so.
B4. IDENTIFICATION OF GOVERNMENT OFFICIALS
The Government Officials assigned to this contract are as follows:
Contracting Officer:
Name: Jason Morgan Email: jason.morgan@fema.dhs.gov
Contract Specialist Name: Max Hempe Email: max.hempe@fema.dhs.gov
Contracting Officer’s Representative:
Name: Matthew Rabkin Email: matthew.rabkin@fema.dhs.gov
B5. INVOICE INSTRUCTIONS (JUN 2014)
The contractor shall submit an invoice(s) upon delivery and acceptance of all supplies or services as specified in the Price Schedule.
Contractors shall submit vouchers electronically in pdf format to the FEMA Finance Center at FEMA-Finance-Vendor-Payments@fema.dhs.gov, AND
Contractors shall also submit an electronic pdf copy to FEMA COR or program person if a COR is not designated at their email address.
The submission of vouchers electronically will reduce correspondence and other causes for delay to a minimum and will facilitate prompt payment to the Contractor. Paper vouchers mailed to the finance center will not be processed for payment. If the Contractor is unable to submit a payment request in electronic form, the contractor shall submit the payment request using a method mutually agreed to by the Contractor, the Contracting Officer, and the payment office.
Invoices shall be submitted as follows: Contractors shall use Standard Form (SF) 1034 (Public Voucher for Purchases and Services Other Than Personal) and SF 1035 (Continuation Sheet) when requesting payment for supplies or services rendered. Both forms are located at http://www.gsa.gov/portal/forms/type/SF. Suitable self-designed forms (contractor invoice forms) may be submitted instead of the SF 1035 as long as they contain the information required.
The voucher must provide a description of the supplies or services, by line item (if applicable), quantity, unit price, and total amount. The item description, unit of measure, and unit price must match those specified in the contract. Invoices that do not match the line item pricing in the contract will be considered improper and will be returned to the Contractor. The Contractor shall not be paid more frequently than on a monthly basis.
SF 1034 and 1035 instructions:
SF 1034 – Public Voucher for Purchases and Services Other than Personal
The information which a Contractor is required to submit in its Standard Form 1034 is set forth as follows:
(1) U.S. Department, Bureau, or establishment and location insert the names and address of the servicing finance office unless the contract specifically provides otherwise.
(2) Date Voucher Prepared - insert date on which the public voucher is prepared and submitted.
(3) Contract/Delivery Order Number and Date - insert the number and date of the contract and delivery order, if applicable, under which reimbursement is claimed.
(4) Requisition Number and Date - leave blank.
(5) Voucher Number - insert the appropriate serial number of the voucher. A separate series of consecutive numbers, beginning with Number 1, shall be used by the Contractor for each new contract. When an original voucher was submitted, but not paid in full because of suspended costs, resubmission vouchers should be submitted in a separate invoice showing the original voucher number and designated with the letter "R" as the last character of the number. If there is more than one resubmission, use the appropriate suffix (R2, R3, etc.)
(6) Schedule Number; Paid By; Date Invoice Received - leave blank.
(7) Discount Terms - enter terms of discount, if applicable.
(8) Payee's Account Number - this space may be used by the Contractor to record the account or job number(s) assigned to the contract or may be left blank.
(9) Payee's Name and Address - show the name of the Contractor exactly as it appears in the contract and its correct address, except when an assignment has been made by the Contractor, or the right to receive payment has been restricted, as in the case of an advance account. When the right to receive payment is restricted, the type of information to be shown in this space shall be furnished by the CO.
(10) Shipped From; To; Weight Government B/L Number - insert for supply contracts.
(11) Date of Delivery or Service - show the month, day, and year, beginning and ending dates of supplies or services delivered.
(12) Articles and Services - insert the following: "For detail, see Standard Form 1035" OR “For detail, see contractor invoice form”.
(13) Type the following certification, signed by an authorized official, on the face of the Standard Form 1034.
"I certify that all payments requested are for appropriate purposes and in accordance with the agreements set forth in the contract."
(Name of Official) (Title)
(14) Amount - insert the amount claimed for the period indicated in (11) above. This amount should be transferred from the total per the SF 1035 Continuation Sheet or contractor invoice form.
SF 1035 – Continuation Sheet The SF 1035 will be used to identify the specific item description, quantities, unit of measure, and prices for each category of deliverable item or service. Suitable self-designed forms (contractor invoice form) may be submitted instead of the SF 1035 as long as they contain the information required.
The information which a contractor is required to submit in its Standard Form 1035 is set forth as follows:
U.S. Department, Bureau, or Establishment - insert the name and address of the servicing finance office.
Voucher Number - insert the voucher number as shown on the Standard Form 1034.
Schedule Number - leave blank.
Sheet Number - insert the sheet number if more than one sheet is used in numerical sequence. Use as many sheets as necessary to show the information required.
Number and Date of Order - insert payee's name and address as in the Standard Form 1034.
Articles or Services - insert the contract number as in the Standard Form 1034, and description.
Quantity; Unit Price – insert for supply contracts.
Amount - insert the total quantities contract value, and amount and type of fee payable (as applicable).
A summary of claimed current and cumulative goods and services delivered and accepted to date. - Invoices shall include an itemization of all goods and services delivered and accepted for the period by item and by CLIN. Each invoice shall include sufficient detail to identify goods and services as compared
ELECTRONIC FUNDS TRANSFER (EFT) INFORMATION
1. To receive payment, the contractor shall submit their EFT information to the Government. EFT information may be submitted by EFT form, through System for Award Management (SAM), or on invoice. Failure to provide the EFT information or failure to notify the Government of changes to this EFT information may result in delays in payments and/or rejection of the invoice in accordance with the Prompt Payment clause of this contract. EFT forms may be submitted directly the FEMA Finance Center at FEMA-Finance-RecordsMaintenance@fema.dhs.gov, or to the Contracting Office.
2. If submitting EFT information on invoice/voucher, the following EFT information should be submitted:
(a) Routing Transit Number (RTN) – The contractor shall provide the current 9-digit RTN of the payee's bank
(b) Payee's account number
(c) Contractor's Tax Identification Number (TIN)
(The EFT information submitted must be that of the contractor unless there is an official Assignment of Claims on file with the payment office.)
If at any time during the term of this contract, the contractor changes any EFT information, (i.e.
financial agent, RTN, account number, etc.) the new EFT information must replace the old EFT information on subsequent invoices submitted under this contract, through SAM, or by submission of a new EFT form.
SECTION C - CONTRACT CLAUSES
C1. ADDENDUM TO FAR 52.212-4 CONTRACT TERMS AND
CONDITIONS-- COMMERCIAL ITEMS
52.252-2 -- Clauses Incorporated by Reference. (Feb 1998) This contract incorporates one or more 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/these address(es):
http://www.acquisition.gov/far/index.html.
52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES
52.212-4 CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS (OCT 2018)
52.203-3 GRATUITIES (APR 1984)
52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)
52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)
52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND
CERTIFICATIONS.
52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS
SUBCONTRACTORS (DEC 2013)
52.242-13 BANKRUPTCY (JUL 1995)
52.242-15 STOP-WORK ORDER (AUG 1989)
C2. FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO
IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL
ITEMS (JAN 2021)
(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 items:
(1) 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 (Jul 2018) (Section 1634 of Pub. L. 115- 91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
(6) 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 items:
_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).
_X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (June 2020) (41 U.S.C. 3509)).
(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (June 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. 111-117, section 743 of Div. C).
_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors
Debarred, Suspended, or Proposed for Debarment. (June 2020) (31 U.S.C. 6101 note).
_X_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters
(OCT 2018) (41 U.S.C. 2313).
(10) [Reserved].
(11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15 U.S.C. 657a).
(ii) Alternate I (MAR 2011) of 52.219-3.
(12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
(ii) Alternate I (MAR 2020) of 52.219-4.
(13) [Reserved]
(14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).
(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. 644).
(ii) Alternate I (MAR 2020) of 52.219-7.
(16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)).
(17) (i) 52.219-9, Small Business Subcontracting Plan (JUN 2020) (15 U.S.C. 637(d)(4)).
(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 (JUN 2020) of 52.219-9.
(18) (i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).
(ii) Alternate I (MAR 2020) of 52.219-13.
(19) 52.219-14, Limitations on Subcontracting (MAR 2020) (15 U.S.C. 637(a)(14)).
(20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.
637(d)(4)(F)(i)).
(21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (MAR 2020) (15 U.S.C. 657f).
(22) (i) 52.219-28, Post Award Small Business Program Representation (NOV 2020) (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 (MAR 2020) (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 (MAR 2020) (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 (MAR 2020) (15 U.S.C. 637 (a)(17)).
_X_ (27) 52.222-3, Convict Labor (JUN 2003) (E.O.11755).
_X_ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN2020) (E.O.13126).
_X_ (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
_X_ (30) (i) 52.222-26, Equal Opportunity (SEP 2016) (E.O.11246).
__ (ii) Alternate I (FEB 1999) of 52.222-26.
_X_ (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).
__ (ii) Alternate I (JUL 2014) of 52.222-35.
_X_ (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).
X (35) (i) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O. 13627).
(ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
(36) 52.222-54, Employment Eligibility Verification (OCT 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
(37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
__ (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
_X_(38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).
(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 I (OCT 2015) of 52.223-13.
(41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).
(ii) Alternate I (Jun2014) of 52.223-14.
_X_ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY
2020) (42 U.S.C. 8259b).
(43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT
2015) (E.O.s 13423 and 13514).
__ (ii) Alternate I (JUN 2014) of 52.223-16.
X (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) 52.225-1, Buy American-Supplies (JAN2021) (41 U.S.C. chapter 83).
(49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (JAN 2021)(41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note , 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
__ (ii) Alternate I (JAN 2021) of 52.225-3.
__ (iii) Alternate II (JAN 2021) of 52.225-3.
__ (iv) Alternate III (JAN 2021) of 52.225-3.
X (50) 52.225-5, Trade Agreements (OCT 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
X (51) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
(52) 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. 2302Note).
(53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (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 (JUN 2020).
(56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.
4505, 10 U.S.C. 2307(f)).
(57) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
(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).
__ (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017) (15 U.S.C. 637(d)(13)).
__ (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB
2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).
__ (ii) Alternate I (APR 2003) of 52.247-64.
__ (iii) Alternate II (FEB 2006) 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 items:
[Contracting Officer check as appropriate.]
__ (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter67).
__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY
2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (4) 52.222-44, 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 Under Executive Order 13658 (NOV 2020).
__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (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.
(1) 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 subpart 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 items. 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 (JUN 2020) (41 U.S.C. 3509).
(ii) 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 (JUL 2018) (Section 1634 of Pub. L. 115- 91).
(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).
(v) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) 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(a) on the date 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.O.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 (DEC
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 (OCT 2020) (22 U.S.C. chapter 78 and E.O 13627).
(B) Alternate I (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 (May2014) (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 (OCT 2015) (E.O. 12989).
(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020).
(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
(xix) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
(B) Alternate I (JAN 2017) of 52.224-3.
(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. 2302 Note).
(xxi) 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) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB
2006) (46 U.S.C. Appx. 1241(b) 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 items a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
C3. HSAR 3052.212-70 CONTRACT TERMS AND CONDITIONS APPLICABLE
TO DHS ACQUISITION OF COMMERCIAL ITEMS (SEP 2012)
The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The provision or clause in effect based on the applicable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. The following provisions and clauses are incorporated by reference:
(a) Provisions.
__3052.209-72 Organizational Conflicts of Interest.
__3052.216-70 Evaluation of Offers Subject to An Economic Price Adjustment Clause.
__3052.219-72 Evaluation of Prime Contractor Participation in the DHS Mentor Protégé Program.
(b) Clauses.
_X_3052.203-70 Instructions for Contractor Disclosure of Violations.
__3052.204-70 Security Requirements for Unclassified Information Technology Resources.
__3052.204-71 Contractor Employee Access.
__Alternate I
_X_3052.205-70 Advertisement, Publicizing Awards, and Releases.
__3052.209-73 Limitation on Future Contracting.
__3052.215-70 Key Personnel or Facilities.
__3052.216-71 Determination of Award Fee.
__3052.216-72 Performance Evaluation Plan.
__3052.216-73 Distribution of Award Fee.
__3052.217-91 Performance. (USCG)
__3052.217-92 Inspection and Manner of Doing Work. (USCG)
__3052.217-93 Subcontracts. (USCG)
__3052.217-94 Lay Days. (USCG)
__3052.217-95 Liability and Insurance. (USCG)
__3052.217-96 Title. (USCG)
__3052.217-97 Discharge of Liens. (USCG)
__3052.217-98 Delays. (USCG)
__3052.217-99 Department of Labor Safety and Health Regulations for Ship Repair. (USCG)
__3052.217-100 Guarantee. (USCG)
__3052.219-70 Small Business Subcontracting Plan Reporting.
__3052.219-71 DHS Mentor Protégé Program.
__3052.228-70 Insurance.
__3052.228-90 Notification of Miller Act Payment Bond Protection. (USCG)
__3052.228-91 Loss of or Damage to Leased Aircraft. (USCG)
__3052.228-92 Fair Market Value of Aircraft. (USCG)
__3052.228-93 Risk and Indemnities. (USCG)
__3052.236-70 Special Provisions for Work at Operating Airports.
_X_3052.242-72 Contracting Officer's Technical Representative.
__3052.247-70 F.o.B. Origin Information.
__Alternate I
__Alternate II
__3052.247-71 F.o.B. Origin Only.
_X_3052.247-72 F.o.B. Destination Only.
SECTION D – CONTRACT DOCUMENTS, EXHIBITS OR ATTACHMENTS
D1. Attachment 1 - Statement of Work (SOW) (SOW is appended to the end of this .pdf file)
SECTION E - SOLICITATION PROVISIONS
E1. ADDENDUM TO FAR 52.212-1 INSTRUCTIONS TO OFFERORS—
COMMERCIAL ITEMS
In addition to FAR 52.212-1 "Instructions to Offerors-Commercial Items," the following is requested: Offerors are required to submit their proposals in four separate volumes as follows.
Each volume shall be separate and complete so that evaluation of each may be accomplished independently. Please omit all pricing details from Volume I - III. Failure to comply with the instructions in this solicitation may lead to a proposal being deemed incomplete, and therefore, removed from further consideration.
Proposal Organization Volume Evaluation Factor Page Limitations Format Volume I – Dealer License
Factor 1 – Dealer License
None PDF
Volume II – Technical Proposal
Factor 2 – Travel Trailer Technical Requirements
None PDF and Excel
Volume III – Past Performance Proposal
Factor 3 - Past Performance
5 (if applicable) PDF
Volume IV – Price Proposal
Factor 4 - Price None PDF
The Offeror’s proposals must be accompanied by a signed cover letter, by a company representative that is authorized to commit the company to a binding contract. Each proposal cover letter shall include the following (does not count against page limitations):
Title of the Proposal RFP Number Volume Number Company Name, Address, Contact Information and DUNs #
Proposals shall be submitted on 8 ½" x 11" pages, using no less than ten (10) point character size and no less than an average of 3/4" around each page for margins. Page numbers shall have no less than a 3/8" margin from the page edge. Tables and figures shall use no smaller than ten (10) point character size and must be clear and readable.
All questions shall be submitted electronically via email to Max Hempe at max.hempe@fema.dhs.gov and Jason Morgan at jason.morgan@fema.dhs.gov, no later than 12:00 PM EST on Thursday, January 20, 2022 . Proposals shall be submitted electronically via email to Max Hempe at max.hempe@fema.dhs.gov and Jason Morgan at jason.morgan@fema.dhs.gov, no later than 12:00 PM EST on Thursday January 27, 2022. The Government will not accept proposals that are in shared drives or other web-based storage sites; documents must be attached to the email. Offerors shall reference the Solicitation #70FB8022R00000009 on all documentation submitted in response to this RFP.
Volume I - Dealer License Submission Requirements:
Offerors are required to submit a copy of their active Department of Motor Vehicles (DMV) Licensed Dealer Permit or license issued by an Authority Having Jurisdiction (AHJ) to issue licenses to sell travel trailers if the DMV is not the AHJ. Offerors shall not provide licenses that are not their own. Offerors’ licenses must be issued in the same state the Dealer does business in, showing the business address, which must be the same as the business address of the Dealer.
Volume II - Technical Proposal Submission Requirements:
Offerors are required to submit a comprehensive and complete technical proposal that demonstrates their ability to provide the travel trailers as described in the Statement of Work.
Offerors must be responsive to all the requirements of this notice and provide sufficient information to facilitate the evaluation of the technical proposal per the evaluation factors. The technical proposal is expected to contain written and visual material. It must be concise, well written and presented in a clear straightforward manner. The technical proposal shall be prepared using the following guidance:
The Technical Proposal shall include:
1. Technical Proposal Travel Trailer Table (Excel)
2. Floor Plans (PDF)
3. Spec Sheets (PDF)
4. Delivery Schedule Table (PDF)
Using the Technical Proposal Travel Trailer Table (sample below), the Offeror shall identify travel trailers that meet the requirement in this solicitation, providing the Table in Excel format. The Offeror shall provide the number of people the travel trailer sleeps (according to FEMA’s definition of sleeping areas), manufacturer, make/brand, model, length and VIN. The Offeror shall provide a floor plan for each travel trailer make/model proposed, in PDF format. Each floor plan should include the manufacturer and model number on it. All travel trailers proposed shall be currently in stock and available for sale at the Offeror’s location. The Offeror shall use one line for each type of travel trailer proposed. The Offeror shall provide a Spec Sheet for each model proposed, in PDF format. Finally, the Offeror shall propose a delivery schedule in accordance with the requirements of the SOW, using the Technical Proposal Delivery Schedule Table (sample below), in PDF format.
All proposed travel trailers must be able to be delivered within 60 days from the date of award or sooner.
Sample Technical Proposal Travel Trailer Table:
Manufacturer Make/Brand Model Length (feet) Vehicle Identification Number
(VIN)
Sample Technical Proposal Delivery Schedule Table:
Quantity to be Delivered
Delivery Date
(Add additional lines for each delivery date and travel trailer sleeps type.)
Volume III - Past Performance Proposal Submission Requirements:
Offerors shall submit a Past Performance Proposal that demonstrates no more than three (3) contracts/projects completed within the past three (3) years providing items of similar size, scope, and complexity to those outlined in the Statement of Work. Contracts/projects listed may include those entered with the federal, state, and local Government as well as private companies. Contracts with a parent company or an affiliate of the Offeror may not be used. If an Offeror submits a contract/project that is actively being performed, performance must be at a minimum 50% complete to be considered. The following information shall be provided for each submitted contract/project:
a. Government agency/program or company
b. Contract number
c. Contract type
d. Contract value
e. Brief description of the items delivered and quantities
f. Brief discussion of how the items delivered are relevant in size, scope and complexity to requirements outlined in the SOW
g. Brief discussion of any problems encountered, and any corrective actions taken
h. Contact information of the customer/client
Offerors with no recent and relevant past performance as defined above shall indicate such in their proposal submission and are not expected to submit a Past Performance Proposal.
Volume IV - Price Proposal Submission Requirements:
Offerors shall submit individual unit pricing for all items being requested for this requirement located in Section B1. Price Schedule and below. The unit prices for each item will derive a total evaluated price for the contract. In addition, Offerors must include the completed provisions found in sections E3 – E11 in the Price Proposal to be considered eligible for award. The Price Proposal does not have a page limitation.
Contract Line Items (CLINs):
CLIN Description Quantity Unit Price (EA) Total
0001 Travel Trailer between 20 and 25 feet
FFP
FOB Destination 100 $ $
*FFP: Firm-Fixed-Price
(End of Addendum to 52.212-1)
E2. FAR 52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)
Basis for Award:
The basis for award will be “Best Value: Lowest Price Technically Acceptable Source Selection Process” in accordance with FAR 15.101-2. The Government intends to award one (1) stand-alone contract to a responsible Offeror based on the lowest evaluated price of the proposal meeting the acceptability standards for non-price factors. If no offeror is able to provide the full requirement of 100 travel trailers at a price that can be determined fair and reasonable, the government reserves the right to make multiple awards, if it is determined to be in the government’s best interest. If multiple awards are made, the government will make award to the lowest price technically acceptable offeror for the maximum quantity of travel trailers which meet the requirements of the statement of work that that offeror is able to provide. The government will then move to the next lowest price technically acceptable offeror, and so on, until the full requirement of 100 travel trailers is met. The government also reserves the right to make multiple awards for all technically acceptable travel trailers proposed at fair and reasonable prices, even if that quantity of travel trailers would exceed the solicitation’s stated limit of 100. Additionally, the government reserves the right to make award based on partial proposals.
The Government intends to evaluate proposals received and award a contract without holding discussions with Offerors. Therefore, the Offeror’s initial proposal should contain the Offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary.
The Government will evaluate each proposal submission in accordance with the evaluation factors/criteria. Evaluations will be based solely on the information included in the submission. In order to be considered suitable for award, the Offeror’s proposal must receive an “Acceptable” or “Information Not Available” (applicable to Past Performance only) rating for every non-price factor.
The Government will evaluate proposals based on the following evaluation factors:
Factor 1 – Dealer License (Non-price) Factor 2 – Travel Trailer Technical Requirements (Non-price) Factor 3 – Past Performance (Non-price) Factor 4 – Price
Evaluation Criteria:
Factor 1 – Dealer License:
The Government will assess the Offeror’s Department of Motor Vehicles (DMV) Licensed Dealer Permit or a license issued by an Authority Having Jurisdiction (AHJ) to issue licenses to sell travel trailers if the DMV is not the AHJ. Offerors who provide an active license issued by the DVM or AHJ in the same state the Dealer does business in will be deemed “Technically Acceptable”.
Offerors who do not provide an active license or a license that is not their own will be deemed “Unacceptable” and removed from further consideration. The Government will utilize the following ratings to evaluate Factor 1:
Rating Definition Acceptable Proposal meets the requirements of the solicitation.
Unacceptable Proposal does not meet the requirements of the solicitation.
Factor 2 – Travel Trailer Technical Requirements:
The Government will assess the Offeror’s Technical Proposal to ensure that it meets or exceeds the minimum technical requirements outlined in Attachment 1 - Statement of Work (SOW) and the Request for Proposal. Offerors who meet or exceed the minimum technical requirements, including the delivery schedule, will be deemed “Technically Acceptable.” Offerors who do not meet the minimum technical requirements will be deemed “Unacceptable” and removed from further consideration. The Government will utilize the following ratings to evaluate Factor 2:
Rating Definition Acceptable Proposal meets the requirements of the solicitation.
Unacceptable Proposal does not meet the requirements of the solicitation.
Factor 3 – Past Performance:
The Government will assess the Offeror’s Past Performance Proposal to ensure that the Offeror has the relevant past performance with contracts/projects providing items of similar size, scope and complexity to those outlined in the Statement of Work, which indicates that the Offeror will successfully perform the requirements outlined in the SOW. The Government may contact customers/clients on the past performance submittals to verify the accuracy of the information provided by Offerors. The Government may also assess any performance information retrieved from the Contractor Performance Assessment Reporting System (CPARS) in addition to the Past Performance Proposal received. Offerors that do not have a record of relevant past performance or past performance information is either unavailable or so sparse that no meaningful rating can be reasonably assigned will be not be rated favorably or unfavorably. The Government will utilize the following ratings to evaluate Factor 3:
Rating Definition Acceptable Based on the Offeror’s past performance record, the Government has a reasonable expectation that the Offeror will successfully perform the required effort.
Unacceptable Based on the Offeror’s past performance record, the Government has substantial concern that the Offeror will not successfully perform the required effort.
Information Not Available
Past performance information is not available. The offeror may not be rated favorably or unfavorably for this factor.
Factor 4 – Price:
FEMA will assess the proposed total evaluated price of the contract from the Price Proposal to ensure it is fair and reasonable. The Government anticipates that the total evaluated price will be determined fair and reasonable based on adequate price competition in accordance with FAR
15.404-1(b)(2)(i). The total evaluated price will be evaluated for price reasonableness through comparison with other proposed prices and may include other price analysis techniques found at FAR 15.404-1(b)(2). Price will not receive a rating.
The following provisions (Sections E3 – E11) must be completed by Offerors and included in the price proposal submission to be considered eligible for award. FAR 52.212-3, Offeror Representations and Certifications-Commercial items, shall be included unless that information is current in the Offeror’s System for Award Management (SAM). If registered in SAM please include confirmation of active registration.
E.3 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND
SERVICES
DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED E
NTITIES
(DEVIATION 20-05)
(a) Definitions. As used in this clause-
"Covered article" means any hardware, software, or service that-
(1) Is developed or provided by a covered entity;
(2) Includes any hardware, software, or service developed or provided in whole or in part by a covered entity; or
(3) Contains components using any hardware or software developed in whole or in part by a covered entity.
"Covered entity" means-
(1) Kaspersky Lab;
(2) Any successor entity to Kaspersky Lab;
(3) Any entity that controls, is controlled by, or is under common control with Kaspersky
Lab; or
(4) Any entity of which Kaspersky Lab has a majority ownership.
(b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits Government use of any covered article. The Contractor is prohibited from-
(1) Providing any covered article that the Government will use on or after October 1, 2018; and
(2) Using any covered article on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the contract.
(c) Reporting requirement.
(1) In the event the Contractor identifies covered article provided to the Government 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, in writing, via email, to the Contracting Officer, Contracting Officer's Representative, and the Enterprise Security Operations Center (SOC) at NDAA Incidents@hq.dhs.gov, with required information in the body of the email. In the case of the Department ofDefense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Enterprise SOC, Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) and Contracting Officer's Representative(s) for any affected order or, in the case of the Department ofDefense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.
(2) The Contractor shall report the following information pursuant to paragraph ( c )(1) of this clause:
(i) Within 1 business day from the date of such identification or notification: the contract number;
the order number( s ), if applicable; supplier name; brand; model number (Original Equipment Manufacturer (OEM) number, manufacturer part number, or wholesaler number); item description;
and any readily available information about mitigation actions undertaken or recommended.
(ii) Within 10 business days of submitting the report pursuant to paragraph (c)(l) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of a covered article, any reasons that led to the use or submission of the covered article, and any additional efforts that will be incorporated to prevent future use or submission of covered articles.
(c) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph ( d), in all subcontracts, including subcontracts for the acquisition of commercial items.
E.4 FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (AUG 2020)
The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it ‘‘does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument’’ in the provision at 52.204–26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v) of the provision at 52.212–3, Offeror Representations and Certifications– Commercial Items.
(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…
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