24322624Q0058 Pressure Sealer Maintenance.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

OPM 243226

Room 1342 1900 E St. NW US Office of Personnel Management

OPO - DC

CODE 16. ADMINISTERED BYCODE

X

X

423430

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED OROPM 243226

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

07/25/2024 1100 ET

05/28/2024

202-9701751MUSTAFA KAKAR

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

24322624Q0058

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 2 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

Washington DC 20415-7710

TELEPHONE NO.

17a. CONTRACTOR/

15. DELIVER TO

Washington DC 20415-7710 Room 1342 1900 E St. NW US Office of Personnel Management

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

OPO - DC

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Pressure sealer maintenance

00001 MOORE LM20 PRESSURE SEALER / SERIAL(s) 419 1

00002 MOORE LM7 PRESSURE SEALER / SERIAL(s) NAY3271 1

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

DATED

Pat Filer

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

2 2 of

COMBINED SYNOPSIS/SOLICITATION

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in

FAR part 13.106-2, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

Solicitation 24322624Q0058 issued as a Request for Quotation (RFQ).

This notice incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC)

2024-04 effective April 1, 2024. The complete text of any of the clauses and provisions may be accessed in full text at https://www.acquisition.gov/browse/index/far.

This is an open market solicitation. The associated North American Industrial Classification System

(NAICS) code for this procurement is 423430 Computer and Computer Peripheral Equipment and

Software.

Due Date: All quotations shall be submitted by 11:00 am Eastern time July 25, 2024, to Mustafa Kakar at Mustafa.kakar@opm.gov. Facsimiles are not authorized under this announcement.

Please see Attachment 2 – Bill of Material for the list of contracts line-item numbers (CLINs).

Description: OCIO has a continuous need for pressure sealer maintenance to provide remedial repairs to the Data Center’s pressure sealers. These sealers are used for pressure sealing various Retirement

Services output to include 1099’s and Retiree ID cards. All work shall be completed in accordance with the Statement of Objective. The Statement of Objective is included as Attachment 1 to this solicitation.

The Period of Performance is anticipated to be one-year, from 9/29/2024 to 9/28/2025.

Questions. Submit technical questions to the Contract Specialist in writing, via email to Mustafa Kakar at

Mustafa.kakar@opm.gov on or before 11:00 am Eastern time on June 11, 2024. Telephonic (verbal) questions Will Not be addressed. All responses to questions, which may affect offers, will be incorporated into a written amendment to the RFQ.

QUOTATION SUBMISSION

Quoters must submit an electronic copy of its quote(s) in PDF via e-mail to mustafa.kakar@opm.gov on or before 11:00 am Eastern time on July 25, 2024.

The Government intends to award to the successful quoter who submits the lowest priced technically acceptable (LPTA) quote whose response is submitted in accordance with the terms and conditions of the solicitation. Award will be made to the quote that conforms to the solicitation and to the BOM at the lowest price in accordance with FAR part 13. In making an award, the Government will consider the following:

Factor 1: Technical Capability - Evaluation will be based on the extent to which your quote demonstrates an ability to meet the requirements as detailed in the BOM. The quote will be reviewed to determine if the product(s)/service(s) offered meet the Government’s stated requirements. The evaluation criteria used for this element shall be either ACCEPTABLE or NOT ACCEPTABLE. If the proposed https://www.acquisition.gov/browse/index/far mailto:mustafa.kakar@opm.gov product(s)/service(s) meet the requirements, it will be rated ACCEPTABLE. If the proposed product(s)/service(s) do not meet the requirements, it will be rated NOT ACCEPTABLE.

Factor 2: Price: – Price evaluation will be based on the extent to which price is quoted in accordance with the terms and conditions of the solicitation and is determined to be both fair and reasonable. Price will not be given a specific rating, but it will be evaluated and provided to the Contracting Officer as part of the integrated assessment.

• Price will be determined by the aggregate total of all line items.

• All line items must be quoted.

The Government will first evaluate price to determine the lowest through highest priced quotations. Only the lowest priced quote will be evaluated for technical acceptability, unless the lowest priced quote is deemed technically unacceptable. If the lowest priced quote is deemed technically unacceptable, the next lowest quote will be considered, and so on until a quoter is identified to be technically acceptable. Award will then be made on the basis of the lowest evaluated price of quotes meeting or exceeding the acceptability standards for non-cost factors. Quoters will be advised that the Government may not evaluate the technical quotation response of all quoters under this solicitation.

When conducting the evaluation, the Government may use information provided by the quoter in their quotations as well as information obtained from the quoter’s past performance information. Each quoter is responsible for ensuring that the information provided is thorough, accurate, and complete. Past

Performance will be evaluated by the government utilizing, but not limited to, the Contractor Performance

Assessment Reporting System (CPARS), and the System for Award Management Exclusions. No additional past performance submission is required.

The Government intends to award a single purchase order to the lowest priced Quoter once technical acceptability is reached and pricing is determined fair and reasonable. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit cost or prices offered, unless the offeror specifies otherwise. The Government reserves the right to make multiple awards if, after considering the additional administrative costs, it is in the Government’s best interest to do so.

Format of Quotes

In order to maximize efficiency and minimize the time for quotation evaluation, it is required that all

Quoters submit their quotations in accordance with the format and content specified by the solicitation.

Format:

● Single-spaced lines, including text in figures

● 1-inch margins for the body of the document

● ½ inch margins for headers and footers

● Standard, consecutive page numbering; in “page x of y pages” format of the page footer.

Font:

● 11-point or larger (New Times Roman) text for the proposal and all attachments

● 10-point or larger (New Times Roman) text for all tables and figures in the body of the proposal

ATTACHMENTS

Attachment 1 – Statement of Objective

Attachment 2 – Pricing worksheet

Attachment 3 – FAR Clauses and OPM Specific Clauses

Attachment 1

US Office of Personnel Management

Data Center

Statement of Objectives

Pressure Sealer Maintenance

A.1 GENERAL

A.1.1 The Office of Personnel Management (OPM) administers the major Federal Government retirement, pay, personnel, and investigative functions. The Data Center Group (DCG), located at OPM's

Central Office at 1900 E Street, NW, Washington, DC, is the principal center providing mainframe/enterprise server support for these programs. There are also regional and satellite locations throughout the United States that are supported by this center.

A.1.2 The hardware to be maintained under this agreement resides at the Theodore Roosevelt Building

(TRB) as 1900 E. Street NW, Washington, DC. This equipment is associated with the Data Center Group and must be maintained under this contract.

A.1.3 The Office of Personnel Management has a requirement for on-going hardware maintenance service and related support services for this equipment.

B.1 SCOPE OF CONTRACT

Contractor shall provide hardware maintenance service (labor and parts) and related support services for the equipment shown section B.2 of this document in order to ensure that it remains operational and in working condition at all times. Hardware maintenance service shall not include electrical work external to the equipment, nor the furnishing of normal supplies and consumables.

B.2 EQUIPMENT TO BE MAINTAINED

The equipment to be maintained is located at OPM’s Central Office at 1900 E Street, NW in Washington, DC. The equipment to be maintained is as follows:

MOORE LM20 PRESSURE SEALER / SERIAL(s) 419.

MOORE LM7 PRESSURE SEALER / SERIAL(s) NAY3271.

B.3 CONTRACTOR RESPONSIBILITIES

The Contractor shall provide:

B.3.1 Trained field service personnel who are qualified to provide the required services in accordance with the highest commercial standards.

B.3.2 Multiple levels of technical maintenance support. During the Principal Period of Maintenance

(PPM), response to a trouble call shall be within the Response Time defined in Section B.8 after OPM notifies the Contractor. If it is necessary to obtain additional assistance to correct a malfunction that has not been resolved within the time period specified below, the Contractor shall provide the following additional support at no additional cost to OPM:

(a) Additional Support Level I: If local maintenance personnel are not able to diagnose and repair the malfunction within the first two (2) hours after their arrival, a regional or higher corporate support specialist must be made available. This specialist shall arrive and begin repair within three (3) hours of the arrival of the original local personnel at the trouble site.

(b) Additional Support Level II: If the problem or malfunction has not been corrected within four

(4) hours of the arrival of the original local personnel at the trouble site, Contractor shall arrange with the OEM for whatever support is required.

B.3.5 The Contractor shall provide OPM with a designated point-of-contact for each site. A Contractor's representative will be available on a 24-hour, 7 days a week, basis to receive notification of maintenance services required by OPM. The Contractor shall provide to each site, and shall maintain throughout the life of this contract, a list of local, regional, and corporate support personnel to be called, their telephone numbers, and their corporate functions.

B.3.6 The Contractor shall maintain an inventory of all equipment in spreadsheet format, preferably in

Microsoft Excel.

B.4. OPM RESPONSIBILITIES

B.4.1 OPM personnel shall not perform maintenance or attempt repairs to equipment while such equipment is under the purview of this contract unless agreed to by the Contractor.

B.4.2 Subject to security regulations and operational considerations, OPM shall permit access to the equipment to be maintained.

B.4.3 OPM shall provide adequate storage space for spare parts and adequate working space, including heat, light, ventilation, electric current and outlets, and telephones (for local calls only) for the use of maintenance personnel. These facilities shall be within a reasonable distance of the equipment to be serviced and shall be provided at no charge to the Contractor.

B.4.4 OPM shall provide time for Contractor sponsored system modification(s) within a reasonable time after being notified by the Contractor that the modification(s) is (are) ready to be made. The time required to make the modification(s) shall be outside the normal preventive maintenance hours.

B.4.5 OPM shall maintain environmental requirements in accordance with the specifications furnished by the OEM.

B.4.6 OPM shall be responsible for placing equipment under maintenance at the expiration of any warranty.

B.5 ON-SITE MAINTENANCE

On-site maintenance is required.

B.6 TYPES OF MAINTENANCE

B.6.1 On-Call Maintenance

During the principle period of maintenance (PPM), on-call maintenance is required for all equipment.

B.7 PRINCIPAL PERIOD OF MAINTENANCE (PPM)

The PPM shall be between the hours of 8:00 AM - 5:00 PM EST, Monday – Friday.

B.8 MAINTENANCE RESPONSE TIMES

Contractor's maintenance personnel shall arrive at the designated point within the response times specified below; from the time that OPM notifies the Contractor that remedial maintenance is required.

(a) Within Nine (9) hours from time of call for support.

(b) Coverage is between the hours of 8:00 AM - 5:00 PM EST, Monday - Friday.

If maintenance personnel fail to arrive at the installation within the designated response time, the

Contractor shall grant a credit to OPM as specified for each hour in excess of the specified response time and up to the actual arrival time. The credit will accrue for each hour of delay in response times in the amount of one-half (1/2) percent of the Total Current Month's System Charges due under this contract.

The credit shall be computed to the nearest half or whole hour. No credit shall accrue to OPM during those periods when the Contractor is denied access to the equipment. The amount of credit granted shall not exceed 1/30th of the Total Current Month's System Charges for any calendar day.

B.9 NON-CHARGEABLE MAINTENANCE ITEMS

There shall be no additional charges for:

(a) Replacement parts;

(b) Preventive maintenance, regardless of when performed;

(c) Remedial maintenance regardless of when the maintenance is performed;

(d) Time spent by maintenance personnel after arrival at the site awaiting the arrival of additional maintenance personnel and/or delivery of parts, etc., after a service call has commenced;

(e) Remedial maintenance required on any machine when the scheduled preventive maintenance for that machine preceding the malfunction had not been performed unless preventive maintenance was omitted at OPM's request or the Contractor was denied access to the equipment;

(f) Remedial maintenance required within a 48-hour period due to a recurrence of the same malfunction.

(g) Travel time to and from the location of equipment requiring remedial maintenance

B.10 PREVENTIVE MAINTENANCE

Preventive maintenance shall be performed during OPM's Principal Period of Maintenance. The

Contractor shall specify in writing to the Government Technical Site Representative the frequency and duration of the preventive maintenance required for the equipment listed in each maintenance order. If a mutually agreed upon schedule for preventive maintenance cannot be established, OPM reserves the right to specify the schedule for performance of preventive maintenance.

B.11 REMEDIAL MAINTENANCE

On-call or Contractor-Exchange remedial maintenance shall be performed after notification that equipment is inoperative. The Contractor shall provide OPM with a designated point(s)-of-contact and make arrangements to enable its maintenance representative to receive such notification (See Paragraph

B.9, page 6).

B.12 MALFUNCTION INCIDENT REPORTS

Subsequent to each remedial maintenance incident, the Contractor shall furnish a signed malfunction incident report (MIR) (form to be provided by the Government) to the installation. Each MIR shall include, at minimum:

(a) Date and time notified;

(b) Date and time of arrival;

(c) Type and serial number(s) of machine(s);

(d) Description of malfunction;

(e) Date and time equipment is returned to OPM for use;

(f) List of parts replaced, if any; and

(g) Any additional charges, if applicable. Additional charges must be negotiated with the

Contracting Officer prior to OPM incurring those charges

B.13 MAINTENANCE COVERAGE

B.13.1 The effective date of maintenance service for any equipment shall not be prior to the expiration of the warranty period for that equipment. The equipment located at each OPM site which remains under warranty shall not be included on any maintenance order or associated inventory list.

B.14 DISCONTINUANCE NOTICE

OPM shall give the Contractor thirty (30) calendar days prior written notice of discontinuance of maintenance services unless a shorter period is agreed to by the Contractor.

B.15 PARTS/ALTERATIONS/ATTACHMENTS

B.15.1 Only new standard parts or parts equal in performance to new standard parts shall be used in effecting repairs. Replaced parts shall become the property of the Contractor.

B.15.2 Should OPM make alterations or install attachments which affect the maintenance of this equipment, the continuation of maintenance service on this equipment shall be subject to mutual agreement. Should the alterations or attachments increase the maintenance costs to the Contractor, additional maintenance charges shall be made on an individual installation basis. If such alterations or attachments create a safety hazard, the Contractor may discontinue maintenance service on the hazardous equipment.

B.15.3 Contractor-sponsored alterations of attachments to equipment shall be made only with OPM's consent. Appropriate modification of the contract shall be negotiated for each such alteration which either enhances the value of the system to OPM or decreases the overall maintenance costs.

B.16 MOVEMENT OF EQUIPMENT

B.16.1 In the event any system or part thereof being maintained under the terms and conditions of this contract is moved to another location within the same geographical service area, as designated by the

Contractor, the terms and conditions of this contract shall continue to apply. Relocation of equipment within a data center shall fall under the terms of this item.

B.16.2 If the system or part thereof must be moved outside the Contractor's designated service area, then the continued applicability of this contract shall be subject to mutual agreement.

B.16.3 Maintenance charges shall be suspended on the day the dismantling of the equipment in preparation for shipment is begun. Maintenance charges shall be reinstated on the day that the Contractor completes reassembling the equipment and testing procedures necessary to assure the equipment is in good operating condition. OPM shall be charged for disassembly and reassembly at fair market value rates agreed upon by both parties prior to the work being done, provided that the Contractor charges his commercial customers for such services.

B.16.4 Shipment to the new installation site shall be at OPM's expense by electronic padded van or air freight. OPM may ship the equipment by Government transportation or by commercial carrier, or, at its option, provide the Contractor with an authorization to ship by commercial carrier on a prepaid basis, in which case OPM shall be invoiced for transportation, rigging, and drayage costs.

B.16.5 Re-connection and testing of moved equipment at the new location shall be the sole responsibility of the Contractor.

B.17 EQUIPMENT INVENTORY VALIDATION

B.17.1 To assure accurate equipment inventories, the Contractor shall, if requested, provide, at no additional cost, the resources required to verify the accuracy of the inventories provided by the

Government as part of any initial fiscal year maintenance order.

B.17.2 If requested by the Government, the Contractor will provide similar verification for maintenance inventory change orders at rates mutually agreed to.

B.18 RELATED MAINTENANCE SUPPORT SERVICES

If ordered by the Government, the Contractor shall provide related maintenance support services for the systems being maintained hereunder. Examples of such services include, but are not limited to, installation, de-installation, relocation, refurbishment, re-cabling, and testing of additional equipment acquired by the Government. OPM shall be charged for such services at mutually agreed to rates.

B.19 MAINTENANCE CREDIT FOR SYSTEM DOWNTIME

If the system remains inoperative and cannot perform the scheduled workload due to an equipment malfunction, through no fault or negligence of OPM, for a period of eight (8) consecutive hours over one or two workdays, or more than ten non-consecutive hours during a twenty-four hour period, the

Contractor shall grant a credit to OPM. The credit will accrue for each hour of downtime in the amount of one-half (1/2) percent of the Total Current Month's System Charges due under this contract. The credit for system downtime shall be computed to the nearest half or whole hour. No credit shall accrue to OPM during those periods when the Contractor is denied access to the equipment. The amount of credit granted shall not exceed 1/30th of the Total Current Month's System Charges for any calendar day.

B.20 MAINTENANCE CREDIT FOR EQUIPMENT DOWNTIME

If an individual component(s) remains unusable due to an equipment malfunction, through no fault or negligence of OPM, for a period of eight (8) consecutive hours over one or two workdays, or more than ten (10) non-consecutive hours during a twenty-four (24) hour period, the Contractor shall grant a credit to OPM. The credit will accrue for each hour of downtime in the amount of one-half (1/2) percent of the

Total Current Month's Charges due for the respective equipment under this contract that has failed, plus similar credits for any other equipment maintained under this contract not usable as a result of the malfunction. No credit shall accrue to OPM during those periods when the Contractor is denied access to the equipment. The amount of credit granted under this paragraph shall not exceed 1/30th of the Total

Current Month's Charges for the respective equipment for any calendar day. Credit for equipment malfunctions shall be computed to the nearest half or whole hour. During a period of downtime, OPM may use operable equipment when such action does not interfere with remedial maintenance.

Attachment 2

Pricing Worksheet

Item Quantity Unit Price Total Price

MOORE LM20 PRESSURE SEALER / SERIAL(s)

MOORE LM7 PRESSURE SEALER / SERIAL(s)

NAY3271

TOTAL:

Attachment 3

FAR Clauses

The following Federal Acquisition Regulation (FAR) and OPM Specific Provisions and Clauses apply to this acquisition:

This solicitation 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 address:

https://www.acquisition.gov/?q=/browse/far/52

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications

Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-

3, Offeror Representations and Certifications-Commercial Products 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.

52.212-1 Instructions to Offerors -- Commercial Items (September 2023)

52.212-4 Contract Terms and Conditions -- Commercial Items (Oct 2018)

52.204-7 System for Award Management (Oct 2018)

52.204-13 System for Award Management Maintenance. (Oct 2018)

52.204-16 Commercial and Government Entity Code Reporting. (August 2020)

52.204-17 Ownership or Control of Offeror (August 2020)

52.204-18 Commercial and Government Entity Code Maintenance. (August 2020)

52.204-20 Predecessor of Offeror (August 2020) https://www.acquisition.gov/?q=/browse/far/52 https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1152565

(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

(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.

https://www.sam.gov/

(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. (AUG 2020)

(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.

https://www.acquisition.gov/far/part-4#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

(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 items.

https://www.acquisition.gov/far/part-4#FAR_4_2104 https://dibnet.dod.mil/ https://dibnet.dod.mil/

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—

Commercial Products and Commercial Services (Feb 2024).

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(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 Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR

2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) ( 31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting

Officer has indicated as being incorporated in this contract by reference to implement provisions of law or

Executive orders applicable to acquisitions of commercial products and commercial services:

_x_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN

2020), with Alternate I (NOV 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 4655).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV

2021) ( 41 U.S.C. 3509)).

_x_ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment

Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American

Recovery and Reinvestment Act of 2009.)

_x_ (4) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) ( 41 U.S.C. 4712);

this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

__ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN

2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

https://www.acquisition.gov/far/part-52#FAR_52_203_19 https://www.acquisition.gov/far/part-52#FAR_52_204_23 https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.acquisition.gov/far/part-52#FAR_52_209_10 https://www.acquisition.gov/far/part-52#FAR_52_232_40 https://www.govinfo.gov/link/uscode/31/3903 https://www.govinfo.gov/link/uscode/10/3801 https://www.acquisition.gov/far/part-52#FAR_52_233_3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_233_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_203_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.govinfo.gov/link/uscode/10/4655 https://www.acquisition.gov/far/part-52#FAR_52_203_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_203_15 https://www.acquisition.gov/far/part-52#FAR_52_203_17 https://www.govinfo.gov/link/uscode/41/4712 https://www.acquisition.gov/far/part-3#FAR_3_900 https://www.acquisition.gov/far/part-52#FAR_52_204_10 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim

__ (6) [Reserved].

__ (7) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery

Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of

Division R of Pub. L. 117-328).

__ (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply

Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023) ( Pub. L.

115–390, title II).

__ (11)

(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (DEC

2023) ( Pub. L. 115–390, title II).

__ (ii) Alternate I (DEC 2023) of 52.204–30.

__ (12) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment. (NOV 2021) ( 31 U.S.C. 6101 note).

__ (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility

Matters (OCT 2018) ( 41 U.S.C. 2313).

__ (14) [Reserved].

__ (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022)

( 15 U.S.C. 657a).

__ (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns

(OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a).

__ (17) [Reserved]

__ (18)

(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.

__ (19)

(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.

https://www.acquisition.gov/far/part-52#FAR_52_204_14 https://www.acquisition.gov/far/part-52#FAR_52_204_15 https://www.acquisition.gov/far/part-52#FAR_52_204_27 https://www.acquisition.gov/far/part-52#FAR_52_204_28 https://www.govinfo.gov/link/plaw/115/public/390 https://www.govinfo.gov/link/plaw/115/public/390 https://www.acquisition.gov/far/part-52#FAR_52_204_30 https://www.govinfo.gov/link/plaw/115/public/390 https://www.acquisition.gov/far/part-52#FAR_52_209_6 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_209_9 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2313&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_219_3 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637a&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_219_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_6 https://www.acquisition.gov/far/part-52#FAR_52_219_7 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_7

__ (20) 52.219-8, Utilization of Small Business Concerns (FEB 2024) ( 15 U.S.C. 637(d)(2) and

(3)).

__ (21)

(i) 52.219-9, Small Business Subcontracting Plan (SEP 2023) ( 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 (SEP 2023) of 52.219-9.

__ (22)

(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.

_x_ (23) 52.219-14, Limitations on Subcontracting (OCT 2022) ( 15 U.S.C. 637s).

__ (24) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP

2021) ( 15 U.S.C. 637(d)(4)(F)(i)).

__ (25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to,…