36C24223Q0756 Combined Synopsis.pdf

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6515--Spacelabs Healthcare AriaTele Telemetry Monitoring System (Brand Name Only)
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36C24223Q0756
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Combined Synopsis/Solicitation Notice

*= Required Field Combined Synopsis/Solicitation Notice

SUBJECT* Spacelabs Healthcare AriaTele Telemetry Monitoring System - Brand Name Only

GENERAL INFORMATION

CONTRACTING OFFICE’S ZIP CODE* 12203

SOLICITATION NUMBER* 36C24223Q0756

RESPONSE DATE/TIME/ZONE 05-31-2023 16:00 EASTERN TIME, NEW YORK,

USA

ARCHIVE 15 DAYS AFTER THE RESPONSE DATE

RECOVERY ACT FUNDS N

SET-ASIDE SDVOSBC

PRODUCT SERVICE CODE* 6515

NAICS CODE* 334510

CONTRACTING OFFICE ADDRESS

Department of Veterans Affairs

Network Contracting Office 2

20 Madison Avenue Ext.

Albany NY 12203

POINT OF CONTACT* Contract Specialist

Myra Florisa N. Green

Myra.Green2@va.gov

PLACE OF PERFORMANCE

ADDRESS

Syracuse VA Medical Center

800 Irving Avenue

Syracuse NY

POSTAL CODE 13210

COUNTRY USA

ADDITIONAL INFORMATION

AGENCY’S URL https://vaww.visn2.va.gov/albany/index.asp

URL DESCRIPTION New York/New Jersey VA Health Care Network

AGENCY CONTACT’S EMAIL ADDRESS Myra.Green2@va.gov

EMAIL DESCRIPTION POC

DESCRIPTION

This is a combined synopsis/solicitation for commercial products and commercial services prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, “Streamlined Procedures for Evaluation and Solicitation for Commercial Products and Commercial Services,” as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested, and a written solicitation document will not be issued.

This solicitation is issued as an RFQ. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2023-02 effective March 16, 2023.

This solicitation is set-aside 100% for Service-Disabled Veteran-Owned Small Business

(SDVOSB).

The associated North American Industrial Classification System (NAICS) code for this procurement is 334510, with a small business size standard of 1,250 Employees.

The FSC/PSC is 6515.

The Network Contracting Office 2 located at 20 Madison Avenue Ext., Albany, NY 12203 is seeking to purchase Spacelab Healthcare AriaTele telemetry transmitters, parts, software, and accessories. This is a solicitation for Brand Name Only, and the salient characteristics are identified in the Statement of Work.

All interested companies shall provide quotations for the following:

Supplies/Services

Line Item Product Description

Part Number Quantity Unit Price Total Price

0001 AriaTele Telemetry Transmitter FOR

43SCI EIL

96281 5

0002 ECG and SpO2 Transmitter with Display

96281-C 5

0003 Q Band (608-614 MHz)

96281-05 5

0004 Wideband (50 kHz bandwidth)

96281-W 5

0005 5-lead, AHA/AAMI color code

96281-J 5

0006 Xhibit Telemetry Receiver

96280 1

0007 Xhibit Telemetry Receiver, Base

96280-A 1

0008 Q Band Receiver, 608-614 MHz

96280-Q 1

0009 Xhibit Telemetry Receiver Housing, 4 Patient Bundle

96280-4 1

0010 Quad Receiver, Q Band, 96280

96280--Q 1

0011 608-614 MHz UHF telemetry antenna kit with 110v power supply

040-1037-04 10

0012 608-614 MHz UHF telemetry antenna kit without power supply

040-1036-04 10

0013 Extended telemetry antenna coverage

999-1161-00 5

0014 Nellcor OxiMax DS- 100A finger sensor, adult

690-0003-01 5

0015 ECG combiner adapter, Aria Telemetry, 96281, AAMI**

700-0008-88 5

0016 ECG combiner lead wire set, 5L, multi-pinch, AAMI, 74cm/29 in**

700-0006-37 5

0017 CD-ROM, Manual, Ops, 96281, ariaTele

084-2201-01 1

0018 AriaTele Service Manual, CD-ROM

084-2202-01 1

0019 Antenna 8x5 Support for existing equipment. Price includes any contractual discounts. Please

ANT-8X5 1

see attached service contract for details.

0020 Operation Manual, CD, Xhibit/Telemetry

084-2301-06 1

0021 Service Manual, CD, Xhibit/Telemetry

084-1479-06 1

0022 Basic CEC Support.

Includes up to 3 consecutive weekdays of customized clinical training (workflow process development, alarm management, eLearning administration). Up to 7 hours of class time per day, between the hours of 8 A.M. and 8 P.M.

999-0222-51 1

0023 Project Management:

Manage all aspects of the equipment, technology, clinical workflow, and go-live activities from the initial project kickoff to project closure utilizing the 5 stages of the Project Management Process.

999-1510-13 1

0024 Depot Support Plan.

Unit price is per year. Monitoring Products only

999-9999-42 4

0025 Power Cord, North America, 3 ft, 120V, 10A

161-0246-00 1

0026 Installation 999-9999-97 1

0027 Xhibit Central Station

96102 1

0028 Xhibit central station, base Computer

96102-B 1

0029 Xhibit central station, 16 bed bundle

96102-B 1

0030 Single patient license for Xhibit central station

910-6102-01 16

0031 Operation Manual, CD, Xhibit/Telemetry

084-2301-06 1

0032 Service Manual, CD, Xhibit/Telemetry

084-1479-06 1

0033 Depot Support Plan.

Unit price is per year. Monitoring Products only.

999-9999-42 4

0034 Xhibit display, 21.5" high resolution touchscreen

011-0241-02 2

0035 Installation 999-9999-97 1

0036 1 Bed Clinical Access Bundle License

910-3999-01 5

0037 Enhanced Software Support with cybersecurity support, price per year per Telemetry channel

999-1898-23 5

0038 Monitoring third party vendor purchase. See attached quote for details.

999-1878-01 1

0039 HDMI over IP extender

ST12MHDLAN 1

0040 HDMI over IP ST12MHDLANRX 3 receiver only

0041 Cable, HDMI, 6ft, black

012-0993-00 1

0042 Splitter display port

4WAY 96102

010-1975-00 1

0043 Cable, Display Port, Latching, 6ft

012-1013-01 1

0044 Upgrade License for Xhibit, 96102. Serial Number of Xhibit to be upgraded required with purchase order.

040-1668-00 24

0045 Xhibit display, 21.5" high resolution touchscreen

011-0241-02 2

Statement of Work

Spacelabs Telemetry for Spinal Cord Injury (SCI)

A. GENERAL INFORMATION

1. Title of Project: Spacelab’s AriaTeleTelemetry for SCI

2. Type of Contract Contemplated: Fixed-Price

B. SCOPE

The Syracuse VA Medical Center has a clinical requirement to monitor certain patient vital signs in Spinal Cord Injury. This entails having Telemetry equipment installed by the contractor. The services include providing the equipment necessary, assistance with installation and configuration of the system, and clinical applications training.

Overview

Capable of 30 beds

8 Displays

30 Transmitters

C. REQUIREMENT/SALIENT CHARACTERISTICS/SPECIFICATIONS

Common Nomenclature (commercial description): Telemetry

Kind of material (i.e., type, grade, alternatives, etc.): FDA approved medical devices/system

Electrical Data (i.e., 110 v, 60 Hz, 3 Ph, etc.): 110 v, 60 Hz, 3 Ph

Dimensions, size, capacity: Various. Depends on which component of the system is being described since there are multiple.

Principles of operation: Standard Telemetry

Restrictive environmental conditions: In hospital with security restrictions

Intended use: Telemetry monitoring of Veteran patients in the hospital

Equipment with which the item is used: Existing servers and ICU Telemetry monitoring equipment

End item application: Telemetry in SCI

Original equipment manufacturer part number: See product #’s (3rd column) in Table

Table 1. Original equipment manufacturer part number (See product #’s in 3rd column).

Item Number

Product Description Part Number Quantity

0001 AriaTele Telemetry Transmitter 96281 5

0002 ECG and SpO2 Transmitter with Display 96281-C 5

0003 Q Band (608-614 MHz) 96281-05 5

0004 Wideband (50 kHz bandwidth) 96281-W 5

0005 5-lead, AHA/AAMI color code 96281-J 5

0006 Xhibit Telemetry Receiver 96280 1

0007 Xhibit Telemetry Receiver, Base 96280-A 1

0008 Q Band Receiver, 608-614 MHz 96280-Q 1

0009 Xhibit Telemetry Receiver Housing, 4 Patient Bundle

96280-4 1

0010 Quad Receiver, Q Band, 96280 96280--Q 1

0011 608-614 MHz UHF telemetry antenna kit with 110v power supply

040-1037-04 10

0012 608-614 MHz UHF telemetry antenna kit without power supply

040-1036-04 10

0013 Extended telemetry antenna coverage 999-1161-00 5

0014 Nellcor OxiMax DS-100A finger sensor, adult 690-0003-01 5

0015 ECG combiner adapter, Aria Telemetry, 96281, AAMI**

700-0008-88 5

0016 ECG combiner lead wire set, 5L, multi-pinch, AAMI, 74cm/29 in**

700-0006-37 5

0017 CD-ROM, Manual, Ops, 96281, ariaTele 084-2201-01 1

0018 AriaTele Service Manual, CD-ROM 084-2202-01 1

0019 Antenna 8x5 Support for existing equipment. Price includes any contractual discounts. Please see attached service contract for details.

ANT-8X5 1

0020 Operation Manual, CD, Xhibit/Telemetry 084-2301-06 1

0021 Service Manual, CD, Xhibit/Telemetry 084-1479-06 1

0022 Basic CEC Support. Includes up to 3 consecutive weekdays of customized clinical training (workflow process development, alarm management, eLearning administration). Up to 7 hours of class time per day, between the hours of 8 A.M. and 8 P.M.

999-0222-51 1

0023 Project Management: Manage all aspects of the equipment, technology, clinical workflow, and go-live activities from the initial project kickoff to project closure utilizing the 5 stages of the Project Management Process.

999-1510-13 1

0024 Depot Support Plan. Unit price is per year.

Monitoring Products only

999-9999-42 4

0025 Power Cord, North America, 3 ft, 120V, 10A 161-0246-00 1

0026 Installation 999-9999-97 1

0027 Xhibit Central Station 96102 1

0028 Xhibit central station, base Computer 96102-B 1

0029 Xhibit central station, 16 bed bundle 96102-B 1

0030 Single patient license for Xhibit central station 910-6102-01 16

0031 Operation Manual, CD, Xhibit/Telemetry 084-2301-06 1

0032 Service Manual, CD, Xhibit/Telemetry 084-1479-06 1

0033 Depot Support Plan. Unit price is per year.

Monitoring Products only.

999-9999-42 4

0034 Xhibit display, 21.5" high resolution touchscreen 011-0241-02 2

0035 Installation 999-9999-97 1

0036 1 Bed Clinical Access Bundle License 910-3999-01 5

0037 Enhanced Software Support with cybersecurity support, price per year per Telemetry channel

999-1898-23 5

0038 Monitoring third party vendor purchase. See attached quote for details.

999-1878-01 1

0039 HDMI over IP extender ST12MHDLAN 1

0040 HDMI over IP receiver only ST12MHDLANRX 3

0041 Cable, HDMI, 6ft, black 012-0993-00 1

0042 Splitter display port 4WAY 96102 010-1975-00 1

0043 Cable, Display Port, Latching, 6ft 012-1013-01 1

0044 Upgrade License for Xhibit, 96102. Serial Number of Xhibit to be upgraded required with purchase order.

040-1668-00 24

0045 Xhibit display, 21.5" high resolution touchscreen 011-0241-02 2

Other pertinent information that describes the item, material or service required:

See Table 1 above

D. OTHER UNIQUE REQUIREMENTS

System Component and Coverage Details

4th floor SCI 30 transmitters 2 Xhibit centrals (32 zones each) (3 Xhibit displays each) 8 displays Components for repeaters Antenna system (coverage – patient rooms, bathrooms, dining room, PT area) 1 repeater in dining area

ICU

Increase telemetry central to 48 zones Increase ICU central to 48 zones, additional display

7B Increase central to 48 zones, additional display

A703 Install 16 receivers (80 total)

D403

Increase Biomed spare central to 48 zones

Trade in – old SL2400 monitors from Endo & IR

Compatibility with Existing Equipment: Shall be compatible with existing Telemetry systems and monitoring equipment, and servers

Applicable DICOM compliance, Directives or IT Policies: VA Directive and Handbook 6500 and additional 6500 series directives and handbooks.

Coordination with On-going Construction Project (provide the project number):

Not applicable

Warranty: Equipment and Enhanced Software Support with cybersecurity support for 1 year

Training: 3 days of customized clinical training (workflow process development, alarm management, eLearning administration). Up to 7 hours of class time per day, between the hours of 8 A.M. and 8 P.M.

Service and/or Maintenance: To be purchased after expiration of initial warranty

Safety/ISO/IT/BioMed/SPS & Other Departmental Compliance:

NFPA 99 Health Care Facilities Code VA Directive and Handbook 6500 and additional 6500 series directives and handbooks

E. DELIVERY

All items listed on Table 1 must be delivered to:

◊ Syracuse VA Medical Center, 800 Irving Ave., Syracuse NY 13210

◊ Attn: Nancy Gilson in Biomed

Inspection and acceptance will occur at:

◊ Syracuse VA Medical Center

Deliverable Schedule

Deliverable Description Quantity/Media Date Completed 1 Project Management As applicable Initial project kickoff to project closure

2 All hardware and software listed in Table 1 required to setup the system

Refer to Table 1 ASAP but not sooner than 3-5 days prior to installation*

3 Customized clinical training 3 weekdays Immediately after installation and per applicable clinical groups

4 Support As applicable One year after completed system installation

* Installation date to be agreed upon by OEM, Syracuse VA Senior Leadership, SCI, ICU, Biomed, FMS, Logistics, and IT

F. Government-Furnished Property, Material, Equipment, or Information (GFP, GFM, GFE, or GFI) GFI will be provided to Contractor for system interface.

G. SECURITY

• Special pass or identification requirements;

◊ Parking passes to be requested by Biomed

• Special security clearance requirements; or

◊ Contractor must check in with Police

• Special escort requirements.

◊ Per Biomed’s discretion

H. SPECIAL MATERIAL REQUIREMENT

Not applicable

I. PLACE OF PERFORMANCE

Most contract work to be performed at the Syracuse VA Medical Center. Some interface activities will occur remotely.

J. PERIOD OF PERFORMANCE

Refer to Deliverable Schedule above.

K. BILLING/INVOICING To be completed by the Syracuse VA Medical Center Logistics group in accordance with their policies and procedures.

L. CUSTOMER INFORMATION Primary customer is SCI. Secondary customer is Biomed.

M. DRAWINGS/ASBUILTS/CONSTRUCTION FLOOR PLANS (N/A or See Attachment)

Required antenna coverage area for SCI (shaded area below):

Delivery shall be provided [insert delivery date or no later than 90 days after receipt of award (ARA). Delivery shall be F.O.B. Destination.

Place of Performance/Place of Delivery

Syracuse VA Medical Center Attn: Nancy Gilson (Biomed) 800 Irving Avenue Syracuse, NY 13210

The full text of FAR provisions or clauses may be accessed electronically at http://acquisition.gov/comp/far/index.html.

The following solicitation provisions apply to this acquisition:

1. FAR 52.212-1, “Instructions to Offerors–Commercial Products and Commercial Services”

ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

Provisions that are incorporated by reference as prescribed in FAR 12.301(b)(1).

Instructions to Offerors—Commercial Products and Commercial Services (Mar 2023), have the same force and effect as if they were given in full text. Upon request, the Contracting http://acquisition.gov/comp/far/index.html

Officer will make their full text available. The version of FAR 52.212-1 in the addendum is tailored for Simplified Acquisition Procedures and supersedes the current version of FAR 52.212-1 contained in the FAR.

The following provision is incorporated into 52.212-1 as an addendum to this solicitation:

FAR 52.212-1 Instructions to Offerors – Commercial Products and Commercial Services (Nov 2021)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the Request for Quote (RFQ). However, the small business size standard for a concern that submits a quote, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees if the acquisition—

(1) Is set aside for small business and has a value above the simplified acquisition threshold; or

(2) Uses the HUBZone price evaluation preference regardless of dollar value, unless the quoter waives the price evaluation preference; or

(3) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b) Submission of Quotes. Submit signed and dated quotes to the office specified in this Request for Quote (RFQ) at or before the exact time specified. Quotes may be submitted on letterhead stationery, or as otherwise specified in the RFQ. As a minimum, quotes must show—

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of quotations;

(3) The name, address, and telephone number of the quoter;

(4) A technical description of the items being quoted in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at Federal Acquisition Regulation (FAR) 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the quoter shall complete electronically);

(9) Acknowledgment Request for Quotation amendments;

(10) Past performance will not be considered in simplified acquisition procurements.

(11) Quote should include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Quotes that fail to furnish required representations and certifications, information requested in (1) to (9), and accept the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of Quotes. The quoter agrees to hold the prices in its quote firm for 30 calendar days from the date specified for receipt of quotes, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of quotes. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender’s request and expense, unless they are destroyed during testing.

(e) Multiple Quotes. Quoters are encouraged to submit multiple quotes presenting alternative line items (provided that the alternative line items are consistent with FAR subpart 4.10), or alternative commercial products or commercial services for satisfying the requirements of this solicitation. Each quote submitted will be evaluated separately.

(f) Late submissions, revisions, and withdrawals of quotes.

(1) Quoters are responsible for submitting quotes so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that quotes are due.

(2) Any quotation received at the Government office designated in the solicitation after the exact time specified for receipt of quotes is "late" and may not be considered unless it is received before purchase order issuance and the Contracting Officer (CO) determines that accepting the late quotation would not unduly delay the acquisition.

(3) If an emergency or unanticipated event interrupts normal Government processes so that quotations cannot be received at the Government office designated for receipt of quotes by the exact time specified in the solicitation, and urgent Government requirements preclude a notice of an extension of the closing date, the time specified for receipt of quotes will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(g) Issuance of Purchase Order. The Government may issue a purchase order to one or more quoters as identified in the Request for Quote (RFQ). Therefore, the quoter’s initial quote should contain the best terms from a price and technical standpoint. However, the Government may reject any or all quotes if such action is in the public’s best interest. The Contracting Officer (CO) may issue a purchase order to other than the quoter with the lowest priced quotation.

(h) Multiple awards. The Government may issue a purchase order for any item or group of items of a quotation, unless the quoter qualifies the quotation by specific limitations. Unless otherwise provided in the Schedule, quotations may not be submitted for quantities less than those specified. The Government reserves the right to issue a purchase order for a quantity less than the quantity quoted, at the unit prices quoted, unless the quoter specifies otherwise in the quotation.

(1) Availability of requirements documents cited in the solicitation.

(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to- GSA Federal Supply Service Specifications Section Suite 8100 470 East L’Enfant Plaza, SW Washington, DC 20407 Telephone (202) 619-8925, Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST ( https://assist.dla.mil/online/start/).

(ii) Quick Search ( http://quicksearch.dla.mil/).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by-

(i) Using the ASSIST Shopping Wizard ( https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Unique entity identifier (UEI). Applies to all quotes that exceed the micro-purchase threshold, and quotes at or below the micro-purchase threshold if the solicitation requires the contractor to be registered in the System for Award Management (SAM).) The quoter must enter, in the block with its name and address on the cover page of its quote, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the quoters name and address. The quoter also must enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the UEI. The suffix is assigned at the discretion of the quoter to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the quoter does not have a UEI, it should contact the entity designated at www.sam.gov for UEI establishment directly to obtain one. The quoter should indicate that it is a quoter for a Government contract when contacting the entity designated at www.sam.gov for establishing the UEI.

(k) [Reserved]

(l) Requests for information. The CO will not notify unsuccessful quoters that responded to this Request for Quotation (RFQ). However, quoters may request information on purchase order(s) resulting from this solicitation with the CO.

(End of Provision)

2. FAR 52.212-3, “Offerors Representations and Certifications–Commercial Products and Commercial Services” (December 2022)

Offerors must complete annual representations and certifications electronically via the System for Award Management (SAM) website located at https://www.sam.gov/portal in accordance with FAR 52.212-3, “Offerors Representations and Certifications–Commercial Products and Commercial Services.” If paragraph (j) of the provision is applicable, a written submission is required.

The following contract clauses apply to this acquisition:

• FAR 52.212-4, “Contract Terms and Conditions–Commercial Products and Commercial Services” (December 2022)

• FAR 52.212-5, “Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Products and Commercial Services” (March 2023)

(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 and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115–91).

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

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

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

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

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

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

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

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions https://www.sam.gov/portal of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[] (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).

[] (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) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109–282) (31 U.S.C. 6101 note).

[] (5) [Reserved]

[] (6) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[] (7) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 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. (NOV 2021) (31 U.S.C. 6101 note).

[] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

[] (10) [Reserved]

[] (11) 52.219–3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).

[] (12) 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).

[] (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 2022) (15 U.S.C. 637(d)(2) and (3)).

[] (17)(i) 52.219–9, Small Business Subcontracting Plan (OCT 2022) (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 2021) 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 (OCT 2022) (15 U.S.C. 657s).

[] (20) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C.

637(d)(4)(F)(i)).

[X] (21) 52.219–27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (OCT 2022) (15 U.S.C. 657f).

[X] (22) (i) 52.219–28, Post-Award Small Business Program Rerepresentation (MAR 2023) (15 U.S.C. 632(a)(2)).

[] (ii) Alternate I (MAR 2020) of 52.219–28.

[] (23) 52.219–29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (OCT 2022) (15 U.S.C. 637(m)).

[] (24) 52.219–30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (OCT 2022) (15 U.S.C. 637(m)).

[] (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

[X] (26) l(26) 52.219–33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).

[] (27) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

[X] (28) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (DEC 2022) (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 (JULY 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 (JULY 2014) of 52.222-36.

[X] (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 (NOV 2021) (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 (MAY 2022). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

[] (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content 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.)

[] (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 (JUN 2014) of 52.223-14.

[] (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 (JUN 2016) (E.O. 13693).

[] (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

[] (ii) Alternate I (JAN 2017) of 52.224-3.

[X] (48)(i) 52.225-1, Buy American—Supplies (OCT 2022) (41 U.S.C. chapter 83).

[] (ii) Alternate I (OCT 2022) of 52.225–1.

[] (49)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (DEC 2022) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108- 302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

[] (ii) Alternate I [Reserved].

[] (iii) Alternate II (DEC 2022) of 52.225-3.

[] (iv) Alternate III (JAN 2021) of 52.225-3.

[] (v) Alternate IV (OCT 2022) of 52.225-3.

[] (50) 52.225–5, Trade Agreements (DEC 2022) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[X] (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[] (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. Subtitle A, Part V, Subpart G Note).

[] (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.

5150).

[] (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

[X] (55) 52.229–12, Tax on Certain Foreign Procurements (FEB 2021).

[] (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

[] (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services

(NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

[X] (58) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Oct 2018) (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 (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).

[] (ii) Alternate I (Apr 2003) of 52.247-64.

[] (iii) Alternate II (NOV 2021) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[] (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

[] (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) (29 U.S.C 206 and 41 U.S.C. chapter 67).

[] (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67).

[] (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).

[] (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026

(JAN 2022).

[] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

[] (9) 52.226–6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(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 products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203–13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C.

3509).

(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 (NOV 2021) (Section 1634 of Pub. L. 115–91).

(iv) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L.

115–232).

(v) 52.219–8, Utilization of Small Business Concerns (OCT 2022) (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 2016) (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 (NOV 2021) (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 (MAY 2014) (41 U.S.C. chapter 67).

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xvi) 52.222-54, Employment Eligibility Verification (MAY 2022) (E. O. 12989).

(xvii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026

(JAN 2022).

(xviii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

(xix)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate 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. Subtitle A, Part V, Subpart G 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) 52.232–40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph

(c) of 52.232–40.

(xxiii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

3. FAR 52.204-24, “Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment” (November 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 and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it ‘‘does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services’’ in paragraph (c)(2) of the provision at 52.204–26, or in paragraph (v)(2)(ii) of the provision at 52.212–3.

(a) Definitions. As used in this provision—

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

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

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

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

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

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

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

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

(d) Representations. The Offeror represents that—

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

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

It [ ] does, [ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services.

The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds “does’’ in paragraph (d)(2) of this section.

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

(i) For covered equipment—

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

(B) A description of all covered telecommunications equipment offered (include brand;

model number, such as OEM number, manufacturer part number, or wholesaler number;

and item description, as applicable); and

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

(ii) For covered services—

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

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

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

(i) For covered equipment—

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

(B) A description of all covered telecommunications equipment offered (include brand;

model number, such as OEM number, manufacturer part number, or wholesaler number;

and item description, as applicable); and

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

(ii) For covered services—

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

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of Provision)

4. FAR 52.252-1, “Solicitation Provisions Incorporated by Reference” (February 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer.

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