Attachment_3_-_Provisions_-_70Z03820QB2000004.docx

Attachment 3:

Provisions – 70Z03820QB2000004

FAR 52.212-1 Instructions to Offerors-Commercial Items (OCT 2018) applies to this acquisition with the following Addendum:

Price:

The contractor shall provide pricing as requested in the attached spreadsheet titled “70Z03820QB2000004 – List of Contract Line Items”. Any quantity price discounts and discounts for prompt payment should be included in this section.

(End of Provision)

FAR 52.252-1 Provisions Incorporated by Reference Feb 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. Also, the full text of a solicitation provision may be accessed electronically at Internet address http://acquisition.gov/far/index.html.

The following provisions are incorporated by reference and are addendum to FAR 52.212-1:

FAR 52.204-7 System for Award Management Oct 2018 FAR 52.204-16 Commercial and Government Entity Code Reporting Jul 2016 FAR 52.217-5 Evaluations of Options Jul 1990 (End of Provision)

Completion of FAR Provision:

The offeror shall complete and provide with the quotation the provision at FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2019).

FAR 52.204-24 Representation Regarding Certain Telecommunications (Aug 2019) and Video Surveillance Services or Equipment

(a) Definitions. As used in this provision— “Covered telecommunications equipment or services”, “Critical technology”, and “Substantial or essential component” have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. 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. Contractors are not prohibited 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.

(c) Representation. The Offeror represents that— 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.

(d) Disclosures. If the Offeror has responded affirmatively to the representation in paragraph (c) of this provision, the Offeror shall provide the following information as part of the offer

(1) All covered telecommunications equipment and services offered (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);

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

(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and

(4) For equipment, 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).

FAR 52.212-2 Evaluation-Commercial Items Oct 2014

Is not applicable to this acquisition. Due to the sole source nature of this acquisition, the basis for award rests with the determination of fair and reasonable pricing. Should the Government receive responsive offers from responsible sources authorized by the OEM to sell the products; the solicitation will be amended accordingly to consider any offers received.

An offeror shall complete only paragraphs (b) of this provision if the offeror has completed the annual representations and certificates electronically via the System for Award Management (SAM) Website located at https://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

(End of Provision)

FAR 52.233-2 Service of Protest Sep 2006

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

USCG ALC SRR Division ATTN: Luis Mojica 1664 Weeksville Road Hangar 75 Elizabeth City, NC 27909

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of provision)