RFQ_CSS-75N95019Q00312-Final.pdf

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Focal Charge Compensator for Zeiss Sigma 300 System with Gatan 3View System
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75N95019Q00312
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COMBINED SYNOPSIS / SOLICITATION - COMPETITIVE

Focal Charge Compensator for Zeiss Sigma 300 System with Gatan 3View System

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

The solicitation number is 75N95019Q00312 and the solicitation is issued as a request for quotations (RFQ).

This acquisition is for a commercial item or service and is conducted under the authority of the Federal Acquisition Regulation (FAR) Part 13—Simplified Acquisition Procedures; and FAR Part 12—Acquisition of Commercial Items, and is not expected to exceed the simplified acquisition threshold.

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2019-04.

The associated NAICS code 811219, Other Electronic and Precision Equipment Repair and Maintenance, and the small business size standard is $20.5 million. This requirement is not a small business set-aside.

Below is a table that contains a list of product ID numbers, the brand name or equal items, and quantities.

Product ID Product Description Quantity 349561-9003-903 Upgrade Kit Focal Charge

Compensator S300

1 PC

354935-9159-000 PC Upgrade Kit EVO10/15/18/25/Sigma Enhancer

1 PC

000000-5040-090 Electron Microscopy (EM) Labor

16 HR

410790-1001-000 1 Day Local On-Site EM Apps Training

1 PC

A detailed description of the Brand Name or Equal items to be acquired is attached to this combined synopsis/solicitation, labeled as Attachment #1 - Purchase Description.

FAR 52.211-6 Brand name or Equal is applicable.

(a) If an item in this solicitation is identified as “brand name or equal,” the purchase description reflects the characteristics and level of quality that will satisfy the Government’s needs. The salient physical, functional, or performance characteristics that “equal” products must meet are specified in the solicitation.

(b) To be considered for award, offers of “equal” products, including “equal” products of the brand name manufacturer, must—

(1) Meet the salient physical, functional, or performance characteristic specified in this solicitation;

(2) Clearly identify the item by—

(i) Brand name, if any; and

(ii) Make or model number;

(3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and

(4) Clearly describe any modifications the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modifications.

(c) The Contracting Officer will evaluate “equal” products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer.

(d) Unless the offeror clearly indicates in its offer that the product being offered is an “equal” product, the offeror shall provide the brand name product referenced in the solicitation.

(End of provision)

The dates for delivery and designated place and point of contract for delivery is identified in Attachment #1 - Purchase Description.

The provision at FAR clause 52.212-1, Instructions to Offerors – Commercial Items, applies to this acquisition and is incorporated by reference.

The provision at FAR clause 52.212-2, Evaluation – Commercial Items, applies to this acquisition and is incorporated by reference. The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: technical factors and past performance. Technical and past performance, when combined, are significantly more important than cost or price.

The factors described below are listed in order of their relative importance:

1. Technical Approach:

a. The Offeror will be evaluated on its ability to provide all of the technical requirements specified in the Purchase Description.

b. The Offeror will be evaluated on its ability to meet the delivery requirements in the Purchase Description.

2. Past Performance:

The Offeror will be evaluated on the demonstrated relevant and recent performance of the offeror and any proposed subcontractors on current and past contracts of similar size and scope.

Offerors must submit information sufficient to evaluate their quotes based on the detailed factors listed above. Offerors may also submit such things as product literature, product samples (if requested), technical features and warranty provisions.

The Offeror is to include a completed copy of the provision at FAR clause 52.212-3, Offeror Representations and Certifications—Commercial Items, with its offer.

The FAR clause at 52.212-4, Contract Terms and Conditions – Commercial Items (October 2018), applies to this acquisition and is incorporated by reference.

The FAR clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items (August 2019), applies to this acquisition and is incorporated by reference.

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115- 91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

The Contractor shall comply with the following FAR provisions and/or clauses:

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (see Attachment #2).

52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (JUL 2013) 52.219-28, Post Award Small Business Program Representation (JUL 3013)

52.222-3 Convict Labor (June 2003).

52.222-19 Child Labor—Cooperation with Authorities and Remedies (Oct 2016) 52.222-21 Prohibition of Segregated Facilities (Apr 2015).

52.222-26 Equal Opportunity (Sept 2016).

52.222-36 Equal Oppurtunity for Workers with Disabilities (JUL 2014) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) 52.222-50 Combating Trafficking in Persons (March 2015) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) 52.225-13 Restrictions on Certain Foreign Purchases (June 2008) 52.232-33 Payment by Electronic Funds Transfer— System for Award Management (JUL 2013).

The following additional contract requirement(s) or terms and conditions as determined by the contracting officer are necessary for this acquisition and consistent with customary commercial practices.

The Defense Priorities and Allocations System (DPAS) are not applicable to this requirement.

Responses to this solicitation must include sufficient information to establish the interested parties’ bona-fide capabilities of providing the product or service. The technical response and price quote shall be submitted in an order and manner consitient with the table identified above and shall include: unit price, list price, discount price, shipping and handling costs, delivery days after contract award, delivery terms, prompt payment discount terms, F.O.B. Point (Destination, Origin, etc), product or catalog number(s); product description; and any other information or factors that may be considered in the award decision. Such factors may include: past performance; special features required for effective program performance; trade-in considerations; probable life of the item selected as compared with that of a comparable item; warranty considerations; maintenance availability; and environmental and energy efficiency considerations.

The response to the combined synopsis/solicitation is due no later than August 26, 2019 at 12:30 P.M. Eastern Standard Time (EST). Proposal submitted after the deadline may not be considered.

The response must be submitted in a “read-only” electronic format to the Contract Specialist Anna Chiang at anna.chiang@nih.gov and Contracting Officer, Andrew Hotaling at andrew.hotaling@nih.gov. In the response, Offerors shall cite the RFQ number 75N95019Q00312 and the name of firm in the subject line of email submittal. Fax responses will not be accepted.

In addition the Dun & Bradstreet Number (DUNS), the Taxpayer Identification Number (TIN), and the certification of business size must be included in the response. All offerors must have an active registration in the System for Award Management (SAM) www.sam.gov.

Request for additional information and clarification may be sent to Contract Specialist, Anna Chiang at anna.chiang@nih.gov on or before August 26, 2019 at at 12:30 P.M EST.

mailto:anna.chiang@nih.gov mailto:andrew.hotaling@nih.gov http://www.sam.gov/ mailto:anna.chiang@nih.gov

Version 11-30-2016-1 FAR Part 11—Describing Agency Needs

PURCHASE DESCRIPTION

1. Statement of Need and Purpose:

The NIDA IRP Confocal and Electron Microscopy Core (CEMC) requires an upgrade on the Zeiss Sigma VP scanning electron microscopy (SEM). This purchase seeks to add a focal charge compensator (FCC) as an extension to the SEM’s currently installed Gatan 3View2 system. The FCC is a dynamically retractable focal gas injector for charge compensation on a Gatan 3View2 system. Traditionally, monolayers of cell in culture and tissue samples with a lot of open resin are problematic for serial block face imaging. Negative surface charging resulted in samples with dark streaks and black regions; image jiffer between cuts; intolerable image distortions; and increased specimen beam damage. The FCC upgrade will eliminate charging artifacts and improve signal-to-noise ratio (SNR) for high resolution three-dimensional (3D) block face imaging of biological samples. With 3D reconstructions of cellular components from rodent brain tissue in drug addiction animal models, NIDA IRP Investigators can better understand neuronal network mechanisms critical for drug addiction and treatment.

2. Background Information and Objective:

Brief History of the Requirement The NIDA IRP Confocal and Electron Microscopy Core (CEMC) currently uses the Zeiss SigmaVP field emission-scanning electron microscope (FE-SEM). It is installed with the Gatan 3View2 system and Gatan OnPoint backscattered electron (BSE) Detector for 3D block face imaging of biological samples, known as serial block-face scanning electron microscopy (SBEM).

The Gatan 3View is an ultramicrotome inside the ZEISS Sigma field emission scanning electron microscope (FE-SEM) chamber. The block sample is positioned directly under the SEM column.

After imaging the block face, the sample is moved up a very small step (15-100nm). The ultramicrotome knife cuts the top of the sample and retracts, exposing a new block face. Then the process repeats. The sample is continuously cut and imaged so thousands of serial 2D images can be produced in a single day. The sections are aligned because they are all generated from one fixed block and the data is reconstructed to a complete 3D volume.

Prior to imaging, specimens must be embedded in epoxy resin, which is nonconductive. When nonconductive specimens are imaged by SEM under high vacuum, some electrons that interact with the specimen cannot dissipate. Imaging with serial block face scanning electron microscopy is limited by specimen surface charging when biological samples are embedded in epoxy resin to facilitate cutting. Modest negative charging results in dark streaks and black regions of the sample containing bare resin. Severe charging increases image jitter between cuts, creates intolerable image distortions, and can lead to increased specimen beam damage. Currently, an in-chamber coating system is the only effective solution to eliminate specimen charging in charge-prone samples. High resolution is maintained by coating the block-face surface with a thin layer of metal between cutting cycles. This approach has a number of drawbacks, including an increased image acquisition time for the coating process between cuts, a slight reduction in signal to noise from the coating material itself, and the limited number of cutting, imaging, and coating cycles possible before replenishing the coating materials.

Importance of the Requirement This extension of the 3View system eliminates specimen charging without degrading image quality. A gas injection system consisting of a tiny capillary needle is precisely located above the sample. Nitrogen is guided through this needle directly onto the block face surface while the chamber is maintained under high vacuum. This needle retracts automatically during the cutting cycle so the workflow is uninterrupted and high acquisition rates are maintained.

Focal Charge Compensation (FCC) expands versatility and considerably increases data quality without prolonging acquisition times. It enables easy imaging of even the most charge prone

Attachment 1 samples. Resin embedded tissues and cells can be imaged without charging artifacts, while the pixel dwell time is reduced. Decreasing beam exposure time ensures fast acquisition rates and guards against sample damage. This is key to acquire reliable and reproducible 3D data.

FCC is one of the most effective means to mitigating block-face charging while maintaining high-resolution. The system is easy to install on existing SBEM platforms because it fits the limited clearance between the Gatan 3View ultramicrotome and Gatan On Point Back Scatter Electron (BSE) Detector in Zeiss SigmaVP FE-SEM. In this industry, FCC is considered inexpensive, extremely simple, reliable, does not increase image acquisition time, and does not negatively affect the stability or other SBEM operational aspects.

Overall Program Objectives The NIDA IRP Confocal and Electron Microscopy Core (CEMC) serves NIDA IRP researchers by providing access to existing and emerging techniques for neuronal ultrastructural analysis. Many areas of biomedical research value the increasing importance of 3D serial block face imaging.

NIDA IRP Investigators can better understand the mechanisms of neuronal networks critical for drug addiction and treament from 3D reconstructions of cellular components in neurons in culture and from rodent brain tissue from drug addition animal models.

3. Generic Name of Product: Focal Charge Compensator for Zeiss Sigma 300 System with Gatan 3View System

4. Type of Purchase Description X Brand-name or Equal

__ Brand-name Specific (Item peculiar to one manufacturer) (requires a sole-single source justification)

5. Purchase Description:

The Focal Charge Compensator is a mechanical device that enables small amounts of nitrogen gas to be locally injected above a biological sample, providing a very effective charge compensation method referred to as focal charge compensation (Focal CC). Focal CC introduces a gas in the immediate vicinity of the block-face, which effectively eliminates specimen charging but still allows for high-resolution imaging of charge-prone samples.

A new SEM PC is required. The new software will allow end users to control the FCC’s gas flow.

An adjustable flow to apply the ideal amount via the FCC function is comparable to the volume slider on a PC, rather than a binary ON/OFF function.

6. Salient characteristics I. Focal Charge Compensation

• Nitrogen gas injection manifold

• Aligns with requisite cutting cycle of Gatan 3View

• Fits limited clearance between the Gatan 3View ultramicrotome and Gatan On Point Back

Scatter Electron (BSE) Detector in Zeiss SigmaVP FE-SEM (scanning electron microscope)

• Can be attached to components of the Gatan 3View ultramicrotome using existing screw holes that are normally used during initial system installation and alignment

• Focal charge compensator uses the normal motion of the Gatan 3View ultramicrotome to reposition the nozzle to the retracted state and includes a spring-driven mechanism to precisely reposition the nozzle above the sample after each 3View cut to provide charge compensation for the entire block-face area being imaged

• Operates under integrated gas injection software with the Gatan 3View in Zeiss SigmaVP FE- SEM (scanning electron microscope)

• Can reduce data acquisition time with serial block-face scanning electron microscopy (SBEM) by allowing for shorter pixel dwell times due to improved signal-to-noise ratio (SNR)

Focal CC components include:

• Rotating arm o Nozzle Rigid needle Ramped platform o Silicon tubing o Shoulder screw/bushing comprising primary bearing

• Adjustable tappet

• Mounting block o Adjustable stop o Extension spring

II. PC Upgrade

• A new SEM PC is required.

• Software will allow end user gas flow control of the Focal Charge Compensator in the Zeiss

SigmaVP FE-SEM with Gatan 3View system

7. Quantity:

Product ID Product Description Quantity

349561-9003-903 Upgrade Kit Focal Charge Compensator S300

1 PC

354935-9159-000 PC Upgrade Kit EVO10/15/18/25/Sigma Enhancer

1 PC

000000-5040-090 Electron Microscopy (EM) Labor

16 HR

410790-1001-000 1 Day Local On-Site EM Apps Training

1 PC

8. Warranty: The complete system (including electronics) will have a 12-month warranty.

9. Delivery Date: Delivery of the Focal Charge Compensation upgrade kit and PC Upgrade kit must be completed within 90 days after receipt of order to the following address:

Shiliang (Steven) Zhang, Ph.D.

Electron Microscopy Core National Institute on Drug Abuse National Institutes of Health

BRC B1A326

251 Bayview Blvd., Suite 200 Baltimore, MD 21224

Training on the Focal Charge Compensation device and software will follow directly after the install.

10. Period of Performance: n/a

11. Option(s): n/a

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.

As prescribed in 4.2105(a), insert the following provision:

REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES

OR EQUIPMENT (AUG 2019)

(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).

(End of provision)

Attachment 2

Invoice and Payment Provisions (2/2014) The following clause is applicable to all Purchase Orders, Task or Delivery Orders, and Blanket Purchase Agreement (BPA) Calls: Prompt Payment (Jul 2013) FAR 52.232-25. Highlights of this clause and NIH implementation requirements follow:

I Invoice Requirements A. An invoice is the Contractor's bill or written request for payment under the contract for supplies delivered or services performed. A proper invoice is an "Original" which must include the items listed in subdivisions 1 through 12, below, in addition to the requirements of FAR

32.9. If the invoice does not comply with these requirements, the Contractor will be notified of the defect within 7 days after the date the designated billing office received the invoice (3 days for meat, meat food products, or fish, and 5 days for perishable agricultural commodities, dairy products, edible fats or oils) with a statement of the reasons why it is not a proper invoice. (See exceptions under II., below.) Untimely notification will be taken into account in the computation of any interest penalty owed the Contractor.

1. Vendor/Contractor: Name, Address, Point of Contact for the invoice (Name, title, telephone number, e-mail and mailing address of point of contact).

2. Remit-to address (Name and complete mailing address to send payment).

3. Remittance name must match exactly with name on original order/contract. If the

Remittance name differs from the Legal Business Name, then both names must appear on the invoice.

4. Invoice date.

5. Unique invoice #s for all invoices per vendor regardless of site.

6. NBS document number formats must be included for awards created in the NBS: Contract

Number; Purchase Order Number; Task or Delivery Order Number and Source Award Number (e.g., Indefinite Delivery Contract number; General Services Administration number); or, BPA Call Number and BPA Parent Award Number.

7. Data Universal Numbering System (DUNS) or DUNS + 4 as registered in the Central Contractor Registration (CCR).

8. Federal Taxpayer Identification Number (TIN). In those exceptional cases where a contractor does not have a DUNS number or TIN, a Vendor Identification Number (VIN) must be referenced on the invoice. The VIN is the number that appears after the contractor’s name on the face page of the award document.

9. Identify that payment is to be made using a three-way match.

10. Description of supplies/services that match the description on the award, by line billed.*

11. Freight or delivery charge must be billed as shown on the award. If it is included in the item price do not bill it separately. If identified in the award as a separate line item, it must be billed separately.

12. Quantity, Unit of Measure, Unit Price, Extended Price of supplies delivered or services performed, as applicable, and that match the line items specified in the award.*

* NOTE: If your invoice must differ from the line items on the award, please contact the Contracting Officer before submitting the invoice. A modification to the order or contract may be needed before the invoice can be submitted and paid.

B. Shipping costs will be reimbursed only if authorized by the Contract/Purchase Order. If authorized, shipping costs must be itemized. Where shipping costs exceed $100, the invoice must be supported by a bill of lading or a paid carrier's receipt.

Attachment 3

C. Mail an original and 1 copy of the itemized invoice to:

National Institutes of Health Office of Financial Management, Commercial Accounts 2115 East Jefferson Street, Room 4B-432, MSC 8500

Bethesda, MD 20892-8500

For inquiries regarding payment call: (301) 496-6088

In order to facilitate the prompt payment of invoices, it is recommended that the vendor submit a photocopy of the invoice to the “Consignee” designated for the acquisition in blocks 6A – 6E of the face page of the Order/Award document.

II. Invoice Payment A. Except as indicated in paragraph B., below, the due date for making invoice payments by the designated payment office shall be the later of the following two events:

1. The 30th day after the designated billing office has received a proper invoice.

2. The 30th day after Government acceptance of supplies delivered or services performed.

B. The due date for making invoice payments for meat and meat food products, perishable agricultural commodities, dairy products, and edible fats or oils, shall be in accordance with the Prompt Payment Act, as amended.

III. Interest Penalties A. An interest penalty shall be paid automatically, if payment is not made by the due date and the conditions listed below are met, if applicable.

1. A proper invoice was received by the designated billing office.

2. A receiving report or other Government documentation authorizing payment was processed and there was no disagreement over quantity, quality, or contractor compliance with an term or condition.

3. In the case of a final invoice for any balance of funds due the contractor for supplies delivered or services performed, the amount was not subject to further settlement actions between the Government and the Contractor.

B. Determination of interest and penalties due will be made in accordance with the provisions of the Prompt Payment Act, as amended, the Contract Disputes Act, and regulations issued by the Office of Management and Budget.

IV. PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS, FAR 52.232-40 (December 2013)

a. Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.

b. The acceleration of payments under this clause does not provide any new rights under the prompt Payment Act.

c. Include the substance of this clause, include this paragraph c, in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.

(End of Clause)

CSS RFQ 08.21.19
Attachment 1-Purchase Description_FCC Upgrade
Attachment 2- FAR 52.204-24
Attachment 3- NIH Invoice and Payment Provisions (2-2014)
Invoice and Payment Provisions (2/2014)
IV. PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS, FAR 52.232-40 (December 2013)

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.

As prescribed in 4.2105(a), insert the following provision:

REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2019)

(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).

(End of provision)

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