A19-SOL-1605C4-25-Q-00047.pdf
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- Solicitation number
- 1605C425Q00047
About this file
This Request for Quotation (RFQ) seeks electrical wiring removal and installation services for the U.S. Department of Labor's Mine Safety and Health Administration (MSHA) Approval and Certification Center (A&CC) in Triadelphia, West Virginia. The contract is a total small business set-aside using Lowest Priced Technically Acceptable (LPTA) source selection procedures, with a firm fixed price award and a 45-day performance period after notice to proceed.
The scope of work involves removing existing electrical wiring, modifying and installing conduit and junction boxes, and installing/terminating/connecting new and legacy wiring for the Building 4 outside gallery motor. Contractors must provide all personnel, equipment, tools, materials, and services necessary to complete the project, following the detailed requirements in the Statement of Work. Quotes must be submitted via email to Ryan Proietto and Alicia Jackson by Thursday, July 17, 2025, at 10:00 am ET, with prices held firm for 90 days from the quote receipt date.
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REQUEST FOR QUOTATION
(THIS IS NOT AN ORDER)
THIS RFQ IS IS NOT A SMALL BUSINESS SET-ASIDE
15. DATE OF QUOTATION
16. SIGNER
a. NAME (Type or print)
c. TITLE (Type or print)
b. TELEPHONE
AREA CODE
NUMBER
STANDARD FORM 18 (REV. 6/1995)
Prescribed by GSA-FAR (48 CFR) 53.215-1(a)
AUTHORIZED FOR LOCAL REPRODUCTION
Previous edition not usable
8. TO:
b. COMPANYa. NAME
c. STREET ADDRESS
d. CITY e. STATE f. ZIP CODE
9. DESTINATION
a. NAME OF CONSIGNEE
b. STREET ADDRESS
d. STATE e. ZIP CODE
7. DELIVERY
FOB DESTINATION
OTHER
(See Schedule)
10. PLEASE FURNISH QUOTATIONS TO THE
ISSUING OFFICE IN BLOCK 5a ON OR BEFORE CLOSE OF BUSINESS (Date)
IMPORTANT: This is a request for information and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or service. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotation must be completed by the quoter.
11. SCHEDULE (Include applicable Federal, State and local taxes)
ITEM NUMBER
(a)
SUPPLIES/SERVICES
(b)
QUANTITY
(c)
UNIT
(d)
UNIT PRICE
(e)
AMOUNT
(f)
12. DISCOUNT FOR PROMPT PAYMENT
a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS
NUMBER PERCENTAGE
NOTE: Additional provisions and representations are are not attached.
13. NAME AND ADDRESS OF QUOTER
a. NAME OF QUOTER
b. STREET ADDRESS
c. COUNTY
d. CITY e. STATE f. ZIP CODE
14. SIGNATURE OF PERSON AUTHORIZED TO
SIGN QUOTATION
PAGE OF PAGES
1. REQUEST NUMBER 2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NUMBER 4. CERT. FOR NAT. DEF.
UNDER BDSA REG. 2
AND/OR DMS REG. 1
RATING
5a. ISSUED BY 6. DELIVER BY (Date)
NAME TELEPHONE NUMBER
AREA CODE NUMBER
c. CITY
5b. FOR INFORMATION CALL (NO COLLECT CALLS)
APPROVAL AND CERTIFICATION CENTER
765 TECHNOLOGY DRIVE
US Department of Labor Customer Acquisition Services 200 Constitution Ave, NW S-4307 Washington DC 20210
1645-OTS-25-NAT-00601605C4-25-Q-00047
Ryan Proietto
850-4431
US DEPARTMENT OF LABOR
26059
07/11/2025
07/17/2025 10:00 A.M. ET
45 Days After Notice to Proceed
TRIADELPHIA
WV
The U.S. Department of Labor (DOL), Office of the Senior Procurement
Executive (OSPE), on behalf of the Mine
Safety and Health Administration (MSHA), has a need for Electrical Wiring with
Removal and Installation at the Approval and Certification Center (A&CC) in
Triadelphia, West Virginia, in accordance with this Request for
Quotation (RFQ).
This RFQ will result in a single Firm
Fixed Price award. The Period of
Performance shall be 45 days After
Notice to Proceed.
Continued...
1 36
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGES
NAME OF OFFEROR OR CONTRACTOR
SUPPLIES/SERVICES
(B)
UNIT
(D)
UNIT PRICE
(E)
AMOUNT
(F)
OPTIONAL FORM 336 (4-86)
Sponsored by GSA FAR (48 CFR) 53.110
ITEM NO.
(A)
QUANTITY
(C)
NSN 7540-01-152-8067
1605C4-25-Q-00047
This is a Total Small Business Set-Aside.
Lowest Priced Technically Acceptable (LPTA) source selection procedures will be utilized.
Please read the RFQ in its entirety, including instructions for submitting a quote and the evaluation criteria the Government will use to make an award.
0001 The Contractor shall provide Electrical Wiring with Removal and Installation in accordance with the attached Statement of Work for the following location:
U.S. Department of Labor, Mine Safety and
Health Administration
Approval & Certification Center, Building 4
765 Technology Drive
Triadelphia, West Virginia 26059
CLIN Type: Firm Fixed Price
Product/Service Code: N059
Delivery: 45 Days After Notice to Proceed
1 - Statement of Work (SOW) 2 - Clauses 3 - Provisions 4 - Instructions to Offerors 5 - Evaluation Criteria
1 - Statement of Work (SOW)
PART 1
GENERAL INFORMATION
The Contractor shall provide all personnel, equipment, tools, materials, and services necessary to perform the requirements of the project as defined in this Statement of Work, except as specified in Part 3 as Government Furnished Property and Services. The Contractor shall perform to the standards in this contract.
1.0 Background Information
The mission of the Mine Safety and Health Administration (MSHA) is to administer the provisions of the Federal Mine Safety and Health Act of 1977 (Mine Act), the Miner Act of 2006, and to enforce compliance with mandatory safety and health standards as a means to eliminate fatal accidents; to reduce the frequency and severity of nonfatal accidents; to minimize health hazards; and to promote improved safety and health conditions in the Nation’s mines.
As a regulatory organization, MSHA’s jurisdiction includes the Nation’s mining industry, which consists of coal, metal, and nonmetal mines, including both underground and surface operations.
Just as mining is essential to the American economy, a safe and healthy mining workforce is essential to the mining industry as a whole. The mining environment is inherently hazardous. Unseen geologic instabilities, constantly changing terrain, the prevalence of large and complex haulage and mining equipment are only a few of the factors that make maintaining mine safety a continuing challenge.
To meet this challenge and accomplish its mission of protecting the safety and health of the Nation’s miners, MSHA develops and enforces safety and health rules applying to all U.S. mines, fosters compliance, and makes available technical, educational, and other types of assistance. More specifically, MSHA conducts mine inspections; investigates mine accidents, fatalities, discrimination accusations, hazardous conditions complaints, and other potential violations; issues citations and collects financial penalties; develops improved safety and health standards and policies; evaluates and approves mine plans as well as some equipment and materials used in mines; provides mine emergency response capabilities; trains and certifies mine safety and health professionals; and develops and delivers education and training programs and materials.
MSHA’s Approval and Certification Center (A&CC), located in Triadelphia, West Virginia, consists of 96 acres of property and numerous buildings that house laboratories, offices, and storage. The A&CC approves and certifies certain mining products for use in underground coal and gassy underground metal mines. Technical experts evaluate and test equipment, instruments, and materials for compliance with Federal Regulations. Products evaluated and tested range from extremely small electronic devices to very large mining systems. Following successful completion of evaluation and testing of a product, a license is issued authorizing a manufacturer to produce and distribute products for use in mines.
The MSHA approval issued by the Center is internationally recognized.
The Center performs other technical functions in support of MSHA's programs, including investigations of safety and health concerns relating to product approvals; litigation assistance on issues involving approved products; accident investigation assistance when an explosion, fire, injury or fatality involves or may involve approved equipment; identification of the need for technical solutions to problems in application of mining equipment, materials, and explosives; technical assistance in developing new or revised Federal standards and regulations; and research assistance to other Government agencies on research programs that directly relate to MSHA.
The Center also provides engineering support and technical assistance in the area of industrial safety.
1.1 Objectives
The A&CC of the MSHA is procuring replacement of electrical wiring used to power the Building 4 outside gallery motor. This will require removing existing wiring and modifying/installing additional conduit and junction boxes and installing/terminating/connecting new/legacy wire per this SOW.
1.2 Scope
Handwritten gallery motor wiring and conduit modifications as described in Part 4 and shown in the attached Gallery Drawings & Photos.pdf specify requirements to complete the work. In your proposal, please specify the supplies to be used for approval prior to purchase.
1.3 Period of Performance
The Period of Performance shall be 45 Days After Notice to Proceed.
1.4 Quality Assurance
Mechanical and Engineering Safety Division (MESD) personnel will observe Contractor work, and resolve any issues during installation of gallery modifications, including testing of completed work. MESD personnel will complete (and test) low voltage instrumentation terminations/connections to gallery via newly installed trays/conduit.
1.5 Points of Contact/Coordinators
Valinda A. Pfabe U.S. Department of Labor, MSHA Approval & Certification Center 765 Technology Drive Triadelphia, WV 26059 Telephone: (304) 547-2008 Email: pfabe.valinda@dol.gov
1.5.1 Contracting Officer's Representative
The Contracting Officer's Representative (COR) will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract: perform inspections necessary in connection with contract performance: maintain written and oral communications with the Contractor concerning technical aspects of the contract: issue written interpretations of technical requirements, including Government drawings, designs, specifications: monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies; coordinate availability of Government Furnished Property, and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially about changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the contract.
1.6 Recognized Holidays
The Government hereby provides NOTICE and Contractor hereby acknowledges receipt that Government personnel observe the listed days as holidays:
New Year’s Day Martin Luther King, Jr.’s Birthday Presidents Day Memorial Day Juneteenth National Independence Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas Inauguration Day (when applicable)
1.7 Hours of Operation
Monday through Friday, 8:00 am to 4:00 pm.
1.8 Place of Performance
A&CC, Building 4 is located at 596 Technology Drive, Triadelphia WV 26059.
1.9 Type of Contract
This is a Firm Fixed Price contract.
1.10 Ownership
All deliverables developed under the Statement of Work are the property of the U.S. Government/MSHA.
1.11 Commitment to Protect Sensitive Information
The Contractor shall not release, publish, or disclose information to unauthorized personnel.
1.12 Travel
As Determined.
1.13 Final Inspection
A final inspection/test of all work performed, and all other deliverables as specified in this Statement of Work shall be conducted at the place of delivery. Such inspections/tests shall occur the same day as the service to ensure the system is operating as required. Any deliverables that are not acceptable shall be rejected by the COR. The Contractor shall be required to revise such deliverables if they are incorrect or unacceptable. The Contractor will have 10 days to revise any unacceptable deliverables unless they acquire prior approval from the Government.
In the event the Contractor encounters difficulty in either meeting performance requirements, anticipates difficulty in complying with the contract delivery schedule or date, or has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this contract, the Contractor shall immediately notify the COR in writing, providing pertinent details. This shall not be misconstrued as a waiver by the Government of any delivery schedule or date or of any rights or remedies provided by law under this contract.
PART 2
DEFINITIONS & ACRONYMS
ASTM - American Society of Testing Materials
CFR - Code of Federal Regulations
CO - Contracting Officer
COR - Contracting Officer’s Representative: A representative from the requiring activity assigned by the Contracting Officer to perform surveillance and to act as liaison to the Contractor.
Defective Service - A service output that does not meet the standard of performance specified in the Statement of Work.
DOL - United States Department of Labor
EPA - United States Environmental Protection Agency
FAR - Federal Acquisition Regulation
MNM - Metal/Nonmetal
MSHA - Mine Safety and Health Administration
NIOSH - National Institute of Occupational Safety and Health
PSHTC - Pittsburgh Safety and Health Technology Center
Quality Control - Those actions taken by a Contractor to control the performance of services so that they meet the requirements of the Statement of Work.
Quality Assurance - Those actions taken by the Government to assure services meet the requirements of the Statement of Work.
SF - Standard Form
SOW - Statement of Work
SRM - Standard Reference Material
PART 3
GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES
3.0 Government Furnished Property and Services:
3.1 Information Sources
Knowledgeable MSHA personnel will be made available to assist Contractor personnel in obtaining information pertinent to this Statement of Work and Part 5 requirements.
3.2 Facilities, Supplies, and Services
Electrical service and a supply of domestic water/sewer will be provided by the Government at the location where the work will be performed.
PART 4
SPECIFIC TASKS
The following is the set of tasks required under this contract. The method(s) used for this determination shall be specified in the Contractor’s proposal. NOTE: (items in parentheses below correspond to drawings attached in Gallery Drawings & Photos.pdf)
1) Contractor Tasks, Part 1 - Removal:
A. Pull out/remove existing 500mcm wire from Disconnect (L) to location of new Junction Box (C) where new homerun 500mcm wire will be pulled/terminated/connected, from Disconnect (L) to Junction Box (D) via Legacy Conduit and new Conduit (A).
B. Pull out existing 500mcm wire from point of interception at (C) to outside entry to underground conduit (where (H) junction/pull box will be added) and cap the abandon underground 500mcm wire section.
C. Disconnect 500mcm and #12 wire at Junction (D) and remove to ground, capping abandon underground conduit. Abandon underground portion of 500mcm and #12.
D. Disconnect two #12 wires at Junction (F) and pull to entry to underground conduit (abandon in underground portion).
E. Intercept and reuse existing conduit from (L) at installation point and attach to new Junction Box (C).
F. Disconnect 16 #12 wires from (L) at Junction (F), temporarily pull past interception points (a)(C) to facilitate Junction (C) installation. Modify or remove conduit section (E) as required and re-install/re-terminate/connect #12 wires in Junction (F).
G. Remove conduit, fittings, access/outlet bodies, etc. (2-4”, 3-1”) at low wall penetrations (to ground) to facilitate exterior accessible wire tray/channel (H) installation.
2) Contractor Tasks, Part 2 - Installation:
A. Install Junction box (C) west wall, high gallery control “RM 2”.
I. Penetration through the wall for outdoor 4” and 1” conduits. Weatherproof all wall penetrations after installation.
II. Connect Junction (C) to existing conduit to disconnect (L).
III. Connect Junction (C) via existing conduit section (E) to Junction (F) or add new conduit (C) to (F).
B. Install from Junction box (C) to motor Junction (D) 4” rigid galvanized conduit high west wall and across and down to (D) – Conduit (A).
C. Install from (C) to motor Junction (D) 1” rigid galvanized conduit high west wall, and across and down to (D) (parallel to item (2)(B)) – Conduit (B).
D. Install Galvanized Uni-Strut Rack (A) at a convenient point near the motor (outside of safe travel path) to support conduit ((2)(B) and (C)) between exterior west wall and motor.
E. Pull two (2) 500mcm wires from Disconnect (L), through existing overhead conduit, through Junction (C), and out 4” Conduit (A) to motor Junction (D), and terminate/connect at Junctions (L) and (D).
F. Pull two (2) #12AWG wires from Junction (F) through (E), to (C) and out 1” Conduit (B) to Junction (D). Terminate/connect both ends.
G. Pull existing #12AWG (16 wires) from Disconnect (L) – temporarily pulled back per (2)(F) through Junction (C) to (F) via Conduit section (E) and re-terminate/connect.
H. Install at low wall penetrations accessible wire tray/channel (H), west exterior wall, and connect to existing wall penetrations.
I. Install accessible wire tray/channel (J) on outer west wall at same height as (H) and approximately in line with instrument Junction
(K) on Gallery Arch.
J. Connect Channels/Trays (J) and (H) with 4” rigid Conduit (I).
K. Cap/seal/plug any unused wall penetrations, junction openings, etc. as necessary to weatherproof. All outside conduit, wire channels/trays, and any items exposed to the elements are waterproof and sealed.
L. Work with MESD personnel to test/verify function (and troubleshoot as necessary) system function after installation.
NOTE: Contractor employees will be escorted and accompanied by Government provided personnel. Contractor personnel need to sign in/out when arriving/leaving Government property at the Building 1 reception area.
PART 5
APPLICABLE PUBLICATIONS
References, Laws, Regulations, and Policies
At a minimum, Contractor performance in accordance with the requirements herein shall fully comply with the following laws, regulations, policies and guidelines:
-Title III of the E-Government Act of 2002 — Federal Information Security Management Act (FISMA) -The Privacy Act of 1974, PL 93-579, as amended -OMB Circular A-123 Revised, Management's Responsibility for Internal Control, December 2004 -OMB Circular A-127, Financial Management Systems, July 23, 1993 -OMB Circular A-130, Appendix III, Security of Federal Automated Information Resources -Homeland Security Presidential Directive 12, Policies for a Common Identification Standard for Federal Employees and Contractors -Department of Labor, Computer Security Handbook (CSH)
-40 CFR, PART 136, APPENDIX B
-NIOSH Manual of Analytical Methods, 4th Edition, Methods 5040 and 7301 -OSHA Salt Lake City Technical Center Sampling and Analytical Methods, OSHA Method ID125G -National Electrical Code (NEC) and/or NFPA 70
2 - Clauses
FAR 52.204-19 Incorporation by Reference of Representations and Certifications. (DEC 2014)
FAR 52.212-4 Contract Terms and Conditions - Commercial Products and Commercial Services. (NOV 2023)
FAR 52.232-1 Payments. (APR 1984)
FAR 52.232-8 Discounts for Prompt Payment. (FEB 2002)
FAR 52.232-11 Extras. (APR 1984)
FAR 52.232-39 Unenforceability of Unauthorized Obligations. (JUN 2013)
FAR 52.242-17 Government Delay of Work. (APR 1984)
FAR 52.243-1 Changes - Fixed-Price. (AUG 1987)
DOLAR 2952.209-70 Organizational Conflict of Interest Clause-OCI-1 Exclusion From Future Agency Contracts. (DEC 2012)
FAR 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders - Commercial Products and Commercial Services. (JAN 2025)
(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: [Contracting Officer check as appropriate.]
[ ] (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.)
[ ] (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).
[ ] (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, Proposed for Debarment, or Voluntarily Excluded. (JAN 2025) (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.
[ ] (20) 52.219-8, Utilization of Small Business Concerns (JAN 2025) (15 U.S.C. 637(d)(2) and (3)).
[ ] (21)(i) 52.219-9, Small Business Subcontracting Plan (JAN 2025) (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 (JAN 2025) 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.
[ ] (23) 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).
[ ] (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, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (FEB 2024) (15 U.S.C. 657f).
[ ] (26)(i) 52.219-28, Postaward Small Business Program Rerepresentation (JAN 2025) (15 U.S.C. 632(a)(2)).
[ ] (ii) Alternate I (MAR 2020) of 52.219-28.
[ ] (27) 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)).
[ ] (28) 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)).
[ ] (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).
[ ] (30) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 637(a)(17)).
[ ] (31) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).
[ ] (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN 2025) (E.O. 13126).
[ ] (33) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
[ ] (34)(i) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).
[ ] (ii) Alternate I (FEB 1999) of 52.222-26.
[ ] (35)(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).
[ ] (ii) Alternate I (JULY 2014) of 52.222-35.
[ ] (36)(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.
[ ] (37) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).
[ ] (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.
13496).
[X] (39)(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).
[ ] (40) 52.222-54, Employment Eligibility Verification (JAN 2025) (Executive Order 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.)
[ ] (41)(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.)
[ ] (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (MAY 2024) (42 U.S.C. 7671, et seq.).
[ ] (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (MAY 2024) (42 U.S.C. 7671, et seq.).
[ ] (44) 52.223-20, Aerosols (MAY 2024) (42 U.S.C. 7671, et seq.).
[ ] (45) 52.223-21, Foams (MAY 2024) (42 U.S.C. 7671, et seq.).
[ ] (46) 52.223-23, Sustainable Products and Services (MAY 2024) (E.O. 14057, 7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).
[ ] (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 (NOV 2023) (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 (JAN 2025) of 52.225-3.
[ ] (iv) Alternate III (FEB 2024) of 52.225-3.
[ ] (v) Alternate IV (OCT 2022) of 52.225-3.
[ ] (50) 52.225-5, Trade Agreements (NOV 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
[ ] (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).
[ ] (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) (E.O. 13513).
[ ] (56) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).
[ ] (57) 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).
[ ] (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).
[ ] (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT 2018) (31 U.S.C.
3332).
[ ] (60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).
[ ] (61) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).
[ ] (62) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).
[ ] (63) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Nov 2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).
[ ] (64) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).
[ ] (65)(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: [Contracting Officer check as appropriate.]
[ ] (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).
[ ] (10) 52.247-69, Reporting Requirement for U.S.-Flag Air Carriers Regarding Training to Prevent Human Trafficking (JAN 2025) (49 U.S.C. 40118(g)).
(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) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712).
(iii) 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)).
(iv) 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).
(v) 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).
(vi) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).
(vii)(A) 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition. (DEC 2023) (Pub.
L. 115-390, title II).
(B) Alternate I (DEC 2023) of 52.204-30.
(viii) 52.219-8, Utilization of Small Business Concerns (JAN 2025) (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.
(ix) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
(x) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).
(xi) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).
(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).
(xiii) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).
(xiv) 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.
(xv) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).
(xvi) [ ] (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).
(xvii) 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).
(xviii) 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).
(xix) 52.222-54, Employment Eligibility Verification (JAN 2025) (E.O. 12989).
(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).
(xxi) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).
(xxii)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
(B) Alternate I (JAN 2017) of 52.224-3.
(xxiii) 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).
(xxiv) 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.
(xxv) 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.
(xxvi) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Nov 2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C.
3901 note prec.).
(xxvii) 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)
DOLAR 2952.201-70 Contracting Officer's Representative (COR) Clause. (SEP 2014)
(a) A Contracting Officer's Representative (COR) will be delegated upon award. A copy of the delegation memorandum will be provided to the COR and a delegation letter sent to the vendor.
(b) The COR is responsible as applicable for receiving all deliverables; inspecting and accepting the supplies or services provided hereunder in accordance with the terms and conditions of this contract; providing direction to the contractor which clarifies the contract effort, fills in details or otherwise serves to accomplish the contractual scope of work; evaluating performance; and certifying all invoices/vouchers for acceptance of the supplies or services furnished for payment.
(c) The COR does not have the authority to alter the contractor's obligations under the contract, and/or modify any of the expressed terms, conditions, specifications, or cost of the agreement. If, as a result of technical discussions, it is desirable to alter/change contractual obligations or the scope of work, the contracting officer must issue such changes.
(End of Clause)
DOLAR 2952.232-71 Submission of Invoices. (AUG 2019)
(a) Electronic Invoice Submittal Invoices for the services/goods provided under this award shall be submitted through the Department of Treasury's Invoice Processing Platform (IPP) or through the DOL Quickpay email system, as directed by the Contracting Officer. IPP is a Federal Government owned and operated website accessible to contractors free of charge.
Information about IPP, including enrollment instructions, are available and should be obtained by the enrolled contractors directly from the Department of Treasury after award at https://www.ipp.gov.
(1) The following instructions apply to Invoices submitted through IPP.Gov or the DOL Quickpay email system:
(i) IPP invoice attachments SHALL NOT exceed the size limit of 10 megabytes (MB) each. However, you may submit multiple attachments of less than 10MB each with the invoices.
(ii) DO NOT submit an invoice or attachment that uses shading or color.
(b) An emailed Portable Document Format (PDF) image cannot have any text that has a background with any color other than white. If the image has a shaded background, it will be converted to black, and the text will be illegible.
(c) An emailed Tagged Image File Format (TIFF) image must be black and white.
(1) Quickpay users SHALL provide a copy of the invoice and any attachments via email to the Contracting Officer's Representative (COR), at the address specified in the contract.
(2) Quickpay users SHALL NOT submit more than one attachment per invoice and the attachment shall not exceed 10MB. Any additional attachments will not be recognized.
(3) DO NOT submit more than one invoice at a time.
(4) DO NOT attempt to use the "Recall" or "Resend" email message features.
(d) Electronic invoices shall be in PDF or TIFF format.
(e) Paper Invoices shall be submitted via fax or U.S. mail paper invoices may be sent via fax to: (303) 231-5597. Mail paper invoices to: U.S. Department of Labor, MSHA Finance Branch, PO Box 25367, Denver, CO 80225.
(f) General Information.
Payment due date is to be calculated from the date the invoice is received in accordance with FAR 32.905 and the instructions above.
Inquiries regarding invoices must be emailed to invoiceinquiries.msh@dol.gov. The relevant invoice must be attached to the inquiry email and the subject line of the email must state "INQUIRY", as shown in the following example:
INQUIRY: Contractor Name, DOL Agency, Contract Number, BPA Call or Order Number, Invoice Number, Invoice Amount
The contractor SHALL NOT use the DOL electronic invoicing email address for inquiries about any invoice.
Questions:
All questions regarding Electronic Invoicing shall be sent to the DOL MSHA Finance Branch at invoiceinquiries.msh@dol.gov.
(End of Clause)
DOLAR 2952.242-70 Access to Contractor Business Systems. (APR 2019)
The contractor shall, upon request, provide to the Government, access to covered contractor systems associated with the execution and performance of this requirement to meet audits, reviews, security requirements, and Office of Inspector General requests.
DOLAR 2952.243-70 Contractor's Obligation To Notify the Contracting Officer of a Request to Change the Contract Scope (Contractor's Obligation Clause). (JAN 2012)
(a) Except for changes identified in writing and signed by the contracting officer, the contractor is required to notify, within 5 working days of receipt or knowledge, any request for changes to this contract (including actions, inactions, and written or oral communications) that the contractor regards as exceeding the scope of the contract. On the basis of the most accurate information available to the contractor, the notice shall state:
(1) The date, nature, and circumstances of the conduct regarded as a change in scope;
(2) The name, function, and activity of each Government employee and contractor official or employee involved in, or knowledgeable about, such conduct; and
(3) The identification of any documents and substance of any oral communication involved in such conduct.
(b) Following submission of this notice, the contractor shall continue performance in accordance with the contract terms and conditions, unless notified otherwise by the contracting officer.
(c) The contracting officer shall promptly, within 5 business days after receipt of notice from the contractor, respond to the notice in writing. In responding, the contracting officer shall either:
(1) Confirm that the contractor's notice identifies a change in the scope of the contract and directs the contractor to stop work, completely or in part, in accordance with the Stop Work provisions of the contract;
(2) Deny that the contractor's notice identifies a change in scope and instruct the contractor to continue performance under the contract; or
(3) In the event the contractor's notice does not provide sufficient information to make a decision, advise the contractor what additional information is required, and establish the date by which it should be furnished and the date thereafter by which the Government will respond.
3 - Provisions
FAR 52.204-22 Alternative Line Item Proposal. (JAN 2017)
FAR 52.204-26 Covered Telecommunications Equipment or Services-Representation. (OCT 2020)
FAR 52.209-2 Prohibition on Contracting With Inverted Domestic Corporations-Representation. (NOV 2015)
FAR 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. (FEB 2016)
FAR 52.212-1 Instructions to Offerors - Commercial Products and Commercial Services. (SEP 2023)
FAR 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran- Representation and Certifications. (JUN 2020)
FAR 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 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…
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