A21 - (A) Combined Synopsis-Solicitation - MERRITT ENGINE OVERHAUL - W912PM26QA008 - Final.pdf
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This is a Combined Synopsis/Solicitation for a U.S. Army Corps of Engineers contract to perform an in-frame top-end overhaul of two Caterpillar 3406 main engines (serial numbers 9WR01842 and 9WR01840) for the Dredge Merritt located in Manns Harbor, Dare County, North Carolina. The solicitation is a small business set-aside Request for Quote (RFQ) under NAICS code 336611 with a size standard of 1,300 employees, issued on 19 November 2025 with a total performance period of 180 calendar days from the date of award.
Key details include submission of both technical and price quotes electronically by 2:00 PM ET on 02 December 2025, with questions due by 4:00 PM ET on 25 November 2025. The contract will be awarded to the lowest-priced technically acceptable offeror, with a firm fixed price for the engine overhaul and associated travel/per diem. Contractors must be registered in the System for Award Management (SAM), comply with cybersecurity requirements (Cybersecurity Maturity Model Certification Level 1), and have a Caterpillar Trained and Certified Marine Diesel Power Technician available to perform the work. The Service Contract Act Wage Determination 2015-4407 Rev. 31 for Dare County, NC will apply.
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Combined Synopsis/Solicitation – MERRITT ENGINE OVERHAUL, MANNS HARBOR, DARE COUNTY, NC
Solicitation No. W912PM26QA008. This solicitation is issued as an RFQ.
Date of Issue: 19 November 2025
This is a combined synopsis/solicitation for the acquisition of commercial items prepared in accordance with the format in 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; quotations are being requested and a separate written solicitation will not be issued.
This solicitation is being issued under the authority of FAR Part 13 Simplified Acquisition Procedures. This combined synopsis/solicitation is being issued as a small business set-aside.
This solicitation is a Request for Quote (RFQ). This solicitation document incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2025-06 effective October 01, 2025. The associated North American Industry Classification System (NAICS) code for this procurement is 336611 with a size standard of 1,300 employees.
The U.S. Army Corps of Engineers, Wilmington District needs a contractor to provide all personnel, labor, materials, parts, tools (standard and special), test equipment, test fittings, supplies, consumables, and equipment required to accomplish tasking in accordance with services to perform an in-frame top-end overhaul on Caterpillar Engine serial numbers 9WR01842 and 9WR01840. for the U.S. Army Corps of Engineers, Wilmington District, Dredge Merritt.
The resulting award issued from this request will result in one award. Service Contract Act Wage Determination 2015-4407 Rev. 31 dated 07-08-2025 for Dare County, NC will apply. The Offeror is responsible for referring to the wage determination and applying it as applicable.
The following documents have been provided:
A21 - (A) Combined Synopsis-Solicitation – MERRITT ENGINE OVERHAUL - W912PM26QA008 – Final
A21 - (B) A21 - SOW_ME_ENGINE-REBUILD_11-17-2025
A21 - (C) A21 - WD 2015-4407, Rev 31, Dated 07-08-2025
QUESTIONS ARE DUE NOT LATER THAN 4:00 PM, ET, 25 November 2025.
QUOTES ARE DUE NOT LATER THAN 2:00 PM, ET, 02 December 2025.
SUBMIT QUESTIONS & QUOTES ELECTRONICALLY via email to BOTH diana.d.curl@usace.army.mil and rosalind.m.shoemaker@usace.army.mil. It is your responsibility to follow up and ensure quotes have been received by the Contract Specialist prior to the due date and time for quotes.
INSTRUCTIONS
Please read the instructions and all solicitation documents very carefully before submitting your bids.
All Quote Submission Packages must include the following items:
• Signed Offer as well as signed amendments if issued.
• Technical Proposal per clause 52.212-2 of the solicitation:
mailto:diana.d.curl@usace.army.mil mailto:rosalind.m.shoemaker@usace.army.mil
CYBERSECURITY: THIS PROJECT IS SUBJECT TO THE CYBERSECURITY MATURITY MODEL
CERTIFICATION REQUIREMENTS LEVEL 1 PER DFARS 252.204-7021 AND 252.204-7025.
OFFERORS MUST BE REGISTERED AND HAVE, AT A MINIMUM, THE REQUISITE
CERTIFICATION WITHIN THE SUPPLIER PERFORMANCE RISK SYSTEM (SPRS) TO BE
ELIGIBLE FOR CONTRACT AWARD. PLEASE NOTE, THIS IS A NEW REQUIREMENT FOR DOD
CONTRACTS AS OF 10 NOVEMBER 2025. SEE SOLICITATION PROVISION 252.204-7025 ON THE
REGISTRATION REQUIREMENT. YOUR REGISTRATION MUST BE ACTIVE BEFORE A
CONTRACT AWARD CAN BE MADE.
Evaluation of Award: 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. Issuance of award will be made to the lowest price offeror that is technically acceptable.
Price Quote and Technical Proposal: Each offeror must submit both a Price Quote of each line item and a Technical Proposal via email. The technical proposal shall include information that clearly demonstrates the ability to meet all requirements set out in the Statement of Work (SOW). The Contractor shall include the technical information that is listed in provision 52.212-2 within the solicitation for submittal requirements. No hard copies will be accepted or evaluated. Both the Price Quote and Technical Proposal must be received by the closing date and time set forth within the solicitation. In an effort to reduce paper and cost, all quotes shall be submitted electronically. All submissions shall be in Adobe PDF format and shall be on 8 ½ x 11 size pages in no less than 10 pitch or 10 fonts. Offerors may use compression utility software such as WinZip or PKZip to reduce fie size and facilitate electronic transmission.
Title your file(s) in the following format:
W912PM26QA008_COMPANY NAME_PRICING
W912PM26QA008_COMPANY NAME_TECHNICAL
SAM Registration: Each prospective awardee shall be registered and be active in the System for Award Management (SAM) database prior to award. If the Offeror does not become registered to receive contracts with an active Cage Code and show as active to receive contract awards in the SAM database in the time prescribed by the Contracting Officer (NLT due date/time of solicitation), the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the Internet at https://www.sam.gov/portal/public/SAM/ or by calling 866-606-8220, Monday – Friday from 8am – 8pm EST. On-line Representations and Certifications may also be filled out at this website.
The Government reserves the right to cancel this solicitation.
This announcement and written Request for Quote constitutes the only “Request for Quote” that will be made for this requirement.
https://www.sam.gov/portal/public/SAM/
INSTRUCTIONS CONTINUED
OFFEROR TO COMPLETE BLOCKS 3, 6, 7, 9, 10, and 11 below as well as pricing on page 5.
1. Issued By:
U.S. ARMY CORPS OF ENGINEERS
Attn: Rosalind Shoemaker and Diana Curl
69 Darlington Avenue
Wilmington, North Carolina 28403-1343
2. This Acquisition is a small business set-aside under NAICS Code 336611, size standard of 1,300 employees.
3. Discount Terms:
4. Method of Solicitation: RFQ
5. The Solicitation incorporates by reference FAR 52.212-1, 52.212-3, 52.212-4, and 52.212.5. Addenda are attached.
6. Contractor/Offeror:
COMPANY NAME:
COMPANY POC:
ADDRESS:
PHONE:
CAGE: UNIQUE ENTITY ID:
7. Total Price Base and All Option Years:
8. The Contractor Is Required To Sign This Document And Return 1 Copy The Issuing Office. The Contractor Agrees To Furnish And Deliver All Items Set Fort Or Otherwise Identified Above And On Any Additional Sheets Subject To The Terms And Conditions Specified Herein.
9. Signature of Offeror/Contractor:
10. Name and Title of Signer (Type or Print)
11. Date Signed:
Continuation of Supplies or Services and Prices/Costs
Additional Information/Notes
Item Supplies/Service Quantity Unit Unit Price
Amount
TOP-END IN-FRAME
OVERHAUL
(1) Caterpillar CAT 3406 Main Engines serial #
9WR01842
Product Service Code: J020 Claimant Program Code: S1 Pricing Arrangement: Firm Fixed Price
1 Job
TOP-END IN-FRAME
OVERHAUL
(1) Caterpillar CAT 3406 Main Engines serial #
9WR01840
Product Service Code: J020 Claimant Program Code: S1 Pricing Arrangement: Firm Fixed Price
1 Job
TRAVEL & PER DIEM
Product Service Code: V212 Claimant Program Code: S1 Pricing Arrangement: Firm Fixed Price
2 Each
W912PM26QA008
Continuation of Inspection and Acceptance
Overall Contract Inspection/Acceptance Locations
Inspection and Acceptance Location
Both Destination Instructions: In accordance with the Statement of Work.
DoDAAC: W912PM CountryCode: USA
W074 ENDIST WILMINGTON
KO CONTRACTING DIVISION, 69 DARLINGTON AVENUE
WILMINGTON, NC 28403-1343
UNITED STATES
Stephen Capps Email: stephen.m.capps@usace.army.mi Telephone: 910-251-4979
Both Destination Instructions: In accordance with the Statement of Work.
DoDAAC: W912PM CountryCode: USA
W074 ENDIST WILMINGTON
KO CONTRACTING DIVISION, 69 DARLINGTON AVENUE
WILMINGTON, NC 28403-1343
UNITED STATES
Stephen Capps Email: stephen.m.capps@usace.army.mi Telephone: 910-251-4979
Both Destination Instructions: In accordance with the Statement of Work.
DoDAAC: W912PM CountryCode: USA
W074 ENDIST WILMINGTON
KO CONTRACTING DIVISION, 69 DARLINGTON AVENUE
WILMINGTON, NC 28403-1343
UNITED STATES
Stephen Capps Email: stephen.m.capps@usace.army.mi Telephone: 910-251-4979 mailto:stephen.m.capps@usace.army.mi mailto:stephen.m.capps@usace.army.mi mailto:stephen.m.capps@usace.army.mi
Continuation of Deliveries or Performance
Line Item Delivery Schedule Quantity Address and POC
Delivery Schedule From date of lead time event to completion of performance 180 Calendar Days Date of Award
1 Job Place of Performance DoDAAC: W912PM CountryCode: USA
W074 ENDIST WILMINGTON
KO CONTRACTING DIVISION, 69 DARLINGTON
AVENUE
WILMINGTON, NC 28403-1343
UNITED STATES
STEPHEN MI CAPPS, DELIVER_TO_EMP_ID_NO
Email: stephen.m.capps@usace.army.mil
From date of lead time event to completion of performance 180 Calendar Days Date of Award
1 Job Place of Performance DoDAAC: W912PM CountryCode: USA
W074 ENDIST WILMINGTON
KO CONTRACTING DIVISION, 69 DARLINGTON
AVENUE
WILMINGTON, NC 28403-1343
UNITED STATES
STEPHEN MI CAPPS, DELIVER_TO_EMP_ID_NO
Email: stephen.m.capps@usace.army.mil
From date of lead time event to completion of performance 180 Calendar Days Date of Award
2 Each Place of Performance DoDAAC: W912PM CountryCode: USA
W074 ENDIST WILMINGTON
KO CONTRACTING DIVISION, 69 DARLINGTON
AVENUE
WILMINGTON, NC 28403-1343
UNITED STATES
STEPHEN MI CAPPS, DELIVER_TO_EMP_ID_NO
Email: stephen.m.capps@usace.army.mil mailto:stephen.m.capps@usace.army.mil mailto:stephen.m.capps@usace.army.mil mailto:stephen.m.capps@usace.army.mil
Contract Clauses FAR Clauses Incorporated by Reference
Number Title Effective Date
Alternate/ Deviation
52.204-13 System for Award Management Maintenance. Oct 2018 52.204-18 Commercial and Government Entity Code Maintenance. Aug 2020 52.204-21 Basic Safeguarding of Covered Contractor Information Systems. Nov 2021 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services. Nov 2023 52.219-6 Notice of Total Small Business Set-Aside. Nov 2020 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving. May 2024
DFARS Clauses Incorporated by Reference
Variation Effective
252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting.
(DEVIATION 2024-O0013 REVISION 1) May 2024 Deviation 2024-O0013 May 2024
252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services. Jan 2023
252.204-7020 NIST SP 800-171 DoD Assessment Requirements. Nov 2023 252.223-7008 Prohibition of Hexavalent Chromium. Jan 2023 252.225-7001 Buy American and Balance of Payments Program. Feb 2024 252.225-7012 Preference for Certain Domestic Commodities. Apr 2022 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime. Jan 2023 252 225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Jun 2023 Region.
252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018 252.232-7010 Levies on Contract Payments. Dec 2006 252.244-7000 Subcontracts for Commercial Products or Commercial Services. Nov 2023 252.246-7003 Notification of Potential Safety Issues. Jan 2023 252.247-7023 Transportation of Supplies by Sea. Oct 2024
DFARS Clauses Incorporated by Full Text
252.204-7021 Contractor Compliance with the Cybersecurity Maturity Model Certification Level Requirement. (Jan 2023)
CONTRACTOR COMPLIANCE WITH THE CYBERSECURITY MATURITY MODEL CERTIFICATION LEVEL REQUIREMENT (JAN 2023)
(a) Scope. The Cybersecurity Maturity Model Certification (CMMC) CMMC is a framework that measures a contractor's cybersecurity maturity to include the implementation of cybersecurity practices and institutionalization of processes (see https://www.acq.osd.mil/cmmc/index.html).
(b) Requirements. The Contractor shall have a current (i.e. not older than 3 years) CMMC certificate at the CMMC level required by this contract and maintain the CMMC certificate at the required level for the duration of the contract.
(c) Subcontracts. The Contractor shall-
(1) Insert the substance of this clause, including this paragraph (c), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products or commercial services, excluding commercially available off-the-shelf items; and
(2) Prior to awarding to a subcontractor, ensure that the subcontractor has a current (i.e., not older than 3 years) CMMC certificate at the CMMC level that is appropriate for the information that is being flowed down to the subcontractor.
(End of clause)
Number Title Effective Date
Alternate/ Deviation
252.203-7000 Requirements Relating to Compensation of Former DoD Officials. Sep 2011 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. Dec 2022 http://www.acq.osd.mil/cmmc/index.html)
Contract Terms and Conditions Required To Implement Statutes or Executive Orders — Commercial Products and Commercial Services FAR Clauses Incorporated by Full Text
52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Products and Commercial Services.
(DEVIATION 2025-O0003 and 2025-O0004)
(Oct 2025) Deviation 2025-O0004 (Mar 2025)
Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services (MAR 2025) (DEVIATION 2025-O0003 and 2025-O0004)
(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) X 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) X 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) X 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) X 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) X 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) X 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) [Reserved]
(34) [Reserved]
(35)
(i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).
(ii) Alternate I (Jul 2014) of 52.222-35.
(36)
(i) X 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).
(ii) Alternate I (Jul 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).
(39)
(i) X 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) X 52.223-23, Sustainable Products and Services (MAR 2025) (DEVIATION 2025-O0004)) (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. 552 a).
(ii) Alternate I (Jan 2017) of 52.224-3.
(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) X 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) X 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) X 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) (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) X 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) X 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).
(2) X 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) ( 29U.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) X 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).
(8) X 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) [Reserved]
(x) [Reserved]
(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)
Addendum to Contract Clauses
Alternate/ Deviation
52.204-19 Incorporation by Reference of Representations and Certifications. Dec 2014 52.223-2 Reporting of Biobased Products Under Service and Construction Contracts. May 2024 52.226-7 Drug-Free Workplace. May 2024 52.232-1 Payments. Apr 1984 52.232-8 Discounts for Prompt Payment. Feb 2002 52.232-11 Extras. Apr 1984 52.232-23 Assignment of Claims. May 2014 52.232-39 Unenforceability of Unauthorized Obligations. Jun 2013 52.233-1 Disputes. May 2014 52.237-2 Protection of Government Buildings, Equipment, and Vegetation. Apr 1984 52.242-15 Stop-Work Order. Aug 1989 52.243-1 Changes-Fixed-Price. (Alternate I) Aug 1987 Alternate I 52.246-1 Contractor Inspection Requirements. Apr 1984
52.212-2 Evaluation-Commercial Products and Commercial Services. (Nov 2021)
Evaluation-Commercial Products and Commercial Services (Nov 2021)
Apr 1984
(a) 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. Award shall be made to the lowest priced offer that is technically acceptable.
The Government intends to evaluate offers and award a contract without discussions with Offerors. Therefore, the Offeror's initial offer should contain the Offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.
This solicitation shall be evaluated by awarding to the quote that is lowest price and technically acceptable. Quotes will be evaluated using informal source selection procedures.
TECHNICAL FACTOR:
Evaluation - Each item in the Technical Requirements Table (see below) will receive one of the adjectival ratings defined below. Any criterion that receives "U" rating will result in an overall unacceptable rating for the factor and are not eligible for award.
ADJECTIVAL RATING
DEFINITION
Acceptable (A)
Quote clearly meets the minimum requirements of the solicitation.
Unacceptable (U)
Quote does not clearly meet the minimum requirements of the solicitation.
TECHNICAL CRITERIA REQUIREMENTS.
TO BE CONSIDERED AS ACCEPTABLE:
A or U
The offeror is registered and has no active or inactive exclusions listed in their Entity Record on the
System for Award Management (SAM).
Offeror is to provide proof at the time of offer that a CATERPILLAR Trained and Certified Marine
Diesel Power Technician is available to perform the work.
(b) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
(End of provision)
52.246-20 Warranty of Services. (May 2001)
Warranty of Services (May 2001)
(a) Definition."Acceptance," as used in this clause, means the act of an authorized representative of the Government by which the Government assumes for itself, or as an agent of another, ownership of existing and identified supplies, or approves specific services, as partial or complete performance of the contract.
(b) Notwithstanding inspection and acceptance by the Government or any provision concerning the conclusiveness thereof, the Contractor warrants that all services performed under this contract will, at the time of acceptance, be free from defects in workmanship and conform to the requirements of this contract. The Contracting Officer shall give written notice of any defect or nonconformance to the Contractor within 45 days from the date of acceptance by the Government. This notice shall state either-
(1) That the Contractor shall correct or reperform any defective or nonconforming services; or
(2) That the Government does not require correction or reperformance.
(c) If the Contractor is required to correct or reperform, it shall be at no cost to the Government, and any services corrected or reperformed by the Contractor shall be subject to this clause to the same extent as work initially performed. If the Contractor fails or refuses to correct or reperform, the Contracting Officer may, by contract or otherwise, correct or replace with similar services and charge to the Contractor the cost occasioned to the Government thereby, or make an equitable adjustment in the contract price.
(d) If the Government does not require correction or reperformance, the Contracting Officer shall make an equitable adjustment in the contract price.
52.252-2 Clauses Incorporated by Reference. (Feb 1998)
Clauses Incorporated By Reference (Feb 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
https://www.acquisition.gov/far https://www.acquisition.gov/dfars
52.252-6 Authorized Deviations in Clauses. (Nov 2020)
Authorized Deviations in Clauses (Nov 2020)
(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.
(b) The use in this solicitation or contract of any FAR and DFARS (48 CFR Chapter 1 and 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information. Jan 2023
Deviation 2024-O0014 Aug 2024
252.223-7001 Hazard Warning Labels. (Dec 1991)
HAZARD WARNING LABELS (DEC 1991)
(a) "Hazardous material," as used in this clause, is defined in the Hazardous Material Identification and Material Safety Data clause of this contract.
(b) The Contractor shall label the item package (unit container) of any hazardous material to be delivered under this contract in accordance with the Hazard Communication Standard (29 CFR 1910.1200 et seq). The Standard requires that the hazard warning label conform to the requirements of the standard unless the material is otherwise subject to the labelling requirements of one of the following statutes:
(1) Federal Insecticide, Fungicide and Rodenticide Act;
(2) Federal Food, Drug and Cosmetics Act;
(3) Consumer Product Safety Act;
(4) Federal Hazardous Substances Act; or
(5) Federal Alcohol Administration Act.
Number Title Effective Date
Alternate/ Deviation
252.204-7000 Disclosure of Information. Oct 2016 252.204-7003 Control of Government Personnel Work Product. Apr 1992
252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials. Sep 2014
252.225-7002 Qualifying Country Sources as Subcontractors. Mar 2022 252.225-7048 Export-Controlled Items. Jun 2013 252 225-7972 Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Aug 2024 Systems. (DEVIATION 2024-O0014)
252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. Jan 2023 252.243-7001 Pricing of Contract Modifications. Dec 1991 https://www.acquisition.gov/far https://www.acquisition.gov/dfars
(c) The Offeror shall list which hazardous material listed in the Hazardous Material Identification and Material Safety Data clause of this contract will be labelled in accordance with one of the Acts in paragraphs (b)(1) through (5) of this clause instead of the Hazard Communication Standard.
Any hazardous material not listed will be interpreted to mean that a label is required in accordance with the Hazard Communication Standard.
MATERIAL (If None, Insert "None.") ACT
(d) The apparently successful Offeror agrees to submit, before award, a copy of the hazard warning label for all hazardous materials not listed in paragraph (c) of this clause. The Offeror shall submit the label with the Material Safety Data Sheet being furnished under the Hazardous Material Identification and Material Safety Data clause of this contract.
(e) The Contractor shall also comply with MIL-STD-129, Marking for Shipment and Storage (including revisions adopted during the term of this contract).
List of Contract Documents, Exhibits, or Attachments
DFARS 252.204-7025
Notice of Cybersecurity Maturity Model Certification Level Requirements (Nov 2025)
(a) Definitions. As used in this provision, controlled unclassified information (CUI), current, Cybersecurity Maturity Model Certification (CMMC) status, Cybersecurity Maturity Model Certification unique identifier (CMMC UID), Federal contract information (FCI), and Plan of action and milestones have the meaning given in the Defense Federal Acquisition Regulation Supplement 252.204-7021, Contractor Compliance with the Cybersecurity Maturity Model Certification Level Requirements, clause of this solicitation.
(b)(1) Cybersecurity Maturity Model Certification (CMMC) level. The CMMC level required by this solicitation is: CMMC Level 1 (Self); CMMC Level 2 (Self). This CMMC level, or higher (see 32 CFR part 170), is required prior to award for each contractor information system that will process, store, or transmit Federal contract information (FCI) or controlled unclassified information (CUI) during performance of the contract.
(2) The Offeror will not be eligible for award of a contract, task order, or delivery order resulting from this solicitation if the Offeror does not have, for each of the contractor information systems that will process, store, or transmit FCI or CUI and that will be used in performance of a contract resulting from this solicitation-
(i) The current CMMC status entered in the Supplier Performance Risk System (SPRS) (https://piee.eb.mil) at the CMMC level required by paragraph (b)(1) of this provision;
and
(ii) A current affirmation of continuous compliance with the security requirements identified at 32 CFR part 170 in SPRS.
(c) Plan of action and milestones. If the Offeror has a CMMC Status of Conditional, the Offeror shall successfully close out a valid plan of action and milestones (32 CFR 170.21) to achieve a CMMC Status of Final.
(d) CMMC unique identifiers. The Offeror shall provide, in the proposal, the CMMC unique identifier(s) (CMMC UIDs) issued by SPRS for each contractor information system that will process, store, or transmit FCI or CUI during performance of a contract, task order, or delivery order resulting from this solicitation. The Offeror also shall update the list when new CMMC UIDs are generated in SPRS. The CMMC UIDs are provided in SPRS after the Offeror enters the results of self-assessment(s) for each such information system.
Identifier
Document Name
Document Description
Reference Identifier
Line Item
Page Numbers
Document Type
Provided Under Separate Cover
A21 -
SOW_ME_ENGINE-
REBUILD_11-17-
Statement of Work
17 Nov
Attachment
No
A21 - WD 2015-
4407, Rev 31, Dated 07-08-2025
Wage Determination
08 Jul
Attachment
No
Solicitation Provisions
Alternate/ Deviation
52.204-7 System for Award Management. Nov 2024 52.204-16 Commercial and Government Entity Code Reporting. Aug 2020 52.212-1 Instructions to Offerors-Commercial Products and Commercial Services. Sep 2023
52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021)
Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)
The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products or Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.
(a) Definitions. As used in this provision-
Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Prohibition.
(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to-
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to-
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".
(d) Representation. The Offeror represents that-
(1) It [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and
(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that-http://www.sam.gov/
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…
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