A6_0-1449RFQ-SFNFVirtualFenceBaseStations.pdf
PDF 2 MB Posted
- Solicitation number
- 12970223Q0044
- Issued by
-
Department of Agriculture Forest Service
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| File | Type | Posted |
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| A07_RFQ-QA-28Apr2023.pdf | ||
| A6_2-FillableSOI-12970223Q0044VirtualFenceBaseStations.xlsx | XLSX spreadsheet | |
| A6_2-Att1-HPCCMap.pdf |
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SEE ADDENDUMIS CHECKED
CODE 18a. PAYMENT WILL BE MADE BY
CODE
FACILITYCODE
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER
OFFEROR
WASHINGTON DC 20250-0001
1400 INDEPENDENCE AVE SW MS-1138
SPOC SOUTHWEST
USDA FOREST SERVICE
8381 CODE 16. ADMINISTERED BYCODE
X
X
X
334220
SIZE STANDARD:
100.00 % FOR:SET ASIDE:UNRESTRICTED OR9702
RFPIFB
10. THIS ACQUISITION ISCODE
RFQ
14. METHOD OF SOLICITATION
13b. RATING
NAICS:
SMALL BUSINESS
05/01/2023 1700 MT
04/20/2023
800-832-1355MATTHEW KILLIAN
(No collect calls)
INFORMATION CALL:
FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBERa. NAME
4. ORDER NUMBER3. AWARD/ 6. SOLICITATION
12970223Q0044
5. SOLICITATION NUMBER
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF
1 26 1093501OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
TELEPHONE NO.
17a. CONTRACTOR/
PECOS NM 87552
PECOS RANGER DISTRICT
FOREST FOREST DISTRICT RANGER
FOREST SERVICE SANTA FE NATL
15. DELIVER TO
WASHINGTON DC 20250-0001
1400 INDEPENDENCE AVE SW MS-1138
SPOC SOUTHWEST
9. ISSUED BY
7.
2. CONTRACT NO.
EFFECTIVE DATE
1,250
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW
ISSUE DATE
DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
11.
SEE SCHEDULEX
12. DISCOUNT TERMS
THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
13a.
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
8(A)
USDA FOREST SERVICE
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
Project Title: Santa Fe National Forest Virtual Fencing Base Stations
Project Description: Santa Fe National Forest is pursuing a contract to procure fourteen (14) virtual fencing base stations in response to physical fencing damage from the Hermits Peak Calf Canyon fires. Delivery and installation shall be executed by the awardee in accordance with Section B of this Solicitation.
(Use Reverse and/or Attach Additional Sheets as Necessary)
HEREIN, IS ACCEPTED AS TO ITEMS:
X
XX
DATED
KLENISE S. WALLACE
. YOUR OFFER ON SOLICITATION (BLOCK 5),
INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER
ARE
ARE
31c. DATE SIGNED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)
ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL
SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA
26. TOTAL AWARD AMOUNT (For Govt. Use Only)
OFFER
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA - FAR (48 CFR) 53.212
ARE NOT ATTACHED.
ARE NOT ATTACHED.
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
30b. NAME AND TITLE OF SIGNER (Type or print)
30a. SIGNATURE OF OFFEROR/CONTRACTOR
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
25. ACCOUNTING AND APPROPRIATION DATA
29. AWARD OF CONTRACT:
REF.
Company Name:
Address:
UEI #:
POC Name:
POC Email:
POC Phone:
MatthewKillian Highlight
MatthewKillian Highlight
MatthewKillian Highlight
MatthewKillian Highlight
MatthewKillian Highlight
MatthewKillian Highlight
MatthewKillian Highlight
MatthewKillian Highlight
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER
37. CHECK NUMBER
FINALPARTIAL
36. PAYMENT
FINALPARTIAL
35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER33. SHIP NUMBER
COMPLETE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)
42b. RECEIVED AT (Location)
42a. RECEIVED BY (Print)
41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
STANDARD FORM 1449 (REV. 2/2012) BACK
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
Project Location: Santa Fe National Forest, Pecos
Ranger District. See section B of this
Solicitation for location details.
Quotes shall be submitted on or before the proposal due date/time designated in block 8 of this form. Inquiries shall be submitted to the
Solicitation Point of Contact listed below, in accordance with the instructions in Section E of this Solicitation.
*SEE SECTION E FOR DETAILED INSTRUCTIONS TO
OFFERERS*
Solicitation Point of Contact:
Contract Specialist, Matthew (Matt) Killian
Email: matthew.killian@usda.gov
Delivery: 06/22/2023
Mark For:
USDA FOREST SERVICE
SPOC SOUTHWEST
1400 INDEPENDENCE AVE SW MS-1138
WASHINGTON DC 20250-0001
Period of Performance: 05/08/2023 to 06/22/2023
0001 Virtual Cattle Fencing Base Stations 1 LS
Product/Service Code: 5985
Product/Service Description: ANTENNAS, WAVEGUIDES, AND RELATED EQUIPMENT
Continued ...
32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
26 2 of
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
NAME OF OFFEROR OR CONTRACTOR
3 26
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
12970223Q0044
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
Sponsored by GSA
FAR (48 CFR) 53.110
ITEM NO. QNTY UNIT UNIT PRICE AMOUNT
1 LSQ
1 Virtual Cattle Fencing Base Stations - Delivery Only 2 EA
2 Virtual Cattle Fencing Base Stations - Delivery & Installation 12 EA
Total
SOI NOTES:
1 VENDOR INPUT REQUIRED
4 EA - EACH
VENDOR NAME:
SAM UEI #:
DESCRIPTION
Santa Fe National Forest Virtual Cattle Fencing Base Stations
SECTION B - CONTINUATION OF 1449
Virtual Cattle Fencing Base Stations
VENDORS PLEASE NOTE: BEFORE PREPARING QUOTE, CAREFULLY READ THE CONTENTS OF THIS SOLICITATION.
SCHEDULE OF ITEMS
BUSINESS EMAIL:
BUSINESS PHONE:
ANY AWARD WILL BE TO ONE QUOTER
LSQ - LUMP SUM QUANTITY
DATE:
AUTHORIZED TO SIGN:
(NAME & TITLE)
SIGNATURE:
12970223Q0044 SFNF Virtual Fencing Base Stations Page 4 of 26
DESCRIPTION OF WORK/SPECIFICATIONS
Project
Hermits Peak/Calf Canyon (HPCC) Santa Fe National Forest (SFNF) Virtual Fence Base Stations
General Information
1.0 Project Description
This project is for the acquisition of key components of a virtual fencing solution for cattle ranching in remote areas. It is envisioned that the virtual fencing solution is comprised of an animal-worn GPS-enabled collar, a communications component (“network infrastructure”), and an application to enable management of collars. The Forest Service is seeking to procure the infrastructure portion of the system.
2.0 Project Background
The SFNF is seeking to purchase base stations for virtual fencing across four (4) to five (5) allotments in the HPCC footprint. The HPCC fire burned many miles of internal fencing which is essential to managing cattle properly and ensuring they graze as authorized. Virtual fencing offers the most efficient fencing replacement solution. Base stations will allow the Forest permittees to manage their cattle according to their permit without building traditional fence. There are multiple advantages of Virtual fence including cost, reduction in ground disturbance, less maintenance, and the ability to find cattle without extensive searching.
Virtual fences consist of base stations, and cattle collars. The base stations relay virtual fence locations from the internet to cattle collars. The collars use a series of sounds and shocks to direct the cattle and keep them in a given virtual fence area.
Contractor Requirements
3.0 Technical Requirements
This requirement is for wireless network system antenna hardware (base stations) to support virtual fencing trials in specific areas in the HPCC burned area. The wireless network hardware shall support a collar and Herd Manager web application. The wireless network hardware is envisioned to be comprised of several remote base stations supporting appropriate wireless technologies to enable communications with the collar and backhaul communications to cloud-based web services. This system will never connect to the Forest Service or Government IT system. The system will only connect to the collar devices. The ranchers will be the only parties who have access to the data from the collars.
Following purchase of hardware, the vendor will also supply installation and customer support to prepare and engage the systems operational capabilities.
The System shall have the following specifications:
• The virtual system will be developed so that cattle can be managed in remote locations with poor cell phone service.
• The contractor will develop a plan and alternatives for optimal placement of base stations, so that cattle collars can communicate with the system at a sufficient rate to ensure proper management.
Using current systems, base stations will be placed throughout range allotments within the HPCC
SFNF Virtual Fencing Base Stations Page 5 of 26 footprint. The COR will approve any base station locations in wilderness due to the management implications of placing base stations in wilderness.
• The contractor will build and install base stations in the previously determined optimal locations.
• The contractor will build 2 additional base stations which the forest Service will use as base mobile base stations for cattle training and testing.
• The contractor will consult on how to best train cattle to the collars.
• Environment and Requirements
• The virtual fence system shall support operations in remote areas where universal coverage from commercial cellular networks is not available.
• The virtual fence system shall provide a long-range wireless communications technology, “network infrastructure”, to enable command, control, and monitoring of collars.
• The virtual fence system shall provide an application or webpage for operation of the system.
• The virtual fence application shall enable management of multiple groups of animals across multiple property locations.
• The virtual fence application shall provide for data security and data privacy.
• The virtual fence system shall enable rotational grazing.
• The virtual fence end-2-end solution shall enable riparian area protection.
• The virtual fence system shall enable animal tracking over the majority of the allotment for which it is installed.
• The virtual system shall enable visualization and analysis of animal grazing.
• Network hardware infrastructure equipment (e.g. base stations) shall be entirely stand-alone in nature requiring no physical connection to power or wired backhaul connectivity. Typically, this will be implemented via solar power/battery system and cellular wireless backhaul.
• Network hardware infrastructure equipment shall be capable of operating with a minimum of 5 days of reduced sunlight.
• Network hardware infrastructure shall have minimal impact and land disturbance at installation sights.
• Network hardware infrastructure shall be installed with a surface mount approach utilizing earth anchors to affix to location.
• Network hardware infrastructure shall be designed and installed to be tolerant to adverse weather conditions including winds of up to 100 MPH.
• Network hardware infrastructure shall provide for protection against use of perches for raptors.
• Network hardware infrastructure shall support minimum on-site user support. Site visits shall be less than once per year.
• The network hardware infrastructure shall utilize industry standard LoRaWAN protocol operating in 900 MHz ISM band.
• Network hardware infrastructure shall support integration with LoRaWAN network servers utilizing ChipStack Network Server Stack.
• Network hardware infrastructure shall support 16 channels selectable of full 64 available channels.
• Network hardware infrastructure shall support transmit power control.
• Network hardware infrastructure shall support configuration of channel set and transmit power within capabilities of LoRaWAN Regional Parameter V1.0.2 or 3.
• Network hardware infrastructure shall support back haul connectivity to AWS servers via fixed IP addresses.
• Network hardware infrastructure shall support Semtech packet forwarding mode.
• Network hardware infrastructure shall be full certified to operate with US regulatory domains including FCC.
• Network back haul connectivity shall support firewall capabilities to specifics ports and IP addresses.
SFNF Virtual Fencing Base Stations Page 6 of 26
• Network back shaul shall support HTTPS protocol with third party supplied SSL certificates.
• Network hardware infrastructure back haul modem and LoRa Gateway shall be accessible via SSH with configurable username and password protection.
• Network hardware infrastructure shall support remote monitoring of power subsystem and backhaul health.
• Network hardware infrastructure shall support status messaging via SNMP of at least the following parameters: gateway health, gateway location, and TX power.
• Network hardware infrastructure shall support monitoring of power subsystem over IP protocol.
• The hardware or network will not connect to the Government system
4.0 Government Furnished
The Government will furnish land ownership and similar GIS data. The government will review and approve the base station locations and do a final check that the locations are viable.
5.0 Deliverables / Schedule
All written deliverables shall be phrased in layperson language.
• Potential base station locations will be determined 1 week before base stations are installed.
• Training of cattle to the base stations and mobile base stations will be available by June 8, 2023
• Base stations will be provided and installed by June 22, 2023
Key Deliverables
Item No. Deliverable Objective Due 1 Base Station
Locations The contractor will work with the forest to determine potential base station locations. The Forest will then choose which locations to install base stations, and potential alternate locations if needed.
No later than five (5) business days after contract award
2 2 Mobile Base Stations
Base stations that will not be installed, but placed on trailers provided by the forest for cattle training.
No later than May 22, 3 Installed 12 base stations
The contractor will install base stations at the pre-approved locations
Preferably by June 8, 2023, and no later than June 22, 2023
6.0 Travel
The contractor shall travel to Pecos and Las Vegas New Mexico to install base stations. The contractor will be responsible for their personnel’s travel.
7.0 Contractor’s Key Personnel
• GIS or Other Staff for Base station location analysis
• Base Station Installer
SFNF Virtual Fencing Base Stations Page 7 of 26
8.0 Images & Exhibits:
1. HPCC Fire Footprint
SFNF Virtual Fencing Base Stations Page 8 of 26
SFNF Virtual Fencing Base Stations Page 9 of 26
SECTION C - CONTRACT CLAUSES
52.252-2 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):
Federal Acquisition Regulation (FAR) Clauses:
https://www.acquisition.gov/browse/index/far (FAR clauses begin with 52) Department of Agriculture Acquisition Regulation (AGAR) Clauses:
https://www.acquisition.gov/agar (AGAR clauses begin with 452) FAR and AGAR Deviations to clauses may be viewed at: Policies & Regulations | USDA
52.204-13 System for Award Management Maintenance (OCT 2018)
52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020)
52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services
(DEC 2022) (DEVIATION 2017-1)
52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders– Commercial Products and Commercial Services (MAR 2023) (DEVIATION 2017-
1, DEVIATION DEC 2022)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L.
115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)
(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR
2023) (31 U.S.C.3903 and 10 U.S.C. 3801)
(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805note)).
(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
12970223Q0044 SFNF Virtual Fencing Base Stations Page 10 of 26 https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar https://www.usda.gov/da/ocp/ppd/policies-regulations https://www.usda.gov/sites/default/files/documents/far-class-deviation-implement-whistleblower-protection.pdf https://www.usda.gov/sites/default/files/documents/far-class-deviation-implement-whistleblower-protection.pdf https://www.usda.gov/sites/default/files/documents/far-class-deviation-implement-whistleblower-protection.pdf https://www.usda.gov/sites/default/files/documents/far-class-deviation-regarding-threshold-small-disadvantaged-business.pdf 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 (June 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 and Requirement to Inform Employees of Whistleblower Rights (Jun 2020) (DEVIATION 2017-1)
☒ (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) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
☐ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
☒ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) (31 U.S.C. 6101note).
☐ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).
☐ (10) [Reserved].
☐ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) (15
U.S.C.657a).
☐ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business
Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
☐ (13) [Reserved] ☒ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C.644).
☐ (ii) Alternate I (Mar 2020) of 52.219-6.
☐ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).
☐ (ii) Alternate I (Mar 2020) of 52.219-7.
☐ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2022) (15 U.S.C. 637(d)(2) and
(3)).(DEVIATION DEC 2022)
☐ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2022) (15 U.S.C. 637(d)(4)).
☐ (ii) Alternate I (Nov 2016) of 52.219-9.
☐ (iii) Alternate II (Nov 2016) of 52.219-9.
☐ (iv) Alternate III (Jun 2020) of 52.219-9.
☐ (v) Alternate IV (Sep 2021) of 52.219-9.
☐ (18) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).
☐ (ii) Alternate I (MAR 2020) of 52.219-13
☐ (19) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C.637s)
12970223Q0044 SFNF Virtual Fencing Base Stations Page 11 of 26 https://www.usda.gov/sites/default/files/documents/far-class-deviation-implement-whistleblower-protection.pdf https://www.usda.gov/sites/default/files/documents/far-class-deviation-regarding-threshold-small-disadvantaged-business.pdf
[Contracting Officer check as appropriate.] ☐ By the end of the base term of the contract and then by the end of each subsequent option period; or ☐ By the end of the performance period for each order issued under the contract.
☐ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Sep 2021) (15 U.S.C.
637(d)(4)(F)(i)).
☐ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2022) (15 U.S.C. 657f).
☒ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (MAR 2023) (15 U.S.C. 632(a)(2)).
☐ (ii) Alternate I (MAR 2020) of 52.219-28.
☐ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) (15 U.S.C. 637(m)).
☐ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) (15 U.S.C. 637(m)).
☐ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).
☐ (26) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15 U.S.C. 637(a)(17)).
☒ (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).
☒ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Dec 2022)
(E.O.13126).
☒ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
☒ (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).
☐ (ii) Alternate I (Feb 1999) of 52.222-26.
☒ (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).
☐ (ii) Alternate I (Jul 2014) of 52.222-35.
☒ (32) (i) 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.
☒ (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).
☐ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act
(Dec 2010) (E.O. 13496).
☒ (35) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and
E.O. 13627).
☐ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter78 and E.O. 13627).
☐ (36) 52.222-54, Employment Eligibility Verification (May 2022). (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.)
☐ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
SFNF Virtual Fencing Base Stations Page 12 of 26
☐ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
☐ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).
☐ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).
☐ (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).
☐ (ii) Alternate I (Oct 2015) of 52.223-13.
☐ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).
☐ (ii) Alternate I (Jun 2014) of 52.223-14.
☐ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C.
8259b).
☐ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).
☐ (ii) Alternate I (Jun 2014) of 52.223-16.
☒ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).
☐ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).
☐ (46) 52.223-21, Foams (Jun 2016) (E.O. 13693).
☐ (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 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 (DEC 2022) (19
U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C.
chapter 29 (sections 4501-4732), Public Law. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
☐(ii) Alternate I [Reserved] ☐(iii) Alternate II (Dec 2022) of 52.225-3.
☐(iv) Alternate III (Jan 2021) of 52.225-3.
☐(v) Alternate IV (Oct 2022) of 52.225-3.
☐ (50) 52.225-5, Trade Agreements (Dec 2022) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
☒ (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).
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☐ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).
☐ (55) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).
☐ (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial
Services (Nov 2021) (41 U.S.C.4505, 10 U.S.C.3805).
☐ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services
(Nov 2021) (41 U.S.C.4505, 10 U.S.C.3805).
☒ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct
2018) (31 U.S.C. 3332).
☐ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award
Management (Jul 2013) (31 U.S.C.3332).
☐ (60) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.3332).
☐ (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
☐ (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).
☐ (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov
2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).
☐ (ii) Alternate I (Apr 2003) of 52.247-64.
☐ (iii) Alternate II (Nov 2021) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
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).
In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C.5341 or 5 332.
This Statement is for Information Only: It is not a Wage Determination
Employee Class Monetary Wage/Fringe Benefits
12970223Q0044 SFNF Virtual Fencing Base Stations Page 14 of 26 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3
Employee Class Monetary Wage/Fringe Benefits
☐ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price
Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C.
chapter 67).
☐ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
☐ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).
☐ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).
☐ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).
☐ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).
☐ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42
U.S.C. 1792).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the
SFNF Virtual Fencing Base Stations Page 15 of 26
Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C.
3509).
(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).
(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(v) 52.219-8, Utilization of Small Business Concerns (Oct 2022) (15 U.S.C.637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(vii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).
(viii) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C.4212).
(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29
U.S.C.793).
(x) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C.4212).
(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act
(Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).
(xiii) (A) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O 13627).
(B) Alternate I (Mar 2015) of 52.222-50(22 U.S.C. chapter 78 and E.O 13627).
(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to
Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).
(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).
(xvi) 52.222-54, Employment Eligibility Verification (May 2022) (E.O. 12989).
(xvii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026
(Jan 2022).
(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O.
13706).
(xix) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
SFNF Virtual Fencing Base Stations Page 16 of 26
(B) Alternate I (Jan 2017) of 52.224-3.
(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United
States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxii) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801)
(xxiii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C. 55305 and 10 U.S.C.2631). Flow down required in accordance with paragraph
(d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.
52.252-6 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 Agriculture Acquisition Regulation (48 CFR __4_) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.
452.204-70 Modification for Contract Closeout (DEVIATION JUL 2022)
Upon contract closeout for contracts utilizing Simplified Acquisition Procedures (SAP) according to FAR 13:
(a) If unobligated funds in the amount of $1000 or less remain on the contract, the Contracting Officer (CO) shall issue a unilateral modification for deobligation. The contractor will receive a copy of the modification but will not be required to provide a signature. The CO shall immediately proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.
(b) If unobligated funds of more than $1000 remain on the contract, the CO shall issue a bilateral modification for deobligation. The contractor will receive a copy of the modification and will be required to provide a signature. (The CO may also request a Release of Claims be completed by the contractor, although not required for contract and orders using SAP procedures.) If the bilateral modification and Release of Claims are not returned to the CO within 60 days, the CO shall release the modification as unilateral and proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.
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SECTION D – CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS
1. Hermits Peak/Calf Canyon Area Map
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SFNF Virtual Fencing Base Stations Page 19 of 26 christineabishop Highlight christineabishop Highlight christineabishop Highlight christineabishop Highlight christineabishop Highlight
SECTION E - SOLICITATION PROVISIONS
52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998)
This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):
Federal Acquisition Regulation (FAR) Clauses:
https://www.acquisition.gov/browse/index/far (FAR clauses begin with 52) Department of Agriculture Acquisition Regulation (AGAR) Clauses:
https://www.acquisition.gov/agar (AGAR clauses begin with 452) FAR and AGAR Deviations to provisions may be viewed at: Policies & Regulations |
USDA
52.204-7 System for Award Management (OCT 2018)
52.204-16 Commercial and Government Entity Code Reporting (AUG 2020)
52.212-1 Instructions to Offerors – Commercial Products and Commercial Services (MAR 2023)
Addenda to Provision 52.212-1:
For simplified acquisitions, the word quote or quoter is substituted in provision 52.212-1 for the word offer or offeror.
Offers must be prepared in accordance with the instructions in this section, providing all required documents and information in the format specified. Failure of an offer to show compliance with these instructions may be grounds for exclusion of the offer from further award consideration. The offer shall clearly and concisely describe the offeror’s response to the requirements of the solicitation. Offerors shall acknowledge receipt of any/all amendments to this solicitation by the date and time specified in the amendment(s).
Addenda to Provision 52.212-1 paragraph (b) Submission of Offers:
1) Offerors must have an active entity registration in the System for Award Management in order to submit an offer. https://www.sam.gov/SAM/
2) Submit offer as one (1) document and include a title page using the following format:
a) Solicitation Number/Description
12970223Q0044 SFNF Virtual Fencing Base Stations Page 20 of 26 https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar https://www.usda.gov/da/ocp/ppd/policies-regulations https://www.usda.gov/da/ocp/ppd/policies-regulations https://www.sam.gov/SAM/
b) Company Name
c) Address
d) Point of Contact Name
e) Point of Contact Phone & Email
f) SAM UEI Number
g) Type of small business: e.g. Service-Disabled Veteran-Owned Small Business, Veteran-Owned Small Business, Woman-owned Small Business, etc.
3) Offers submitted in response to this solicitation shall, at a minimum, include the following:
a) Completed, signed SF-1449
b) Acknowledgement of any amendments to this solicitation (if applicable) by following the instructions that accompany the amendment(s), and
c) Completed Schedule of Items contained in Section B of this solicitation.
d) Technical Experience –
- Contractor shall provide # of years in line of business
- Contractor shall provide list of three relative projects within the last three years demonstrating technical knowledge and experience
e) Disclosure and description of the per-unit cost of the devices delivered and any additional costs associated with device placement, activation, installation, etc., if separate.
4) Submit offer by email to the Contract Specialist, Matthew (Matt) Killian at matthew.killian@usda.gov such that it is delivered into this inbox NOT LATER THAN the due date and time. Be aware that large attachments may increase the time required to deliver an email. It is the offerors responsibility to confirm timely receipt of the offer from the Government Contract Specialist.
5) Submit questions about this solicitation to the Contract Specialist, Matthew (Matt) Killian at matthew.killian@usda.gov, NOT LATER THAN three (3) business days prior to solicitation closing date and time listed on the SF-1449.
52.212-2 Evaluation – Commercial Products and Commercial Services (NOV 2021)
(a) The Government will issue a Purchase Order resulting from this solicitation to the responsible quoter whose quote conforming to the solicitation will be most advantageous to the Government.
Quotes will be evaluated on the basis of the following factor(s):
i. Technical Acceptability, in accordance with Section B of this solicitation
ii. Price
(b) Reserved
52.252-5 Authorized Deviations in Provisions (NOV 2020)
12970223Q0044 SFNF Virtual Fencing Base Stations Page 21 of 26 mailto:matthew.killian@usda.gov mailto:matthew.killian@usda.gov
(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision.
(b) The use in this solicitation of any Agriculture Acquisition Regulation (48 CFR Chapter 4) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
REPRESENTATIONS & CERTIFICATIONS
(CONTRACTOR TO COMPLETE AND RETURN WITH OFFER/QUOTE
VENDOR NAME:__________________________________________________
VENDOR UEI:___________________________________________________
COMPLETE THE YELLOW HIGHLIGHTED INFORMATION AND SUBMIT A COPY
WITH YOUR OFFER. SEE INSTRUCTIONS IN SECTION E, PROVISION 52.212-1.
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 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—
SFNF Virtual Fencing Base Stations Page 22 of 26
(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—
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.
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(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment—
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number;
and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(ii) For covered services—
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment—
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity…
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