a7 1240BF21Q0003.pdf
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- 28-29 foot Cabin Cruiser Boat - Chugach NF
- Solicitation number
- 1240BF21Q0003
About this file
This solicitation requests quotes for a 28-29 foot welded aluminum cabin cruiser boat package. The Forest Service seeks a vessel with a V-berth configuration that maximizes fuel efficiency and safety for operations in Prince William Sound and open ocean winds up to 33 knots. The contractor must provide a turnkey package including hull, dinghy, outboards, and trailer meeting USCG, ABYC, and Alaska DOT standards. Quotes are due February 2, 2021. The set-aside is for small businesses. The pre-quote meeting is January 21 and questions are due by January 28 via email to the contracting officer.
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Other files
| File | Type | Posted |
|---|---|---|
| Question Answer 2.pdf | ||
| a8 1240BF21Q0003 amend3.pdf | ||
| Question Answer 1.pdf | ||
| a8 1240BF21Q0003 amend2.pdf | ||
| 1240BF21Q0003 amend1 change prequote time.pdf |
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1240BF21Q0003
28-29’ Cabin Cruiser Boat – Chugach NF Page 1 of 18
(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR
Subpart 12.6, FAR Subpart 13.5 and as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; offers are being requested and a written solicitation will not be issued.
(ii) This solicitation is issued as a Request for Quotation (RFQ).
(iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal
Acquisition Circular 2021-01.
(iv) This procurement is set aside for SMALL business. The NAICS code is 336612 Boat Building and the Small
Business Size Standard is 1,000 employees.
(v) Schedule of Items/Price Schedule Item # Schedule of Supplies/Services QTY Unit Unit Price Amount Item(s)
0001 Boat Package 0001AA Hull, Cabin, Helm Electronics & Battery System
1 LS $ $
0001AB Outboard Motors - Suzuki Brand Name Only
• Quantity two (2) main outboards
• Quantity one (1) - 2.5 HP for dinghy
0001AC Trailer
0001AD Safety Items Dinghy Sea Trials
0001AE Shipping FOB:
Total Item(s) 0001: $ Options:
1001 Individual hydraulic jack plates to outboards.
Hydraulic jack plates shall have a vertical lift of 9 inches.
1002 Second dock-access door (port side)
1003 Transom door to access rear swim deck and outboards
1 LS $ $
1004 Fold-down worktable to rear deck, in front of transom
1005 Training of FS employee(s) at time of Sea Trials
Total Option Item(s): $ LS – Lump Sum, EA – Each
Quoters will submit prices for all items.
28-29’ Cabin Cruiser Boat – Chugach NF Page 2 of 18
Electronic Invoicing and Payment Requirements – Invoice Processing Platform (IPP)
(a) Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform (IPP).
"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract. The IPP website address is: https://www.ipp.gov
The Contractor must use the IPP website to register, access and use IPP for submitting requests for payment.
Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email IPPCustomerSupport@fms.treas.gov or phone (866) 973-3131.
(vi) Description of Requirement
The USDA Forest Service, Chugach National Forest is soliciting quotes for supply of one (1) 28 to 29-foot-long, by 9 to 10.5-foot-wide, welded aluminum, monohulled, Cabin Cruiser with V-berth boat package.
Boat design shall maximize fuel efficiency over basic comfort while providing safe operations in Prince William Sound. Vessel will operate across open ocean in winds up to 33 knots. Boat requires shallow draft operation in three feet of water for the purpose of short-term beach landing to drop off and pickup employees.
Contractor shall provide boat package meeting USCG requirements, American Boat & Yacht Council (ABYC) standards, and Alaska DOT regulations. All hardware shall be domestic 316 stainless steel. The completed turn-key boat package shall include outfitted hull, dinghy, outboards, and trailer.
Mission: The boat shall meet the following minimum mission needs:
• Seating for 8 employees
• Sleeping locations for 3 employees
• Storage for personal gear, field equipment, and food for multi-day trips in Prince William Sound
• Fuel efficiency average of 12 gallons per hour, cruising at 25 knots
• Aft deck space adequate for workspace and back hauling flotsam
A major function of the boat is transporting Forest Service employees to locations in PWS with no dock. In order to drop-off or pick-up employees and their gear at these locations, two methods are used. The primary drop-off method is off the bow of the boat and due to fast changing tides in PWS, direct shore landings need to be completed in a short amount of time or the boat may be beached.
The method for drop-off on the current boat is physically difficult and awkward while carrying gear. Currently employees must navigate the bow rails when getting off or back onto the boat. To get off employees have to jump off and then pull themselves up when getting back onto the boat.
https://www.ipp.gov/ mailto:IPPCustomerSupport@fms.treas.gov
28-29’ Cabin Cruiser Boat – Chugach NF Page 3 of 18
We would like something similar to what is on the MV Blackstone with no bow rails and a drop-down stair system with safety rails.
Alternatively, a 4-person dinghy is used to bring employees and gear to shore or back to the boat. The dinghy is secured on cabin roof while underway. It takes multiple people and the davit to maneuver the dinghy into the water.
Employees exit or enter the dinghy from a side door on the rear deck. Using a dinghy for shore landing takes an hour to complete.
Direct shore landing is the preferred method of dropping off employees. The proposed boat shall have a front bow designed for safe and efficient employee drop-off & pick-up during direct shore landings. Design shall maintain V-berth hull and meet minimum mission needs. Design shall allow employees to step on to shore or assist others with loading and unloading gear and equipment from shore. Handrails shall be located to assist exit or entry. The bow shall be secure and watertight while the boat is underway. The Forest Service will continue to use a dinghy as the alternative to direct shore landing. Contractor shall provide cabin roof access and a rear deck davit to lift dinghy from roof to water (and back) in safe manner.
Specifications: The following specification are based on current Forest Service vessels being used in Prince William Sound with much success.
Hull: The Forest Service encourages and will consider proposals for Mono-hull configurations. Hull design furnished shall have no less than five years of successful open water operations and customer satisfaction.
• Custom bow entry for fast and safe loading and unloading of personnel and gear.
• Overall length of vessel (including outboards in down position) shall be less than 35-foot-long in order to fit harbor slip. The vessel shall be no wider than 10.5 feet across to meet Whittier tunnel basic size restriction.
• Vessel hull bottom shall be fabricated of ¼-inch 5086 marine grade aluminum.
• Side plating shall be 3/16-inch 5086 aluminum.
• Contractor shall add ¼ inch wear plate to keel for direct shore landing protection.
• Gunwale width around cabin shall be 5 to 6 inches wide. Gunwale height shall balance operational stability against breakers and crosswind effect.
• Contractor shall supply handrails forward and aft decks, welded to gunwale. All handrails shall be 36 inches above deck tread.
• Hull design shall include no less than four (4) watertight voids to provide damage stability.
• Other voids shall be used with watertight hatches for gear storage or to access wiring as appropriate.
• Contractor shall include two standard zincs with mounting brackets.
• Contractor shall install minimum of two (2) automatic 1250 GPH bilge pumps with hatch accessibility.
• Each side of boat shall have three (3) 10-inch cleats welded to gunwale.
28-29’ Cabin Cruiser Boat – Chugach NF Page 4 of 18
• Anchor storage and anchor windlass shall be located forward. Include proper size anchor, 50 feet of chain, and
500 feet of rope.
• Fuel tank(s) shall hold fuel for a minimum of twelve (12) hours of twin outboard motor use.
• Contractor shall provide each side of rear deck with a fuel filler inlet with locking cap for unleaded gasoline.
Locate inlet so roof water runoff cannot contaminate fuel. Fuel fill inlets shall be large enough to accommodate proper venting. Gasoline fuel inlets shall be labeled “GAS ONLY”.
• Contractor shall supply a diesel tank sized to hold fuel for multiple days of cabin heater system use.
• A single diesel fuel inlet shall be starboard and labeled “DIESEL ONLY”. Locate inlet so roof water runoff cannot contaminate fuel.
• Scuppers shall be located and sized for allowing decks to self-bail.
• Cargo tie-downs shall be welded along each side of aft deck.
• Dock access door shall swing inward on starboard side of aft deck.
• Boat design shall include a rear swim-step platform for accessing outboard motors.
• Contractor shall include trim-tabs for increased fuel efficiency and maneuverability.
• Contractor shall mount 500-pound minimum capacity davit on aft deck with location starboard so that boom reaches cabin roof center for removing dinghy, as well as reaching starboard dock access door for lifting a Life- Sling (man-over-board) safely onto the rear deck.
• Davit shall include 500-pound electric capstan and adequate size and length of synthetic rope.
• Contractor shall supply non-skid paint on all exterior walking surfaces.
• Contractor shall include black bottom paint to 4 inches above water line. Anti-Fouling paint is not required.
• Forest Service shield and vessel name decals shall be added by the Contractor. Vessel name details yet to be determined by Forest Service. Forest Service will supply two (2) 12-inch by 12-inch Forest Service shield decals to be placed on starboard and port side of cabin.
Cabin:
• Contractor shall provide a full-width cabin configuration to maximize interior seating and storage.
• Contractor shall design the vessel cabin to allow safe access to bow and aft deck.
• Cabin shall be constructed with Alaska bulkhead, swinging door(s), and sliding windows. Door width shall be
30 to 34-inches wide to accommodate food coolers and gear bags.
• Cabin interior shall be insulated with hull liner type material, marine vinyl, and mold-resistant carpet.
• Vessel shall be designed with the cabin forward, maximum rear deck area for workspace and securing flotsam backhaul.
• Helm steering controls and main electronics shall be located starboard – at Captain seat.
• Contractor shall include windshield wipers on both the port and starboard front facing windows, with independent on/off controls.
• Interior shall have two suspension seats at fore of cabin with seating for six people behind them.
• Cabin design shall include a multiple person table for eating and laptop use.
• Bench seat shall include easy access storage for eight (8) Type V Survival/Emersion Suites and one (1) messenger sized ditch bag.
• Each sleeping area shall be padded and provide minimum dimensions of 78 by 30 inches per area.
• Contractor shall supply adequate number of flush-mounted LED light fixtures to illuminate cabin interior.
• Contractor shall install a single LED flood pod light to adequately illuminate front deck and two surface mounted
LED flood pod lights to illuminate aft deck. Exterior flood pod lights shall be manually adjustable.
• Contractor shall install a diesel-fueled forced-air heating system in cabin. System shall be capable of defrosting windows and heating cabin safely while underway and overnight use.
28-29’ Cabin Cruiser Boat – Chugach NF Page 5 of 18
• Contractor shall provide an adequate number of electric oscillating fans in appropriate locations to ensure fog-free windshields.
• The cabin roof shall be accessible from rear deck via mounted ladder or retractable steps.
• Contractor shall include an antenna arch on cabin roof so that an 8-foot inflatable dinghy can be stored underneath. Arch shall not interfere with dinghy operation.
• Cabin roof shall include grab bars on both sides for employee safety and to tie down dinghy.
Helm Electronics & Battery System:
• All lighting controls shall be located at helm.
• Contractor shall label all terminations.
• Battery system shall include at least one group 27 house battery and two starter batteries.
• System shall include marine selector switch to choose starting batteries or house battery for running electronics and auxiliary systems.
• Contractor shall provide shore power plugin on starboard side of cabin. Shore power shall run electronics and charge batteries while at dock.
• Contractor shall design starboard helm to include hydraulic-assist steering, dual outboard display screens, and a dash-mounted compass with backlight.
• Contractor shall install a 14-inch touch screen chart plotter compatible with GPS, fathometer, and Automatic
Identification System (AIS).
• Boat electronic package shall include a minimum six (6) 12-volt USB ports for charging personal electronics in cabin. Locate a minimum 2-USB panel at fore of cabin, locate a minimum 4-USB panel accessible to cabin table.
• Contractor shall include a marine-grade DC to AC inverter, providing a minimum of two (2) 110V plugins so that a laptop may be used at the table.
• Contractor shall install two (2) 8- foot long antennae; wired from cabin roof arch to helm for Government provided VHF marine radio and Motorola radio. Radios shall be mounted within reach of captain seat but must not interfere with visibility.
Outboard Motors:
• In order to maintain consistent operation and maintenance on the Glacier Ranger District, Suzuki Brand Name
Only outboard motors.
• Vessel shall be powered with a pair of four-stroke outboards capable of propelling vessel with a full payload.
Contractor shall right-size the horsepower. Fuel efficiency is much more important than top end speed.
• Contractor shall include hydraulic assist steering to aid in maneuverability and safety.
• Contractor shall install a minimum of two (2) fuel/water separator filters, fuel pickup line, and dedicated battery per each outboard.
• Contractor shall provide a 2.5 HP Suzuki outboard to be used with dinghy.
• A mounting bracket on rear deck or stern shall be installed to secure 2.5 HP outboard when not in use with dinghy.
Safety Items:
• Contractor shall provide USCG approved navigation lights, horn, fire extinguisher, Type IV throw ring w/ rope accessible from rear deck, 406mhz EPIRB mounted near rear door, and a man-over-board Life Sling mounted near davit.
• A compass shall be installed at the helm.
28-29’ Cabin Cruiser Boat – Chugach NF Page 6 of 18
• Contractor shall install bracket for Government provided six-person life raft in hard case. The make/model to be supplied is a VIKING RESCYOU™ COASTAL LIFERAFT, 6 PERSONS (Prod. No.: L006UCL0) with mounting bracket.
• Contractor shall supply one (1) light-weight dinghy, 8 to 9-foot long, 4-person, inflatable with motor mount transom. Brand Name or equal – Zodiac Cadet RIB.
Trailer:
• Package to include a proper GVWR sized aluminum bunk style boat trailer with surge brakes, swivel jack, sand foot, and mounted spare tire is required. Each axle requires an electric brake system.
Sea Trials:
• Contractor shall perform sea trials of completed boat, testing all systems.
OPTIONS:
1. Add individual hydraulic jack plates to outboards. Hydraulic jack plates shall have a vertical lift of 9 inches.
2. Add second dock-access door (port side)
3. Add transom door to access rear swim deck and outboards
4. Add fold-down worktable to rear deck, in front of transom
5. Training Forest Service employee(s) at time of Sea Trials. Contractor shall coordinate with COR 30 days prior to performing the sea trials for coordination.
List of Government Provided items for installation:
1. VHF Marine radio
2. Forest Service radio – KNG M150R
3. VIKING RESCYOU™ COASTAL LIFERAFT, 6 PERSON emergency life raft in hard case with mounting bracket.
4. Two (2) FS shield decals, 12”x12”
(vii) Date(s) and Place(s) of Delivery and Acceptance
Deliver no later than May 31, 2022 to:
Glacier Ranger District 145 Forest Station Road Girdwood, AK 99587
Early Delivery: Due to winter parking limitations, the Forest Service does not have the means to receive the vessel during the months October through April.
28-29’ Cabin Cruiser Boat – Chugach NF Page 7 of 18
(viii) 52.212-1 Instructions to Offerors – Commercial Items (JUN 2020) (Provision) Addenda to provision 52.212-1:
Addenda to 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) Offers submitted in response to this solicitation shall include a technical summary, a price quote, and contractor representations and certifications.
a) Technical Summary – The technical summary shall address the evaluation factors in 52.212-2. At a minimum technical summary shall include:
i) Technical Capability –
a. Provide a description of the product offered. If a name product is specified and you are offering an equal product, include completed provision see 452.211-71.
b. Describe your planned approach for the bow exit.
c. The skills and those of your team that make you the best choice to perform the work. Provide list of key employees, include experience level in building similar watercraft, and current certifications, including but not limited to ABYC.
d. Your plan to keep yourself, your workers and individuals in the communities where you work safe. Describe your efforts to prevent the spread of the Coronavirus (COVID-19) including your plan to adaptively comply with current and future State of Alaska COVID-19 Health Mandates along with any other Federal, State or Local requirements. In other words, how do you intend to comply with existing requirements and maintain flexibility to comply with changes as they occur.
Information to support evaluation of this factor may include a copy of your company’s safety plan (including response to COVID-19) and, if travel is anticipated, a copy of your travel plan or protocol (indicate whether the plan is a draft or whether the plan has already been submitted) as required by the State of Alaska. State of Alaska COVID-19 Information can be found here:
https://covid19.alaska.gov
ii) Past Performance/Relevant Experience – provide a list of similar projects completed by your firm over the past five years. Include a brief description of the project, dollar amount, year completed, and project owner contact information (name, phone, and email).
b) Price Quote – Include the following: 1) completed price schedule from section v of this solicitation, 2)
Acknowledge any amendments issued on beta.sam.gov for this solicitation by completing and signing the posted SF-30.
c) Representations and Certifications – Fill in the check boxes for provisions 52.204-24, 52.209-7, 52.212-3, and Employment of Eligible Workers-Workforce Certification found in this solicitation. Copy and paste the completed provisions onto your company letterhead and include your DUNS number.
3) Submit offers by email to stacy.doutt@usda.gov so that they are delivered into this inbox by the due date and time. Emails should contain 3 separate attachments (Technical Summary, Price Quote, and Representations and Certifications) in Microsoft Word or Adobe PDF format. Be aware that large attachments may increase the time required to deliver an email. It is the offerors responsibility to confirm receipt of the quote from Stacy Doutt.
4) Address questions about this solicitation to Stacy Doutt at stacy.doutt@usda.gov.
https://www.sam.gov/SAM/ https://covid19.alaska.gov/ mailto:stacy.doutt@usda.gov mailto:stacy.doutt@usda.gov
28-29’ Cabin Cruiser Boat – Chugach NF Page 8 of 18
VENDOR INFORMATION:
Vendor Name: Phone:
Fax:
Address: Email:
Point of Contact:
DUNS:
Date SAM expires:
(ix) 52.212-2 Evaluation – Commercial Items (OCT 2014) (Provision)
(a) Evaluation of quotes will be conducted using Simplified Acquisition Procedures in accordance with 13.106-2 Evaluation of Quotes. The Government intends to award one contract resulting from this solicitation to the responsible quoter whose quote conforming to the solicitation represents the best value to the Government. Quotes received will be evaluated as described below:
Technical Summary: When evaluating this factor, the Government will assess the following:
1. Whether the proposed bow access approach is safe and easy to utilize for off-loading of employees and gear. Quotes that do not fully describe the proposed approach will be evaluated less favorably.
2. Whether key personnel on the team have skills and certifications necessary to complete the project.
3. The degree to which company plans will provide a safe work environment for employees and community members while meeting the requirements of State of Alaska Health Mandates as well as other Federal, State and Local requirements in both an adaptive and practicable manner.
Past Performance: The Government will contact your previous customers to ask whether or not they believe:
1. That your work met required standards of quality;
2. That you were capable, efficient, and effective;
3. That your performance conformed to the terms and conditions of your contract to include adherence to schedule;
4. That you were reasonable and cooperative during performance; and
5. That you were committed to customer satisfaction.
The Government may obtain and evaluate Past Performance information obtained from sources other than those identified in the quote. The Forest Service will utilize existing databases of Contractor performance information and solicit additional information from the references provided by the Quoter and from other sources if, and when, the Contracting Officer finds the existing databases to be insufficient for evaluating a Quoter’s Past Performance.
A Quoter’s Past Performance will not be evaluated favorably or unfavorably when:
• The Quoter lacks relevant performance history, or
• Information on performance is not available.
28-29’ Cabin Cruiser Boat – Chugach NF Page 9 of 18
Relevant Experience: The Government will assess your relevant experience on the basis of its breadth and its depth (how much and what type of work you and your firm have performed).
Price: When evaluating this factor, the Government will evaluate price for reasonableness in accordance with FAR 13.106-3(a).
(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).
(c) 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 or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
(x) 52.212-3 Offeror Representations and Certifications – Commercial Items (OCT 2020) (DEVIATION JUL 2020) (Provision)
If Offeror Representations and Certifications are not complete in SAM the offeror shall submit a completed copy of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items, with your offer. The full provision is available from http://www.acquisition.gov/far/.
If Offeror Representations and Certifications are complete in SAM, the offeror shall complete the following:
(b)(1)Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.
(2)The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________.
[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any. Write “None” if there are no changes needed to your online reps and certs.
These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]
(xi) 52.212-4 Contract Terms and Conditions – Commercial Items (OCT 2018)
Addenda to 52.212-4:
http://www.acquisition.gov/far/ http://www.sam.gov/ https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1060550 https://www.acquisition.gov/content/part-4-administrative-and-information-matters#i1121876
28-29’ Cabin Cruiser Boat – Chugach NF Page 10 of 18
Replace paragraph (r) of clause 52.212-4 with the following as specified in DEVIATION 2017-1 (AUG 2017):
(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C.
1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C chapter 21 relating to procurement integrity.
(xii) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items (OCT 2020) (DEVIATION JUL 2020)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)
(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78
(19 U.S.C. 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 of law or Executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.] _X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).
__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (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.)
_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub.
L. 109-282) (31 U.S.C. 6101 note).
__ (5) [Reserved].
__ (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).
_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Jun 2020) (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 (Mar 2020) (15 U.S.C.657a).
_ 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.
__ (ii) Alternate I (Mar 2020) of 52.219-3.
28-29’ Cabin Cruiser Boat – Chugach NF Page 11 of 18
__ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
__ (ii) Alternate I (Mar 2020) of 52.219-4.
__ (13) [Reserved] _X_ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Mar 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 (Mar 2020) (15 U.S.C. 644).
__ (ii) Alternate I (Mar 2020) of 52.219-7.
_X_ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).
__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jun 2020) (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 (Jun 2020) 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 _X_ (19) 52.219-14, Limitations on Subcontracting (Mar 2020) (15 U.S.C.637(a)(14)).
[Contracting Officer check as appropriate.] X_ 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 (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).
__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Mar 2020) (15 U.S.C. 657f).
[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.
_X_ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (May 2020) (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 (Mar 2020) (15 U.S.C. 637(m)).
[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.
__ (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 (Mar 2020) (15 U.S.C. 637(m)).
[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.
_X_ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).
_X_ (26) 52.219-33, Nonmanufacturer Rule (Mar 2020) (15 U.S.C. 637(a)(17)).
_X_ (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).
_X_ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2020) (DEVIATION
JUL 2020) (E.O.13126).
_X_ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
_X_ (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).
__ (ii) Alternate I (Feb 1999) of 52.222-26.
_X_ (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.
_X_ (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.
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_X_ (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).
_X_ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
_X_ (35) (i) 52.222-50, Combating Trafficking in Persons (Oct 2020) (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 (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 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.)
__ (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.
_X_ (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.
_X_ (48) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83).
__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (DEVIATION JUL 2020) (41 U.S.C. chapter 83, 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), Pub. L. 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 (May 2014) of 52.225-3.
__ (iii) (ii) Alternate II (May 2014) (DEVIATION JUL 2020) of 52.225-3.
__ (iv) (iii) Alternate III (May 2014) of 52.225-3.
__ (50) 52.225-5, Trade Agreements (Oct 2019) (DEVIATION JUL 2020) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
__ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (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. 2302 Note).
__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.
5150).
__ (55) 52.229-12, Tax on Certain Foreign Procurements (Jun 2020).
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__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.4505, 10 U.S.C.2307(f)).
__ (57) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C.4505, 10 U.S.C.2307(f)).
_X_ (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 (Feb 2006) (46 U.S.C.
Appx. 1241(b) and 10 U.S.C. 2631).
__ (ii) Alternate I (Apr 2003) of 52.247-64.
__ (iii) Alternate II (Feb 2006) 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 items:
[Contracting Officer check as appropriate.] __ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).
__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C.
chapter 67).
__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).
__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).
__ (7) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).
__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (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 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.
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(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 items. 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 (Jun 2020) (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 (Jul 2018) (Section 1634 of Pub. L. 115-91).
(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).
(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (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 (Oct 2020) (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 (Oct 2015) (E.O. 12989).
(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).
(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).
(xix) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
(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. 2302 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) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C.
Appx.1241(b) 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 items a minimal number of additional clauses necessary to satisfy its contractual obligations.
xiii) Additional Requirements/Terms and Conditions
52.203-3 Gratuities (APR 1984) 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (JUN 2020) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (MAY 2011) 52.204-7 System for Award Management (OCT 2018) (Provision)
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52.204-13 System for Award Management Maintenance (OCT 2018) 52.204-16 Commercial and Government Entity Code Reporting (JUL 2016) (Provision) 52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020)
52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (OCT 2020)
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 Items. 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—
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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…
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