Attachment 5 - FAR 52.204-26 - Covered Telecommunication Equipment or Services - REpresentation.pdf

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Attached to
RC-E Very High Frequency Command Network (VCN) Radios and Components Federal contract opportunity
Solicitation number
W912SR25Q0003
Issued by
Department of the Army Materiel Command Army Contracting Command

About this file

This is FAR provision 52.204-26, which requires offerors to make representations regarding covered telecommunications equipment or services. The provision mandates that offerors review the System for Award Management (SAM) for excluded parties and make two key representations: (1) whether they provide covered telecommunications equipment/services as part of their offered products/services, and (2) whether they use covered telecommunications equipment/services or any systems that use such equipment/services after conducting a reasonable inquiry.

This provision is attached to a sole-source solicitation (W912SR25Q0003) from the Army Contracting Command for Very High Frequency Command Network (VCN) Radios and components from Airbus Defence and Space. The requirement is being sole-sourced as Airbus is the only source that can provide radios compatible with NATO requirements. Interested parties may submit capability statements by January 28, 2025 at 4:00 PM, though this is not a request for competitive proposals. The procurement will use Simplified Acquisition Procedures for a firm-fixed price purchase order under NAICS code 334220.

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Text version

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT

2020)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) 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”.

(c) Representations.

(1) The Offeror represents that it [ ___ ] does, [ ___ ] 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.

(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 any equipment, system, or service that uses covered telecommunications equipment or services.

(End of provision)

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