Attachment_6_FAR_52_204-24_Fill_In.docx
DOCX document 23 KB Posted
- Attached to
- LARO PATROL BOAT RE-POWER
- Solicitation number
- 140P8326Q0044
About this file
This file is a FAR 52.204-24 representation and certification form attachment requiring offerors to disclose their use of covered telecommunications equipment or services in response to Solicitation No. 140P8326Q0044 for the LARO Patrol Boat Re-Power opportunity issued by the Department of the Interior National Park Service Pacific West Region.
The provision implements Section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, prohibiting federal agencies from procuring equipment, systems, or services that use covered telecommunications equipment or services as substantial or essential components or critical technology. Offerors must make two representations: (1) whether they will provide covered telecommunications equipment or services to the government in contract performance, and (2) whether, after reasonable inquiry, they use covered telecommunications equipment or services in their operations. If responding affirmatively to either representation, offerors must provide detailed disclosures including the producing entity information (name, unique entity identifier, CAGE code, OEM or distributor status), complete equipment descriptions (brand, model number, item description), and explanation of proposed use with factors relevant to determining permissibility under the prohibition. The form excludes offerors who have already certified in SAM or other representations that they do not provide or use such covered telecommunications equipment or services. Quoters must complete and submit this provision unless prior certifications in FAR 52.204-26 or 52.212-3 already address these representations.
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Solicitation no. 140P8326Q0044– Attachment no. 5, FAR 52.204-24 Fill-In K.2 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021)
This section requires contractor to fill in and submit with quote unless the offeror has already responded “does not” in Paragraphs (c)(1) and (c)(2) of 52.204–26, Covered Telecommunications Equipment or Services—Representation (OCT 2020) in SAM. Quoter shall refer to Attachment no. 3, “Forms to Submit with Quote” to fill in this provision.
The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products or Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.
(a) Definitions. As used in this provision— Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Prohibition.
| (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year | 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, | from procuring or obtaining, or extending or renewing a contract to procure or obtain, any | equipment, system, or service that uses covered telecommunications equipment or services as a | substantial or essential component of any system, or as critical technology as part of any system. | Nothing in the prohibition shall be construed to— | |||||||
| (i) Prohibit the head of an executive agency from procuring with an entity to provide a | service that connects to the facilities of a third-party, such as backhaul, roaming, or | interconnection arrangements; or | ||||||||||
| (ii) Cover telecommunications equipment that cannot route or redirect user data traffic | or cannot permit visibility into any user data or packets that such | equipment transmits or otherwise handles. | ||||||||||
| (2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year | 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from | entering into a contract | or extending or renewing a contract with an entity that uses any equipment, | system, or service that uses covered | telecommunications equipment or services as a substantial or | essential component of any system, or as critical | technology as part of any system. This | prohibition applies to the use of covered telecommunications equipment or | services, regardless of | whether that use is in performance of work under a Federal contract. Nothing in the prohibition | shall be construed to— | |
| (i) Prohibit the head of an executive agency from procuring with an entity to provide a | service that | connects to the facilities of a third-party, such as backhaul, roaming, or | interconnection arrangements; or | |||||||||
| (ii) Cover telecommunications equipment that cannot route or redirect user data traffic | or cannot permit visibility into any user data or packets that such equipment transmits | or otherwise handles. |
(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) ( https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".
(d) Representation. The Offeror represents that—
| (1) It □ will, □ will not provide covered telecommunications equipment or services to the | Government in the performance of any contract, subcontract or other contractual instrument | resulting from this solicitation. The Offeror shall provide the additional disclosure information | required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this | section; and | ||
| (2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents | that— | |||||
| It □ does, □ does not use covered telecommunications equipment or services, or use any | equipment, system, or service that uses covered telecommunications equipment or services. The | Offeror shall provide the additional | disclosure information required at paragraph (e)(2) of this | section if the Offeror responds "does" in paragraph | (d)(2) of this section. |
(e) Disclosures.
(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment—
| (A) The entity that produced the covered telecommunications equipment (include | entity name, unique entity identifier, CAGE code, and whether the entity was the | original equipment manufacturer (OEM) or a distributor, if known); | |
| (B) A description of all covered telecommunications equipment offered (include | brand; model number, such as OEM number, manufacturer part number, or | wholesaler number; and item description, as applicable); and | |
| (C) Explanation of the proposed use of covered telecommunications equipment | and any factors relevant to determining if such use would be permissible under | the prohibition in paragraph (b)(1) of this provision. |
(ii) For covered services—
| (A) If the service is related to item maintenance: A description of all covered | telecommunications services offered (include on the item being maintained: | Brand; model number, such as OEM number, manufacturer part number, or | wholesaler number; and item description, as applicable); | or | ||||
| (B) If not associated with maintenance, the Product Service Code (PSC) of the | service being provided; and explanation of the proposed use of covered | telecommunications services and any factors relevant to determining if such use | would be permissible under the prohibition in paragraph (b)(1) of this provision. | |||||
| (2) Disclosure for the representation in paragraph (d)(2) of this 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 identifier, CAGE code, and whether the entity was the | 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)(2) 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 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)(2) of this provision. |
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