B-2 RFQ attachment - FAR provisions.pdf

52.204-20 Predecessor of Offeror (Aug 2020)

(a) Definitions. As used in this provision–

Commercial and Government Entity (CAGE) code means–

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

(b) The Offeror represents that it □ is or □ is not a successor to a predecessor that held a Federal contract or grant within the last three years.

(c) If the Offeror has indicated “is” in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):

Predecessor CAGE code: (or mark “Unknown”).

Predecessor legal name: (Do not use a “doing business as” name).

(End of provision)

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.

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—

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.

(END OF PROVISION)

52.204-26 Covered Telecommunications Equipment or Services-Representation.

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) (1) Representation. 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)

52.209-11. Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that–

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that–

(1) It is □ is not □ a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is □ is not □ a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(End of provision)