B08_SOL_140FS123Q0135.pdf

Aerial Flights Over Upper Klamath Lake SOLICITATION NO. 140FS123Q0135

FWS

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a separate written solicitation will not be issued.

U.S. Fish and Wildlife Service, Klamath Falls Fish Office has a requirement for Aerial Flights for tracking fish ocated at Upper Klamath Lake. Delivery will be on an as needed basis. The anticipated performance period is from 08/07/2023 to 08/06/2028. If a single award BPA is issued, the government may award a base year, plus four optional years.

This Request for Quotation (RFQ) is a TOTAL SMALL BUSINESS SET ASIDE and is conducted under the procedures of FAR Parts 12 and 13, incorporating provisions and clauses in effect through Federal Acquisition Circular 2023-02. The NAICS code is 481212 and the small business size standard is 1,500 employees.

Instructions All responsible small business sources may submit a quote, which shall be considered by the agency.

The Government will award a sufficient number of BPAs anticipated to meet its needs resulting from this solicitation to a responsible source whose quote conforms to the solicitation, and will be advantageous to the Government when price and other factors are considered. Award will be made to a responsible source pursuant to FAR subpart 9.1.

The following factors will be used to evaluate quotes:

1) Vendor capability

2) Price reasonableness

3) Past Performance

Pricing Description Unit Price/Unit

Flights from Klamath Falls Each Flight Flights from Other Nearby Airports Each Flight

All vendors must provide a quoted rate based on fuel delivery. See attached Statement of Work for details on delivery requirements. New pricing will be quoted on each BPA Call or order and will be based on Oil Price Information Service (OPIS) for the date of fuel delivery.

Please submit your quotation (showing unit price) on company letterhead or the above pricing guide with vendor capability statement, and past performance information. The vendor shall also submit their SAM.gov UEI code and point of contact phone number and e-mail address. Additionally, if your company holds a GSA contract that would apply to this requirement, please provide the contract number. Refer to FAR provision 52.212-1 Instructions to Offerors – Commercial Items for additional submission guidance, and include a copy of FAR provision 52.212-3 Offeror Representations and Certifications -- Commercial Items with applicable sections completed.

Solicitation Questions Due: 07/28/2023 @1700 ET to oscar_orozco@fws.gov Quotes Due: 08/03/2023 @1600 ET E-Mail Quote Submission: oscar_orozco@fws.gov

In order to have a quote considered for award, respondent must be registered at the System for Award Management (SAM) website (https://www.sam.gov) as an active vendor by the time an award decision is necessary.

STATEMENT OF WORK

Type of Service – Aerial Flights for tracking fish in Upper Klamath Lake U.S. Fish and Wildlife Service Klamath Falls Fish and Wildlife Office

1. General:

1.1 The U.S. Fish and Wildlife Service (Service) Klamath Falls Fish and Wildlife Office has a need for aerial flights over Upper Klamath Lake to detect radio tagged fish. The Office is located at 1936 California Ave. Klamath Falls, OR 97601. The work site will be the entirety of Upper Klamath Lake, Klamath County Oregon.

1.2 Purpose/End Application: The Service is conducting a radio telemetry study on stocked fish from the Klamath Falls National Fish Hatchery. Lost River and short nose sucker will be wild caught as larvae and grown to >200mm before release. At this point a subset of the reared fish will be implanted with radio tags. The information of fish movement, habitat use, and survival will be used to change and improve rearing protocols, seasonal and diel timing of stocking, and fish size at stocking. The Service will be responsible for all tracking equipment and tagging of the fish. No Service staff will be onboard the plane.

2. Place of Performance and Period of Performance

2.1 Place of Performance: The project areas includes 61,543 acres of open water habitat along the in Upper Klamath Lake. The Contractor will conduct parallel tracks over the open water habitat of Upper Klamath Lake with a radio receiver and antenna on-board to detect tagged fish.

2.2 Period of Performance: The period of performance will be from approximately 7 August 2023 to 6 August 2022. This includes a one-year Base period.

Base Year: 1 Nov 2021 to 1 Nov 2022

2.3 Normal duty hours Monday thru Friday 8:00 a.m. - 4:30 p.m. In the event of emergencies, Contractor shall provide contact information.

2.4 Non-duty hours include week nights, weekends, and Government holidays (New Year’s Day, Martin Luther King Jr. Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving Day, Christmas Day).’

3. Scope

3.1 Contractor shall fly a predetermined path over Upper Klamath Lake with the provided receiver, data logger, and antenna.

4. Deliverables and/or Delivery Schedule: (for extended list a bid schedule and/or use of line item detail on the PR is recommended)

4.1 Clearly state the deliverables required, the schedule for delivery, the quantities, schedule

(for multiple items). Deliverable is following the flight path with the radio receiver and antenna onboard for each of the project site that has:

• Delivery to the technical coordinator no later than 15 days after each flight,

• Provide flights weekly through a 52-week period,

• Fly for approximately 4-5.5 hours in a given week,

• Fly at approximately 500 feet in elevation over the lake surface,

• Fly at a speed of approximately 80 knots,

• Fly from Klamath Falls or other nearby airport,

• Product deliverable shall be able to be downloaded to a U.S. Fish and Wildlife

Service computer system and shall be considered proprietary data available solely to Service personnel.

4.2 Identify the type of documentation (printed and electronic-such as manuals) to be provided, as well as those quality indicators desired by the Government.

Data shall be provided to the technical coordinator on provided equipment.

5. Data Management Plan (DMP) for Science Data Agency Reference. Not applicable.

6. Government-Furnished Equipment (GFE) / Government-Furnished Information (GFI). The US Fish and Wildlife Service will provide a radio receiver, antenna, and data storage.

7. Evaluation and Acceptance

7.1 The contractor will be evaluated as detailed herein. Government acceptance is contingent upon: Contractor will be evaluated on their ability to follow the flight path and return equipment and data in a timely manner.

8. Quality Control/Quality Assurance:

8.1 For commercial supplies reference clauses for inspection and acceptance. Quality Control will be maintained according to industry standards and made available to the agency upon request.

9. Pricing

9.1 Any pricing submitted shall include a price per trip catalog and shall cover any deliverables mentioned in section 4.1 of this document. (This amount will be revised throughout the life of the agreement at the request of the contractor or quarterly whichever comes sooner).

BLANKET PURCHASE AGREEMENT

U.S. FISH AND WILDLIFE

(1) Description of agreement:

This is a Blanket Purchase Agreement for Aerial flights over Upper Klamath Lake to detect radio tagged fish for the Klamath Falls Fish and Wildlife Office U.S. Fish and Wildlife Service (USFWS) .

The Blanket Purchase Agreements contract will be for a five-year period effective upon date of award.

(2) Extent of obligation:

There is no minimum or maximum guarantee amount under this BPA. This BPA does not obligate funds. Funds will only be obligated on each Order. A BPA is an agreement, not a contract, between the government and the contractor in which neither party is under contractual obligation until an authorized Call (or order) is received and accepted. The act of receiving and accepting an authorized Call creates a contract obligation, which will remain in effect for the duration of work required under the accepted Call. Calls are authorized when they are placed against this BPA by authorized personnel, against authorized line items.

The Government is obligated only to the extent of authorized purchases actually made under the BPA by authorized individuals, and then only to the extent that they are delivered and acceptable to the government. The contractor is cautioned that acceptance of calls from personnel other than those authorized herein may jeopardize payment.

(3) Purchase limitation.

NOT TO EXCEED CEILING: The maximum award amount shall not exceed

$250,000 throughout the life of each BPA.

MAXIMUM ORDER LIMITATION: The maximum order limit is $10,000.00 per call.

MINIMUM ORDER: The minimum order limit is $10.00 per call.

Individual orders placed by an ordering official who is not a Contracting Officer (CO) must not exceed the micro-purchase threshold of $2,500 for services. Only authorized ordering officials are designated to make requests for delivery under the micro-purchase threshold using the GPC as the method of payment. See list of ordering officials below.

http://www.fws.gov/

(4) Individuals authorized to purchase under the BPA.

All USFWS Warranted Contracting Officers are authorized to place calls under this BPA and authorized ordering officials are designated to use the GPC as the method of payment for purchases below the Micro-purchase threshold.

Authorized ordering officials for BPA:

1. Nichols, Christie

2. James Whaling

3. Rodger Gwiazdowski

(5) Delivery tickets. Delivery Tickets or sales slips for this BPA shall contain the following minimum information:

(i) Name of supplier/contractor

(ii) BPA number

(iii) Date of purchase/delivery

(iv) Purchase number

(v) Itemized list of services furnished

(6) Invoices.

A summary invoice shall be submitted at least monthly or upon expiration of this BPA, whichever occurs first, for all deliveries made during a billing period, identifying the delivery tickets covered therein, stating their total dollar value, and supported by receipt copies of the delivery tickets.

Payments will follow IPP electronic payment instructions for BPA Calls. All invoices shall be prepared without the assessment of any local or state taxes. The USFWS is 100% tax exempt. All invoices shall be submitted to U.S. Fish and Wildlife Service, address in the Statement of Work (4. Place of Delivery).

Payment requests must be submitted electronically through the U.S. Department of the Treasury's Internet Payment Platform System (IPP) for all deliveries above the micro purchase threshold.

(7) Ordering Procedures

When a need arises, each contractor with a valid BPA will be contacted for their current price list by an individual authorized to make purchases under this BPA. The order or Call will be awarded to the vendor with the lowest price that can meet the delivery time specified. Prices will be based on established catalog prices provided at the time of bids and are subject to revision quarterly or when requested by the contractor.

(8) Roles and Responsibilities

The BPA Contracting Officer (CO) has the overall responsibility for managing and administering the BPA to include:

• Providing administrative procedures guidance for placing orders

• Conducting annual review of the BPA

AUTHORIZED PERSONNEL issuing Individual Calls are responsible for the following:

• Ensures BPA Call requirements are within the BPA scope, rates and terms

• Accomplish day‐to‐day surveillance of contractor performance

• Inform the CO of any potential performance problems

BPA CONTRACTOR RESPONSIBILITIES

The Contractor under this BPA is responsible for the following:

• Meeting the requirements set forth in the Statement of Work, Ordering Instructions and Terms and Conditions of the BPA

• Submitting quarterly itemized invoices for all Calls currently in progress

(9) BPA Administration

The CO is responsible for administration and management of the BPA. Under no circumstances shall any understanding, agreement, modification or any other action in deviation from the terms and conditions of the BPA be effective or binding upon the Government. The CO is available to answer questions concerning planning and developing BPA Calls, review and approval procedures, and can provide overall guidance, oversight and general information regarding this BPA.

The Contractor and the Authorized Officials are to notify the CO with any personnel changes listed in the contract. The Contracting Officer (CO) is the ONLY official authorized to change any terms and conditions of the BPA. All administration associated with individual BPA Calls will be performed by the Personnel issuing the BPA Call.

Additionally, all official BPA Call files will be maintained at each ordering office.

CONTRACTOR LIABILITY: The Government shall only be responsible for Allowable charges on authorized BPA calls placed by BPA callers, within caller’s specified dollar limitations. Responsibility for charges other than those cited as ”Allowable Charges” under this agreement shall be a matter between the contractor and the person (s) that initiated the call that was not allowable because they were not an authorized BPA caller or it was not within their dollar limitation. Under no circumstances, shall the BPA caller, the USFWS, or any other activity of the Department of the Interior be liable for such charges.

Contracting questions regarding the BPA shall be directed to the assigned Specialist or Contracting Officer. The CO is the only one authorized to make changes under these BPAs.

Any change will be issued in the form of a Modification to the existing Agreements.

(10) Terms and Conditions Accompanying this Agreement

A. Authority

This BPA has been prepared in accordance with the requirements of Federal Acquisition Regulation Part 13.303.

B. Professional Conduct Expectations

1) Confidentiality of Services.

The Contractor shall exercise the utmost discretion regarding all matters relating to the duties and functions of this BPA. The contractor shall not communicate to any person or organization any information known to them because of their performance of services under this agreement that have not been made public, except in the necessary performance of their duties or upon written authorization of the Contracting officer. These obligations do not cease upon the expiration or termination of this agreement.

All documents and records generated during the performance of work under this agreement shall be for the sole use of and become the exclusive property of the U.S. Government.

Furthermore, no article, blog, text message, book, pamphlet, recording, broadcast, speech, television or radio appearance, address or interview, film or photograph concerning any aspect of work, to include the identity of individuals, performed under this agreement shall be published or disseminated through any media or third party without the prior written authorization of the Contracting Officer.

2) Social Media

The Contractor may not post, publish, or otherwise disseminate photographs, materials, or narrative descriptions on social media from any assignment under this Agreement.

C. Consequences for Unacceptable Performance or Conduct

Failure to meet Government expectations, as stated in section (B) above and as listed below, may result in loss of assignment opportunities, termination of an assignment in progress, or termination of the Agreement for cause. The Government determines how to address instances of unacceptable performance or conduct based on the circumstances and the potential and actual impact of each instance including, but not limited to:

1. Fails to offer most favored customer pricing

2. When the Contractor consistently provides poor service.

3. If the Contractor files fraudulent claims

6. If the Contractor demonstrates improper business practices or personal conflicts of interest.

D. BPA Termination

The BPA may be terminated under the following circumstances:

1) By either party with 30 days written notice. In the event of termination, delivery or performance of outstanding orders may continue for a period agreed upon by both parties, after which time any remaining services will be considered cancelled

Figure 1. Upper Klamath Lake with on-ground stations for detecting tagged fish.

ADDITIONAL CONTRACT REQUIREMENTS (PROVISIONS AND CLAUSES)

FAR Provisions by Reference

52.204-7 – System for Award Management (Oct 2018) 52.204-16 – Commercial and Government Entity Code Reporting (Aug 2020) 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021) 52.204-26 Covered Telecommunications Equipment or Services-Representation (Oct 2020)

FAR Provisions – Full Text

52.217-4 -- Evaluation of Options Exercised at Time of Contract Award (Jun 1988)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate the total price for the basic requirement together with any option(s) exercised at the time of award.

(End of Provision)

52.217-5 -- Evaluation of Options (JUL 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

(End of Provision)

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): https://www.acquisition.gov/

(End of provision)

FAR Clauses by Reference

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 Items (Dec 2022) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Mar 2023)

FAR Clauses – Full Text

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Products and Commercial Services (Mar 2023)

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. 3805 note)).

(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 products and commercial services:

[Contracting Officer check as appropriate.]

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 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.)

_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. (Nov 2021) ( 31 U.S.C. 6101 note).

__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) ( 41 U.S.C. 2313).

__ (10) [Reserved].

__ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) ( 15 U.S.C. 657a).

__ (12) 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] _X_ (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)).

__ (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).

__ (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).

_X_ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Mat 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) ( 15U.S.C. 637(a)(17)).

_X_ (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).

_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.

__ (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.

__ (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).

_X_ (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. chapter 78 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.)

__ (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 (Jun2014) 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 (Jun2016) (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) (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).

_X_ (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).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) ( 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).

_X_ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) ( 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. chapter67).

__ (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) ( 29U.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 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).

(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). Flow down required in accordance with paragraph (c) of 52.232-40.

(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.

(End of clause)

52.217-8 Option to Extend Services (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days

(End of Clause)

52.217-9 – Option to Extend the Term of the Contract (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days;

provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five years and six months.

(End of Clause)

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): https://www.acquisition.gov

(End of clause) https://www.acquisition.gov/

Local Clauses

USFWS R7 Environmentally Preferable and Energy-Efficient Products and Services Policy

Whenever cost effective, the contractor should provide products and/or services that are energy efficient, promote water conservation and are bio-based. The use of nonhazardous and recovered materials is encouraged.

Electronic Invoicing and Payment Requirements – Invoice Processing Platform (IPP)

Payment requests must be submitted electronically through the U.S. Department of the Treasury’s Invoice Processing Platform System (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, or the clause 52.212-4 Contract Terms and Conditions – Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:

1. Invoice billed according to contract line items and rates.

2. If final payment is billed, the last invoice shall state “FINAL”

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contract (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) prior to the contract award date, but no more than 3 – 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email IPPCustomerSupport@fiscal.treasury.gov or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

(End of Clause) https://www.ipp.gov/ mailto:IPPCustomerSupport@fiscal.treasury.g

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

As prescribed in 4.2105(a), insert the following provision:

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—

(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, https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.acquisition.gov%2Ffar%2Fpart-4%23FAR_4_2105&data=05%7C01%7Coscar_orozco%40fws.gov%7C2b580f03c72940100bf608db6c4a8e4d%7C0693b5ba4b184d7b9341f32f400a5494%7C0%7C0%7C638222839690030245%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=dSpMo%2BlAEc1b57Ja0RwahdbMWyDvB2yDqeAR1lE6qyQ%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.acquisition.gov%2Ffar%2Fpart-52%23FAR_52_204_26&data=05%7C01%7Coscar_orozco%40fws.gov%7C2b580f03c72940100bf608db6c4a8e4d%7C0693b5ba4b184d7b9341f32f400a5494%7C0%7C0%7C638222839690030245%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=Xvxn%2BG%2FM8jMteP28TvbmYLz1c0mhHFAUygSKVHb1nCs%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.acquisition.gov%2Ffar%2Fpart-52%23FAR_52_212_3&data=05%7C01%7Coscar_orozco%40fws.gov%7C2b580f03c72940100bf608db6c4a8e4d%7C0693b5ba4b184d7b9341f32f400a5494%7C0%7C0%7C638222839690030245%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=LyQIvl8xwsHYZMmPcPJeypV5wTIoEFRwh5i7lA2ZS3w%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.acquisition.gov%2Ffar%2Fpart-52%23FAR_52_204_26&data=05%7C01%7Coscar_orozco%40fws.gov%7C2b580f03c72940100bf608db6c4a8e4d%7C0693b5ba4b184d7b9341f32f400a5494%7C0%7C0%7C638222839690030245%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=Xvxn%2BG%2FM8jMteP28TvbmYLz1c0mhHFAUygSKVHb1nCs%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.acquisition.gov%2Ffar%2Fpart-52%23FAR_52_212_3&data=05%7C01%7Coscar_orozco%40fws.gov%7C2b580f03c72940100bf608db6c4a8e4d%7C0693b5ba4b184d7b9341f32f400a5494%7C0%7C0%7C638222839690030245%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=LyQIvl8xwsHYZMmPcPJeypV5wTIoEFRwh5i7lA2ZS3w%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.acquisition.gov%2Ffar%2Fpart-52%23FAR_52_204_25&data=05%7C01%7Coscar_orozco%40fws.gov%7C2b580f03c72940100bf608db6c4a8e4d%7C0693b5ba4b184d7b9341f32f400a5494%7C0%7C0%7C638222839690030245%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=jsgpyGAL%2FvMXKa4vVoYPnkhHcjAzU%2BcHOs3tgS1n7nw%3D&reserved=0 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);

https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.sam.gov%2F&data=05%7C01%7Coscar_orozco%40fws.gov%7C2b580f03c72940100bf608db6c4a8e4d%7C0693b5ba4b184d7b9341f32f400a5494%7C0%7C0%7C638222839690186464%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=hQTmV4PDuvs76exG3T3%2Bcm8ZgmRbMhvSetPfEhJR1C4%3D&reserved=0

(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…