COMBINED SYNOPSIS - FUEL CARDS SERVICE MARCH -13March2024.pdf

COMBINED SYNOPSIS & SOLICITATION

United States Embassy Dar Es Salaam, Tanzania.

Fuel and Fuel Cards Supply for American Embassy, Dar Es

Salaam.

SOLICITATION NUMBER 19TZ2024Q0007

Issued by:

American Embassy General Services Office Dar Es Salaam – Tanzania.

U.S. Embassy Dar es Salaam Date: March 12, 2024

Combined Synopsis and Solicitation Solicitation Number 19TZ2024Q0007

The American Embassy in Dar Es Salaam, Tanzania hereby provides the following Combined Synopsis and Solicitation for:

Supply of fuel using a Fuel Card System for the U.S. Embassy Dar Es Salaam. All interested offerors shall review the solicitation and offer service in accordance with the specification provided in this document.

The evaluation of offers will be based on the Lowest-Priced, Technically Acceptable (LPTA) approach. It is the offeror’s responsibility to prove that the equipment it is offering meets the requested specifications.

Quotations are due by April 25, 2024, at 17:00 local time. No quotations will be accepted after this time. Proposals must be in English and incomplete proposals will not be accepted.

Your quotation must be submitted electronically to DarGSOProcurement@groups.state.gov It is important to make sure the submission is made in specific size and format; in MS-Word 2007/2010 or MS-Excel 2007/2010 or Adobe Acrobat (pdf) file format. The file size must not exceed 30MB. If the file size should exceed the 30MB, the submission must be made in separate files and attached to separate emails with less than 30MB each.

In order for a quotation to be considered, you must also complete and submit the following:

(i) SF-1449

(ii) 4. Pricing

(iii) Proof of SAM Registration.

All contractors must be registered in the SAM (System for Award Management) Database https://www.sam.gov prior to submitting an offer pursuant to FAR provision 52.204-7.

Therefore, prospective offerors are encouraged to register prior to the submittal of quotations/proposals.

Synopsis:

This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in FAR Subpart 12.6, 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. The solicitation number 19TZ2024Q0007 and is issued as a Request for Quotations (RFQ), unless otherwise indicated herein.

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2024-03 effective February 23, 2024. This requirement is using simplified acquisition procedures.

mailto:DarGSOProcurement@groups.state.gov

Contract Type:

The contract type shall be a fixed price with economic price adjustment indefinite quantity/indefinite delivery under which firm fixed-price delivery orders may be placed.

The Government intends to award a single, firm fixed-price purchase order/ contract to the responsible offeror whose offer is evaluated as the lowest-priced and technically acceptable. The price shall be of EWURA Cap, minus any discounts offered on the cap, for the purpose of the cost analysis for contract award determination. EWURA Cap prices will be considered for each individual firm fixed price task order issued under the contract.

Term of Contract:

This contract shall be effective from the date of the Contracting Officer’s signature and shall remain valid until all items are received and accepted by the Government.

I. SCOPE OF WORK

For each month of the contract, the U.S. Government expects but does not guarantee a minimum fifteen thousand (15,000) of diesel and two thousand (2,000) Liters of Petrol. The maximum amount of fuel to be dispensed in vehicles each month of the contract shall not exceed twenty thousand (20,000) liters of diesel and four thousand (4,000) liters of petrol. This is only an estimate. A contractor shall provider a valid business license, including:

A. SAM (System for Award Management) active registration and Unique Entity ID (UEI) from https://www.sam.gov

B. Business licenses from the Tanzania Revenue Authority.

C. Must be in good standing with the Credit Bureau.

The Contracting Officer may issue oral order on dispensing amount increase that will be confirmed in writing later. The Contracting Officer Representative (COR) may issue a written request approved by the Contracting Officer that should not exceed the quantity on the balance thereof stated in the paragraph one.

The fuel provided will be of standards and regulatory authorities in Tanzania, in this case, the Tanzania Bureau of Standards (TBS) and Energy Water Utilities Regularity Authority (EWURA). The TBS standard is 674: 2009. The Diesel is grade 500ppm, with a level of Sulphur at 0.05% by weight. For supply and delivery of the fuel, the Contractor shall be paid the fixed price per unit as listed above.

This price is not to exceed any official rate, as set by laws enacted by the government of Tanzania.

https://www.sam.gov/

The contractor shall offer Fuel Card system to be used for refueling diesel and petrol numbering up to over one hundred (100) at fuel stations within the geographical boundaries of Tanzania. The Fuel Card system shall be a web-based computerized system with security structures that will provide near real-time data of fuel use. The contractor shall provide all Fuel Cards throughout the duration of the contract. The contractor shall provide number and locations of all the petrol stations around the country where the cards are acceptable including the partners fuel stations if any. The contractor shall provide at least one emergency card that will be used for any vehicle or Machinery (New vehicles) when the process of cards for new vehicles or Machinery is being processed. The emergence card will have the capacity of refueling all oil-based products the Embassy is using (Petrol and Diesel).

Insurance: Contractor shall provide proof of insurance coverage for all fuel stations where vehicles will be driven onto the contractor fuel station; workers compensation for all Contractor employees according to statutory limits; and for general liability against all loss of property, against personal injury or death and to defend against third party claims including both defense cost and judgment costs.

The Contractor’s insurance must provide that the Contractor will indemnify and hold harmless the Department of State of the Government of the United States and its agents, against all claims arising from negligent acts of the Contractor.

Local Law Registration: If the local law or decree requires that one or both parties to the contract register the contract with the designated authorities to ensure compliance with this law or decree, the entire burden of this registration shall rest upon the Contractor. Any local or other taxes which may be assessed against the contract shall be payable by the Contractor without Government reimbursement.

2. CARDS MANAGEMENT AND SUPERVISISON

The Contractor shall provide pin code linked to each U.S. Government vehicle tag number for better supervision and management of the fuel consumption. The contractor shall designate a contract manager. This contract manager shall be the focal point for the contract and shall be the point of contact with U.S. Government personnel during the entire contract.

PRICE ADJUSTMENT:

(a) The unit price per liter of diesel and petrol may be adjusted based on increases or decreases in the official price of Petrol/ Diesel, mandated by the government of Tanzania.

(b) To request an adjustment in price, the Contractor must provide written notification of the price change to the Contracting Officer at least one week before the new price is to be effective. This notification must be accompanied by a copy of the official announcement of the price change, showing the new price and its effective date. The officer or general partner of the Contractor having overall responsibility for the Contractor's affairs shall certify the submission by written signature.

(c) The U.S. Government will make no adjustment to the contract price that relates to any wages, overhead, fixed costs, general and administrative expenses, materials, or profit. Only the amount which is a direct result of an increase or decrease in the price of oil to be dispensed under this contract shall be considered by the U.S. Government as the basis for contract price adjustments.

(d) The Contractor may not request an adjustment after final payment has been made under this contract.

(e) This contact shall only apply to laws enacted by the government of Tanzania which meet the criteria set forth above. The U.S. Government will make no adjustments in contract price due to currency devaluations or fluctuations in exchange rates.

3 EVALUATION FACTORS

Award will be made to the lowest priced, acceptable, responsible offeror. Proposals shall include a completed solicitation. The Government reserves the right to reject proposals that are unreasonably low or high in price.

The lowest price will be determined by multiplying the offered prices times the estimated quantities.

Acceptability will be determined by assessing the offeror's compliance with the terms of the RFP.

Responsibility will be determined by analyzing whether the apparent successful offeror complies with the requirements of FAR 9.1, and the offeror shall address each item below in their quotation, including:

• Adequate financial resources or the ability to obtain them.

• Ability to comply with the required performance period, taking into consideration all existing commercial and governmental business commitments.

• Satisfactory record of integrity and business ethics.

• Necessary organization, experience, and skills or the ability to obtain them.

• Necessary equipment and facilities or the ability to obtain them; and

• Be otherwise qualified and eligible to receive an award under applicable laws and regulations.

• The contractor shall obtain and complete all required government registration certificates, permits and licenses to perform business in Tanzania (e.g. BRELA, EWURA, TRA etc.)

• Fuel cards system

• Safety standards.

• Office premises with physical address in Tanzania

• Coverage network map identifying the locations of all the active fuel stations owned in

Tanzania.

• List of all the active fuel stations owned in Tanzania including Station Name, address, phone and manager information.

652.232-70 PAYMENT SCHEDULE AND INVOICE SUBMISSION (FIXED-PRICE)

(AUG 1999)

(a) General

The Government shall pay the contractor as full compensation for fuel dispensed to USG vehicles and other product supplied and accepted under this contract in previously month.

(b) Invoice Submission.

The Contractor shall submit a copy of the appropriate Task Order with their Tax Invoices electronically to darfmoinvoices@state.gov and one original to the office identified in Block 18b of the SF-1449. To constitute a proper invoice, the invoice shall include all the items required by FAR 32.905(e).

All invoices must be sent through the app called myILMS. Visit below link using google chrome Web browser to request access. This system is mandatory for all our suppliers and there is NO charge to register.

https://mygrants.servicenowservices.com/procurement?id=account_request .

Download the Google Authenticator App to your smartphone. (You will need this app to access the portal)

For further inquiries, please reach out through +255 677 679 555 or +255 677 681 161.

Your invoice must reflect what is outlined in the purchase order which reflect your proforma invoice/quote. Invoice must include your bank details and copy of the official

To constitute a proper invoice, the invoice shall include all the oil product and correct amount supplied to the USG vehicles.

The Contractor shall show Value Added Tax (VAT) as a separate item on invoices submitted for payment.

VAT Registered vendor please submit hardcopy of your fiscal invoice /TRA receipt to below address.

MAILING Address:

US Embassy Dar es Salaam Attention: Voucher Examination Section Budget and Fiscal Office PO Box 9123, Dar es Salaam

(c) Contractor Remittance Address. The Government will make payment to the contractor’s address stated on the cover page of this contract, unless a separate remittance address is shown below:

https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fmygrants.servicenowservices.com%2Fprocurement%3Fid%3Daccount_request&data=05%7C01%7CDarGSOProcurement%40groups.state.gov%7C071a137b91f04cd2a32808db045f1bd3%7C66cf50745afe48d1a691a12b2121f44b%7C0%7C0%7C638108578755356828%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=NDRYptWon2AuUcqlQDP%2FIPX1sWekHWtJH0%2Bb8UAQhBE%3D&reserved=0

APPLICABLE CLAUSES AND PROVISIONS

The full text of the referenced FAR and DOSAR clauses may be accessed electronically at https://www.acquisition.gov/content/regulations.

The selected Offeror must comply with the following commercial item terms and conditions, which are incorporated herein by reference: FAR 52.212-1, Instructions to Offerors - Commercial Products and Commercial Services applies to this acquisition; FAR 52.212-2, Evaluation – Commercial Products and Commercial Services; FAR 52.212-3, Offeror Representations and Certifications - Commercial Products and Commercial Services and FAR 52.204-24 – Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment to be completed with other certifications and submitted with the offer; FAR 52.212-4, Contract Terms and Conditions - Commercial Products and Commercial Services, 52.203-18; 52.204-7; 52.204-13; 52.204-16;

52.204-18; 52.211-6; 52.232-40; 52.247-34; DOSARS 652.232-70; 652.242-73; 652.243-70;

652.247-70; 652.247-71. [U.S Based Company: 652.229-70].

Addendum to FAR 52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services (Dec 2022)

The whistleblower protection of 41 U.S.C 4712 has been removed from paragraph (r) of FAR clause 52.212-4. The following revised paragraph applies:

(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.

(End of Clause)

FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Products and Commercial Services - the applicable clauses under paragraph (b) are:

52.204-10; 52.209-6; 52.222-19; 52.222-50; 52.223-18; 52.225-13; 52.232-33; [U.S Based Company: 52.222-21; 52.222-26; 52.222-36].

The following clauses and provision(s) are provided in full text:

Addendum to FAR 52.212-2 Evaluation – Commercial Products and Commercial Services (Nov 2021)

The Government will award a contract resulting from this solicitation to the responsible offeror (as determined within the meaning of FAR Part 9, paragraph 9.104), whose offer conforms to the solicitation and is determined to be the most advantageous solution to the Government, price and other factors considered. Evaluation will be based on offeror’s submission and the provision at FAR 52.212-2, as provided in this solicitation.

The Government reserves the right to award without any discussions. The following factors shall be used to evaluate offers:

(a) The following factors shall be used to evaluate offers:

(i) Price The price will be evaluated by the lowest aggregate sum of the items including any delivery charges, VAT (if applicable) etc.

(ii) Technical Capability/Acceptability

(b) 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.

(End of provision)

FAR 52.211-6 BRAND NAME OR EQUAL (AUG 1999)

(a) If an item in this solicitation is identified as "brand name or equal," the purchase description reflects the characteristics and level of quality that will satisfy the Government’s needs. The salient physical, functional, or performance characteristics that "equal" products must meet are specified in the solicitation.

(b) To be considered for award, offers of "equal" products, including "equal" products of the brand name manufacturer, must-

(1) Meet the salient physical, functional, or performance characteristic specified in this solicitation.

(2) Clearly identify the item by-

(i) Brand name, if any; and

(ii) Make or model number.

(3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and

(4) Clearly describe any modifications the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modifications.

(1) On the date specified for receipt of offers if award is based on initial offers; otherwise

(2) On the date specified for receipt of proposal revisions.

(c) The Contracting Officer will evaluate "equal" products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer.

(d) Unless the offeror clearly indicates in its offer that the product being offered is an "equal" product, the offeror shall provide the brand name product referenced in the solicitation.

52.214-34 Submission of Offers in the English Language (Apr 1991) Offers submitted in response to this solicitation shall be in the English language. Offers received in other than English shall be rejected.

(End of Provision)

52.225-17 Evaluation of Foreign Currency Offers (Feb 2000)

If the Government receives offers in more than one currency, the Government will evaluate offers by converting the foreign currency to United States currency using http://ice.cgfs.state.sbu in effect as follows:

(1) On the date specified for receipt of offers if award is based on initial offers; otherwise On the date specified for receipt of proposal revisions.

Addendum to FAR 52.212-1 Instructions to Offerors - Commercial Products and Commercial Services (March 2023)

Pursuant to FAR 12.302(d), the provision at FAR 52.212-1, Instruction to Offerors – Commercial Product and Commercial Services (March 2023) is augmented as follows:

Preparation of Offers - Offerors shall prepare and submit its offer in one (1) volume as set forth below.

4. PRICING

Base Year

Estimated Quantity/Year

Unit Price (TZS)

TOTAL (TZS)

001 Diesel 180000 Liters /per liter 002 Petrol 24000 Liters /per liter 003 Fuel Card Management

System 12 Times /per month

Value Added Tax 18% Total Base Year

The following solicitation provisions apply to this acquisition:

NUMBER TITLE DATE

52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

SEP 2023

52.212-3 OFFEROR REPRESENTATIONS AND

CERTIFICATIONS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES

Nov 2023

52.212-4 CONTRACT TERMS AND CONDITIONS—

COMMERCIAL ITEMS

NOV 2021

Offerors must complete annual representations and certifications on-line at https://www.sam.gov, in accordance with FAR 52.212-3, “Offerors Representations and Certifications–Commercial Items.” If paragraph (j) of the provision is applicable, a written submission is required.

A. CLAUSES FOR PURCHASE ORDERS AND BLANKET PURCHASE

AGREEMENTS AWARDED BY OVERSEAS CONTRACTING ACTIVITIES

(Current thru FAC 2022-05, effective 03/2022)

COMMERCIAL ITEMS

52.2522 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This purchase order or BPA incorporates the following 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 address: Acquisition.gov this address is subject to change.

DOSAR clauses may be accessed at: https://acquisition.gov/dosar https://acquisition.gov/browse/index/far https://acquisition.gov/dosar

FEDERAL ACQUISTION REGULATION (48 CFR CHAPTER 1) CLAUSES:

NUMBER TITLE DATE

52.204-7 SYSTEM FOR AWARD MANAGEMENT

OCT 2018

52.204-9 PERSONAL IDENTITY VERIFICATION OF

CONTRACTOR PERSONNEL

JAN 2011

52.204-13 SYSTEM FOR AWARD MANAGEMENT

MAINTENANCE

OCT 2018

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY

CODE REPORTING

AUG 2020

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY

CODE MAINTENANCE

AUG 2020

52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

SEP 2023

52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES

Nov 2021

52.212-3 OFFEROR REPRESENTATIONS AND

CERTIFICATIONS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES

Nov 2023

52.212-4 CONTRACT TERMS AND CONDITIONS—

COMMERCIAL ITEMS

NOV 2021

52.223-17 AFFIRMATIVE PROCUREMENT OF EPA-

DESIGNATED ITEMS IN SERVICE AND

CONSTRUCTION CONTRACTS

AUG 2018

52.225-19 CONTRACTOR PERSONNEL IN A DIPLOMATIC

OR CONSULAR MISSION OUTSIDE THE UNITED

STATES

MAY 2020

52.227-19 COMMERCIAL COMPUTER SOFTWARE LICENSE

DEC 2007

52.228-3 WORKERS’COMPENSATION INSURANCE

JUL 2014

52.228-4 WORKERS’ COMPENSATION AND WAR-HAZARD

INSURANCE

APR 1984

52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS

JAN 2022

52.246-26 REPORTING NONCONFORMING ITEMS

NOV 2021

The following clauses are provided in full text:

52.204-24 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, 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— https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_204_25

(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.

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT

(NOV 2021)

(a) Definitions . As used in this clause— Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People’s Republic of China.

Covered telecommunications equipment or services means–

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment ; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country .

Critical technology means–

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology;

or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment , parts and components, materials , software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment , and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material );

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data ) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(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. The Contractor is prohibited from providing to the Government 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, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(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, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

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 .

(c) Exceptions. This clause does not prohibit contractors from providing—

(1) A service that connects to the facilities of a third-party, such as backhaul , roaming , or interconnection arrangements ; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer , unless elsewhere in this contract are established procedures for reporting the information ; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer (s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause

(i) Within one business day from the date of such identification or notification:

the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known);

brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended.

In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services , and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services .

https://www.acquisition.gov/far/part-4#FAR_4_2104 https://www.acquisition.gov/far/part-4#FAR_4_2104 https://dibnet.dod.mil/ https://dibnet.dod.mil/

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products or commercial services.

(End of clause)

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)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS- COMMERCIAL

ITEMS (NOV 2021)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v)) of this provision.

(a) Definitions . As used in this provision— "Covered telecommunications equipment or services " has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment .

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

Forced or indentured child labor means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror , or that owns or controls one or more entities that control an immediate owner of the offeror . No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror , that has direct control of the offeror . Indicators of control include, but are not limited to, one or more of the following:

ownership or interlocking management, identity of interests among family members, shared facilities and equipment , and the common use of employees.

Inverted domestic corporation , means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Manufactured end product means any end product in product and service codes (PSCs) 1000- 9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials ;

(2) Product or Service Group (PSG) 87, Agricultural Supplies ;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials ;

(6) PSC 9430, Miscellaneous Crude Animal Products , Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products ;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials .

Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture .

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

Reasonable inquiry has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment .

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment , as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim

(3) Consist of providing goods or services to marginalized populations of Sudan ;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended. "Sensitive technology "— Sensitive technology —

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

Service-disabled veteran-owned small business concern —

(1) Means a small business concern —

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service connected, as defined in 38 U.S.C. 101(16).

Small business concern —

(1) Means a concern, including its affiliates , that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation .

(2) Affiliates , as used in this definition , means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

Small disadvantaged business concern , consistent with13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition , that—

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by—

(i) One or more socially disadvantaged (as defined at13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States ; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR124.104(c)(2);

and http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101&num=0&edition=prelim

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition .

Subsidiary means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation 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.

Veteran-owned small business concern means a small business concern —

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States .

Women-owned small business concern means a small business concern —

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

(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 Products and Commercial Services, have been entered or…