Combined_Synopsis_N4044326Q0031.pdf
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- USNS KAISER Fairlead Rollers
- Solicitation number
- N4044326Q0031
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This is a Military Sealift Command (MSC) Combined Synopsis and Solicitation Notice for a Request for Quotes (RFQ) issued under simplified acquisition procedures for non-commercial items.
The solicitation seeks 2 units of a NAVSEA-FAIRLEADER ASSEMBLY (Metso USA Inc. part number X111F-475-2158-SS3-H43A / CAT # 700006009) on a firm-fixed-price basis. Quoters must include Section 232 tariffs, wood packaging, Department of Defense unique identification, and shipping in their pricing. The deadline for quote submission is Thursday, May 14, 2026, at 1300 hours Pacific Time via email to jorge.a.soto17.civ@us.navy.mil (primary) or amador.r.estrada.civ@us.navy.mil (alternate), with the RFQ number N4044326Q0031 annotated in the subject line. All items must be new and delivered no later than Monday, November 16, 2026, to MSC BATS Warehouse in San Diego, California, with FOB Destination shipping terms. Quoters must provide manufacturing lead time, estimated delivery date, unit pricing inclusive of shipping, total firm-fixed price, discount terms, and technical submission requirements confirming the quoted parts match solicitation specifications. Item Unique Identification (IUID) charge is required for parts with a unit price of $5,000 or more. Award will be made to the lowest priced technically acceptable quoter based on technical capability and price evaluation. The solicitation incorporates numerous Federal Acquisition Regulation and Defense Federal Acquisition Regulation Supplement provisions and clauses effective through FAC 2026-01 and DFARS Publication Notice 20251110, including requirements for representations and certifications, telecommunications equipment prohibitions, child labor compliance, and Wood Packaging Material standards.
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| File | Type | Posted |
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| ATT-2_150650.jpg | JPG image | |
| ATT-1_5904195.pdf | ||
| Combined_Synopsis_N4044326Q0031_REV-1.pdf | ||
| N104D-26Q0031 Fairlead Roller Limited Source_Signed_Redacted.pdf | ||
| Provisions_and_Clauses_N4044326Q0031.xlsx | XLSX spreadsheet |
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Military Sealift Command Combined Synopsis and Solicitation Notice Information
I. General Information
1. This is a combined synopsis/solicitation for Non-Commercial items prepared in accordance with Part 13-
Simplified Acquisition Procedures, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.
2. Solicitation number is N4044326Q0031 and is being issued as a Request for Quotes (RFQ).
3. The solicitation document and incorporated provisions and clauses are those in effect through:
a. Federal Acquisition Circular (FAC) 2026-01, effective 03/13/2026, located at https://www.acquisition.gov/browse/index/far
b. DFARS Publication Notice 20251110, effective 11/10/2025 located at https://www.acq.osd.mil/dpap/dars/change_notices.html
4. The table below lists the Contract Line-Item Number(s) (CLIN), item descriptions, quantities, and units of measure.
CLIN
Manufacturer P/N Description U/I QTY
0001 METSO USA
INC
X111F-475-2158-SS3-H43A /
CAT # 700006009
NAVSEA-FAIRLEADER
ASSEMBLY EA 2
Note: Include Section 232 tariffs (see Trade Expansion Act of 1962), wood packaging, DOD unique identification, and Shipping in the prices of the items listed above - not as a separate line item. If separately priced, the quote may be non-responsive. Tariff changes after issuance of a quote may be subject to an equitable adjustment
5. It is anticipated that a firm-fixed price (FFP) purchase order (PO) will be issued in response to this RFQ.
Commercial financing is not applicable to this procurement.
6. Shipping.
(i) Offerors to provide the earliest possible date of delivery. All items shall be delivered no later than Monday, 16
November 2026.
(ii) Mark each package for shipment with the following information:
Mark for: USNS HENRY J. KAISER (T-AO 187) Legacy PR Number: TBD
Ship To:
MSC BATS Warehouse 9284 Balboa Ave San Diego, CA 92123 Attn: Mr. Blake Nam Phone: 858-694-0307 Alt. Phone: 858-569-5170 MSCPAC_BATS@us.navy.mil
(iii) IUID charge is required for parts with a unit price of $5,000.00 or more (See 252.211-7003 full text below). If not charging for IUID, so state.
https://www.acquisition.gov/browse/index/far https://www.acq.osd.mil/dpap/dars/change_notices.html mailto:MSCPAC_BATS@us.navy.mil
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(iv) All parts are to be NEW (unless otherwise stated)
7. The required delivery and acceptance date is as soon as possible or state specific date.
a. Provide manufacturing lead time ARO & estimated delivery date in your quote.
8. Delivery and acceptance will occur at the above-named location.
9. Shipping is FOB Destination.
II. Instructions to Offerors
1. After receipt of quotes the Government may, with or without notice, negotiate with and, if desired, seek quote revisions from as many or as few quoters as it, in its discretion, deems appropriate.
2. The term “offeror” or “offer” shall be understood to mean “quoter” and “quote,” respectively. Further, the term
“award” shall be understood to describe the Government’s issuance of an order.
3. The Government will consider all quotes that are timely received and may consider late quotes. Failure of a quote to address any items listed in the attached submission package may make a quote unacceptable.
4. Quoters shall provide the following, as part of the quote submission package, no later than the required time and date for quote submission:
a. Price quote which identifies the requested item(s), unit price inclusive of shipping (if any), and extended price
b. Total Firm Fixed price
c. Any Discount Terms
d. Estimated time of delivery
e. Technical Submission Requirements
i. For Parts/Supply buy, the quote shall contain a description including part number and title for each item listed in the solicitation to allow the Government to verify that the quoted parts match the requirements listed in the requirements schedule.
ii. For a Services buy, the quote shall contain all pre-award submission/certification requirements as defined in the statement of work (SOW).
iii. Indicate principal place of performance and country of product origin.
5. Responses to the RFQ are due as noted below:
a. Date: Thursday, 14 May 2026
b. Time: 1300 Hours, Pacific Time
c. Email offers to:
Primary: jorge.a.soto17.civ@us.navy.mil Alternate: amador.r.estrada.civ@us.navy.mil
d. To facilitate the receipt and timely processing of an offerors’ offer, please ensure that the RFQ
NUMBER IS ANNOTATED IN THE SUBJECT LINE OF THE EMAIL. Failure to do so may preclude consideration of an offeror’s quote.
mailto:jorge.a.soto17.civ@us.navy.mil mailto:amador.r.estrada.civ@us.navy.mil
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e. To be considered timely, an E-mail quote must be received in its entirety in the designated E-mail inboxes by the due date and time for quote submission. Quotes received after that time will be considered at the Government’s sole discretion. Please reference the solicitation number on your quote.
f. Quotes shall be in either Adobe or Microsoft Office format.
g. Applicable Defense Priorities and Allocation System (DPAS) rating: NA (or add if applicable)
h. See attached “Provisions and Clauses” for additional FAR and DFARS provisions and clauses that are applicable to this acquisition. Select provisions and clauses are provided in Part IV below.
i. For additional information regarding this solicitation contact Jorge Soto at jorge.a.soto17.civ@us.navy.mil and Rey Estrada at amador.r.estrada.civ@us.navy.mil
III. Basis for Award:
(a) The Government may issue a purchase order resulting from this solicitation to the responsible quoter whose quote conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate quote:
(i) technical capability of the item quoted to meet the Government requirement;
(ii) price;
Award shall be made to the lowest priced technically acceptable quoter.
To be considered a technically acceptable solution for a parts procurement, the quoted parts shall meet the solicitation requirements including required parts, delivery dates, and terms and conditions stated in the solicitation. To be considered a technically acceptable solution for a service, the quoted service shall meet the solicitation requirements including terms and conditions stated in the solicitation. The quote shall state that all aspects of the technical requirement, including required delivery date and part numbers, can be met.
The government will evaluate quoted pricing for reasonableness in accordance with FAR 13.203(a).
(b) To consummate a binding contract between the parties, the successful quoter shall accept the purchase order in writing (see FAR 2.101).
IV. Provisions and Clauses
52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2025).
(a)(1)The North American Industry Classification System (NAICS) code for this acquisition is 339999 All Other Miscellaneous Manufacturing.
(2)The small business size standard is 550.
(3)The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519 if the acquisition—
(i)Is set aside for small business and has a value above the simplified acquisition threshold;
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(ii)Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or
(iii)Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.
(b)(1)If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.
(2)If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:
(i)□ Paragraph (d) applies.
(ii)□ Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.
(c)(1)The following representations or certifications in SAM are applicable to this solicitation as indicated:
(i)52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless–
(A)The acquisition is to be made under the simplified acquisition procedures in part 13;
(B)The solicitation is a request for technical proposals under two-step sealed bidding procedures; or
(C)The solicitation is for utility services for which rates are set by law or regulation.
(ii)52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.
(iii)52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation. This provision applies to all solicitations.
(iv)52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.
(v)52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that-
(A)Are not set aside for small business concerns;
(B)Exceed the simplified acquisition threshold; and
(C)Are for contracts that will be performed in the United States or its outlying areas.
(vi)52.204-26, Covered Telecommunications Equipment or Services-Representation. This provision applies to all solicitations.
(vii)52.209-2, Prohibition on Contracting with Inverted Domestic Corporations-Representation.
https://www.acquisition.gov/far/part-52#FAR_52_204_7 https://www.acquisition.gov/far/part-52#FAR_52_204_7 https://www.acquisition.gov/far/part-52#FAR_52_203_2 https://www.acquisition.gov/far/part-13#FAR_Part_13 https://www.acquisition.gov/far/part-52#FAR_52_203_11 https://www.acquisition.gov/far/part-52#FAR_52_203_18 https://www.acquisition.gov/far/part-52#FAR_52_204_3 https://www.acquisition.gov/far/part-52#FAR_52_204_7 https://www.acquisition.gov/far/part-52#FAR_52_204_5 https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_209_2
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(viii)52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.
(ix)52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.
(x)52.214-14, Place of Performance-Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.
(xi)52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.
(xii)52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).
(A)The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.
(B)The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.
(C)The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.
(xiii)52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).
(xiv)52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.
(xv)52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.
(xvi)52.222-38, Compliance with Veterans’ Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial products or commercial services.
(xvii)52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of biobased products in USDA-designated product categories; or include the clause at 52.223-2, Reporting of Biobased Products Under Service and Construction Contracts.
(xviii)52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA–designated items.
(xix)52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-Representation. This provision applies to solicitations that include the provision at 52.204-7.
(xx)52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.
(xxi)52.225-4, Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Basic, Alternates II and III.)
This provision applies to solicitations containing the clause at 52.225-3.
https://www.acquisition.gov/far/part-52#FAR_52_209_5 https://www.acquisition.gov/far/part-52#FAR_52_209_11 https://www.acquisition.gov/far/part-52#FAR_52_214_14 https://www.acquisition.gov/far/part-52#FAR_52_215_6 https://www.acquisition.gov/far/part-52#FAR_52_219_1 https://www.acquisition.gov/far/part-19#FAR_Part_19 https://www.acquisition.gov/far/part-19#FAR_19_000 https://www.acquisition.gov/far/part-52#FAR_52_219_2 https://www.acquisition.gov/far/part-19#FAR_Part_19 https://www.acquisition.gov/far/part-19#FAR_19_000 https://www.acquisition.gov/far/part-52#FAR_52_222_22 https://www.acquisition.gov/far/part-52#FAR_52_222_26 https://www.acquisition.gov/far/part-52#FAR_52_222_25 https://www.acquisition.gov/far/part-52#FAR_52_222_26 https://www.acquisition.gov/far/part-52#FAR_52_222_38 https://www.acquisition.gov/far/part-52#FAR_52_223_1 https://www.acquisition.gov/far/part-52#FAR_52_223_2 https://www.acquisition.gov/far/part-52#FAR_52_223_4 https://www.acquisition.gov/far/part-52#FAR_52_223_22 https://www.acquisition.gov/far/part-52#FAR_52_204_7 https://www.acquisition.gov/far/part-52#FAR_52_225_2 https://www.acquisition.gov/far/part-52#FAR_52_225_1 https://www.acquisition.gov/far/part-52#FAR_52_225_4 https://www.acquisition.gov/far/part-52#FAR_52_225_3
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(A)If the acquisition value is less than $50,000, the basic provision applies.
(B)If the acquisition value is $50,000 or more but is less than $100,000, the provision with its Alternate II applies.
(C)If the acquisition value is $100,000 or more but is less than $102,280, the provision with its Alternate III applies.
(xxii)52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225- 5.
(xxiii)52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan-Certification. This provision applies to all solicitations.
(xxiv)52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. This provision applies to all solicitations.
(xxv)52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.
(2)The following representations or certifications are applicable as indicated by the Contracting Officer:
[Contracting Officer check as appropriate.]
__ (i)52.204-17, Ownership or Control of Offeror.
__ (ii)52.204-20, Predecessor of Offeror.
__ (iii)52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.
__ (iv)52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment- Certification.
__ (v)52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Certification.
__ (vi)52.227-6, Royalty Information.
__ (A)Basic.
__ (B)Alternate I.
__ (vii)52.227-15, Representation of Limited Rights Data and Restricted Computer Software.
(d)The offeror has completed the annual representations and certifications electronically in SAM website accessed through https://www.sam.gov. After reviewing the SAM information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
https://www.acquisition.gov/far/part-52#FAR_52_225_6 https://www.acquisition.gov/far/part-52#FAR_52_225_5 https://www.acquisition.gov/far/part-52#FAR_52_225_5 https://www.acquisition.gov/far/part-52#FAR_52_225_20 https://www.acquisition.gov/far/part-52#FAR_52_225_25 https://www.acquisition.gov/far/part-52#FAR_52_226_2 https://www.acquisition.gov/far/part-52#FAR_52_204_17 https://www.acquisition.gov/far/part-52#FAR_52_204_20 https://www.acquisition.gov/far/part-52#FAR_52_222_18 https://www.acquisition.gov/far/part-52#FAR_52_222_48 https://www.acquisition.gov/far/part-52#FAR_52_222_52 https://www.acquisition.gov/far/part-52#FAR_52_227_6 https://www.acquisition.gov/far/part-52#FAR_52_227_15 https://www.sam.gov/ https://www.acquisition.gov/far/part-4#FAR_4_1201
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FAR Clause # Title Date Change
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.
(End of provision)
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 and 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--
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(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) Representations. 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:
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(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.
52.213-4 TERMS AND CONDITIONS—SIMPLIFIED ACQUISITIONS (OTHER THAN COMMERCIAL
PRODUCTS AND COMMERCIAL SERVICES).
(a)The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are incorporated by reference:
(1)The clauses listed below implement provisions of law or Executive order:
(i)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)).
(ii)52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).
(iii)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).
(iv)52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L.
117-328), unless the agency grants an exception - see paragraph (b) of 52.204-27.
(v)52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) (Pub. L. 115–390, title II).
(vi)52.222-3, Convict Labor (Jun 2003) (E.O.11755).
(vii)52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(viii)52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).
(ix)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).
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(x)52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).
(xi) 52.233-3, Protest After Award (Aug 1996) ( 31 U.S.C. 3553).
(xii)52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) ( Pub. L. 108-77 and 108-78 ( 19 U.S.C.
3805 note)).
(2)Listed below are additional clauses that apply:
(i)52.232-1, Payments (Apr 1984).
(ii)52.232-8, Discounts for Prompt Payment (Feb 2002).
(iii)52.232-11, Extras (Apr 1984).
(iv)52.232-25, Prompt Payment (Jan 2017).
(v)52.232-39, Unenforceability of Unauthorized Obligations (Jun 2013).
(vi)52.233-1, Disputes (May 2014).
(vii)52.244-6, Subcontracts for Commercial Products and Commercial Services (Jan 2025).
(viii) 52.253-1, Computer Generated Forms (Jan 1991).
(b)The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply:
(1)The clauses listed below implement provisions of law or Executive order:
(i)52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).
(ii)52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020)(Pub. L. 109-282) ( 31 U.S.C. 6101 note) (Applies to contracts valued at or above the threshold specified in FAR 4.1403(a) on the date of award of this contract).
(iii)52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2025) ( E.O. 13126) (Applies to contracts for supplies exceeding the micro-purchase threshold, as defined in 2.101 on the date of award of this contract).
(iv)52.222-20, Contracts for Materials, Supplies, Articles, and Equipment., Contracts for Materials, Supplies, Articles, and Equipment (Jun 2020) ( 41 U.S.C. chapter 65) (Applies to supply contracts over the threshold specified in FAR 22.602 on the date of award of this contract, in the United States, Puerto Rico, or the U.S. Virgin Islands).
(v)52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212) (Applies to contracts valued at or above the threshold specified in FAR 22.1303(a) on the date of award of this contract).
(vi)52.222-36, Equal Employment for Workers with Disabilities (Jun 2020) ( 29 U.S.C. 793) (Applies to contracts over the threshold specified in FAR 22.1408(a) on the date of award of this contract, unless the work is to be performed outside the United States by employees recruited outside the United States). (For purposes of this clause, "United States" includes the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.)
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(vii)52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212) (Applies to contracts valued at or above the threshold specified in FAR 22.1303(a) on the date of award of this contract).
(viii)52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter 67) (Applies to service contracts over $2,500 that are subject to the Service Contract Labor Standards statute and will be performed in the United States, District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, or the outer Continental Shelf).
(ix)(A)52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O. 13627) (Applies to all solicitations and contracts).
(B)Alternate I (Mar 2015) (Applies if the Contracting Officer has filled in the following information with regard to applicable directives or notices: Document title(s), source for obtaining document(s), and contract performance location outside the United States to which the document applies).
(x)52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, and the outer Continental Shelf as defined in the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331, et seq.))).
(xi)52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia.))
(xii)52.223-5, Pollution Prevention and Right-to-Know Information (May 2024) ( 42 U.S.C. 11001-11050 and 13101-13109) (Applies to services performed on Federal facilities).
(xiii)52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (May 2024) ( 42 U.S.C. 7671, et seq.) (Applies to contracts for products as prescribed at FAR 23.109(d)(1)).
(xiv)52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (May 2024) ( 42 U.S.C. 7671, et seq.) (Applies to maintenance, service, repair, or disposal of refrigeration equipment and air conditioners).
(xv)52.223-20, Aerosols (May 2024) ( 42 U.S.C. 7671, et seq.) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons as a propellant or as a solvent; or contracts for maintenance or repair of electronic or mechanical devices).
(xvi)52.223-21, Foams (May 2024) ( 42 U.S.C. 7671, et seq.) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons as a foam blowing agent; or contracts for construction of buildings or facilities.
(xvii)52.223-23, Sustainable Products and Services (May 2024) ( E.O. 14057, 7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l) (Applies to contracts when the agency identifies in the statement of work, or elsewhere in the contract, the sustainable products and services that apply to the acquisition).
(xviii)(A)52.225-1, Buy American-Supplies (Oct 2022) (41 U.S.C. chapter 67) (Applies to contracts for supplies, and to contracts for services involving the furnishing of supplies, for use in the United States or its outlying areas, if the value of the supply contract or supply portion of a service contract exceeds the micro-purchase threshold, as defined in 2.101 on the date of award of this contract, and the acquisition- (1)Is set aside for small business concerns; or
(2)Cannot be set aside for small business concerns (see 19.502-2), and does not exceed $50,000).
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(B)Alternate I (OCT 2022) (Applies if the Contracting Officer has filled in the domestic content threshold below, which will apply to the entire contract period of performance. Substitute the following sentence for the first sentence of paragraph (1)(ii)(A) of the definition of domestic end product in paragraph (a) of 52.225-1: (A) The cost of its components mined, produced, or manufactured in the United States exceeds ____ percent of the cost of all its components. [ Contracting officer to insert the percentage per instructions at 13.302-5(d)(4). ])
(xix)52.226-6, Promoting Excess Food Donation to Nonprofit Organizations., Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792) (Applies to contracts greater than the threshold specified in FAR 26.404 on the date of award of this contract, that provide for the provision, the service, or the sale of food in the United States).
(xx)52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2013)(Applies when the payment will be made by electronic funds transfer (EFT) and the payment office uses the System for Award Management (SAM) as its source of EFT information).
(xxi)52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (Applies when the payment will be made by EFT and the payment office does not use the SAM database as its source of EFT information).
(xxii)52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Nov 2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).
(xxiii)52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C.
55305)(Applies to supplies transported by ocean vessels (except for the types of subcontracts listed at 47.504(d)).
(xxiv)52.247-69, Reporting Requirement for U.S.-Flag Air Carriers Regarding Training to Prevent Human Trafficking (Jan 2025) ( 49 U.S.C. 40118(g)). (Applies to contracts with a U.S.-flag carrier for the transportation by air of passengers; does not apply to contracts awarded by the Department of Defense or contracts for commercial products).
(2)Listed below are additional clauses that may apply:
(i)52.204-21, Basic Safeguarding of Covered Contractor Information Systems (Nov 2021) (Applies to contracts when the contractor or a subcontractor at any tier may have Federal contract information residing in or transiting through its information system.)
(ii)52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded (Jan 2025) (Applies to contracts over the threshold specified in FAR 9.405-2(b) on the date of award of this contract).
(iii)52.211-17, Delivery of Excess Quantities (Sept 1989) (Applies to fixed-price supplies).
(iv)52.247-29, F.o.b. Origin (Feb 2006) (Applies to supplies if delivery is f.o.b. origin).
(v)52.247-34, F.o.b. Destination (Jan 1991) (Applies to supplies if delivery is f.o.b. destination).
(c)FAR 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/
(d)Inspection/Acceptance. The Contractor shall tender for acceptance only those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or https://www.acquisition.gov/
Page - 13 reperformance of nonconforming services at no increase in contract price. The Government must exercise its postacceptance rights-
(1)Within a reasonable period of time after the defect was discovered or should have been discovered; and
(2)Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.
(e)Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence, such as acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.
(f)Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges that the Contractor can demonstrate to the satisfaction of the Government, using its standard record keeping system, have resulted from the termination.
The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided.
(g)Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.
(h)Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.
(End of clause)
52.225-18 PLACE OF MANUFACTURE (AUG 2018)
(a) Definitions. As used in this provision--
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;
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(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.
(b) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly--
(1) ( ___ ) In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or
(2) ( ___ ) Outside the United States.
52.222-19 CHILD LABOR – COOPERATION WITH AUTHORITIES AND REMEDIES (JAN 2025)
(a)Applicability. This clause does not apply to the extent that the Contractor is supplying end products mined, produced, or manufactured in-
(1)Israel, and the anticipated value of the acquisition is $50,000 or more;
(2)Mexico, and the anticipated value of the acquisition is $102,280 or more; or
(3)Armenia, Aruba, Australia, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Italy, Japan, Korea, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Montenegro, Netherlands, New Zealand, North Macedonia, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan, Ukraine, or the United Kingdom and the anticipated value of the acquisition is $174,000 or more.
(b)Cooperation with Authorities. To enforce the laws prohibiting the manufacture or importation of products mined, produced, or manufactured by forced or indentured child labor, authorized officials may need to conduct investigations to determine whether forced or indentured child labor was used to mine, produce, or manufacture any product furnished under this contract. If the solicitation includes the provision 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products, or the equivalent at 52.212-3(i), the Contractor agrees to cooperate fully with authorized officials of the contracting agency, the Department of the Treasury, or the Department of Justice by providing reasonable access to records, documents, persons, or premises upon reasonable request by the authorized officials.
(c)Violations. The Government may impose remedies set forth in paragraph (d) for the following violations:
https://www.acquisition.gov/far/52.222-18#FAR_52_222_18 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3
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(1)The Contractor has submitted a false certification regarding knowledge of the use of forced or indentured child labor for listed end products.
(2)The Contractor has failed to cooperate, if required, in accordance with paragraph (b) of this clause, with an investigation of the use of forced or indentured child labor by an Inspector General, Attorney General, or the Secretary of the Treasury.
(3)The Contractor uses forced or indentured child labor in its mining, production, or manufacturing processes.
(4)The Contractor has furnished under the contract end products or components that have been mined, produced, or manufactured wholly or in part by forced or indentured child labor. (The Government will not pursue remedies at paragraph (d)(2) or paragraph (d)(3) of this clause unless sufficient evidence indicates that the Contractor knew of the violation.)
(d)Remedies.
(1)The Contracting Officer may terminate the contract.
(2)The suspending and debarring official may suspend the Contractor in accordance with procedures in FAR subpart 9.4.
(3)The suspending and debarring may debar the Contractor for a period not to exceed 3 years in accordance with the procedures in FAR subpart 9.4.
52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)
(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision.
(b) The use in this solicitation of any Defense Federal Acquisition Regulation Supplement (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.
52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)
(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.
(b) The use in this solicitation or contract of any DFARS (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
252.204-7017 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE
TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (MAY 2021)
https://www.acquisition.gov/far/subpart-9.4#FAR_Subpart_9_4 https://www.acquisition.gov/far/subpart-9.4#FAR_Subpart_9_4
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The Offeror is not required to complete the representation in this provision if the Offeror has represented in the provision at 252.204-7016, Covered Defense Telecommunications Equipment or Services--Representation, that it “does not provide covered defense 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.”
(a) Definitions. Covered defense telecommunications equipment or services, covered mission, critical technology, and substantial or essential component, as used in this provision, have the meanings given in the 252.204-7018 clause, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services, of this solicitation.
(b) Prohibition. Section 1656 of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits agencies from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.
(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) at https://www.sam.gov for entities that are excluded when providing any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless a waiver is granted.
(d) Representation. If in its annual representations and certifications in SAM the Offeror has represented in paragraph (c) of the provision at 252.204-7016, Covered Defense Telecommunications Equipment or Services-- Representation, that it “does” provide covered defense 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, then the Offeror shall complete the following additional representation:
The Offeror represents…
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