COMBINED SYNOPSIS - RFQ - FERRIER SERVICE - 1240LS21Q0018.pdf

FOR OFFICIAL USE ONLY

Combined Synopsis and Solicitation Request for Quote #1240LS-21-Q-0018

**MUST BE REGISTERED IN SAM (www.sam.gov) TO BE ELIGIBLE FOR AWARD** FAR 52.204-7(b)(1) Applies

FOB: X Destination Origin Payment will be made via EFT. Invoice using IPP.Gov Set Aside For: Large Small Woman-Owned SDVOSB Hubzone 8(a)

(Please check all that apply) X

NAICS Code: 115210 PSC: L088 Size Standard: $8 M. BOC: 2570

Delivery address 180 Pagosa Street, Pagosa Springs, CO 81147 (Multiple locations in the San Juan National Forest) See Statement of work for details.

Date & time needed 22 Mar 2021 - 31 Mar 2022 (Base yr) with annual option years to 31 Mar 2026

**MUST HAVE ALL INFO BELOW**

Company Name:

Vendor Rep:

Phone:

Email:

Mailing Address:

DUNS #

*QUOTES ARE DUE BY: 03/19/2021 by 0800 MT* Note: Single Award -Vendor required to quote on all items.

Item Description 001 QTY U/I Unit Price Extended Price

Base Year: 22 Mar 2021 – 31 Mar 2022 EA $ $

Option Year 1: 01 Apr 2022 – 31 Mar 2023 EA $ $

Option Year 2: 01 Apr 2023 – 31 Mar 2024

EA $ $

Option Year 3: 01 Apr 2024 – 31 Mar 2025 EA $ $

Option Year 4: 01 Apr 2025 – 31 Mar 2026 $ $

Total $

Discription:This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in the Federal Acquisition Regulation (FAR) subpart 12.6, “Streamlined Procedures for Evaluation and Solicitation for Commercial Items,” as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested, and a written solicitation document will not be issued. This solicitation is a request for quotations (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2021-02 Updated 02/16/2021. The associated North American Industrial Classification System (NAICS) code for this procurement is 115210, with a small business size standard of $8 Million.

The US Forest Service, San Juan National Forest, Pagosa District has need for Farrier Services. Requirements are 6 to 8 horses, estimated 5 shoeings and 2 trimmings over the next 5 years. This is an option year contract with service dates from the award date (about 22 Mar 2021 to 31Mar 2026). A diagram of servicing requirements is provided below. The award date is estimated to be on or about 22 Mar 2021.

http://www.sam.gov/

Solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2021-02

The full text of FAR provisions or clauses may be accessed electronically at https://www.acquisition.gov/ The following contract clauses apply to this acquisition:

FAR 52.212-4, “Contract Terms and Conditions–Commercial Items” FAR 52.212-5, “Contract Terms and Conditions Required to Implement Statutes or Executive Orders” The following subparagraphs of FAR 52.212-5 are applicable:

• 52.219-6 Notice of Total Small Business Set-Aside.

Up to 25k

• 52.219-28 Post-Award Small Business Program Representation.

• 52.222-3 Convict Labor.

• 52.222-19 Child Labor---Cooperation with Authorities and Remedies.

• 52.222-21 Prohibition of Segregated Facilities.

• 52.222-26 Equal Opportunity.

• 52.222-36 Equal Opportunity for Workers with Disabilities.

• 52.222-50 Combating Trafficking in Persons.

• 52.223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons.

• 52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners.

• 52.223-15 Energy Efficiency in Energy-Consuming Products.

• 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving

• 52.223-20 Aerosols.

• 52.223-21 Foams.

• 52.225-1 Buy American -- Supplies.

The offeror certifies that the following end products are qualifying country end products:

Line Item No.: Country of Origin:

001-004 USA

• 52.225-13 Restrictions on Certain Foreign Purchases.

• 52.232-33 Payment by Electronic Funds Transfer—System for Award Management. Over 25K

• 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards.

• 52.209-6, Protecting the Government's Interests When Subcontracting with Contractors Debarred, Suspended or

Proposed.

• 52.225-3 Buy American -- Free Trade Agreements -- Israeli Trade Act. Over 150K

• 52.219-14 Limitations on Subcontracting.

• 52.222-35 Equal Opportunity Veterans.

• 52.222-37 Employment Reports on Veterans Service

• 52.222-41 Service Contract Labor Standards.

• 52.222-42 Statement of Equivalent Rates for Federal Hires.

• 52.222-55 Minimum Wages Under Executive Order 13658.

• 52.222-62 Paid Sick Leave Under Executive Order 13706.

• 52.224-3 Privacy Training.

ADDENDUM TO FAR CLAUSE 52.212-4, CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (INCORPORATED BY

REFERENCE ON STANDARD FORM 1449)

• 52.204-8 Annual Representations and Certifications.

• 52.204-9 Personal Identity Verification of Contractor.

• 52.204-18 Commercial and Government Entity Code Maintenance.

• 52.204-21 Basic Safeguarding of Covered Contractor Information Systems.

• 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

• 52.232-40 Providing Accelerated Payments to Small Business Subcontractors.

The following solicitation provisions apply to this acquisition:

• FAR 52.212-1, “Instructions to Offerors–Commercial Items”

• FAR 52.212-2, “Evaluation – Commercial Items” using Best Value

• FAR 52.212-3, “Offerors Representations and Certifications–Commercial Items”

ADDENDUM TO FAR CLAUSE 52.212-1, Instructions to Offerors - Commercial Items (INCORPORATED BY REFERENCE ON

STANDARD FORM 1449)

• 52.204-16 Commercial and Government Entity Code Reporting.

• 52.204-22 Alternative Line Item Proposal.

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

https://www.acquisition.gov/

Schedule of items

Period of Performance Base Year: 03/22/2021 – 03/31/2022

ITEM

NUMBER DESCRIPTION PAY

UNIT

EST

QTY

UNIT

COST TOTAL

0001 Spring Trim (Mar) per horse 6 0002 Spring Shoeing #1 (Apr) per horse 6 0003 Summer Shoeing #2 (Jun) per horse 7 0004 Summer Shoeing #3 (Jul) per horse 7 0005 Summer Shoeing #4 (Aug) per horse 7 0006 Fall Shoeing #5 (Oct) per horse 8 0007 Fall Pull Shoes & trim (Nov) per horse 8 0008 Spring Trim (Mar) per horse 8

Period of Performance Option Year 1: 04/01/2022 – 03/31/2023

ITEM

NUMBER DESCRIPTION PAY

UNIT

EST

QTY

UNIT

COST TOTAL

1001 Spring Shoeing #1 (Apr) per horse 8 1002 Summer Shoeing #2 (Jun) per horse 8 1003 Summer Shoeing #3 (Jul) per horse 8 1004 Summer Shoeing #4 (Aug) per horse 8 1005 Fall Shoeing #5 (Oct) per horse 8 1006 Fall Pull Shoes & trim (Nov) per horse 8 1007 Spring Trim (Mar) per horse 8

Period of Performance Option Year 2: 04/01/2023 – 03/31/2024

ITEM

NUMBER DESCRIPTION PAY

UNIT

EST

QTY

UNIT

COST TOTAL

2001 Spring Shoeing #1 (Apr) per horse 8 2002 Summer Shoeing #2 (Jun) per horse 8 2003 Summer Shoeing #3 (Jul) per horse 8 2004 Summer Shoeing #4 (Aug) per horse 8 2005 Fall Shoeing #5 (Oct) per horse 8 2006 Fall Pull Shoes & trim (Nov) per horse 8 2007 Spring Trim (Mar) per horse 8

Period of Performance Option Year 3: 04/01/2024 – 03/31/2025

ITEM

NUMBER DESCRIPTION PAY

UNIT

EST

QTY

UNIT

COST TOTAL

3001 Spring Shoeing #1 (Apr) per horse 8 3002 Summer Shoeing #2 (Jun) per horse 8 3003 Summer Shoeing #3 (Jul) per horse 8 3004 Summer Shoeing #4 (Aug) per horse 8 3005 Fall Shoeing #5 (Oct) per horse 8 3006 Fall Pull Shoes & trim (Nov) per horse 8 3007 Spring Trim (Mar) per horse 8

Period of Performance Option Year 4: 04/01/2025 – 03/31/2026

ITEM

NUMBER DESCRIPTION PAY

UNIT

EST

QTY

UNIT

COST TOTAL

4001 Spring Shoeing #1 (Apr) per horse 8 4002 Summer Shoeing #2 (Jun) per horse 8 4003 Summer Shoeing #3 (Jul) per horse 8 4004 Summer Shoeing #4 (Aug) per horse 8 4005 Fall Shoeing #5 (Oct) per horse 8 4006 Fall Pull Shoes & trim (Nov) per horse 8

4007 Spring Trim (Mar) per horse 8

Statement of Work

The US Forest Service, San Juan National Forest, Pagosa District has need for Farrier Services. Requirements are 6 to 8 horses, 5 shoeings and 2 trimmings annually over the next 5 years in about 6 week intervals. This is an option year contract with service dates from the award date 22 Mar 2021 to 31Mar 2026. The award date is estimated to be on or about 22 Mar 2021 and will start on the contract award date.

1.0 Description of Services: The contractor shall provide all management, supervision, labor, personnel, transportation, materials, equipment, and supplies, except as otherwise specified, necessary to provide horse shoeing services for the Pagosa Ranger District located at various locations throughout the San Juan National Forest and surrounding lands. All work shall be performed in accordance with this statement of work and all federal, state and local laws and regulations.

2.0 Location And Description

The project is located on San Juan National Forest, on the Pagosa and Columbine Ranger Districts and surrounding areas.

2.1 Accessibility

All locations are on the Pagosa District unless otherwise stated.

Job Corps administrative site, located 4 miles north on CR 600. Roads to this location are paved. Site has corrals, flat ground to work on.

Masco Pasture, approximately 8 miles east of Pagosa on Hwy 160. Located on right (east) side of highway.

Roads to this location are paved. Good gravel road leads into pasture. A truck can easily turn around. Pasture gate is always locked. Forest Service personnel must meet farrier at this location. Shoeing would occur inside pasture. There is flat ground to work on.

Treasure Pasture, approximately 4 miles east of Pagosa on Hwy 160. Located on left (west) side of highway.

Roads to this location are paved. Must drive on native surface. Truck can easily turn around in enclosure. Pasture gate is always locked. Forest Service personnel must meet farrier at this location. Shoeing would occur in small chainlink enclosure above the pasture. The ground is flat enough to work on.

Turkey Springs Pasture, approximately 6 miles north on CR 600, 2-3 miles west on FSDR629 to 629B. CR600 is paved. FSDR629 is a good gravel road. FSDR629B has a 0.25 mile section of very rough, rocky road to reach the pasture. Pasture gate is always locked. Forest Service personnel must meet farrier at this location. Shoeing would occur by entry gate to Guard Station. There is flat ground to work on.

Cole Ranch, Columbine District, approximately 11 miles from the town of Bayfield on Hwy 160, on the south side of the highway. Roads to this location are paved. Gate into Forest Service facility is always locked. Forest Service personnel must meet farrier at this location. Shoeing would occur in corral area of Cole Ranch. There is flat ground to work on and a covered space.

Other Locations, Contractor may be called upon to work in other locations across the San Juan National Forest and surrounding lands, depending on where the Pagosa District are being kept and used. Other various locations may be requested when a horse has lost a shoe or under other circumstances.

3.0 Performance Period

The services of the contractor are required year round on an as needed basis. Trimmings are typically done in February/March and November. Shoeings are scheduled starting in April, running through October/November about every six weeks. No farrier services are usually needed in the months of December and January, however, injury may make them necessary. As long as the District owns horses, it will need the services of a farrier. Farrier services for the purpose of this contract should be available year-round for the full term allowed by this contract.

4.0 Prework Conference: (NA)

Prior to commencement of work, the Contracting Officer (CO) or the Contracting Officer Representative (COR) will schedule a meeting with the contractor to discuss the contract terms, work requirements and schedule. At the conference, the Contractor shall designate, in writing, the name and phone number of the Contractor’s on-site representative and their contract responsibilities and authority.

5.0 Contractor Representative (NA)

Provide an onsite contract representative who will oversee the performance of the work specified in this contract. Designate in writing to the CO, the name of the contract representative and an alternate(s) who shall have the authority to authority to act for the Contractor on all contract matters relating to daily operation of this contract. The Contractor’s representative and alternate(s) must have a minimum of mid level janitorial management, supervision and operational experience as well as be able to read, write, speak, and understand English. Notify the CO/COR at least 10 work days in advance of any subsequent change of personnel in this position. Replacement personnel shall have the same level or better experience as the person being replaced.

6.0 Government-Furnished Items (NA)

The Forest Service will deliver to the Contractor the following listed materials, supplies, property or services; hereinafter referred to as Government-Furnished Items, at the pre-work conference or at a mutually agreeable time thereafter but in any case prior to field work. The Contractor shall be liable for all loss or damage of such Government-Furnished Items until it has been returned. Completion and final acceptance of work required under this contract will be contingent on the return of all Government- furnished items in serviceable condition. The Contractor will be charged by a reduction in contract payments the replacement cost of Government-furnished items lost or damaged to the extent of becoming unserviceable.

Government Furnished Items

Quantity When, Where, How to be Furnished

None

7.0 Hours of Operation

Contractor will work any day of the week he/she is scheduled. Shoeings are scheduled approximately 6-8 weeks apart during the summer. Shoeing of 5-8 horses can be accomplished within a day, during regular business hours 0800-1700.

8.0 Federal Holidays (NA)

8.0 Bio-Based Cleaning Products (NA)

For more information regarding the Department of Agriculture Biobased Affirmative Procurement Program go to http://www.biopreferred.gov

9.0 Qualifications Of Contractor Or Employees (IF APPLICABLE)

The contractor and his/her employees shall be capable of properly shoeing a horse. The contractor must be competent so that his or her work will not cause lameness in the horse and the shoes will stay on with normal use for at least 8 weeks. The contractor must guarantee his/her work for at least 8 weeks.

11.0 DEFINITIONS

Shoe – Putting shoes on a horses feet. Includes trimming excess growth of horse hoof, making sure hoof is trimmed to correct angles, rasping surfaces smooth, nailing shoe on hoof, final rasp to clean edges.

Trim – Trimming excess hoof growth. Includes making sure hoof is trimmed to correct angles and rasping hoof surfaces smooth.

Shoeing guarantee – Contractor will come and replace a lost shoe with no additional charge if the shoe comes off within 8 weeks of being put on.

12.0 TASKS

When the contractor is called, he/she must appear for the scheduled appointment on time and shoe and/or trim all the District horses. Each shoeing includes a trimming of the hooves and the tacking on of a new metal horse shoe with nails. Each shoeing is considered finished after all four feet of a horse have been trimmed, shod, and rasped clean. The entire job is considered finished when all scheduled horses have been completed.

13.0 DELIVERABLES (NA)

14.0 INSPECTION AND ACCEPTANCE

Inspection and acceptance of work will typically occur while horses are being shod or trimmed. A Forest Service employee who is knowledgeable about horse shoeing should be present while work is performed. If not, a Forest Service employee will check the contractor’s work as soon as possible. Inspection consists of Forest Service employee observing contractor while working and visually examining horses’ feet afterwards.

http://www.biopreferred.gov/

The following factors will be used to determine technical acceptability:

Factor #1 - Technical Capability Ability to Meet Required Specifications - In order to receive a rating of “acceptable” for this sub-factor, quote must at a minimum, demonstrate adequate technical capability of the person to meet or exceed the item specifications. You must be a trained/fully qualified Farrier, with your own tools, equipment, supplies and reliable means of transportation.

Factor #2—Ability to Meet Delivery Schedule - In order to receive a rating of “acceptable” for this sub- factor, vendor shall schedule for delivery that meets the desired delivery schedule – Scheduled 1 to 2 weeks out and when called to act in any emergency such as a thrown shoe, etc.

Note: Though price is important, the lowest priced quote may not receive the award if their delivery cannot occur within the 1-2 week call up or meet emergency immediate need timeframe.

Factor #3 - Price: Award will be made to the vendor whose quote represents the best value to the government.

All quoters, shall submit 1 copy of the following:

1. Filled in Business information, Schedule of Items quote and pricing. (Page 1,3 &4)

2. Exhibit #1: Representation by Corporations Regarding Delinquent Tax Liability or a Felony conviction under any Federal Law. (FAR 52.212-3)(NOV 2020) & (FAR 52.209-11)(FEB 2016) (Page 8 of this document).

3. Exhibit #2: Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. (FAR 52.204-24) (Page 12 -Last Page)

RETURN via E-mail if possible To:

Utah Acquisition Support Center - USDA/FS ATTN: Shane Webster 1749 W 500 S Salt Lake City, UT 84104 Phone: 801-908-1904 E-mail: barclay.webster@usda.gov

CONTRACTORS ARE REQUIRED TO REGISTER WITH SYSTEM FOR AWARD MANAGEMENT (SAM) WEBSITE at https://sam.gov/SAM/

SPECIAL NOTICE:

**MUST BE REGISTERED IN SAM (www.sam.gov) TO BE ELIGIBLE FOR AWARD** FAR 52.204-7(b)(1) applies.

FAR 52.204-7

(b) (1) An Offeror is required to be registered in SAM when submitting an offer or quotation, and shall continue to be registered until time of award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

mailto:barclay.webster@usda.gov https://sam.gov/SAM/

EXHIBIT #1

OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL ITEMS (NOV 2020)

REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX

LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

(q) Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law.

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

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

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

(2) The Offeror represents that–

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

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

Name of Company: _________________________________

Name of Company Representative: ____________________

Signature of Representative: _________________________

Date: _______________________

EXHIBIT #2

NDAA 889 Feb 2021

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

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

Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Oct 2020) The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision— Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(d) Representation. The Offeror represents that—

(1) It □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that— It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

As prescribed in 4.2105(b), insert the following clause:

Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2020)

(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.

(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 items.

(End of clause)

52.204-26 Covered Telecommunications Equipment or Services-Representation.

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

Covered Telecommunications Equipment or Services-Representation (Oct 2020)

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

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(c) (1) Representation. The Offeror represents that it □ does, □X 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)

NAME OF PRINCIPAL: BUSINESS NAME

SIGNATURE DATE

Factor #1 - Technical Capability