Combined Synopsis_Solicitation Brand Name or Equal T-SCIF TENTS.pdf

Solicitation Number: 70FA6023B00000008

Notice Type: Combined Synopsis/Solicitation

I. Issuing Office:

Federal Emergency Management Agency (FEMA) Mitigation Section 16825 S. Seton Ave, Basement O Emmitsburg, MD 21727

II. This is a combined synopsis/solicitation for commercial supplies prepared in accordance with the format in Subpart 12.6– Streamlined Procedures for Evaluation and Solicitation for Commercial Items in conjunction with FAR Subpart 13 Simplified Procedures for Commercial Items, 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.

III. The solicitation number is 70FA6023B00000008 and is issued as a Request for Quote

(RFQ).

IV. This RFQ and incorporated provisions and clauses are those in effect through Federal

Acquisition Circular (FAC) 2023-04.

V. This solicitation is 100% Set Aside for Small Business. The associated North American Industrial Classification System (NAICS) code for this procurement is 334290 with a Small Business Size Standard of 800 employees. The Product or Service Code (PSC) for this acquisition is 5810.

VI. Electronic Solicitation: This combined synopsis/solicitation, including all attachments, and any amendments, is only available electronically at the website SAM.gov. Offerors are cautioned that it is their responsibility to access the website for any amendments that may be issued under the solicitation. There will be no advance notification of amendment issuance. Offerors are advised to consult the website frequently to check for any amendments since an amendment may be issued up until the quote submission due date and time. Failure to acknowledge amendments may render your quote non-responsive and ineligible for award.

VII. This Request for Quote is issued to establish a Firm Fixed Price (FFP) contract to supply three (3) , Brand Name or Equal to InTech Defense TFBS-030507-L-00-SYS- RF Shielded multi-layer enclosure SIZE: 3.05’ width x 5’ length x 7’ height system along with a Brand Name or Equal to InTech Defense DO-TF-3YW-004-357- 3-Year / Complete System Warranty for each of the T-SCIF tents. Each T-SCIF Tent set will include a (3) year warranties (4 yrs. from date of delivery). The Government intends to award one contract as a result of this solicitation. Any award resulting from this RFQ will be issued on a Standard Form (SF) 1449.

VIII. Delivery Schedule: Sixty (60) days from date of award.

IX. Delivery Location:

Federal Emergency Management Agency 19844 Blueridge Mountain Road

Mt. Weather, VA 20135

X. The Contract Line Item Numbers (CLINS), Description, Quantities, and Units of Measure are:

Contract Line Item Number (CLIN)

CLIN Description Quantity Unit Unit

Price Total Price

Brand Name or Equal* 0001 Brand name or equal to InTech Defense

TFBS-030507-L-00-SYS and/or must meet below specifications:

o 3.5’ W x 5’ L x 7’H (3.5’x5’ footprint is approximately the space needed for a single person sitting at a small desk with a laptop sized device in front of them; 7’ height ensures it should fit under the ceiling of typical hotel room) Ultra-Light Portable High- Performance RF Shielded Enclosure System.

o Construction: Integrated inflatable lightweight frame that a single person can easily and quickly (15 minutes) set-up; and a single person can take-down quickly and easily o Packing: Enclosure and all components fit in a single case that is air transportable as checked luggage domestically o RF Shield Signal Attenuation to protect a frequency spectrum from 30 MHz to

3 EA

*The Quoter shall specifically state whether they are quoting a “Brand Name” item or if they are quoting an “EQUAL” product. If the quoter is quoting on an “EQUAL” product they SHALL provide sufficient documentation to show that the product meets the specifications as outlined above.

XI. All referenced FAR provisions and clauses may be accessed electronically at http://www. acquisition.gov and HSAR provisions and clauses may be accessed electronically at https://www.acquisition.gov/hsar.

XII. FAR 52.212-1, Instructions to Offerors–Commercial Products and Commercial Services (Mar 2023), applies to this acquisition.

ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (MAR 2023)

Reference paragraph (c) under referenced provision FAR 52.212-1. This paragraph is tailored to read as follows:

(c) Period of acceptance of offers. The offeror agrees to hold the prices in its offer firm for 60 calendar days from the date specified for receipt of offers.

The following three (3) paragraphs under referenced provision 52.212-1 are hereby deleted:

(d) Product samples

(e) Multiple offers

(h) Multiple awards

QUOTE SUBMISSION INSTRUCTIONS

Time of Submission: Quotes are DUE NOT LATER THAN 10:00 A.M. EST, 7 September 2023. Late quotes will not be considered unless it is in the best interest of the government.

Method of Delivery: Quote submissions shall be via email to Gregory.sneeringer@fema.dhs.gov on or before the quote due date.

18 GHz at the best average attenuation possible

0002 Brand Name or Equal to InTech Defense DO- TF-3YW-004-6773 Year Warranty (4 yrs.

from date of delivery) for each of the T-SCIF tents.

3 EA

Total $

Electronic copies ONLY. Facsimile (Fax) and hard copy submissions of quotes will not be accepted.

Quotes shall include all required documentation as listed below. Submission of a quote that does not contain all items requested below may result in elimination from consideration for award. Instructions contained herein are to serve as a guide in preparation of quotes; however, they are not intended to be all inclusive. The instructions generally describe the type and extent of information which should be provided in the quote. The offeror is expected to completely examine and analyze all aspects of the technical, past performance, and price areas to be addressed, and to include information in the quote which will enable the evaluators to determine the offeror’s understanding of the requirements in each of the above areas. Quotes must have the following Controlled Unclassified Information (CUI) and Source Selection Sensitive references marked/incorporated into the appropriate pages on each quote volume:

1. Header on all pages: 1st Line of Header: “CUI” 2nd Line of Header: “Source Selection Information - See FAR 2.101 and 3.104”

2. 1st page, bottom right corner (above footer):

“Controlled by:

Controlled by:

CUI Category:

Distribution/Dissemination Controls:

POC:

3. Footer (at very bottom) on all pages stating “CUI”

Quotations may be submitted in contractor format and shall include:

(1) Company name, address, telephone number and e-mail address

(2) Solicitation number

(3) Unit Price and extended prices for all item(s)

(4) Time of Delivery

(5) Signed acknowledgements of amendments (applicable only if any amendments are issued against this solicitation)

(6) Descriptive literature for submission of products to demonstrate the item meets the minimum salient characteristics found in the Specifications.

Contractors are required to include a copy of the FAR provisions 52.212-3 and FAR 52.219-1 with its quote OR may indicate completion of the representations and certifications on the internet at www.sam.gov. Failure to include the certifications along with the quotation or to complete the certifications on the internet may result in elimination from consideration for award.

(End of Provision)

This solicitation is issued as a Brand Name or Equal requirement in accordance with the provision at FAR 52.211-6 Brand Name or Equal. As outlined in that provision, offers of “equal” products must include descriptive literature that clearly demonstrates that the offered product meets the Governments’ salient physical, functional, or performance characteristics for the items described above. The salient physical, functional, or performance characteristics that “equal” products must meet are defined in this solicitation.

(End of Addendum to 52.212-1)

XIII. FAR 52.212-2, Evaluation–Commercial Products and Commercial Services (Nov 2021), applies to this acquisition.

ADDENDUM to FAR 52.212-2 EVALUATION COMMERCIAL ITEMS:

The Government intends to award a commercial purchase order resulting from this solicitation to the Lowest Price Technically Acceptable (LPTA) responsible offeror. The Government will evaluate equal products based on information furnished by the offeror.

For those offerors determined to be technically acceptable, the award will be made to that vendor with the lowest overall price. The Government intends to make an award based on the initial quotations. If further questions are required, the Government may contact the offeror(s) for clarification. The Government may make award without discussions.

Award will be made to the responsible offeror whose quotation conforms to all solicitation requirements, such as terms and conditions, representations and certification, technical requirements, and provides the Lowest Price Technically Acceptable.

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The Government intends to award one (1) Firm-Fixed Price (FFP) contract resulting from this notice to the responsible offeror who offers the lowest total evaluated price for the supplies to be provided.

Award will be made to the acceptable offeror with the lowest evaluated price, which is deemed responsible in accordance with the Federal Acquisition Regulations (FAR), and which has submitted a quote conforming to the solicitation requirements. The requirements include all stated terms, conditions, completion of representations and certifications, and all other requirements of this solicitation. The Government intends to make an award based on the initial quotes received; therefore, the initial offer should contain the offeror’s best terms from a price and technical standpoint. Offerors must be determined to be responsible according to the standards of FAR Part 9 to be eligible for award.

The following non-price/price factors shall be used to evaluate offers:

FACTOR 1 – Technical Capability

The following criteria shall be used to establish technical acceptability:

To be considered for award, offers must: (a) Meet the salient physical, functional, or performance characteristic specified in this solicitation, (b) Clearly identify the item by Brand name, if any; and make or model number, (c) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and (d) Clearly describe any modification the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modification.

Technical information shall be evaluated for acceptability (only) on a pass/fail basis and will not be rated. Any offeror who has been determined acceptable (pass) on their technical information will then have their quote evaluated for past performance.

FACTOR 2 – Past Performance

The offeror will be evaluated on past performance record provided as part of the quote and any other relevant information obtained from other sources which may include:

Supplier Performance Risk System (SPRS) regarding the suppliers past performance history for Product Service Code (PSC) of the supplies being purchased will be considered. In the case of a supplier without a record of relevant past performance history in SPRS for the PSC of the supplies being purchased, the supplier will not be evaluated favorably or unfavorably for its past performance history. In the context of acceptability/unacceptability, “unknown” shall be considered acceptable.

Past Performance information shall be evaluated for acceptability (only) on a pass/fail basis and will not be rated. Any offeror who has been determined acceptable (pass) on their past performance information will then have their quote evaluated for price.

FACTOR 3 – Price

(a) If a quote has been determined acceptable under each of the non-price factors listed above, the Government will then evaluate the quote for the lowest price. The quoted total price, the sum of the total amount for all CLINS, between offers that are determined to be technically acceptable will be the determining factor in the selection of a quote for award.

All CLINs must be priced. Price analysis shall not be conducted on offerors determined to be unacceptable for award, since the offeror will not be in line for award as the lowest priced technically acceptable offeror.

(b) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of Addendum to 52.212-2)

XIV. FAR 52.212-3 Offeror Representations and Certifications—Commercial Products and

Commercial Services (Dec 2022). The Quoter shall complete only paragraph (b) of this provision if the Quoter has completed the annual representations and certification electronically via the System for Award Management (SAM) website accessed through http://www.acquisition.gov.

XV. FAR 52.212-4, Contract Terms and Conditions-Commercial Products and Commercial Services (Dec 2022), applies to this acquisition.

XVI. FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services (Jun 2023), applies to this acquisition.

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

FAR 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

FAR 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

FAR 52.219-6 Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

FAR 52.219-28 Post-Award Small Business Program Rerepresentation (SEP 2021) (15 U.S.C.

632(a)(2)).

FAR 52.222-3 Convict Labor (JUN 2003) (E.O. 11755).

FAR 52.222-21 Prohibition of Segregated Facilities (Apr 2015).

FAR 52.222-26 Equal Opportunity (Sep 2016) (E.O. 11246).

FAR 52.222-36 Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

FAR 52.222-50 Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

FAR 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020)

(E.O. 13513).

FAR 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).

FAR 52.232-33 Payment by Electronic Funds Transfer--System for Award Management (Oct 2018) (31 U.S.C. 3332).

https://www.acquisition.gov/far/part-52#FAR_52_212_4 https://www.acquisition.gov/far/part-52#FAR_52_212_5

(End of Clause)

XVII. Clauses and Provisions

FAR Clauses/Provisions Clause Title Date 52.202-1 Definitions Jun 2020 52.203-6 Restrictions on Subcontractor Sales to the Government Alt I Nov 2021

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights Jun 2020

52.204-7 System for Award Management Oct 2018 52.204-13 System for Award Management Maintenance Oct 2018 52.204-16 Commercial and Government Entity Code Reporting Aug 2020 52.204-17 Ownership or Control of Offeror Aug 2020 52.204-18 Commercial and Government Entity Code Maintenance Aug 2020 52.204-19 Incorporation by Reference of Representations and Certifications Dec 2014 52.204-20 Predecessor of Offeror Aug 2020 52.204-22 Alternative Line Item Proposal Jan 2017

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities Nov 2021

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment Nov 2021

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations Nov 2015

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

52.211-6 Brand Name or Equal Aug 1999 52.211-17 Delivery of Excess Quantities Sep 1989

52.212-1 Instructions to Offerors Commercial Products and Commercial Services. Mar 2023

52.212-3 Offerors Representations and Certifications – Commercials Items Dec 2022

52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services Dec 2022

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items Dec 2022

52.222.20 Contracts for Materials, Supplies, Articles, and Equipment Jun 2020 52.223-6 Drug-Free Workplace May 2001

52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals- Representation Jun 2020

52.225-25 Prohibition on Contracting with Entities Engaging in Sanctioned Activities Relating to Iran-Representation and Certification June 2020

52.232-1 Payments Apr 1984 52.232-8 Discounts for Prompt Payments Feb 2002 52.232-11 Extras Apr 1984 52.232-23 Assignment of Claims May 2014 52.232-39 Unenforceability of Unauthorized Obligations Jun 2013 52.232-40 Providing Accelerated Payments to Small Business Subcontractors Mar 2023

FAR Clauses/Provisions 52.233-1 Disputes May 2014 52.233-4 Applicable Law For Breach Of Contract Claim Oct 2004 52.243-1 Changes-Fixed-Price Aug 1987 52.246-2 Inspections of Supplies-Fixed Price Aug 1996 52.247-34 F.o.b. Destination Nov 1991 52.253-1 Computer Generated Forms Jan 1991

THE FOLLOWING CLAUSES ARE INCORPORATED BY FULL TEXT:

FAR 52.219-14 Limitations on Subcontracting (Oct 2022)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Definition. “Similarly situated entity,” as used in this clause, means a first-tier subcontractor, including an independent contractor, that—

(1) Has the same small business program status as that which qualified the prime contractor for the award

(e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and

(2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.

(c) Applicability. This clause applies only to—

(1) Contracts that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(3) Contracts that have been awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15;

(4) Orders expected to exceed the simplified acquisition threshold and that are—

(i) Set aside for small business concerns under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to small business concerns under multiple-award contracts as described in 19.504(c)(1)(ii);

(5) Orders, regardless of dollar value, that are—

(i) Set aside in accordance with subparts 19.8, 19.13, 19.14, or 19.15 under multiple- award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 19.504(c)(1)(ii); and

(6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference.

(d) Independent contractors. An independent contractor shall be considered a subcontractor.

(e) Limitations on subcontracting. By submission of an offer and execution of a contract, the Contractor agrees that in performance of a contract assigned a North American Industry Classification System (NAICS) code for—

(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding certain other direct costs and certain work performed outside the United States (see paragraph (e)(1)(i)), to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract. The following services may be excluded from the 50 percent limitation:

(i) Other direct costs, to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service. Examples include airline travel, work performed by a transportation or disposal entity under a contract assigned the environmental remediation NAICS code 562910), cloud computing services, or mass media purchases.

(ii) Work performed outside the United States on awards made pursuant to the Foreign Assistance Act of 1961, or work performed outside the United States required to be performed by a local contractor.

(2) Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract;

(3) General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 85 percent subcontract amount that cannot be exceeded; or

(4) Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 75 percent subcontract amount that cannot be exceeded.

(f) The Contractor shall comply with the limitations on subcontracting as follows:

(1) For contracts, in accordance with paragraphs (c)(1), (2), (3) and (6) of this clause – [Contracting Officer check as appropriate.]

By the end of the base term of the contract and then by the end of each subsequent option period; or By the end of the performance period for each order issued under the contract.

(2) For orders, in accordance with paragraphs (c)(4) and (5) of this clause, by the end of the performance period for the order.

(g) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be performed by the aggregate of the joint venture participants.

(End of clause)

FAR 52.222-19 Child Labor—Cooperation with Authorities and Remedies (DEVIATION 2020-O0019) (Dec 2022)

(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 $83,099 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, 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 $182,000 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:

(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 official may suspend the Contractor in accordance with procedures in FAR Subpart 9.4.

(3) The debarring official may debar the Contractor for a period not to exceed 3 years in accordance with the procedures in FAR Subpart 9.4.

(End of clause)

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):

FAR https://ecfr.federalregister.gov/current/title-48/chapter-1

(End of Clause)

THE FOLLOWING PROVISIONS ARE INCORPORATED BY FULL TEXT:

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021) The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it “does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument” in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services - Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products 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 https://ecfr.federalregister.gov/current/title-48/chapter-1

(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) 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:

(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)

FAR 52.204-26 Covered Telecommunications Equipment or Services-Representation (OCT 2020)

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

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

(c) (1) Representation. The Offeror represents that it __ does, __ does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it __ does, __ does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

FAR 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) FPSC 5510, Lumber and Related Basic Wood Materials;

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

(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.

FAR 52.233-2 Service of Protest (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from Federal Emergency management Agency (FEMA) Mitigation Section, Attn. Alexander Ramirez, Contracting Officer, 16825 S. Seton Ave, Basement O, Emmitsburg, MA 21727.

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of Provision) FAR 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

FAR Home | Acquisition.GOV HSAR https://www.acquisition.gov/hsar

HSAR Clauses/ Provisions

Clause Title Date

3052.212.70

Contract Terms and Conditions Applicable to DHS Acquisition of Commercial Items

SEP 2012

https://www.acquisition.gov/ https://www.acquisition.gov/hsar

3052.222-70

Strikes or Picketing Affecting Timely Completion of the Contract Work

DEC 2003

3052.222-71

Strikes or Picketing Affecting Access to a DHS Facility

3052.242-72

Contracting Officer's Representative

Invoicing instructions will be provided at time of award.

XVIII. The closing date of this Combined Synopsis/Solicitation is 10:00 am, Eastern Standard

Time (EST) on 07 September 2023.

XIX. Questions should be addressed to the Primary POC Greg Sneeringer, Contract Specialist via e-mail to: Gregory.sneeringer@fema.dhs.gov