Combined Synopsis-Solicitation-GSA RFQ-RFQ1787669.docx

COMBINED SYNOPSIS/SOLICITATION: General Services Administration (GSA) RFQ1787669

COMBINED SYNOPSIS/SOLICITATION

General Services Administration (GSA) RFQ1787669 Immunohematology Blood-Grouping Analyzer Cost Per Test Contract Naval Medical Center Portsmouth, VA (NMCP)

This is a combined synopsis/solicitation for commercial products prepared in accordance with FAR 12.6, Streamlined Procedures for Evaluation and Solicitation for Commercial Products and Commercial Services, as supplemented with additional information included in this notice and FAR 13, Simplified Acquisition Procedures. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. The solicitation number is RFQ1787669. The solicitation is issued as a Request for Quotation (RFQ) via GSA eBuy at https://www.ebuy.gsa.gov/ebuy/. Provisions and clauses in effect through Federal Acquisition Circular 2023-05 (published 08August 2023) are incorporated. It is the contractor’s responsibility to be familiar with the applicable clauses and provisions. The clause may be accessed in full text at: https://www.acquisition.gov/.

There is no set-aside used for this action. The associated North American Industrial Classification System (NAICS) code for this procurement is 334516, with a small business size standard of 1,000 Employees.

The Naval Medical Center Portsmouth (NMCP) requires two automated immunohematology analyzers, along with associated reagents, quality control materials, maintenance services, and consumables, to support the Transfusion Services Division of the Laboratory Department. This division is integral to both routine and emergent patient care across Hampton Roads and its supported commands. Transfusion Services is responsible for the testing, preparation, and distribution of blood products for surgical, trauma, and hematologic patients. It ensures safe and timely transfusion support through immunohematology testing, compatibility verification, and inventory management of blood components. The division also supports massive transfusions and contingency operations by maintaining validated procedures and reliable instrumentation. The solicitation will result in one (1) firm fixed price order through the GSA.

The estimated periods of performance are outlined below:

Base Period: 01 January 2026 – 31 December 2026

The scope of the requirement is listed in the Scope of Work (SOW). Naval Medical Center Portsmouth, VA (NMCP) requests responses from qualified sources capable of providing services outlined in the SOW.

ADMINISTRATIVE INFORMATION

Contracting Officer: Matthew Teel

The Question and Answer period of the solicitation can be found in ADDENDUM to 52.212-1 – INSTRUCTIONS TO OFFERORS – COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

The closing date of the solicitation can be found in ADDENDUM to 52.212-1 – INSTRUCTIONS TO OFFERORS – COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

The evaluation criteria can be found in ADDENDUM to 52.212-2 – EVALUATION – COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

ADMINISTRATIVE INFORMATION

The point of contact for administrative concerns at Defense Health Agency (DHA), is Mr. Matthew Teel, matthew.d.teel.civ@health.mil.

FFP

Two (2) Immunohematology Blood-Grouping Analyzer Cost Per Test Contract GEL Analyzers, to perform the same tests to provide redundancy forming a blood grouping analyzer system. Laboratory, hematology, blood grouping, automated. TO INCLUDE REGEANTS, QUALITY CONTROL, TRAINING, MAINTENANCE, AND CONSUMABLES IAW ATTACHED STATEMENT OF WORK (SOW), to be BILLED MONTHLY IN ARREARS for Naval Medical Center Portsmouth (NMCP). Capable to perform following tests IAW SOW; ABO/Rh Typing (Estimated Quantity = 26,400), Antibody Identification (Est. Qty. = 2,400), Antibody Screening (Est. Qty. = 8,400), Antibody Titers (Est. Qty. = 1,200), Antigen Typing (Est. Qty. = 1,200), Direct Antiglobulin Test (Est. Qty. = 4,800), Crossmatch (Est. Qty. = 3,600), Fetal Maternal Hemorrhage Screen (Est. Qty. = 1,200), Rh Immunoglobulin Workup (Est. Qty. = 1,200). The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification, or a DoD recognized unique identification equivalent FOB: Destination MFR PARTNER: <To Be Entered Upon Award> ADDITIONAL MARKINGS: ATTN: <To Be Entered Upon Award>

PSC CD: 6515

FFP

In accordance with the Scope of Work (SOW).

FOB: Destination

Department of Defense

Defense Health Agency

Scope of Work

Immunohematology Blood-Grouping Analyzer Cost Per Test Contract

Naval Medical Center Portsmouth, VA (NMCP)

Laboratory/Transfusion Services Department

Solicitation Number: RFQ1787669

Version: 1

Date: 24 November 2025

1.0 Background/Acquisition History of the item(s) required.

1.1 The Naval Medical Center Portsmouth (NMCP) requires two automated immunohematology analyzers, along with associated reagents, quality control materials, maintenance services, and consumables, to support the Transfusion Services Division of the Laboratory Department. This division is integral to both routine and emergent patient care across Hampton Roads and its supported commands. Transfusion Services is responsible for the testing, preparation, and distribution of blood products for surgical, trauma, and hematologic patients. It ensures safe and timely transfusion support through immunohematology testing, compatibility verification, and inventory management of blood components. The division also supports massive transfusions and contingency operations by maintaining validated procedures and reliable instrumentation.

1.2 The requested immunohematology analyzers perform critical testing functions, including ABO/Rh typing, antibody screening, and crossmatching. These systems are essential for ensuring transfusion safety, minimizing turnaround time, and maintaining compliance with regulatory standards established by the Food and Drug Administration (FDA), Association for The Advancement of Blood and Biotherapies (AABB), and College of American Pathologists (CAP). Their integrated software platforms enable automated workflows, data integrity, and traceability, which are key elements in both clinical care and operational readiness. The accompanying reagents, quality control materials, maintenance services, and consumables are necessary to sustain uninterrupted analyzer performance, ensure timely software updates, and provide rapid technical support. Without these provisions, Transfusion Services would face delays in blood product release, increased risk of transfusion-related errors, and diminished readiness for inpatient care and military medical contingencies.

2.0 Purpose.

2.1 The proposed action is for a Cost Per Test (CPT) contract for two (2) analyzers – laboratory – immunohematology - blood grouping - automated, reagents, quality control, maintenance, and consumables for NMCP. These analyzers shall be the same model and perform the same tests to provide redundancy to form a blood grouping analyzer system. If a vendor solution requires more than one model analyzer to provide all required tests, vendors shall propose two of each model analyzer to meet the required redundancy.

3.0 Delivery Period

3.1 Period of Performance / Delivery Period: 01 January 2026 through 31 December 2026.

3.2 Number of Option Periods: No options are required for this effort.

4.0 Name/Nomenclature of item and quantity required:

4.1 Two (2) Analyzers, Laboratory, Immunohematology, Blood Grouping, Automated

5.0 Essential Characteristics:

5.1 The vendor shall ensure the analyzers and cost-per-test meet the following essential characteristics.

5.1.1 The blood grouping analyzers shall be fully automated, benchtop type analyzers capable of performing routine blood cross matching, ABO grouping and subgrouping, Rh and other red cell phenotyping, and antibody detection.

5.1.2 The automated blood grouping analyzers shall have a minimum daily throughput of 140 tests per day, or better.

5.1.3 The blood grouping analyzers shall be capable of gel technology.

5.1.4 The analyzers shall be capable of pre-transfusion and compatibility testing for patients in the emergency room, operating rooms, labor and delivery, hematology oncology, and pediatric and adult intensive care units (ICU).

5.1.5 The analyzers shall be capable of ABO/Rh/Grouping, ABO/Rh Confirmation, Antibody Screens, Antibody Identification, Selected Cell Panel, Rh Phenotype (C, c, E, e), Donor Confirmation, Crossmatch (Anti-Human Globulin (AHG), Antigen Typing, Serial Dilutions for Titration Studies, Direct Antiglobulin Test (DAT) (Polyspecific), DAT (IgG), and Cord Blood Testing.

5.1.6 The analyzers shall be capable of no-wash antiglobulin procedures to reduce testing time and liquid waste.

5.1.7 The analyzers shall not require antiglobulin control cells.

5.1.8 The analyzers shall be capable of processing various sample types including sedimented blood, plasma or serum.

5.1.9 The analyzers shall be capable of operating in various modes including continuous, random STAT and batch specimen. The analyzers shall be capable of processing various adult and pediatric test tubes.

5.1.10 The vendor shall provide two (2) printers.

5.1.11 The vendor shall provide six (6) patient sample racks per analyzer.

5.1.12 The vendor shall provide two (2) tables, each with a maximum dimensional footprint of 6 feet high x 9 feet wide (H x W).

5.1.13 The system, including claims made for the product, shall be compliant with FDA regulations, and shall be FDA approved, with respect to marketing and delivering medical products for use in the United States of America. These requirements shall apply even if delivery is requested outside of the United States of America.

5.1.14 The system shall be installed in compliance with Occupational Safety and Health Administration (OSHA) requirements.

5.1.15 The hematology blood-grouping analyzers shall be capable of performing at least, but not be limited to, the tests listed below. The blood grouping analyzers shall be capable of performing each test at least at the minimum workload indicated below:

Table 01: Hematology Blood-Grouping Analyzers Minimum Annual Quantities

6.0 List specific delivery, transportation, and installation requirements.

6.1 The vendor shall ensure to provide the following delivery, transportation, and installation requirements.

6.1.1 The vendor shall be responsible for the delivery, transportation, and installation of all required items. This includes uncrating, transporting the analyzers through the facility to the designated location, and removing all packaging waste. If interim storage is required, the vendor must arrange and manage storage until installation is completed. The vendor must also perform initial instrument operational validation. The vendor is also responsible for the initial instrument operational and performance validations.

6.1.2 To ensure continuous operation, deliveries must be structured based on the required testing volume. The monthly supply packages should support a minimum of:

· 2200 ABORh typing,

· 200 antibody identification,

· 700 antibody screening,

· 100 antibody titers,

· 100 antigen typing,

· 400 direct antiglobulin test,

· 300 crossmatch,

· 100 fetal maternal hemorrhage screen, and

· 100 RhIG workup tests per month.

6.1.3 Vendors must specify their package sizes and quantities, ensuring alignment with the required number of tests per month.

6.1.4 Each delivery shall include automated blood grouping reagents, quality control materials, consumables necessary for operations, including but not limited to test cartridges, sample racks, pipettes and other necessary lab accessories.

6.1.5 The vendor must define their unit of measure for containers, test kits, reagent bottles, etc., ensuring consistency in the delivery schedule.

6.1.6 The total annual supply must support a minimum of:

· 26,400 ABORh typings,

· 2,400 antibody identifications,

· 8,400 antibody screenings,

· 1,200 antibody titers,

· 1,200 antigen typings,

· 4,800 direct antiglobulin tests,

· 3,600 crossmatches,

· 1,200 fetal maternal hemorrhage screens, and

· 1,200 RhIG workups Comment by Teel, Matthew D CIV DHA DHA CONTRACTING ACT (USA): First time use.

6.1.7 Upon installation, the vendor shall provide:

6.1.7.1 A 30 -day validation period to confirm operational accuracy, including normal range verification, linearity studies, and replication tests.

6.1.7.2 User training for at least two staff members upon installation and annually thereafter.

6.1.7.3 Preventive maintenance coverage and Laboratory Information system (LIS) integration support.

6.1.7.4 Shipping shall be Free Onboard Shipping (FOB) Destination

6.1.8 Reagent and Supply Delivery:

6.1.8.1 All supplied items and reagents shall be certified for use with the equipment provided by the selected vendor.

6.1.8.2 All supplied items and reagents that require special handling (e.g. refrigeration, time sensitivity, immediate open, etc.) will be marked in an explicit manner with a label that is easily read, understandable, and a minimum of 3 inches x 3 inches (9 sq. inches). The label will be placed in three (3) or more locations on the container (top & two sides). Supplies or items that require refrigeration will have both the required Celsius and Fahrenheit temperature identified.

6.1.8.3 The contractor shall provide deliveries to the delivery point identified below:

Naval Medical Center Portsmouth Laboratory (Blood Bank) 620 John Paul Jones Circle Building 2, 1st Floor Portsmouth, VA 23708

7.0 Unique facility specifications/accommodations required for the equipment to be operational within the facility.

7.1 <Reserved>

8.0 Equipment required to be stationary to include dimensions of the available space.

8.1 The dimensions of the available space for the two (2) analyzers shall not exceed 84 inches x 102 inches x 48 inches (H x W x D) collectively.

9.0 Environmental factors regarding the equipment should be taken into consideration.

9.1 See Section 6.1.8.2.

10.0 Annotate the voltage and electrical requirements for the equipment.

10.1 The electrical requirements for each analyzer are 120V and 60 Hz.

11.0 Original Equipment Manufacturer (OEM) authorized dealer/distributor/seller for any service, software, warranty, or maintenance requirements.

11.1 The contractor shall be an OEM authorized dealer, authorized distributor, or authorized reseller for the proposed equipment/system such that OEM warranty and service are provided and maintained by the OEM. All software licensing, warranty, and service associated with the equipment/system shall be in accordance with the OEM terms and conditions.

12.0 Training.

12.1 The vendor shall provide user training for two (2) staff members upon installation.

12.2 The vendor shall provide user training for a minimum of two (2) staff members for the delivery period.

12.3 The vendor shall provide two (2) operational and two (2) service manuals.

12.4 Off-site training is preferred. On-site training shall be available.

12.5 Online training shall also be available on the vendor’s website.

13.0 Maintenance of the equipment.

13.1 The vendor shall provide LIS support and training for auto-validation of assays.

13.2 The vendor shall respond to corrective maintenance calls within one (1) hour of initial complaint via telephone.

13.3 If the issue cannot be corrected over the telephone, the vendor shall provide on-site support to correct the issue within 48 hours.

13.4 The Vendor Field Service Engineers shall be original equipment manufacturer (OEM) trained, experienced, and English-speaking personnel. The Vendor shall provide all labor, tools, diagnostic equipment, software, material, supplies, transportation, parts and equipment necessary to perform Preventive Maintenance (PM), Calibration (CAL), Safety Testing (ST), and corrective maintenance (CM).

13.5 The Vendor shall provide telephonic communications to discuss technical matters relating to the performance of this contract. An English-speaking systems operator shall be made available to answer technical questions regarding system operations and applications.

13.6 Equipment listed in this contract will be maintained to meet and retain the OEM’s specifications and/or equipment certification.

13.7 Normal Business Hour Maintenance Coverage will be Monday through Friday, between 8:00 A.M. to 5:00 P.M. EST. The vendor shall provide full-service preventive maintenance.

13.8 Preventive maintenance shall be performed in accordance with OEM recommendations.

13.9 The vendor shall perform preventive maintenance service checks during the base contract period at the OEM’s recommended intervals. Vendor will also perform preventive maintenance service checks during each option year at a date and time mutually agreed upon by the vendor and the Government.

13.10 All test equipment used in the performance of this contract shall be calibrated, as required by the OEM, and shall be in compliance with The Joint Commission (JC), OEM, the College of American Pathologist’s (CAP), and Food and Drug Administration (FDA), and National Institute for Standards and Technology (NIST) standards.

13.11 Corrective Maintenance

13.11.1 Vendor shall provide on-site corrective maintenance between the hours of 8:00 A.M. and 5:00 P.M. EST, Monday-Friday, to include unlimited service calls. Telephonic support shall be available 24 hours per day, 7 days per week, 365 days a year, excluding Federal Government holidays, which are identified online at the following site: https://www.opm.gov/policy-data-oversight/pay-leave/pay-administration/fact-sheets/holidays-work-schedules-and-pay.

13.11.2 A vendor service technician shall respond via telephone within two (2) hours after receipt of trouble call and provide on-site service within twenty-four (24) hours. Equipment shall be operational within forty-eight (48) hours of the initial trouble call.

13.11.3 Government request for corrective maintenance will be placed by NMCP Biomedical Engineering Division (BIOMED) personnel, to the Vendor. Corrective maintenance shall be completed during the hours specified in the contract.

13.11.4 The vendor’s response to requests for service may include telephone consultation with the equipment user/operator and a Vendor Field Service Engineer (FSE). Telephone consultation 1) shall provide instruction in determining operator error; 2) shall determine the most likely cause of the problem; 3) shall determine if resolution of the problem requires the dispatch of a Field Service Engineer (FSE); and 4) should identify replacement parts likely to be required to return the equipment to 100% operational condition as specified by the OEM.

13.11.5 The vendor’s pricing shall be inclusive of all costs including parts, consumables, labor, travel, and shipping.

13.11.6 The vendor FSE shall have his/her own service manuals, specifications, schematic diagrams, and parts lists to assist in the evaluation and repair of all equipment included in this contract.

14.0 Replacement Parts/Updates

14.1 The vendor shall have ready-access to unique and/or high-mortality replacement parts. All parts supplied shall be compatible with the existing system. In the event replacement parts are required to be shipped, shipping shall be performed in the fastest reasonable means possible at no additional cost to the Government.

14.2 The vendor shall replace all worn or defective parts necessary to restore the equipment to 100% operational condition as specified by the OEM.

14.3 Freight, postage, and storage charges associated with shipment and receipt of replacement parts and the return of parts shall be the responsibility of the vendor.

14.4 All replacement parts shall be new, non-refurbished, and certified as OEM replacement parts.

14.5 The vendor shall install software revisions and updates (field service changes) that are required by FDA- or manufacturer-announced safety hazards, alerts, or recalls, including the FDA Year 2000 (Y2K) Compliance Directive, as part of the contract at no additional cost to the Government. Updates and revisions shall be performed as soon as possible after release, no later than the first scheduled Preventative Maintenance inspection after release. For any updates that have been identified as critical or required for the proper operation of equipment by the OEM, the vendor shall provide installation within 30 days of release regardless of preventative maintenance schedules.

14.6 With prior approval from the Government, the vendor may perform hardware/software upgrades as they become available.

15.0 Government Furnished Property, Materials and Services

15.1 The Government will be responsible for maintaining the proper environment, including utilities and site requirements necessary for the system to function properly as specified by the OEM.

15.2 The Government will operate the system in accordance with the instruction manual provided by the OEM.

15.3 The Government will not be responsible for the damage or loss due to fire, theft, accident, or other disaster of Vendor supplies, materials, or for the personal belongings brought onto Government property by Vendor’s personnel.

16.0 Vendor Furnished Property and Material.

16.1 The vendor shall provide all service literature, reference publications, laptop computers, and diagnostic software to be used by the vendor FSE as required for the completion of the services in accordance with this contract.

17.0 Vendor Report Requirements.

17.1 During normal duty hours, vendor FSE personnel shall check-in with the Biomedical Engineering Division upon arrival at the Government site and again prior to departure. The vendor FSEs shall personally notify BIOMED personnel of problems that result in the equipment being left disabled upon their departure. If equipment is left disabled, a method of physical use prevention of the disabled equipment shall be implemented, and the disabled equipment shall be locked out with a letter of intent in compliance with OSHA regulation to prevent any patient hazards. After normal duty hours, vendor FSEs shall notify the Officer of the Day Desk and the Duty BIOMED personnel.

17.2 The vendor shall provide a full-service report to BIOMED and the blood bank representative within two (2) days of completion of all services performed. Each service report shall at a minimum document the following data legibly, in complete detail, and in English:

· Name of Vendor

· Contract Number

· Name of field service technician performing service

· Vendor log/control number

· Date, time (beginning and ending), and hours on-site for service call

· Description of problem reported by user

· Equipment identification factors to include manufacturer, make, model, serial number, and Facility Equipment Control Number (ECN)

· Itemized description of service performed to include labor and travel costs, parts used, parts cost, parts number/nomenclature, part new or reconditioned, part manufacturer, and problem/corrective action taken or recommended

· Problem resolution or pending action

· Total billing cost

· Signatures:

· Field Service Technician performing services

· BMET verifying service rendered (Identify Medical Treatment Facility)

· In the event agents / sub-vendors are used in the performance of repairs, said agent shall be identified on the service report by company name and contact information (i.e., telephone number)

18.0 Vendor Responsibility.

18.1 The vendor shall be responsible for the repair/replacement of damaged Government-owned equipment and property due to the negligence of the vendor or its representatives. All such replacements or repairs shall be at the vendor's expense and shall be inspected to the satisfaction of the Contracting Officer’s Representative (COR) or appointed BIOMED technical representative.

19.0 Removal of Government Property

19.1 No equipment shall be removed without the approval of the Materials Management Department of the Medical Treatment Facility (MTF). Property passes for equipment removal shall be obtained by the vendor via the Materials Management Department of the MTF. Any failure to obtain such passes which results in detainment or prosecution of vendor FSE personnel are the sole responsibility of the service vendor personnel.

19.2 The vendor shall provide a detailed description of removed items in writing on the vendor’s company letterhead. For associated items/accessories, the vendor will provide a detailed written description and quantities of items to be removed. This description will include, as a minimum, the manufacturer’s serial numbers and facility equipment control numbers (ECNs) of all equipment and/or items removed. In the event items/sub-assemblies/accessories are “repaired by replacement,” a detailed description of replaced items is to be included upon return of repaired components.

19.3 No additional charge shall be allowed for work performed off-site, or any additional time required. All charges resulting from a vendor-determined requirement to transport Government-owned property, covered by this contract, to and from an alternate repair location shall be the responsibility of the vendor. The vendor shall provide insurance coverage for damage to or loss of equipment while in vendor custody.

19.4 In regard to patient information confidentiality and privacy, all vendors shall not remove equipment containing patient information from the Government site. The equipment hard drive(s) and/or solid-state drive(s) shall be removed at the MTF prior to removal. Furthermore, equipment removed from the MTF will be prorated from the date of removal for service maintenance fees. If hard drives are to be replaced, they shall be left at the MTF for disposal.

19.5 Hard Disk and Solid-State Drives (HDD & SSD): Regarding patient information confidentiality and privacy, all Contractors and/or service Contractors shall not remove equipment containing patient information from the NMC Portsmouth. HDD nor SSD shall ever be removed from the MTF, by the Contractor under this maintenance agreement. Removal of protected health information (PHI) and personally identifiable information (PII) from the equipment prior to removal from site must be properly coordinated with the COR and Command Equipment Manager.

20.0 Service Beyond the Scope of the Contract

20.1 The vendor shall immediately, but no later than 24 consecutive hours after discovery, notify BIOMED in writing of the existence of or of the development of any defects in, or repair required to, the contracted equipment, for which the vendor considers they are not responsible under the terms of this contract.

20.2 At the same time of this written notification, the vendor shall furnish BIOMED with a written cost estimate to make the necessary repairs. Repairs considered by the Contracting Officer to be outside the scope of this contract shall not be covered under this contract but shall be ordered under a separate purchase order.

21.0 Cybersecurity.

21.1 List any specifications for Authorization to Operate (ATO) approvals for this equipment.

21.1.1 The vendor’s proposed system may require ATO approval prior to installation. The system shall bi-directionally interface with the DoD LIS, Military Health System (MHS) Genesis. If the contractor does not have an ATO for the equipment, they will be provided an opportunity to obtain one.

22.0 Performance Requirements Summary Matrix.

22.1 By monitoring the Contractor, the Contracting Officer Representative (COR) will determine whether the performance levels set forth in the order have been attained. Performance standards are specified in the following Performance Requirements Summary Matrix in the Standard and Acceptable Quality Level columns.

Table 02: Performance Requirements Summary Matrix

Vendor Furnished Property and Material, SOW Section 16.0

Vendor Report Requirements, SOW Section 17.0

Vendor Responsibility, SOW Section 18.0

23.0 Points of Contact

23.1 Points of Contact:

End User POC: To be completed at award Email: To be completed at award Phone: Office To be completed at award

Contracting Officer Representative (COR): To be completed at award Email: To be completed at award Phone: To be completed at award

Contracting Officer: Matthew Teel Email: matthew.d.teel.civ@health.mil Phone: To be completed at award

DELIVERY INFORMATION

31-DEC-2026

NAV MED CNT PORTSMOUTH VA - MM

ATTN SUPPLY OFFICER BLDG 250

54 LEWIS MINOR STREET

PORTSMOUTH VA 23708-2297

FOB: Destination

HT0242

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLAUSES INCORPORATED BY REFERENCE

Commercial Services

SEP 2023

Commercial Services

NOV 2023

Statutes or Executive Orders--Commercial Products and Commercial Services

DEC 2023

Officials

SEP 2022

Controls

OCT 2016

Incident Reporting

JAN 2023

Support

JAN 2023

The Government of a Country that is a State Sponsor of Terrorism

MAY 2019

Hazardous Materials

SEP 2014

Reports

DEC 2018

Services

NOV 2023

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--

(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)

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT

2020)

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

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

(c) Representations.

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

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

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS - COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEVIATION 2023-O0002) (DEC 2022) ALTERNATE I (OCT 2014) The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

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

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

Forced or indentured child labor means all work or service -

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

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

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

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology -

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

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

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

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

Service-disabled veteran-owned small business concern -

(1) Means a small business concern -

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

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

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

Small business concern –

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

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party…