COMBINED SYNOPSIS SOLICITATION TCE MHE FORKLIFT REPAIR N32205-21-Q-2076 FINAL.pdf
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MILITARY SEALIFT COMMAND
N10 - CONTRACTS AND BUSINESS MANAGEMENT DIRECTORATE
COMBINED SYNOPSIS/SOLICITATION TEMPLATE
Military Sealift Command Combined Synopsis and Solicitation Notice Information
1. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in
FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.
2. Solicitation number is N32205-21-Q-2076 and is being issued as a Request for Quotes (RFQ).
3. The solicitation document and incorporated provisions and clauses are those in effect through
Federal Acquisition Circular (FAC) FAC 2021-04/ 01-19-2021 located on https://www.acquisition.gov
4. The associated NAICS code is 811310 and the associated PSC code is J039 for this procurement: NOTE:
A Class Waiver is not applicable to a procurement unless the NAICS code, PSC, and NAICS Code Descriptor currently in effect, match the item(s) being procured.
is not being set-aside for small businesses.
is being set-aside for Small Business.
5. The table below lists the Contract Line Item Number(s) (CLIN(s)) and items, quantities and units of measure, inclusive of any applicable options:
SERVICES
CLIN DESCRIPTION QUANTITY UNIT OF
MEASURE
0001 Inspect, service, repair, weight test and certify Hyster forklifts in accordance with the Statement of Work below. Service will include labor, travel and material.
1 EACH
6. Statement of Work
Inspection, maintenance and tests are crucial elements involved in the safe operation of Materials Handling
Equipment (MHE) that will improve the overall condition of the equipment and lessen the possibility of accidents.
The maintenance requirements of this contract explained in the Technical Exhibits, along with the preventive maintenance provisions of Naval Supply Command Publication (NAVSUP PUB) 538 and Handling Ammunition and Explosives with Material Handling Equipment found in NAVSEA SWO23-AH-WHM-010 shall be observed by maintenance personnel, as applicable, concerned with inspecting, operating, servicing and repairing MHE.
Materials Handling Equipment (MHE) is approved for use based on design parameters (Shipboard) that allow for the safe and efficient handling of ammunition and explosives in specific operational areas. Careless maintenance or improper operation of MHE may result in personnel injury or property damage even if the approved MHE is used.
Therefore, it is imperative that all requirements listed on Technical Exhibits are completed and strictly enforced on the MHE Safety Certification form. Caution should be taken to avoid injury and damage of mission essential equipment. Improperly serviced and maintained MHE can pose a significant safety hazard to both personnel
(through injury) and mission essential equipment (through direct damage). Non-operational MHE significantly degrades the mission readiness of deployed MSC vessels. The contactor must perform forklift inspection, periodic testing, weight tests, re-stencil forklift, certification paperwork, aerial work platforms inspections, and maintenance actions IAW NAVSUP P-538 and NAVSEA SW023-AH-WHM-010.
The following work items shall be accomplished by the selected service provider (contractor) in conjunction with this repair and maintenance requirement. The Government intends to award a Fixed Price Contract to the selected service provider:
a. Services to MHE identified in Tables 1, 2 and 3 below, shall be performed onboard the customer activity vessel.
The Contractor’s quote shall specify the proposed location of the service and provide a summary of the proposed process for maintenance, repairs, and safety recertification.
b. Contractor shall perform all related inspections (incl. fork/tines), maintenance, repair, testing and certification of
MHE identified in Tables 1, 2 and 3 in accordance with the requirements set forth in references (a) and (b), attachments 1 through 5 (technical exhibits), and appropriate vehicle technical manuals.
c. Contractor shall conduct training and instruction for up to three (3) crewmembers in the procedures associated with the successful completion of periodic maintenance and repair of all equipment listed in Tables 1, 2 and 3, below.
d. Contractor shall conduct training and instruction for up to three (3) crewmembers in the procedures required to test and certify all onboard Material Handling Equipment (MHE) – and associated equipment – in accordance with the procedures and requirements set forth in references (a) and (b).
e. Contractor shall perform an operational check on all forklift batteries installed in MHE identified in Table 1.
Contractor shall provide a condition report on batteries including all recommended repair/replacement actions.
f. Contractor shall conduct training for up to three (3) crewmembers in the appropriate use and maintenance of installed electric forklift battery chargers. Contractor shall perform or oversee an operational check on all battery chargers listed in Table 3 to ensure proper operation, voltage, and amperage settings. Contractor shall reset battery chargers in accordance with the specifications provided in the affiliated battery charger technical manuals and per direction from the ship’s Chief Engineer, as required.
g. Contractor shall train ship’s crew in the performance of basic/general corrosion control, spot painting techniques and proper marking/stenciling on all MHE identified in Tables 1, 2 and 3 utilizing appropriate wire brush and approved application processes. Contractor shall perform these service requirements (as required) if beyond the capability and/or availability of ship’s personnel. Approved spot paint includes brand types: Enamel Gray Primer
(V2182838), Black Rust Reformer (215634), Equipment Yellow Paint (V2148838), and Gloss Black paint
(V2179838), or equivalent. Scope of repair work includes: repair/replacement of brakes (including parking brakes, master cylinders, wheel cylinders, brake shoes, and brake lines); lights and light wiring; vehicle electronics and computers; encoder bearings; bushings; mechanical and hydraulic systems; hydraulic hoses; lifting components;
repack lift and tilt cylinders as necessary; verification of error codes and completion of repairs required to clear the codes; re-stenciling; tire replacement utilizing vessel tire stock and onboard tire press. Items outside the scope of work include: transmission repairs, major engine repairs, differential repairs, and repairs requiring the removal of any major component (e.g. engine, mast, counterweight, axle).
i. Contractor shall perform a test of all rear brake systems on standard HYSTER forklifts listed in Table 1 by lifting the rear axle off the ground, applying the brakes and testing the brake operation. Proper operation of the rear master cylinder and wheel cylinders will be verified. Master cylinder and brake drums shall be adjusted to ensure appropriate rotational resistance of the rear wheel with brake pressure applied.
j. Contractor shall perform a periodic maintenance service on the aerial work platform (AWP) identified in Table 2 in accordance with manufacturer recommendations.
k. Contractor shall complete a safety certification and weight test on the aerial work platform (AWP) listed in Table
2 in accordance with the requirements set forth in reference (b). Refer to NAVSUP P-538, 6th edition, para 8-7.6 and figure 8-16.
l. Contractor shall remove, and inspect the counterweight, mounting bolt, and the base plate threads for wear on all shipboard diesel forklifts to include removing the bolt, and counter weights for inspection of rust, corrosion, and worn threads on the bolts, and threaded base plate surface. Contractor shall re-install the counterweight, and mounting bolts that are within SAE standards, and re-torque the counterweight bolts to 410 foot pounds, or replace the bolts, and re-thread the base plates that fail the visual inspection, as required.
m. In preparation for the onboard service, the contractor shall coordinate with the vessel’s Chief Engineer to prepare an estimate of required parts needed to complete the service. Based on this evaluation, the Contractor shall provide a quote to MSC for repair parts. Upon approval and authorization from an official DOD contracting officer, the Contractor shall procure all required parts and liaise with the MHE Program Support Office (MSC N44) for prepositioning materials onboard the ship expeditiously and prior to start of the MHE recertification project. All supporting parts must be staged aboard the vessel prior to commencement of the service.
7. Equipment to be serviced:
USNS WASHINGTON CHAMBERS - TABLE 1
MANUFACTURER MODEL MSC
NUMBER
SERIAL
NUMBER
TYPE/SAFETY
HYSTER E40ZG 2302082 G108N09514F STD ELEC
HYSTER E40ZG 2302529 G108N11329G STD ELEC
HYSTER E40ZG 2302530 G108N11331G STD ELEC
HYSTER E40ZG 2302531 G108N11321G STD ELEC
HYSTER E40ZG 2302532 G108N11336G STD ELEC
HYSTER E60ZG 2302130 G108N09176F STD ELEC
HYSTER E60ZG 2302533 G108N11471G STD ELEC
HYSTER E60ZG 2302534 G108N11474G STD ELEC
HYSTER E60ZG 2302535 G108N11480G STD ELEC
HYSTER E60ZG 2302536 G108N11399G STD ELEC
HYSTER E60ZG 2302537 G108N11436G STD ELEC
HYSTER E60ZG 2302538 G108N11465G STD ELEC
HYSTER E100Z 2302539 E098N02444G STD ELEC
HYSTER E100Z 2302540 E098N02445G STD ELEC
HYSTER E100Z 2302541 E098N02450G STD ELEC
HYSTER E100Z 2302542 E098N02451G STD ELEC
HYSTER S60FTG 2302543 F187G15960H STD DIES
HYSTER S60FTG 2302544 F187G15961H STD DIES
HYSTER S60FTG 2302545 F187G15962H STD DIES
HYSTER S60FTG 2302546 F187G15965H STD DIES
HYSTER S60FTG 2302547 F187G15971H STD DIES
HYSTER S60FTG 2302548 F187G15976H STD DIES
HYSTER S60FTG 2302549 F187G15979H
STD DIES
HYSTER S60FTG 2302550 F187G15980H STD DIES
HUBTEX VQ 45/4 2900098 62071 ELEC SIDELDR
HUBTEX VQ 45/4 2900099 62072 ELEC SIDELDR
HUBTEX VQ 45/4 2900100 62073 ELEC SIDELDR
USNS WASHINGTON CHAMBERS - TABLE 2
USNS WASHINGTON CHAMBERS - TABLE 3
MANUFACTURER SERIAL NO. MODEL NOMINAL OUTPUT
CHARACTERISTICS
ENERSYS INC. IB59407 SES3C-18-1050BNL20 36V DC BATTERY CHARGER
ENERSYS INC. IB59405 SES3C-18-1050BNL20 36V DC BATTERY CHARGER
ENERSYS INC. IB59402 SES3C-18-1050BNL20 36V DC BATTERY CHARGER
ENERSYS INC. IB59404 SES3C-18-1050BNL20 36V DC BATTERY CHARGER
ENERSYS INC. IB59400 SES3C-18-1050BNL20 36V DC BATTERY CHARGER
ENERSYS INC. IB59408 SES3C-18-1050BNL20 36V DC BATTERY CHARGER
ENERSYS INC. IB59406 SES3C-18-1050BNL20 36V DC BATTERY CHARGER
ENERSYS INC. IB59403 SES3C-18-1050BNL20 36V DC BATTERY CHARGER
ENERSYS INC. IB59390 SES3C-18-1050BNL20 36V DC BATTERY CHARGER
ENERSYS INC. IB59411 SES3C-18-1050BNL20 36V DC BATTERY CHARGER
ENERSYS INC. IB59410 SES3C-18-1050BNL20 36V DC BATTERY CHARGER
ENERSYS INC. IB59401 SES3C-18-1050BNL20 36V DC BATTERY CHARGER
ENERSYS INC. IB59598 SES3C-36-1050BNL20 72V DC BATTERY CHARGER
ENERSYS INC. IB59601 SES3C-36-1050BNL20 72V DC BATTERY CHARGER
ENERSYS INC. IB59596 SES3C-36-1050BNL20 72V DC BATTERY CHARGER
ENERSYS KIB4350 SSC-6-550Z
PORTABLE BATTERY
CHARGER
ENERSYS KIB4351 SSC-6-550Z
PORTABLE BATTERY
CHARGER
MANUFACTURER MODEL
MSC
NUMBER
SERIAL
NUMBER
TYPE
WESLEY INT'L 42-27-60XTSB 2800073 05Y10258 PALLET TRUCK
WESLEY INT'L 42-27-60XTSB 2800074 05Y10256 PALLET TRUCK
WESLEY INT'L 42-27-60XTSB 2800075 06Y10326 PALLET TRUCK
WESLEY INT'L 42-27-60XTSB 2800076 06Y10325 PALLET TRUCK
WESLEY INT'L 42-27-60XTSB 2800077 05Y10255 PALLET TRUCK
WESLEY INT'L 42-27-60XTSB 2800078 05Y10257 PALLET TRUCK
WESLEY INT'L 42-27-60XTSB 2800079 06Y10327 PALLET TRUCK
WESLEY INT'L 42-27-60XTSB 2800080 06Y10328 PALLET TRUCK
GENIE Z-45/25J IC 2500012 Z452511A-40650
BOOM, ARM
LIFT
8. Deliverables:
The Contractor shall provide:
(1). A condition report for all units listed in Tables 1, 2 and 3 to the MHE Program Support Office at MSC Norfolk
(N44) within 10 days of receipt/review and assessment of MHE. A copy of the condition reports will be provided to the ship’s Master or his designated representative upon request.
(2). A quote (if applicable) for any additional repairs and services identified beyond the scope of the initial contract award. The quote will be provided to the MSC Norfolk points of contact (listed below) within 10 days of receipt/review and assessment of MHE.
(3). Final condition reports (if applicable) containing any and all remaining additional work requirements to the
MHE Program Support Office no later than 15 days prior to the end of the scheduled Period of Performance (POP) listed in paragraph 4, above.
(4). A complete and signed MHE Safety Certification form for each unit listed in Table 1 and 2. The crew member performing/assisting in the certification shall also sign each document. The original signed forms shall be provided to the ship's Master or his designated representative.
(5). A complete and signed Fork Inspection form for each unit listed in Table 1. The original signed forms shall be provided to the ship's Master or his designated representative.
(6). Contractor shall complete and sign a Safety Certification form relative to all Aerial Work Platform (AWP) asset(s) and ordnance pallet mules (Trucks/Jacks) listed in Table 2 in accordance with references (a) and (b), associated equipment technical manuals and attached technical exhibits.
(7). Safety Certification markings/labeling stenciled or affixed to each unit listed in equipment Tables 1, 2 and 3.
(8). A condition report on all batteries installed in electric and diesel forklifts, and, in addition, a condition report for all shipboard MHE battery chargers (as required).
(9). Contractor shall out-brief the ship’s Master and Chief Engineer on the completed service project prior to departing the vessel. A written report shall accompany this out-brief.
(10). A copy of all condition reports, inspection forms and certification paperwork furnished to the ship’s Master, Chief Engineer or designated representative. Additionally, a copy of these documents shall be provided to the MHE
Program Support Office at MSC Norfolk (N44).
9. Qualifications: The selected service provider/contractor must meet the following qualifications.
a. All management and technical personnel performing above listed services must be able to demonstrate these skills:
- Three years’ experience performing safety certifications on shipboard-approved electric forklifts, diesel forklifts, and aerial work platforms (AWP) in accordance with the requirements set forth in the NAVSEA SW023-
AH-WHM-010, NAVSUP PUB 538, and equipment technical manuals.
- Experience performing independent services to shipboard MHE while the equipment is located onboard a vessel. This shall include the maintenance, repair, and safety certification of all MHE onboard multiple vessels configured with electric forklifts, diesel forklifts, manual pallet jacks, ordnance handling trailers, aerial work platforms (AWP) and 36V-72V battery chargers.
- Independent services shall be defined as performing the service without direct supervision from shipboard personnel. Services performed with the "assistance" of junior personnel, or personnel in training, qualify as independent.
- Three years’ experience interpreting, trouble-shooting, and resetting HYSTER MHE on-board dash displays.
b. Contractor shall staff and equip the service with the capability to perform all actions without assistance from ship’s personnel.
c. Contractor must have access to technical manuals and diagnostic manuals applicable to the equipment being serviced.
d. Contractor shall have the ability to change/press tires using existing onboard tire press (if available) and/or obtain alternate services relative to satisfying the MHE asset requirement.
e. Contractor must be able to perform the required services within the period of performance identified in the
Statement of Work. If additional work is identified, and approved by the Government, the Contractor must have the ability to ride the vessel underway (if necessary) to complete the additional service work.
f. Contractor shall complete a security form for each employee that will be servicing MHE onboard government installations and submit the information (including, but not limited to name, social security number, and birth date) to Military Sealift Command (MSC)/MSC Security Officer, as requested. The Government will provide approval for personnel to access installations for a pre-determined timeframe (up to one year), as appropriate.
g. Contractor personnel performing repairs and maintenance onboard MSC vessels or activities shall abide by all
DOD, Navy, MSC security requirements and clearance procedures required to access U.S. Government facilities and/or MSC vessels.
h. Proof of U.S. citizenship shall be provided in order to enter a U.S. military facility, if requested by the
Government. When accessing a U.S. Government installation, proposed contractor personnel shall be vetted by the
Government through the Government's El Paso Intelligence Center (EPIC) before accessing the Government installation.
10. MSC NORFOLK - Technical Points of Contact (POCs):
- Primary POC: Darias Wilson – Email: darias.wilson.ctr@navy.mil.com
Phone: 757-443-2482
- Alternate POC: Rosa King – Email: rosa.king.ctr@navy.mil
Phone: 757-443-5717
11. SHIPBOARD - Technical Points of Contact (POCs):
WASHIGTON CHAMBERS - Chief Engineer (CHENG):
Timothy Nesbitt
Email: Timothy.R.Nesbitt.civ@ake11.navy.mil (and/or) chambers.cheng@ake11.navy.mil
Ship phone(s): 850-549-0188
WASHINGTON CHAMBERS - Principal Port Engineer (PPE)
Erik Harwood
Email: erik.harwood@navy.mil
Office: 757-443-0880 mailto:darias.wilson.ctr@navy.mil.com mailto:rosa.king.ctr@navy.mil mailto:Timothy.R.Nesbitt.civ@ake11.navy.mil mailto:chambers.cheng@ake11.navy.mil mailto:erik.harwood@navy.mil
WASHINGTON CHAMBERS - Supply Officer (SUPPO):
Keith Reed
Email: keith.a.reed.civ@ake11.navy.mil (and/or) chambers.suppo@ake11.navy.mil
12. Travel:
a. Access paperwork: Will be provided by the regional Ship Support Unit (SSU), the ship’s Principal Port Engineer
(PPE) or vessel’s designated representative, as appropriate.
7. The provision at FAR 52.212-1, Instructions to Offerors – Commercial applies to this acquisition and is incorporated by reference. The provision is amended as follows:
52.212-1 (ADDENDUM) ADDITIONAL INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS
a. Any inconsistency between FAR Provision 52.212-1 and the Addendum to FAR 52.212-1 shall be solved by giving precedence to the Addendum to FAR 52.212-1.
b. After receipt of quotes the Government may, with or without notice, negotiate with and, if desired, seek quote revisions from as many or as few quoters as it, in its discretion, deems appropriate.
c. The term “offeror” or “offer” as used in FAR 52.212-1 shall be understood to mean “quoter” and
“quote,” respectively. Further, the term “award” shall be understood to describe the Government’s issuance of an order.
d. The Government will consider all quotes that are timely received and may consider late quotes.
Failure of a quote to address any items required in the submission package may make a quote unacceptable.
e. Paragraph (b) of FAR Provision 52.212-1, Submission of Offers, is amended as follows:
In addition to the quote submission requirements stated in FAR provision 52.212-1, quoters shall provide the following, as part of the quote submission package, no later than the required time and date for quote submission:
Responsible sources shall provide the following:
1. Price quote which identifies the requested item(s), unit price inclusive of shipping (if any), and extended price
2. Total Firm Fixed price
3. Any Discount Terms
4. Estimated time of delivery
5. Technical Submission Requirements
a. For Parts/Supply buy, the quote shall contain a description including part number and title for each item listed in the solicitation to allow the Government to verify that the quoted parts match the requirements listed in the requirements schedule.
b. Quote must contain proof that mechanics are experienced and qualified to perform service on the identified forklifts in paragraph 9 of this Statement of Work. Failure to provide proof of ehis requirement will be considered non-compliant and will be deemed non-responsive.
6. Responses to the solicitation are due 04 February 2021 @ 1200 noon, Norfolk, VA time. Quotes may be e-mailed to Shannon Rolince at Shannon.rolince@navy.mil and James Van Natta, james.vannatta@navy.mil. Please be sure to copy both parties with your quote. To be considered timely, an
E-mail quote must be received in its entirety in the designated E-mail inbox by the due date and time for mailto:keith.a.reed.civ@ake11.navy.mil mailto:chambers.suppo@ake11.navy.mil quote submission. Quotes received after that time will be considered at the Government’s sole discretion.
Please reference the solicitation number on your quote.
Primary Point of Contact: Shannon Rolince/757-443-0952/shannon.rolince@navy.mil
Secondary Point of Contact: James Van Natta/757-443-5949/james.vannatta@navy.mil
The Government will consider all quotes that are timely received and may consider late quotes in accordance with 52.212-1. Failure of a quote to address any items listed in the attached submission package may make a quote unacceptable.
8. Provision 52.212-2 Evaluation—Commercial Items (Oct 2014) applies to this acquisition.
(a) The Government may 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 following factors shall be used to evaluate offers:
(i) technical capability of the item offered to meet the Government requirement;
(ii) price;
Award shall be made to the lowest priced technically acceptable offeror in LPTA solicitations.
To be considered a technically acceptable solution for a parts procurement, the quoted parts shall meet the solicitation requirements including required parts, delivery dates, and terms and conditions stated in the solicitation.
To be considered a technically acceptable solution for a service, the quoted service shall meet the solicitation requirements including terms and conditions stated in the solicitation. The quote shall state that all aspects of the technical requirement, including required delivery date and part numbers, can be met.
The Government will evaluate quoted pricing for reasonableness utilizing techniques described in FAR 13.106-3.
(b) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror by the Government 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.
9. All Offerors must include a completed copy of FAR 52.212-3, Offeror Representations and Certifications –
Commercial Items with its offer.
10. Clause 52.212-4 Contract Terms and Conditions – Commercial items (OCT 2018), applies to this acquisition.
11. Clause 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders –
Commercial Items (OCT 2019), applies to this acquisition along with the following FAR Clauses cited in the clause are applicable.
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017)
(section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.
113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by
Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).
(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(5) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19
U.S.C. 3805 note)).
(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: (Contracting Officer check as appropriate.)
__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41
U.S.C. 4704 and 10 U.S.C. 2402).
____ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).
____ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June
2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment
Act of 2009.)
_XX (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L.
109-282) (31 U.S.C. 6101 note).
___ (5) [Reserved]
___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L.
111-117, section 743 of Div. C).
_X_ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).
____ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41
U.S.C. 2313).
____ (10) [Reserved]
____ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).
____ (ii) Alternate I (NOV 2011) of 52.219-3.
____ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014)
(if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
____ (ii) Alternate I (JAN 2011) of 52.219-4.
____ (13) [Reserved]
(14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).
____ (ii) Alternate I (NOV 2011).
____ (iii) Alternate II (NOV 2011).
____ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).
____ (ii) Alternate I (Oct 1995) of 52.219-7.
____ (iii) Alternate II (Mar 2004) of 52.219-7.
___ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).
____ (17)(i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637(d)(4)).
____ (ii) Alternate I (Nov 2016) of 52.219-9.
____ (iii) Alternate II (Nov 2016) of 52.219-9.
____ (iv) Alternate III (Nov 2016) of 52.219-9.
____ (v) Alternate IV (Aug 2018) of 52.219-9.
____ (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).
____ (19) 52.219-14, Limitations on Subcontracting (JAN 2017) (15 U.S.C. 637(a)(14)).
____ (20) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).
____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C.
657f).
__XX__ (22) 52.219-28, Post Award Small Business Program Rerepresentation (July 2013) (15 U.S.C. 632(a)(2)).
____ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-
Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).
____(24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns
Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).
XX (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
__XX__(26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).
XX (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
XX (28)(i) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).
____ (ii) Alternate I (Feb 1999) of 52.222-26.
____ (29)(i) 52.222-35, Equal Opportunity for Veterans (OCT 2015)(38 U.S.C. 4212).
____ (ii) Alternate I (July 2014) of 52.222-35.
XX (30)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).
____ (ii) Alternate I (July 2014) of 52.222-36.
___ (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).
____ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.
13496).
____ (33)(i) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O. 13627).
____ (ii) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
____ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in
22.1803.)
____ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May
2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
____ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
____ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (June, 2016) (E.O. 13693).
____ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners
(June, 2016) (E.O. 13693).
____ (38) (i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and
13514).
____ (ii) Alternate I (OCT 2015) of 52.223-13.
____ (39)(i) 52.223-14, Acquisition of EPEAT® Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).
____ (ii) Alternate I (Jun 2014) of 52.223-14.
____ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).
____ (41)(i) 52.223-16, Acquisition of EPEAT[supreg]-Registered Personal Computer Products (OCT 2015) (E.O.s
13423 and 13514).
____ (ii) Alternate I (Jun 2014) of 52.223-16.
XX (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O.
13513).
____ (43) 52.223-20, Aerosols (June, 2016) (E.O. 13693).
____ (44) 52.223-21, Foams (June, 2016) (E.O. 13693).
____ (45)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
____ (ii) Alternate I (JAN 2017) of 52.224-3.
____ (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).
____ (47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter
83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L.
103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
____ (ii) Alternate I (May 2014) of 52.225-3.
____ (iii) Alternate II (May 2014) of 52.225-3.
____ (iv) Alternate III (May 2014) of 52.225-3.
____ (48) 52.225-5, Trade Agreements (AUG 2018) 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
__XX__ (49) 52.225-13, Restrictions on Certain Foreign Purchases (JUNE 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
____ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016)
(Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
____ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150
____ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.
5150).
____ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10
U.S.C. 2307(f)).
____ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
XX (55) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Oct 2018) (31 U.S.C.
3332).
____ (56) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (July
2013) (31 U.S.C. 3332).
____ (57) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).
____ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
____ (59) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)).
____ (60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C.
Appx. 1241(b) and 10 U.S.C. 2631).
____ (ii) Alternate I (Apr 2003) of 52.247-64.
____ (iii) Alternate II (Feb 2006) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, 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: (Contracting Officer check as appropriate.)
_____ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).
_X__ (2) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).
__ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C.
chapter 67).
_____ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple
Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
_____ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (MAY
2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).
_____ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for
Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67).
_____ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain
Services--Requirements (MAY 2014) (41 U.S.C. chapter 67).
_X__ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015) (E.O. 13658).
____ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
_____ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph
(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the
Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1)in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).
(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017)
(section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.
113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by
Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).
(iv) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(v) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.
(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(vii) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).
(viii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
(x) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xii) 52.222-41, Service Contract Labor Standards (Aug 2018), (41 U.S.C. chapter 67).
(xiii) __XX_ (A) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O.
13627).
_____ (B) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for
Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)
(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain
Services--Requirements (May 2014) (41 U.S.C. chapter 67)
(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).
(xvii)52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).
(xviii) (A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
(B) Alternate I (JAN 2017) of 52.224-3.
(xix) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section
862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx
1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
13. The following additional information is applicable to this acquisition:
CLAUSES INCORPORATED BY REFERENCE
52.204-7 System for Award Management OCT 2018
52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011
52.204-13 SAM Maintenance OCT 2016
52.204-16 Commercial and Government Entity Code Reporting JUL 2016
52.204-21 Basic Safeguarding of Covered Contractor Information
Systems
JUN 2016
52.204-22 Alternative Line Item Proposal JAN 2017
52.212-1 Instructions to Offerors-Commercial Items (DEVIATION
2018-O0018)
MAR 2020
52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018
52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2017
52.232-18 Availability Of Funds APR 1984
52.232-39 Unenforceability of Unauthorized Obligations JUN 2013
52.232-40 Providing Accelerated Payments to Small Business
Subcontractors
DEC 2013
52.233-3 Protest After Award AUG 1996
52.237-2 Protection of Government Buildings, Equipment, and
Vegetation
APR 1984
52.245-1 Government Property JAN 2017
52.245-9 Use and Charges APR 2012
52.247-34 F.O.B. Destination NOV 1991
252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.203-7002
252.203-7005
Requirement to Inform Employees of Whistleblower Rights
Representation Relating to Compensation of Former DOD
Officials
SEP 2013
NOV 2011
252.204-7003 Control Of Government Personnel Work Product APR 1992
252.204-7004 Level I Antiterrorism Awareness Training for Contractors FEB 2019
252.204-7008 Compliance With Safeguarding Covered Defense Information
Controls
OCT 2016
252.204-7012 Safeguarding Covered Defense Information and Cyber
Incident Reporting
OCT 2016
252.204-7015 Notice of Authorized Disclosure of Information for Litigation
Support
MAY 2016
252.211-7007 Reporting of Government-Furnished Property AUG 2012
252.213-7000
252.222-7999
Notice to Prospective Suppliers on Use of PPIRS-SR in Past
Performance Evaluations
Combating Race and Sex Stereotyping (DEVIATION 2021-
O0001)
MAR 2018
NOV 2020
252.223-7008 Prohibition of Hexavalent Chromium JUN 2013
252.225-7001 Buy American And Balance Of Payments Program-- Basic DEC 2017
252.225-7002 Qualifying Country Sources As Subcontractors DEC 2017
252.225-7048 Export-Controlled Items JUNE 2013
252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports
DEC 2018
252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or
Hazardous Materials
SEP 2014
252.223-7008 Prohibition of Hexavalent Chromium MAY 2011
252.225-7048 Export-Controlled Items JUN 2013
252.232-7003 Electronic Submission of Payment Requests MAR 2008
252.232-7010 Levies on Contract Payments DEC 2006
252.237-7010 Prohibition on Interrogation of Detainees by Contractor
Personne
NOV 2010
252.244-7000 Subcontracts for Commercial Items JUN 2013
252.245-7001 Tagging, Labeling, and Marking of Government-Furnished
Property
APR 2012
252.245-7002 Reporting Loss of Government Property APR 2012
252.245-7003 Contractor Property Management System Administration APR 2012
252.245-7004 Reporting, Reutilization, and Disposal MARCH 2015
252.246-7003 Notification of Potential Safety Issues JUN 2013
252.247-7023
Transportation of Supplies by Sea
APR 2014
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".
https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.sam.gov/
(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…
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