FORM CSS - UE GUN Rev 2.pdf

Combined Synopsis/Solicitation

Authority of (FAR 6.302-1(a)(2))

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UE Ultrasound Gun Calibration Services

FA812623Q0027

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice.

This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

This solicitation is being issued as a request for quotation (RFQ) IAW FAR Part 13. The government intends to award a SOLE SOURCE firm-fixed price (FFP) contract for the purchase of Ultrasound Gun Calibration services for 15 UE Systems Ultra-Probe units at Tinker AFB.

The Contractor shall provide a one-year base contract with 4 one-year options for commercial calibration, certification, and remedial maintenance as specified in the Performance Work

Statement (PWS) on the equipment listed within the Equipment List. Each calibration and certification shall be scheduled by the GPOC and shipped by the Government to the contractor according to the specific due date for each UE Ultrasound Gun. Calibration due dates for each

UE Ultrasound Gun are listed on the Equipment List. Typical services are as follows:

• The Contractor shall provide commercial calibration and certification on the equipment listed within the equipment list. Each calibration and certification shall be scheduled by the

GPOC and shipped by the Government to the contractor according to the specific due date for each UE Ultrasound Gun. Calibration due dates for each UE Ultrasound Gun are listed on the Equipment List.

o Contractor shall provide one (1) each calibration and certification In Accordance

With (IAW) Original Equipment Manufacturer (OEM) standards for each UE

Ultrasound Gun listed in Equipment List.

▪ Calibration shall include replacement of one (1) each handle battery for each

Ultrasound Gun listed in Equipment List.

▪ Calibration/Certification of UE Ultrasound Guns shall meet International

Organization for Standardization (ISO) 17025 requirements.

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▪ The Contractor shall place a calibration sticker on the equipment listed within the Equipment List after each calibration is completed and shall include delivery.

• Special Qualifications: The Contractor shall provide personnel with the following special qualifications:

o Contractor shall perform the Calibration/Certification of UE Ultrasound Guns IAW

International Organization for Standardization (ISO) 17025 requirements.

o Contractor shall provide OEM factory trained technicians or engineers to perform the required services of this contract

All responsible sources may submit a capability statement, proposal, or quotation, which shall be considered by the agency.

This solicitation document and incorporated provisions and clauses are those in effect through the Federal Acquisition Circular (FAC) 2021-02, Defense Federal Acquisition Regulation

Supplement Change Notice (DPN) 20201130, and Air Force Acquisition Circular (AFAC) 2019-

1001.

The Air Force Sustainment Center (AFSC/PZIMB) at Tinker Air Force Base Oklahoma, intends to award one firm fixed price contract, for the acquisition of services listed below.

This is other than full and open competition acquisition.

The NAICS Code is 334513 and the Size Standard: 750 people

CONTACT INFORMATION:

Quotations are due by: 10 March 2023, by 03:00pm Central Standard Time (CST). Contact the following for any additional questions regarding this solicitation:

Robert Hudson, Contracting Specialist robert.hudson.22@us.af.mil

Please email quotes to: Contract Specialist robert.hudson.22@us.af.mil and

CC: Contracting Officer kyle.newcomb@us.af.mil

CONTRACT LINE ITEMS (CLINS):

mailto:robert.hudson.22@us.af.mil mailto:kyle.newcomb@us.af.mil

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CLIN SERVICE DESCRIPTION QUANTITY

UNIT OF

ISSUE

DELIVERY

DATE

BASE YEAR

UE Systems Ultrasound Gun

Annual Calibration IAW with PWS and Equipment List

15 Each IAW PWS

BASE YEAR

UE Systems Ultrasound Gun Annual Calibration Remedial

Maintenance

1 Each IAW PWS

OPTION YEAR ONE

UE Systems Ultrasound Gun

Annual Calibration IAW with PWS and Equipment List

15 Each IAW PWS

OPTION YEAR ONE Systems

Ultrasound Gun Annual Calibration Remedial Maintenance

1 Each IAW PWS

OPTION YEAR TWO

UE Systems Ultrasound Gun

Annual Calibration IAW with PWS and Equipment List

15 Each IAW PWS

OPTION YEAR TWO

Systems Ultrasound Gun Annual Calibration Remedial Maintenance

1 Each IAW PWS

OPTION YEAR THREE

UE Systems Ultrasound Gun

Annual Calibration IAW with PWS and Equipment List

15 Each IAW PWS

OPTION YEAR THREE

Systems Ultrasound Gun Annual Calibration Remedial Maintenance

1 Each IAW PWS

OPTION YEAR FOUR

UE Systems Ultrasound Gun

Annual Calibration IAW with PWS and Equipment List

15 Each IAW PWS

OPTION YEAR FOUR

Systems Ultrasound Gun Annual Calibration Remedial Maintenance

1 Each IAW PWS

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DELIVERY INFORMATION:

FOB Destination to Tinker AFB, OK 73145. Shipping must be included in price. Net 30.

The contractor shall deliver all items described above to:

OC-ALC/OBC

AF BPN NO MILLSBILLS PROCESSES

3001 STAFF DR DOOR G70 POST N68

TINKER AFB, OK 73145-3303

TERMS AND CONDITIONS

Please note provisions by reference carry the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make the full text available.

The full text of a clause may be accessed electronically at this/these address:

Regulations URLs: (Click on the appropriate regulation.)

https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/dfars https://www.acquisition.gov/affars

FAR 52.212-1 - Instructions to Offerors – Instructions to Offerors -- Commercial, applies to this acquisition.

Addendum to FAR 52.212-1 Instructions to Offerors -- Commercial Items

General Information: The Government plans to purchase commercial calibration, certification, and remedial maintenance for 15 UE SYSTEMS Ultrasound Guns.

This firm-fixed-price type contract is to award one contract for the acquisition including one base year with 4 one-year options. The Contracting Officer (CO) is the sole point of contact for this acquisition. Address any questions or concerns you may have to the CO. Written requests for clarification may be sent to the CO at the address located in block xvi

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An Ombudsman has been appointed to hear concerns from interested vendors during the proposal development phase of this acquisition. The Ombudsman for this acquisition is

AFSC/PZC. This does not diminish the authority of the program director or CO, but communicates vendor concerns, issues, disagreements and recommendations to the appropriate

Government personnel. When requested, the Ombudsman shall maintain strict confidentiality as to the source of the concern. The Ombudsman does not participate in the evaluation of quotations; interested parties are invited to call AFSC/PZC at 405-736-3273.

General Instructions: This acquisition will be conducted under the procedures of FAR Part 12

-- Commercial Items and FAR Part 13 -- Simplified Acquisition Procedures. This acquisition will utilize price as the only evaluated factor. Award will be made to the vendor with the lowest total evaluated price (TEP) and whose quote conforms to the solicitation requirements (to include all stated terms, conditions, representations, and certifications).

Vendors shall complete provisions/clauses as required. Vendors must complete the annual representations and certifications electronically via the System for Award Management (SAM) at https://www.sam.gov. After reviewing the SAM information, the vendor verifies by submission of their quotation that the representations and certifications currently posted electronically at

FAR 52.212-3, Offeror Representations and Certifications - Commercial Items, are correct.

Tailored Instructions (FAR 52.212-1):

(l) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block IV of the solicitation cover sheet of this solicitation. However, the small business size standard for a concern which submits a quotation in its own name, but which proposes to furnish an item which it did not itself manufacture, is 750 employees.

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(b) Submission of quotations. Submit quotations to the office specified in this solicitation at or before the exact time specified in this solicitation. Quotations may be submitted on the solicitation, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, quotations must show—

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of quotations;

(3) The name, address, and telephone number of the vendor;

(4) A technical description of the items being quoted in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) “Remit to” address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR

52.212-3(b) for those representations and certifications that the vendor shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Reserved; and

(11) If the quotation is not submitted on a Standard Form (SF) 1449, Solicitation/Contract/Order for Commercial Items, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Quotations that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

I Reserved.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of quotations. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender’s request and expense, unless they are destroyed during preaward testing.

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I Multiple quotations. Vendors are encouraged to submit multiple quotations presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation. Each quotation submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of quotations. We must receive your quotation at the address specified in Block xvi by the deadline specified in Block

xv. We will not consider any quotation that we receive after the deadline unless we receive it before we issue a purchase order and considering it will not unduly delay our purchase. In case of an emergency that delays our operations and makes submission or receipt of your quotation impossible, we will extend the deadline by one working day.

(g) Issuance of purchase order. The Government intends to evaluate quotations and issue a purchase order without interchanges. Therefore, the vendor’s initial quotation should contain the vendor’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct interchanges with one, some, or all vendors if later determined by the

Contracting Officer to be necessary. The Government may waive informalities and minor irregularities in quotations received. The Government reserves the right to reject any or all quotations, if such action is in the public interest.

(h) Multiple purchase orders. The Government may issue purchase orders for any item or group of items of a quotation, unless the vendor qualifies the quotation by specific limitations.

Unless otherwise provided in the Schedule, quotations may not be submitted for quantities less than those specified. The Government reserves the right to issue a purchase order for a quantity less than the quantity quoted, at the unit price(s) quoted, unless the vendor specifies otherwise in the quotation.

(i) Availability of requirements documents cited in the solicitation. If the descriptions in this solicitation refer to any Government specification, standard, or commercial item description, you may obtain a copy of any such documents from the places listed in FAR 52.212-1, paragraph (i).

(j) Unique Entity Identifier (UEI). Applies to all quotations submitted in response to solicitations that require the vendor to be registered in the System for Award Management

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(SAM) database. Place your UEI that identifies the vendor’s name and address in Block

“DUNS” Also, if applicable, place your Electronic Funds Transfer (EFT) indicator in Block

“DUNS”. If you do not have a UEI, see FAR 52.212-1 paragraph (j) for instructions.

(k) Reserved.

(l) Reserved.

Addendum to FAR 52.212-2 -- Evaluation – Commercial Items

1.0 Basis for Contract Award:

This acquisition will be conducted under the procedures of FAR Part 12 -- Commercial Items and FAR Part 13 -- Simplified Acquisition Procedures. This acquisition will utilize price as the only evaluated factor. Award will be made to the vendor with the lowest total evaluated price

(TEP) and whose quotation conforms to the solicitation requirements (to include all stated terms, conditions, representations, and certifications). The Government intends to award without interchanges. However, the Government reserves the right to conduct interchanges if determined necessary by the Contracting Officer (ref. FAR 52.212-2 Addendum, section 1.3).

1.1 Solicitation Requirements (Terms and Conditions)

Vendors are required to meet all solicitation requirements, such as terms and conditions, representations and certifications, and Statement of Work (SOW)/Item Description requirements, in addition to the price factor. Failure to comply with the terms and conditions of the solicitation may result in the vendor being ineligible for award. Vendors must clearly identify any exception to the solicitation terms and conditions and must provide complete supporting rationale. The

Government reserves the right to determine any such exceptions unacceptable, and the quotation, therefore, ineligible for award.

1.2 Number of Contracts to be Awarded:

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The Government intends to select one contractor for this acquisition. However, the Government reserves the right not to award a contract at all, depending on the quality of the quotation, prices submitted, and the availability of funds.

1.3 Interchanges

In accordance with FAR 1.102-2(c)(3) the Government shall exercise discretion, use sound business judgement, and comply with applicable laws and regulations during the course of this acquisition. The Government intends to award without interchanges, but reserves the right to conduct interchanges if necessary. Therefore, it is imperative that vendors submit their best terms initially. If during the evaluation of quotations it is determined to be in the best interest of the Government to conduct interchanges, the Contracting Officer may conduct interchanges with one, some, or all vendors before issuing any purchase order.

Interchanges are information sharing between the Government and vendors after receipt of quotations which can be conducted to address any aspect of the quotation. Interchanges may be oral or written. Written interchanges take the form of Interchange Notices (IN)s. INs are used to accurately capture contemporaneous sharing of information. If interchanges are conducted, the

Government may request final quotation revisions at the conclusion of interchanges.

52.212-3 - Offeror Representations and Certifications -- Commercial Item

The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management

(SAM) Web site located at http://www.sam.gov/portal (Only complete and return if there are changes to current SAM Registration. If 52.212-3 is not returned the contractor is affirming that the current SAM registration is current, accurate, and complete). If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

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52.212-4 - Contract Terms and Conditions -- Commercial Items, applies to this acquisition.

52.212-4 - Addendum -- (a) The Contractor agrees that the supplies or services furnished under this contract shall be covered by the most favorable commercial warranties the Contractor gives to any customer for such supplies or services and that the rights and remedies provided herein are in addition to and do not limit any rights afforded to the Government by any other clause of this contract. (b) The Contractor shall provide a copy of the applicable commercial warranty with each item covered by such a warranty, at no additional cost to the Government. A copy of the warranty proposed shall be provided with the offer.

52.212-5 - Contract Terms and Conditions Required to Implement Statues or Executive Orders—

Commercial Items, applies to this acquisition.

The following clauses/provisions within 52.212-5 are included but not limited to:

52.204-10 - Reporting Executive Compensation and First-Tier Subcontract

52.209-6 - Protecting the Government's Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment

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

52.219-28 - Post Award Small Business Program Representation

52.222-3 - Convict Labor

52.222-19 - Child Labor—Cooperation with Authorities and Remedies

52.222-21 - Prohibition of Segregated Facilities

52.222-26 - Equal Opportunity

52.222-36 - Equal Opportunity for Workers with Disabilities

52.222-50 - Combating Trafficking in Persons

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

52.225-1 - Buy American—Supplies

52.225-13 - Restrictions on Certain Foreign Purchases

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52.225-18 - Place of Manufacture

52.232-33 - Payments by Electronic Funds Transfer

The following FAR clauses/provisions are included but not limited to:

52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal

Transactions

52.203-12, Limitation on Payments to Influence Certain Federal Transactions

52.203-18 - Prohibition on Contracting with Entities that Require Certain Internal Confidentiality

Agreements or Statements-Representation.

52.203-19 - Prohibition on Requiring Certain Internal Confidentiality Agreement or Statements.

52.204-7 - System for Award Management

52.204-13 - System for Award Management Maintenance

52.204-16 - Commercial and Government Entity Code Reporting

52.204-17 - Ownership or Control of Offeror

52.204-18 - Commercial and Government Entity Code Maintenance

52.204-19 - Incorporation by Reference of Representations and Certifications

52.204-20 - Predecessor of Offeror

52.209-2 - Prohibition on Contracting with Inverted Domestic Corporations—Representation

52.209-10 - Prohibition on Contracting with Inverted Domestic Corporations

Felony Conviction under any Federal Law

52.212-1 - Instructions to Offerors -- Commercial Items

52.219-1 - Small Business Program Representations Alternate I

52.222-22 - Previous Contracts and Compliance Reports

52.222-25 - Affirmative Action Compliance

52.223-22 - Public Disclosure of Greenhouse Gas Emissions and Reduction Goals—

Representation

52.225-25 - Prohibition on Contracting with Entities Engaging in Certain Activities or

Transactions Relating to Iran—Representation and Certifications

52.232-39 - Unenforceability of Unauthorized Obligations

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52.232-40 - Providing Accelerated Payments to Small Business Subcontractors

52.252-1 - Solicitation Provisions incorporated By Reference

52.252-2 - Clauses Incorporated by Reference

52.242-15 – Stop Work Order

52.247-34 - F.o.b. – Destination

52.252-5 - Authorized Deviations in Provisions

52.252-6 - Authorized Deviations in Clauses

52.253-1 - Computer Generated Forms

The following DFARS clauses/provisions are included but not limited to:

252.203-7000 - Requirements Relating to Compensation of Former DoD Officials

252.203-7002 - Requirement to Inform Employees of Whistleblower Rights

252.203-7005 - Representation Relating to Compensation of Former DoD Officials

252.204-7003 - Control of Government Personnel Work Product

252.204-7008 - Compliance with Safeguarding Covered Defense Information Controls

252.204-7012 - Safeguarding Covered Defense Information and Cyber Incident Reporting

252.204-7015 - Notice of Authorized Disclosure of Information for Litigation Support

252.209-7999 - Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction under any Federal Law

252.211-7003 - Item Unique Identification and Valuation

252.223-7008 - Prohibition of Hexavalent Chromium

252.225-7001 - Buy American and Balance of Payments Program

252.225-7002 - Restrictions on food, clothing, fabrics, hand or measuring tools, and flags

252.225-7021 - Trade Agreements

252.225-7048 - Export-Controlled Items

252.232-7003 - Electronic Submission of Payment Requests and Receiving Reports

252.232-7006 - Wide Area Workflow Payment Instructions

252.232-7010 - Levies on Contract Payments

252.243-7001 - Pricing of Contract Modifications

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252.244-7000 - Subcontracts for Commercial Items

252.247-7023 - Transportation of Supplies by Sea

252.247-7036 - Buy American—Free Trade Agreements—Balance of Payments Program, Alt. 1

The following AFFARS clauses/provisions are included:

5352.201-9101 - Ombudsman

5352.223-9000 - Elimination of Use of Class I Ozone Substances

The following Local clauses are included:

Contract Holidays

Truck Entry Gate, Notice

List of Attachments

Quotes must include the response page, attached on the last page of this document.

Contact Information:

Quotations are due by: 10 March 2023, by 03:00pm Central Standard Time (CST) Contact the following individuals for information regarding this solicitation:

Specialist robert.hudson.22@us.af.mil and

CC: Contracting Officer kyle.newcomb@us.af.mil

Attachments:

PWS – Serv M23-001

Equipment list - Serv M23-001 mailto:kyle.newcomb@us.af.mil

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BIDDER RESPONSE PAGE

RETURN THIS PAGE WITH THE COMPLETED INFORMATION AND AUTHORIZED SIGNATURE. PLEASE ALSO ANSWER THE ADDITIONAL

CLAUSES AND PROVISIONS THAT FOLLOW. FAILURE TO DO SO WILL CAUSE THE BIDDING CONTRACTOR TO BE INELIGIBLE FOR

AWARD. OFFEROR MAY PROVIDE COMPANY QUOTATION SHEET IN CONJUNCTION WITH THIS RESPONSE PAGE

1. OFFEROR INFORMATION

BUSINESS NAME:

STREET ADDRESS: CITY, STATE, ZIP:

CAGE CODE and DUNS:

BUSINESS WEB ADDRESS:

CONTACT PERSON:

TELEPHONE: FAX:

E-MAIL:

2. SUPPLIES/SERVICES AND PRICES/COSTS

Total Proposed Price for all CLINs: $__________

DISCOUNT TERMS:

NET 30 or _______% IN _______ DAYS

DAYS REQUIRED FOR DELIVERY:

3. CERTIFICATION OF RESPONSE

Offeror’s Authorized Representative's Signature: Date:

Type or Print Name: Position or Title:

• Contractor is required to sign this document and return 1 copy to issuing office.

• Contractor agrees to furnish and deliver all items set forth or otherwise identified above and on any additional sheets subject to the terms and conditions specified herein.

• Contractor is required to provide commercial product literature for all items quoted above.

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Complete the CLIN Unit Pricing on page 3

1. Answer the questions for:

• the clause 52.209-11

• the clause 52.204-24

• the clause 52.204-26

• the clause 252.204-7016

• the clause 252.204-7017

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony

Conviction under any Federal Law. Feb 2016

As prescribed in 9.104-7(d), insert the following provision:

REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A

FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing

Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that-

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

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

(b) The Offeror represents that-

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

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

(End of provision)

252.209-7999 Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a

FelonyConviction under any Federal Law.

See Class Deviation 2012-O0004, Prohibition Against Contracting With Corporations That Have an

Unpaid Delinquent Tax Liability or a Felony Conviction under Federal Law, dated January 23, 2012.

Contracting officers shall include this provision in all solicitations that will use funds made available by

Division A of the Consolidated Appropriations Act, 2012, including solicitations for acquisition of commercial items under FAR part 12, and shall apply the restrictions included in the deviation. This deviation is effective beginning January 23, 2012, and remains in effect until incorporated in the FAR or

DFARS or otherwise rescinded.

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52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. Nov 2021

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

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 or 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 thirdparty, 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 thirdparty, such as backhaul, roaming, or interconnection arrangements; or

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

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award

Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for

"covered telecommunications equipment or services".

(d) Representation. The Offeror represents that-

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(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

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

52.204-26 Covered Telecommunications Equipment or Services-Representation. Oct 2020

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

COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES-REPRESENTATION (OCT

2020)

(a) Definitions. As used in this provision, "covered telecommunications equipment or services" and

"reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for

Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award

Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for

"covered telecommunications equipment or services".

(c)

(1) Representation. The Offeror represents that it [ ] does, [ ] 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.

252.204-7016 Covered Defense Telecommunications Equipment or Services--Representation.

As prescribed in 204.2105 (a), use the following provision:

COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICES--

REPRESENTATION

(DEC 2019)

(a) Definitions. As used in this provision, "covered defense telecommunications equipment or services" has the meaning provided in the clause 252.204-7018 , Prohibition on the Acquisition of Covered Defense

Telecommunications Equipment or Services.

(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 defense telecommunications equipment or services".

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

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services-

Representation. May 2021

As prescribed in 204.2105(b), use the following provision:

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PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE TELECOMMUNICATIONS

EQUIPMENT OR SERVICESREPRESENTATION (MAY 2021)

The Offeror is not required to complete the representation in this provision if the Offeror has represented in the provision at 252.204-7016, Covered Defense Telecommunications Equipment or Services-

Representation, that it "does not provide covered defense telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument."

(a) Definitions. "Covered defense telecommunications equipment or services," "covered mission,"

"critical technology," and "substantial or essential component," as used in this provision, have the meanings given in the 252.204-7018 clause, Prohibition on the Acquisition of Covered Defense

Telecommunications Equipment or Services, of this solicitation.

(b) Prohibition. Section 1656 of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L.

115-91) prohibits agencies from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award

Management (SAM) at https://www.sam.gov for entities that are excluded when providing any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless a waiver is granted.

(d) Representation. If in its annual representations and certifications in SAM the Offeror has represented in paragraph (c) of the provision at 252.204-7016, Covered Defense Telecommunications Equipment or

Services-Representation, that it "does" provide covered defense telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument, then the Offeror shall complete the following additional representation:

The Offeror represents that it will [ ], will not [ ] provide covered defense telecommunications equipment or services as a part of its offered products or services to DoD in the performance of any award resulting from this solicitation.

(e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it "will provide covered defense telecommunications equipment or services," the Offeror shall provide the following information as part of the offer:

(1) A description of all covered defense telecommunications equipment and services offered (include brand or manufacturer; product, such as model number, original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable).

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

(3) For services, the entity providing the covered defense telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known).

(4) For equipment, the entity that produced or provided the covered defense telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the

OEM or a distributor, if known).