HT941024Q2085 CSS.pdf

NOTICE TO CONTRACTOR

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, Streamlined Procedures for Evaluation and Solicitation for Commercial Products, in conjunction with FAR Part 13 Simplified Acquisition Procedures, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested, and a separate written solicitation will not be issued. The solicitation number is HT941024Q2085. It is issued as a Request for Quote (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2024-05 effective 05/22/2024 and Defense Federal Acquisition Regulation Supplement (DFARS) change 05/30/2024. The North American Industry Classification System (NAICS) Code for this acquisition is 335999. The size standard is 600 Employee . The Product Service Code (PSC) is 6515. Market research has determined this requirement will be solicited as a 100% Service Disabled Veteran Owned Small Business set aside on SAM.gov. It is the responsibility of the contractor to be familiar with the applicable clauses and provisions.

This requirement is for: This requirement is to provide the purchase and installation of the Brand Name or Equal: SLX Surgical Lights listed below for Robert E. Bush Naval Hospital, Twentynine Palms, California.

Defense Health Agency Contracting Activity (DHACA) Healthcare Contracting Division - West (HCD-W) requests responses from qualified sources capable of providing the following items required:

Schedule: Statement of Work (SOW) - The intent is to request purchase and installation of the Brand Name or Equal: SLX Surgical Lights listed below.

Delivery/Location: In accordance with the Statement of Work, the purchase and installation will occur between after contract award and 31 December 2024 at Robert E. Bush Naval Hospital, Twentynine Palms, California.

DEFENSE BIOMETRIC IDENTIFICATION SYSTEM (DBIDS)

DBIDS is the current system for access control verification and management for the Department of Defense (DoD).

(a) DBIDS guidance for Vendors/Contractors to obtain a pass is accessible through the following website:

https://www.cnic.navy.mil/Operations-and-Management/Base-Support/DBIDS/

(b) For more information or to enroll in the DBIDS Program, call: 1 (202) 433-4784.

(c) For the Camp Pendleton Pass and ID Office, call: (760)725-2442/2106.

https://www.cnic.navy.mil/Operations-and-Management/Base-Support/DBIDS/

(d) To pre-enroll for a DBIDS card, visit https://dbids-global.dmdc.mil/enroll#!/. Pre-enrolling will help expedite your processing time.

(e) Vendors, contractors, suppliers, and other service providers shall present their pass upon entry at the entry control point (ECP).

See Attachment A: Provisions and Clauses for additional separate list of provisions and clauses incorporated by reference and by full text apply to this acquisition.

The following FAR provisions and clauses incorporated by full text apply to this acquisition:

52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (SEP 2023)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 750 employees, or 150 employees for information technology value-added resellers under NAICS code 326199, if the acquisition—

(1) Is set aside for small business and has a value above the simplified acquisition threshold;

(2) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(3) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show—

(1) The solicitation number;

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

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

(4) A technical description of the items being offered 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;

https://dbids-global.dmdc.mil/enroll#!/

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

(8) A completed copy of the representations and certifications at Federal Acquisition Regulation (FAR) 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. 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.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with FAR subpart 4.10), or alternative commercial products or commercial services for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers.

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2) (i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and-

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint.

However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation.

(1) (i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and product descriptions can be downloaded from the ASSIST website at https://assist.dla.mil.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained from the address in paragraph (i)(1)(i) of this provision.

(2) Most unclassified Defense specifications and standards may be downloaded from the ASSIST website at https://assist.dla.mil.

(3) Defense documents not available from the ASSIST website may be requested from the Defense Standardization Program Office by—

(i) Using the ASSIST feedback module (https://assist.dla.mil/feedback); or

(ii) Contacting the Defense Standardization Program Office by telephone at 571–767– 6688 or email at assisthelp@dla.mil.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Unique entity identifier. (Applies to all offers that exceed the micro-purchase threshold, and offers at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address.

The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) [Reserved]

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

https://assist.dla.mil/ https://assist.dla.mil/ https://assist.dla.mil/feedback mailto:assisthelp@dla.mil

(1) The agency’s evaluation of the significant weak or deficient factors in the debriefed offeror’s offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial products, the make and model of the product to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

Addendum to FAR 52.212-1, Instructions to Offerors—Commercial Products and Commercial Services

The following is inserted as new paragraph (m) of the provision:

(m) QUOTER INSTRUCTIONS

The Government intends to award a firm-fixed-price (FFP) Purchase Order (PO) resulting from this RFQ to the responsible Quoter, whose quote conforms to the solicitation and is the most advantageous (best value) to the Government, price and other factors considered as defined in the EVALUATION FACTORS FOR AWARD section below. The Government will review the quotes received to determine if they are compliant with the RFQ requirements. A compliant quote is one that meets all of the terms, conditions, and specifications in the RFQ. The Quoter must provide all documents listed and comply with all RFQ instructions in order for their quote to be considered “compliant” with this RFQ. Only compliant quotes will be evaluated for award.

Quoter shall be an OEM, authorized dealer, authorized distributor or authorized reseller for the proposed medical supplies, medical equipment and/or services contracts for maintenance of medical equipment (i.e. replacement parts), verified by an authorization letter or other documents from the OEM, such that the OEM’s warranty and service are provided and maintained by the OEM. All software licensing, warranty and service associated with the medical supplies, medical equipment and/or services contracts for maintenance of medical equipment shall be in accordance with the OEM terms and conditions.

A site visit will be held on 29 August 2024 at 9:00AM Pacific Daylight Time. If you plan on attending, please send email to John Lam Ho, ho.j.lam.civ@health.mil no later than 28 August mailto:ho.j.lam.civ@health.mil

2024 at 9:00AM Pacific Daylight Time. All questions from the site visit will be submitted in writing via email to John Lam Ho, ho.j.lam.civ@health.mil.

All questions regarding the RFQ, of a contractual or technical nature, must be submitted electronically by email to John Lam Ho, ho.j.lam.civ@health.mil no later than 9:00 AM Pacific Daylight Time on 3 September 2024. Questions submitted after the specified date and time may not receive a response. Questions, along with the Government’s responses, will be posted as an attachment to the RFQ. Please be advised that the Government reserves the right to transmit those questions and answers of a common interest to all prospective Quoters.

Electronic Submission of Quotes: Quotations shall be submitted electronically using the Procurement Integrated Enterprise Environment (PIEE) Solicitation Module at https://piee.eb.mil/.

Quoters are instructed to electronically submit their complete quotation in one (1) single file, formatted in Portable Document Format (PDF) with a .pdf file extension as follows:

FACTOR 1: Technical Capability:

The quoter shall submit specifications, cut sheets, or brochures confirming the “equal” products, including “equal” products of the brand name manufacturer submitted, meets or exceeds the salient physical, functional, or performance characteristic specified in this solicitation. The product(s) quoted must be identified by brand name, if any, and make or model number. OEM Letter of Authorized Distributor is required. The Quoter’s ability to meet the requirement shall be in accordance with the SOW. See Attachment 1: Statement of Work - SLX Surgical Lights.

FACTOR 2: Delivery Requirement:

Defined as the vendor’s ability to deliver supplies as scheduled in accordance with the SOW. The Government will evaluate the vendor’s record of RECENT and RELEVANT performance in the Supplier Performance Risk System (SPRS) to determine the supplier’s ability to deliver supplies required in this solicitation as scheduled.

FACTOR 3: Price:

The Quoter shall submit a firm-fixed-price quote for all items identified. The quote shall be completed and signed, with acknowledgment of all amendments to the solicitation.

Submission of pricing data shall be complete and accurate. Incomplete pricing may result in a Quoter’s quotation being deemed ineligible for award.

Completed Provisions:

Quoters shall be registered in the System for Award Management (SAM) with the appropriate NAICS code and completed representations and certifications and shall not have any active exclusions listed within SAM. Additionally, the Quoter shall include one mailto:ho.j.lam.civ@health.mil mailto:ho.j.lam.civ@health.mil https://piee.eb.mil/

(1) copy of the following FAR provision(s) located within this RFQ that shall be completed and included with the quote:

52.204-24 Representation Regarding Certain Telecommunications and Video

Surveillance Services or Equipment

ADDITIONAL INFORMATION REGARDING THE PIEE SOLICITATION MODULE:

In order to submit a quote through the PIEE Solicitation Module, you must be registered as a Proposal Manager in the DoD PIEE Suite located at https://piee.eb.mil/. The PIEE Solicitation Module Vendor Registration Guide is provided as an attachment to the RFQ.

The PIEE Solicitation Module is the only electronic commerce method authorized for the submission of quotes in response to this RFQ. Submissions outside of the PIEE Solicitation Module will not be considered.

The PIEE Solicitation Module will record the date and time of quote submission. The date and time of quote submission recorded in the PIEE Solicitation Module shall govern the timeliness of any quote submission.

The maximum allowable file size for the PIEE Solicitation Module is 1.9GB.

LATE SUBMISSIONS MAY NOT BE CONSIDERED.

It is a Quoter’s responsibility, when transmitting its quote electronically, to ensure the quote’s timely delivery by transmitting the quote sufficiently in advance of the time set for receipt of quotes to allow for timely receipt by the Government no later than the date and time stated in this RFQ. Quoters shall allow adequate time to upload files, which may be slower for non-DoD users, and to avoid other technical difficulties that may be encountered. A Quoter risks the late receipt and rejection of a quote where it delays transmitting its quote until the last few minutes before the time set for receipt of quotes. Quotes that are received after the date and time stated in this RFQ will not be considered except at the discretion of the Contracting Officer; the Contracting Officer reserves full discretion to accept any late quotes at any time prior to award if it serves the best interest of the Government.

Quoters are responsible for submitting their quote in the format specified, consistent with requirements stated elsewhere in this RFQ. Quoters are asked to submit only the information required. Files that cannot be opened or are otherwise missing the required content are the responsibility of the Quoters. Submissions that do not adhere to format and content requirements may be considered non-compliant. The Government reserves the right to eliminate any such quotes from consideration for award.

Quotations must be received no later than 9:00 AM Pacific Daylight Time on 10 September 2024.

(End of Provision) https://piee.eb.mil/

52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

(a) The Government will award a contract resulting from this solicitation to the responsible quoter whose quote conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate quotes:

(1) Technical Capability

(2) Delivery Requirement

(3) Price

Technical Capability will be rated on an Acceptable/Unacceptable basis, and Delivery Requirement will be more important than price. To receive consideration for award, quoters must achieve a minimum rating of Acceptable for Factor 1, a minimum rating of “Satisfactory Confidence” or “Neutral Confidence” for Factor 2, and a Price that is determined Fair and Reasonable by the Contracting Officer for Factor 3.

(b) Options. N/A.

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

Addendum to FAR 52.212-2, Evaluation—Commercial Products and Commercial Services

The following is inserted as new paragraph (d) of the provision:

(d) EVALUATION FACTORS FOR AWARD

Contract award shall be made on a “Delivery Requirement Price Tradeoff” basis. This process allows for a tradeoff between delivery requirement and price and allows the Government to accept other than the lowest priced quote or other than the highest rated quote to achieve a best-value contract award. This may result in an award to a higher-rated, higher-priced quote if the Government determines that the delivery requirement of the higher-priced quote outweighs the price difference. The selection process is subjective by nature and professional judgment is implicit throughout the tradeoff process.

The Quoter’s technical capability will be evaluated to determine if it is acceptable or unacceptable in accordance with the evaluation criteria stated in this RFQ. If a Quoter’s technical capability is determined to be unacceptable, the Quoter will no longer be considered for award. If a Quoter’s delivery requirement is determined to be Limited Confidence or No Confidence, the Quoter will no longer be considered for award. Award will be made to the Quoter providing a quote that is deemed most advantageous to the Government, whose technical capability has been determined to be “Acceptable” and trading off Delivery Requirement against price. Non-price factors when combined are more important than price.

The Government intends to award based on initial quotes. Notwithstanding this intent, the Contracting Officer reserves the right to conduct exchanges if it is within the best interest of the Government, a matter within their discretion.

FACTOR 1: TECHNICAL CAPABILITY:

The Government will use the following ratings/descriptions in Table 1 when evaluating technical capability:

Table 1. Technical Capability Ratings Rating Description

Acceptable Quote clearly demonstrates the Quoter’s technical capability to perform and deliver the required supplies in accordance with the Attachment 1: Statement of Work

Unacceptable Quote does not clearly demonstrate the Quoter’s technical capability to perform and deliver the required supplies in accordance with the Attachment 1: Statement of Work

If a quote is rated Unacceptable in Technical Factor 1, the quote will no longer be eligible for award nor be evaluated in any remaining Factors.

FACTOR 2: DELIVERY REQUIREMENT:

Delivery Requirement is defined as the ability to deliver supplies as scheduled. The Government will evaluate the vendor’s record of RECENT and RELEVANT performance in the Supplier Performance Risk System (SPRS) to determine the supplier’s ability to deliver supplies required in this solicitation as scheduled.

The delivery requirement evaluation will result in an integrated assessment of the Quoter’s probability of successfully performing the RFQ requirements. The delivery requirement evaluation considers each Quoter’s demonstrated recent and relevant record of delivery in performing the risk to deliver supplies required in this solicitation. The Government will consider the recency and relevance of the information, the source of the information, context of the data, and general trends in the Quoter’s performance. The Supplier Performance Risk System (SPRS) is based on the Quoter’s overall record of recency, relevancy, and quality of performance. These are combined to establish one delivery confidence assessment rating for each Quoter.

The Government will use the following ratings/descriptions in Table 3 when evaluating Delivery Requirement:

Table 3. Performance Confidence Assessment Ratings

Rating Description

Substantial Confidence

Based on the Quoter’s SPRS records (with a Supplier Risk Score in the top 15% or Blue or Purple), the Government has a high expectation that the Quoter will successfully deliver the required supplies. See SPRS Legend.

Satisfactory Confidence

Satisfactory Confidence: Based on the Quoter’s SPRS records (with a Supplier Risk Score above the lower 15% up to the top 15% or Green), the Government has a high expectation that the Quoter will successfully deliver the required supplies. See SPRS Legend

Neutral Confidence

No SPRS records is available or the Quoter’s performance record has No Scorable Data or No Score confidence or White or Black assessment rating can be reasonably assigned. The Quoter may not be evaluated favorably or unfavorably on the factor of delivery requirement. See SPRS Legend

Limited Confidence

Based on the Quoter’s SPRS records (with a Supplier Risk Score in the lower 5% to 15% or Yellow), the Government has a low expectation that the Quoter will successfully deliver the required supplies. See SPRS Legend.

No Confidence

No Confidence: Based on the Quoter’s SPRS records (with a Supplier Risk Score below 5% or Red), the Government has no expectation that the Quoter will successfully deliver the required supplies. See SPRS Legend

If a quote is rated Limited Confidence or No Confidence in Technical Factor 2, the quote will no longer be eligible for award nor be evaluated in any remaining Factors.

SPRS COLOR LEGEND

Top 5%: BLUE

Next 10%: PURPLE

Next 70%: GREEN

Next 10%: YELLOW

Lowest 5%: RED

No Scorable Data: WHITE(*)

Scorable Data Pending: GREEN(*)

Vendor Excluded: GREY

No Score: BLACK

FACTOR 3: PRICE:

The Government will evaluate the quoted price for price reasonableness. The following price analysis techniques may be used to ensure a fair and reasonable price:

- Comparison of quoted prices received in response to the solicitation.

- Comparison of quoted prices with the independent Government estimate.

- Comparison of quoted prices with available historical information.

- Comparison of market research results.

Price must be determined fair and reasonable in order to be eligible for award. A price is reasonable if, in its nature and amount, it does not exceed that which would be incurred by a prudent person in the conduct of competitive business. A price that is found to be unreasonably high may be indicative of an inherent lack of understanding of the solicitation requirements and may result in the overall quote not being considered for award.

(End of provision)

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products 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 third-party, such as backhaul, roaming, or interconnection arrangements; or

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

Nothing in the prohibition shall be construed to—

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

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

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

(d) Representation. The Offeror represents that—

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

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

(e) Disclosures.

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

(i) For covered equipment—

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

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

and item description, as applicable); and https://www.sam.gov/

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

(ii) For covered services—

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

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

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

(i) For covered equipment—

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

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

and item description, as applicable); and

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

(ii) For covered services—

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

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

(End of provision)