MEAT - 1ST QTR SOLICITATION.pdf

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FY23 1ST QTR MEAT Federal contract opportunity
Solicitation number
15B21622Q00000022
Issued by
Department of Justice Bureau of Prisons Federal Correctional Institution Elkton

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15821622Q00000022 Page 1 of 34

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISmON NUMBER PAGE !OF

OFFEROR TO COMPLETE BLOCKS 12, 11, 23, 24 & 30 023-22 34

2. CONTRACT NO. l. AWAROIEFFECTNE 1 •· OROER NUMBER 5. SOLICIT ATIUN NUMllt:H 6. SOllCITATION ISSUE

OATE OATE

15821622Q00000022 08/11/2022

7. FOR SOI.IC/TA TION a.NAME b. TELEPHONE NUMBER (Ml collect .,.,,, I. OFFER DUE 0A TE / LOCAL INFORW. TlON CN..I.: TIME

SARAH CRAIG SCRAIG@BOP.GOV (0) 330-420-6462 (F) 330-420-6445 08/26/2022 I 0:00 ET

I.ISSUED BY CODE I 158216

Fcdaal 8-u r/ PrillOIII FCI Elkton 1730 ScrouJ Rold Ulbaa,OH44432

11. DELNERY FOR FOB DESTINATION 12. DISCOUNT TERMS

UNI.ESS BLOCK IS MARkEO

□ SEE

SCHEDULE

15. DELIVER TO

FCI Elkton Food Service Warehouse ano Scroaa Rold Liaboll. OH 44432

17a. CONTRACTOR/ CODE'

OFFEROR

TELEPHONE NO.

NET7

I

CODE ( 158216

TOMBOTK.JN

(0) 330-420-6200 &1316 ELK-Wmbolisc..S@bop.p,v

F�Y I

17b. CHECK IF REMITTANCE IS DIFFERENT ANO PUT SUCH ADORESS IN

OFFER

ITI:MNO. SCHEDULE OF SUPPi.JES/SERViCES

1ST Quart.er Meat Requirements (FY 2023)

Unless Olherwise stated in the product description or alternative amngements have been agreed to by FCI Elkton Food Service staff, all items arc expected to deliver between OCTOBER 3, 2022 and OCTOBER 20, 2022.

Finn Fixed Price

See Continuation Sheet(s) ( (.'H •• ,�, _,v_, AllfacA AMIIIIIAM 1...,,., a, Nruu�.)

25. ACCOUNTING� APPROPRIATION OATA

10. THE ACQUISITION IS LJ UNRESTRICTED OR l.!j SET ASIDE:!()()_()() %FOR

0 -..&. IUSIIESS □ -N-OWNED IIMAUIIU-SS(WOSII)

BJCIIIILE LHIIER TH( --D

□ �SMALi.

IIMAU BUSINESS PROCIAAM

IIUINEIS □ EDWOSII

□ SERIIICE-.a> 11£1E�D □ ICAI llolo\LLIIUUESS

13b. RATING 1 la. THIS CONTRACT IS A

NAICS: 3 11999

SIZE STANDARD: 500

Employees

□ RA TEO ORDER UNDER DPAS

(15CFR 700) 14. METHOD OF SOLICITATION

�RFQ □ IFB □ RFP

16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MA0E BY CODE 158216

FCJ EllttOII MIKE WOLSKJ

Ann: Acccuntl Payable (0) 330-4:l(Mi:ZOO

1'0801129 ELK-BIL1ina10fflce-S@bop.1ov wt,o,,, OH 44432-0129

18b. SUBMIT INVOICE

ADORESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS

HECKED SEE M>OENDUM

21� u:r .. 24.

QUANTITY UNn'PRICE AMOUNT

26. TOTAL AWAAO AMOUNT (For Gow!. UM °"'I')

LJ 27a. SOLICITATION INCORPORATES BY REFERENCE FAA 52.212-1, 52.212-4. FAA 52.212-3 AND 52.212-5 AAE ATTACHEO. MX>ENDA H

ARE t'.j ARE NOT ATTACHED

□ 27b. CONTRACTIP\JRCHASE ORDER INCORPORATES BY REFERENCE FM 52.212-4. FAA 52.212-5 IS ATTAOED. MX>ENDA ME ARE NOT ATTACHED

� 21. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AHO RETURN 1 COPIES TO

ISSUINGOFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH

OR OTHERWISE IDENTIFIED ABOVE ANO ON A� ADOITlONAl SHEETS SUBJECT TO THE

TERMS ANO CONDITIONS SPECIFIED.

LJ 21. AWARD OF CONTRACT: REF. OFFER

DATED • YOUR OFFER ON SOLICITATION (91.0CK 5)

IHCl.UOING A� ADDITIONS OR CHANGES WHlr,H ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

lOII. SIGNATURE OF OFFEROR/CONTRACTOR l1a. UN1no STATES OF AMERICA(S/GNAnJRE OF CONTRACTING OFFICER)

3CIJ. NAME N'6) TITLE OF SIGNER ( TYPE OR PR/NJ)

AUTHOAIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30c. OA TE SIGNED 31b. NAME OF THE CONTRACTING OFFICER (TYPE OR PRINT) Jlc. OATE SIGNED

Sarah Craij 08111/2022

ST ANOAAO FORM 14ft (REV. 2/2012) Pr-,lbed by GSA- FM (48 CFR) 53.212

15B21622Q00000022 Page 2 of 34

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

• RECEIVED • INSPECTED • ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ___________ _

32b. SIGNATURE OF AUTHORIZED GOVERNMENT 32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 321. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED 36. PAYMENT 37. CHECK NUMBER

CORRECT FOR

OcoMPLETE • PARTIAL • FINAL

I PARTIAL I IFINAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MMIDD) 142d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

I

15821622Q00000022 Page 3 of 34

Table of Contents

Description Page Number

Solicitation/Contract Form ............... .......... ........ ......... ...... .. ..... ...... ... ........... ....................... ............................. I Commodity or Services Schedule Contract Clauses

52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services (Nov 2021) 52.212-5 Alt I Contract Terms and Conditions Required To Implement Statutes or Executive Orders- Commercial Products and Commercial Services (May 2022) - Alternate I (Feb 2000) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021) 52.232-18 Availability of Funds (Apr l 984)

List of Attachments Solicitation Provisions

52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial Services (May 2022) 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021) 52.212-1 lnstructions to Offerors-Commercial Products and Commercial Services (Nov 2021) 52.204-16 Commercial and Government Entity Code Reporting (Aug 2020) 52.212-2 Evaluation-Commercial Products and Commercial Services (Nov 2021 ) 52.214-22 Evaluation of Bids for Multiple Awards (Mar I 990)

15B21622Q00000022 Page 4 of 34

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE I AMOUNT

0001 See attached list. 1 LT $ $

NOTE: FROZEN ITEMS WILL NOT BE ACCEPTED IF "USE BY"

DATES HAVE PASSED/EXPIRED. EVIDENCE OF PREVIOUS

TEMPERATURE ABUSE (ICE CRYSTALS, SPOILED, BAD

ODOR ETC .. ) WILL NOT BE ACCEPTED.

Notes:

Appointments with Food Service Warehouse staff are required for deliveries of frozen food . Frozen food products will be rejected by Food Service Warehouse staff if an appointment is not scheduled prior to delivery. Phone 330-420-6200 x 1316 to schedule.

Unless otherwise stated in the line item description or unless alternative arrangements have been agreed to by FCI Elkton Food Service staff, all items are expected to deliver to the FCI Elkton Food Service Warehouse between OCTOBER 3, 2022, and

OCTOBER 20, 2022.

PSC: 8905

1ST Quarter Meat Requirements (FY 2023)

Unless otherwise stated in the product description or alternative arrangements have been agreed to by FCI Elkton Food Service staff, all items are expected to deliver between OCTOBER 3, 2022 and OCTOBER 20, 2022.

15B21622Q00000022 Page 5 of 34

Section 3 - Contract Clauses

A.1 ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions-Commercial Products and Commercial Services (Nov 2021)

The terms and conditions for the following clauses are hereby incorporated into this solicitation and resulting contract as an addendum to FAR clause 52.212-4.

Clauses By Reference

152.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

~his contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full

~ext. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed

~lectronically at this/these address(es): www.acquisition.gov

Clause Title Fill-ins (if applicable)

~2.212-4 k;ontract Terms and Conditions-Commercial Products and Commercial

~ervices (Nov 2021)

Clauses By Full Text

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Survei llance Services or Equipment (Nov 202 I)

(a) Definitions. As used in this clause--

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network) . Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People's Republic of China.

Covered telecommunications equipment or services means--

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government fac i Ii ties, physical security survei llance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affi liate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau oflnvestigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

15B21622Q00000022 Page 6 of 34

Critical technology means--

(I) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. I to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled--

(i) Pursuant to multi lateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stabili ty or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part I 10 of title 10, Code of Federal Regulations (relating to export and import ofnuclear equipment and material);

(5) Select agents and toxins covered by part 33 1 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C.

4817).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g. , connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition.

(I) Section 889(a)(l)(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, 20 19, 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. The Contractor is prohibited from providing to the Government 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, unless an exception at paragraph ( c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(2) Section 889(a)(l)(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, unless an exception at paragraph ( c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. 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.

(c) Exceptions. This clause does not prohibit contractors from providing--

15B21622Q00000022 Page 7 of 34

(I) A service that connects to the facilities ofa third-party, such as backhaul, roaming, or interconnection arrangements; or

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

( d) Reporting requirement.

(I) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract perfonnance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(I) of this clause

(i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products or commercial services.

(End of clause)

52.232-18 Availability of Funds (Apr 1984)

Funds are not presently available for this contract. The Government's obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

(End of clause)

[END OF ADDENDUM TO FAR 52.212-4]

52.212-5 Alt I Contract Terms and Conditions Required To Implement Statutes or Executive Orders Commercial Products and Commercial Services (May 2022) - Alternate I (Feb 2000)

(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 products and commercial services:

(I) 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. 11 3-235) 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 (Nov 2021) (Section 1634 of Pub. L. 115-91 ).

15B21622Q00000022 Page 8 of 34

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(l)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 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 products and commercial services:

[ Contracting Officer check as appropriate.]

_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 2402).

_ (2) 52 .203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509)).

_ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (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) .

_ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) (31 U.S.C. 6101 note) .

_ (9) 52 .209- 9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) ( 41 U.S.C. 2313).

_ ( I 0) [Reserved].

_ (11) 52.219-3, Notice ofHUBZone Set-Aside or Sole-Source Award (Sep 2021) (15 U.S.C. 657a).

_ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Sep 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a) .

_ (13) [Reserved]

_ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

_ (ii) Alternate I (Mar 2020) of 52.219-6.

_ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

_ (ii) Alternate I (Mar 2020) of 52.219-7.

_ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)) .

_ (l 7)(i) 52.219-9, Small Business Subcontracting Plan (Nov 2021) (15 U.S.C. 637(d)(4)) .

_ (ii) Alternate l (Nov 2016) of 52.219-9.

_ (iii) Alternate II (Nov 2016) of 52.219-9.

_ (iv) Alternate III (Jun 2020) of 52.219-9.

_ (v) Alternate IV (Sep 2021) of52.219-9.

_ (18)(i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

_ (ii) Alternate I (Mar 2020) of 52.219-13 .

_ (19) 52.219-14, Limitations on Subcontracting (Sep 2021) (15 U.S.C. 657s).

15B21622Q00000022 Page 9 of 34

_ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Sep 202 1) (15 U.S.C. 637(d)(4)(F)(i)).

_ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Sep 2021) (15 U.S.C. 657f).

_ (22)(i) 52.219-28, Post-Award Small Business Program Rerepresentation (Sep 202 1) (15 U.S.C. 632(a)(2)).

_ (ii) Alternate I (Mar 2020) of 52.219-28.

_ (23) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Sep 202 1) (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 (Sep 2021) (15 U.S.C. 637(m)).

_ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

_ (26) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15 U.S.C. 657s) .

_ (27) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_ (28) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Jan 2022) (E.O. 13126).

_ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 20 15).

_ (30)(i) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

_ (ii) Alternate I (Feb 1999) of 52.222-26.

_ (31 )(i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 42 12).

_ (ii) Alternate I (July 2014) of 52.222-35 .

_ (32)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

_ (ii) Alternate I (July 2014) of 52.222-36.

_ (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 42 12).

_ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_ (35)(i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O. 13627).

_ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

_ (36) 52.222-54, Employment Eligibility Verification (May 2022). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR

22.1803 .)

15B21622Q00000022 Page 10 of 34

_ (37)(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 commerciall y avai lable 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.)

_ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

_ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O.

13693).

_ (40)(i) 52.223-13, Acquisition ofEPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

_ (ii) Alternate I (Oct 2015) of52.223-13.

_ (4l)(i) 52.223-14, Acquisition ofEPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

_ (ii) Alternate I (Jun 2014) of52.223-14.

_ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).

_ (43)(i) 52.223-16, Acquisition ofEPEAT®-Registered Personal Computer Products (Oct 20 I 5) (E.O.s 13423 and 13514).

_ (ii) Alternate I (Jun 2014) of52.223- 16.

_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

_ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

_ (46) 52.223-21, Foams (Jun 20 16) (E.O. 13693).

_ (47)(i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

_ (ii) Alternate I (Jan 2017) of 52.224-3 .

_ (48) 52.225- 1, Buy American--Supplies (Nov 2021) (41 U.S.C. chapter 83).

_ (49)(i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (Nov 2021) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, I 9 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, I 08-286, I 08-302, 109-53, 109-169, 109-283, 110-138, 112-41 , 112-42, and 112-43.

_ (ii) Alternate I (Jan 2021) of52.225-3 .

_ (iii) Alternate II (Jan 2021) of 52.225-3 .

_ (iv) Alternate III (Jan 2021) of 52.225-3 .

_ (50) 52.225-5, Trade Agreements (Oct 20 19) (19 U.S.C. 2501 , et seq., I 9 U.S.C. 3301 note).

_ (51 ) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O. 's, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

_ (52) 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).

_ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

_ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

15B21622Q00000022 Page 11 of 34

_ (55) 52.229-12, Tax on Certain Foreign Procurements (Feb 202 1).

_ (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505 , 10 U.S.C. 2307(f)).

_ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 202 1) (41 U.S.C. 4505, 10 U.S.C.

2307(f)).

_ (58) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Oct 2018) (31 U.S.C. 3332).

_ (59) 52.232-34, Payment by Electronic Funds Transfer--Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

_ (60) 52.232-36, Payment by Third Party (May 20 14) (31 U.S.C. 3332).

_ (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

_ (62) 52.242-5, Payments to Small Business Subcontractors (Jan 20 17)( 15 U.S.C. 637(d)( 13)).

_ (63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C. 55305 and 10 U.S.C.

2631).

_ (ii) Alternate I (Apr 2003) of 52.247-64.

_ (iii) Alternate II (Nov 202 1) of52.247-64.

( 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 th is contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[ Contracting Officer check as appropriate. ]

_ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

_ (2) 52 .222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 4 1 U.S.C. chapter 67) .

_ (3) 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).

_ (4) 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).

_ (5) 52.222-5 l , 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).

_ (6) 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).

_ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

_ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

_ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).

(d)(l) Notwithstanding the requirements of the clauses in paragraphs (a), (b), and (c) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph ( d)(l) in a subcontract for commercial products or commercial services.

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 (Nov 2021) (41 U.S.C. 3509).

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(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, 20 I 5 (Pub. L. I I 3-235) 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 (Nov 2021) (Section 1634 ofpub. L. 115-91 ).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(l)(A) of Pub. L. 115-232).

(v) 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 the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.2 19-8 in lower tier subcontracts that offer subcontracting opportunities.

(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 (Jun 2020) (38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 42 12).

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

(B) Alternate I (Mar 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 App lication 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 Eligibi li ty Verification (May 2022) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

(xix)(A) 52.224-3 , Privacy Training (Jan 20 I 7) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3 .

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 20 I 6) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008 ; IO U.S.C. 2302 Note) .

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (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 (Nov 2021) (46 U.S.C. 55305 and 10 U.S.C. 263 I).

Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

15B21622Q00000022 Page 13 of 34

(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

15B21622Q00000022 Page 14 of 34

Section 4 - List of Attachments

Identifier Title Number of Pages

2 MEAT - 4TH QTR SYNOPSIS 1

15B21622Q00000022 Page 15 of 34

Section 5 - Solicitation Provisions

52.212-1 Instructions to Offerors-Commercial Products and Commercial Services (Nov 2021)

(a) North American Industry Classification System (NAJCS) code and small business size standard. The NA1CS 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 500 employees if the acquisition--

(!) 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--

(I) 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;

(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) lfthe 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 so licitation.

(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.

15B21622Q00000022 Page 16 of 34

(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.

(t) 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 init ial 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, wi ll be considered at any time it is received and may be accepted.

(3) Acceptable evidence to estab lish the time ofreceipt 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 nonnal 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, subj ect 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.

(l)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--

GSA Federal Supply Service Specifications Section Suite 8100 470 East L'Enfant Plaza, SW

Washington, DC 20407 Telephone (202) 619-8925 Facsimi le (202) 6 I 9-8978.

15B21622Q00000022 Page 17 of 34

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)( I )(i) of this provision. Additional copies will be issued for a fee .

(2) Most unclassified Defense specifications and standards may be downloaded from the fo llowing ASSIST websites :

(i) ASSIST (https ://assist.d/a.mi//online/start/).

(ii) Quick Search (http://quicksearch.dla.mil/).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by-

(i) Using the ASSIST Shopping Wizard (https ://assist.d/a.mi//wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (2 15) 697-2667/2179, Facsimile (215) 697-1462.

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

U) 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].

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

(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.

(End of provision)

15B21622Q00000022 Page 18 of 34

A.2 ADDENDUM TO FAR 52.212-1, Instructions to Offerors-Commercial Products and Commercial Services (Nov 2021)

The terms and conditions for the following provisions are hereby incorporated into this solicitation as an addendum to FAR provision 52.212-1 .

Provisions By Full Text

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

The Offeror shall not complete the representation at paragraph ( d)( 1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph ( c )( 1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-Representation, or in paragraph (v)(2)(i) of the provision at 52.2 12-3, Offeror Representations and Certifications-Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph ( c )(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision--

Backhaul, covered telecommunications equipment or sen 1ices, 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.

(I) Section 889(a)(l)(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)(l)(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 pennit 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:/1 www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

15B21622Q00000022 Page 19 of 34

(d) Representations. The Offeror represents that--

( l) It_ will,_ wi ll 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}(l) of this section if the Offeror responds "will" in paragraph (d}(l) 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.

( I) Disclosure for the representation in paragraph (d)(l) 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…

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