N0018925Q0268.pdf

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Cummins Engine Parts - N0018925Q0268
Solicitation number
N0018925Q0268
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This document is a federal solicitation (N4657925RC00C62) for critical spare parts for a main diesel engine and associated components. The procurement involves multiple line items for specific engine parts, including fuel pumps, engine lubricating primers, turbocharger kits, water pump kits, electronic control modules, and an access drive, all intended for a Carrier Strike Group 4 TSVRON unit. The parts are required to be new, in original packaging, and will be delivered to a location in Virginia Beach, VA by September 30, 2025.

The solicitation follows a two-volume quote submission process, with Factor I focusing on technical certifications (evaluating technical documentation, maintenance requirements, and authorized reseller status) and Factor II addressing pricing. The government will award a firm fixed-price contract to the lowest-priced quote meeting the minimum technical requirements, with an "Acceptable" rating. The contract will be awarded under Federal Acquisition Regulation (FAR) Part 12 and Subpart 13.5, with a quote validity period of 120 days. Vendors must be registered in the System for Award Management (SAM) and provide detailed technical documentation and lead times with their submissions.

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N4657925RC00C62

Section Supplies or Services and Price

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Lot

MAIN DIESEL ENGINE

FFP

Critical Spare Parts from TSV-5 FOB: Destination

MILSTRIP: N4657925RC00C62

PURCHASE REQUEST NUMBER: N4657925RC00C62

PSC CD: 2815

NET AMT

0002 3 Each

Fuel Pump

FFP

Part Number 5471860 NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

FOB: Destination

0003 2 Each Engine Lubricating Primer

FFP

Part Number 4924922

Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

FOB: Destination

0004 4 Each $0.00

Turbocharger Kit

FFP

Part Number 5321614 NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

FOB: Destination

PURCHASE REQUEST NUMBER: N4657925RC00C62 PSC

CD: 2815

0005 4 Each Water Pump Kit

FFP

Part Number 4376080

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

FOB: Destination

0006 2 Each

Electronic Control Module

FFP

Part Number 4995445 NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

FOB: Destination

0007 4 Each Fuel Pump

FFP

Part Number 5471860

Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

FOB: Destination

0008 1 Each

Turbocharger Kit

FFP

Part Number 2882093 NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

FOB: Destination

0009 1 Each Access W-W GOV Drive

FFP

Part Number 3004628

Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

FOB: Destination

Section Inspection and Acceptance

INSPECTION AND ACCEPTANCE

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government 0006 Destination Government Destination Government 0007 Destination Government Destination Government 0008 Destination Government Destination Government 0009 Destination Government Destination Government

Section Deliveries and Performance

DELIVERIES AND PERFORMANCE

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 30-SEP-2025 1 CARRIER STRIKE GROUP 4 N09577

ANN SLEDGE

TSVRON

1320 BARNSTABLE COUNRTY RD BLDG

VIRGINIA BEACH VA 23459

FOB: Destination

0002 30-SEP-2025 3 (SAME AS PREVIOUS LOCATION)

N09577

0003 30-SEP-2025 2 (SAME AS PREVIOUS LOCATION)

0004 30-SEP-2025 4 (SAME AS PREVIOUS LOCATION)

0005 30-SEP-2025 4 (SAME AS PREVIOUS LOCATION)

0006 30-SEP-2025 2 (SAME AS PREVIOUS LOCATION)

0007 30-SEP-2025 4 (SAME AS PREVIOUS LOCATION)

0008 30-SEP-2025 1 (SAME AS PREVIOUS LOCATION)

0009 30-SEP-2025 1 (SAME AS PREVIOUS LOCATION)

Section Contract Administration Data

CONTRACT ADMINISTRATION DATA

Section Contract Clauses

PARTS AND MATERIALS LIST

4951876 ADAPTER,SENSOR 24

4954450 SENSOR,TEMPERATURE 32

3651892 MOTOR,STARTING 2

5471860 PUMP,FUEL 3

3102651 SCREW,HEX FLANGE HEAD CAP 48

5375028 CLAMP,INJECTOR 48

4918072 SEAL,INJECTOR 60

4924925 SWITCH,PRESSURE 4

4924922 PRIMER,ENGINE LUBRICATING 2

4924921 MODULE,ETR INTERFACE 2

4924929 TRANSFORMER 2

4924931 SHUNT TRIP DEVICE 2

4924932 MOTOR,ELECTRIC 2

4924934 ALARM 2

4924935 CONTACT,SHORT CIRCUIT 2

4924937 CONDUIT 4

4924943 FUSE 12

3393561 RING,RETAINING 6

3393437 SEAL,O RING 12

3393586 SEAL,O RING 12

3633001 SEAL,O RING 12

3393584 SEAL,O RING 12

3393565 SEAL,O RING 12

3393570 SEAL,O RING 12

3393571 SEAL,O RING 12

3393587 SEAL,O RING 12

3631865 RING,RETAINING 12

4010887 ELEMENT,LUB OIL FILTER 132

4065785 SEAL,O RING 24

5321614 KIT,TURBOCHARGER 4

5633398 KIT,WATER PUMP 4

4376080 KIT,WATER PUMP 4

2882078 KIT,INJECTOR 24

4086074 VALVE,PRESSURE REGULATOR 2

3631940 SEAL,O RING 12

4066135 GASKET,FILTER HEAD 6

4066136 GASKET,FILTER HEAD 6

3633325 SEAL,O RING 24

5538748 TUBE,LUB OIL DRAIN 2

3636374 GASKET,CONNECTION 6

3643723 HOSE,MOLDED 6

4967217 TUBE,BREATHER 2

4967261 BREATHER,CRANKCASE 6

216187 SEAL,O RING 24

2862729 HOSE,FLEXIBLE 12

2862730 HOSE,FLEXIBLE 12

2862731 HOSE,FLEXIBLE 12

2862732 TUBE,TUR OIL SUPPLY 2

3089955 GASKET,CONNECTION 24

3090400 UNION,MALE 24

3679139 SEAL,O RING 12

3922794 SEAL,O RING 12

3331872 ELBOW,MALE UNION 20

3627695 SEAL,O RING 60

4098364 ELBOW,MALE UNION 12

3949781 SEAL,O RING 12

3957131 SEAL,O RING 12

4098364 ELBOW,MALE UNION 12

4917836 HOSE,FLEXIBLE 12

5592880 TUBE,LUB OIL DRAIN 12

4924444 UNION,MALE 12

3089240 SEAL, O RING 24

2862739 HOSE,FLEXIBLE 8

2862739 HOSE,FLEXIBLE 24

2866749 HOSE,FLEXIBLE 16

3630740 SEAL,O RING 12

3331873 UNION,MALE 36

3678786 SEAL,O RING 48

3643343 TUBE,WATER TRANSFER 2

4098814 HOSE,FLEXIBLE 12

3410850 GASKET,WATER HEADER COVER 6

3649463 GASKET,WTR TRF CONNECTION 4

3081695 SEAL,O RING 50

3637819 TUBE,WATER TRANSFER 2

3637822 TUBE,WATER TRANSFER 2

3637825 TUBE,WATER TRANSFER 2

3637826 TUBE,WATER TRANSFER 2

3627961 SEAL,THERMOSTAT 8

5538724 THERMOSTAT 8

3678606 SEAL,O RING 4

3678912 SEAL,O RING 4

3682300 UNION,MALE 4

3089392 SEAL,O RING 4

3651379 THERMOSTAT 8

4905885 RETAINER,THERMOSTAT 2

4924463 RETAINER,THERMOSTAT 2

4066827 GASKET,THERMOSTAT HOUSING 4

3649410 GASKET,THERMOSTAT HOUSING 4

2866818 TUBE,WATER TRANSFER 2

2866820 TUBE,WATER TRANSFER 2

3089318 GASKET,FLANGE 4

3349256 SLEEVE,WEAR 4

3393303 SEAL,O RING 8

4003402 SLEEVE,WEAR 4

4101150 GASKET,CONNECTION 8

4314467 ORIFICE 4

4382132 GASKET,WTR TRF CONNECTION 4

206457 SEAL,O RING 4

3089019 SEAL,O RING 4

3089261 GASKET,WATER PUMP 8

3089262 GASKET,WATER PUMP 8

3332299 GASKET,WATER PUMP SUPPORT 4

3172019 IMPELLER,WATER PUMP 2

3634007 SEAL,WATER PUMP 8

3643960 SEAL,OIL 8

3643961 SHAFT,WATER PUMP 2

3678603 SEAL,O RING 8

3089413 RETAINER,SHAFT 2

3332036 SHAFT,WATER PUMP 2

4995445 MODULE,ELECTRONIC CONTROL 2

5372057 HEAD,CYLINDER 4

3649981 GASKET,CYLINDER HEAD 12

3644387 SCREW,HEX FLANGE HEAD CAP 64

3332291 GASKET,VALVE COVER 8

4097510 SEAL,O RING 8

4918075 SEAL,DUST 8

4959325 TANK,FUEL 4

4327238 SENSOR,ENGINE POSITION 4

3976551 BLOCK,TERMINAL 4

4917759 ADAPTER,SENSOR 4

4917761 SWITCH,TEMPERATURE 8

4927363 SWITCH,PRESSURE 8

4927364 SWITCH,PRESSURE 8

4927365 SWITCH,PRESSURE 8

4916562 HOSE,FLEXIBLE 8

3332325 DRIVE,BARRING 1

5471860 PUMP,FUEL 4

2870742 HOSE,FLEXIBLE 8

2870743 HOSE,FLEXIBLE 8

2896823 TUBE,INJECTOR FUEL SUPPLY 24

2896825 TUBE,INJECTOR FUEL SUPPLY 6

2896918 TUBE,INJECTOR FUEL SUPPLY 6

3331089 SEAL,O RING 60

2882093 KIT,TURBOCHARGER 1

3037236 SEAL,O RING 4

3037537 SEAL,O RING 14

3171368 GASKET,TURBOCHARGER 4

3202117 GASKET,CONNECTION 4

3637396 GASKET,INTAKE MANIFOLD 12

3014304 SEAL,RECTANGULAR RING 24

3201388 GASKET,FLANGE 2

206808 SEAL,GROMMET 4

4910355 CORE,AFTERCOOLER 1

3001301 RETAINER,SEAL 2

3001304 GASKET,AFT HOUSING 4

3001305 GASKET,CONNECTION 2

3032161 GASKET,CONNECTION 2

5658834 PUMP,WATER 1

2897691 SWITCH,PRESSURE 2

2897692 SWITCH,PRESSURE 2

4327014 SWITCH,TEMPERATURE 2

4327017 SWITCH,TEMPERATURE 2

4327019 SWITCH,TEMPERATURE 2

213272 PICKUP,MAGNETIC 2

553856 GASKET,OIL DRAIN 10

S962-E DRAINCOCK 10

186780 SEAL,THERMOSTAT 4

135675 THERMOSTAT 4

3010918 GASKET,THERMOSTAT HOUSING 2

3011224 TUBE,WATER BYPASS 1

70624 SEAL,O RING 6

3060912 GASKET,CONNECTION 2

3063240 HOSE,PLAIN 4

206973 GASKET,OIL COOLER CORE 12

3046943 SEAL,O RING 4

145540 SEAL,O RING 4

3065791 GASKET,TOR CNV COOLER 1

3065790 GASKET,LUB OIL CLR HSG 1

205289 GASKET,WTR TRF CONNECTION 2

206998 TUBE,WATER TRANSFER 2

3028291 SEAL,O RING 30

3099408 SEAL,O RING 2

4081156 CONNECTION,WATER OUTLET 1

205288 GASKET,WTR TRF CONNECTION 4

3004716 TUBE,WATER TRANSFER 1

3003662 TUBE,WATER TRANSFER 1

4003268 TUBE,WATER TRANSFER 1

3081138 CONNECTION,WATER TRANSFER 1

131026 SEAL,O RING 24

207244 SEAL,INJECTOR 24

3023095 WASHER,SEALING 36

3627044 TUBE,LUB OIL TRANSFER 12

3179021 SCREW,BANJO CONNECTOR 12

3076720 CONNECTOR,FEMALE 6

5412987 BELT,V RIBBED 4

3002203 BELT,V RIBBED 4

102998 GOVERNOR,DRIVE 1

3004628 DRIVE,ACCESS W-W GOV 1

206576 GASKET,TURBOCHARGER 2

3056158 NUT,HEXAGON FLANGE 12

3393130 STUD,DOUBLE END PLAIN 12

4078701 ALTERNATOR 1

3050692 SWITCH,MAGNETIC 1

4081239 MOTOR,STARTING 1

3081950 UNION,MALE 2

3200178 TUBE,TUR OIL DRAIN 2

3086016 UNION,MALE 2

3086021 HOSE,FLEXIBLE 2

3811992 TUBE,LUB OIL SUPPLY 1

3081957 UNION,MALE 2

3087583 UNION,MALE 2

4058282 HOSE,FLEXIBLE 2

3090990 ELBOW,MALE UNION 2

3003310 LEVER,THROTTLE 1

3867640 SEAL,O RING 2

3001340 SEAL,O RING 24

3046200 SPIDER,JAW COUPLING 1

4026171 GASKET,FUEL PUMP 2

3028324 VALVE,CHECK 2

3028325 VALVE,CHECK 2

3096256 TUBE,FUEL SUPPLY 1

3096258 TUBE,FUEL SUPPLY 1

3031404 CONNECTOR,TUBE 8

3200457 TUBE,FUEL DRAIN 1

3201087 TUBE,FUEL DRAIN 1

3201115 TUBE,FUEL SUPPLY 2

207117 GASKET,AIR COMPRESSOR 1

3021123 SEAL,O RING 8

3090769 SCREEN,FILTER 8

3096859 VALVE,SHUTOFF 1

3087587 INJECTOR 12

3090126 SEAL,O RING 4

3090441 SPRING,COMPRESSION 4

4000436 GASKET,LUB OIL FIL COVER 2

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.203-12 Limitation On Payments To Influence Certain Federal JUN 2020

Transactions 52.204-7 System for Award Management NOV 2024 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-29 Federal Acquisition Supply Chain Security Act Orders-- DEC 2023

Representation and Disclosures.

52.209-10 Prohibition on Contracting With Inverted Domestic NOV 2015

Corporations 52.211-6 Brand Name or Equal AUG 1999 52.212-1 Instructions to Offerors--Commercial Products and SEP 2023

Commercial Services 52.212-4 Contract Terms and Conditions--Commercial Products and NOV 2023

Commercial Services 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.242-13 Bankruptcy JUL 1995 52.247-34 F.O.B. Destination JAN 1991 252.203-7000 Requirements Relating to Compensation of Former DoD SEP 2011

Officials 252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7012 (Dev) Safeguarding Covered Defense Information and Cyber MAY 2024

Incident Reporting (DEVIATION 2024-O0013 REVISION 1)

252.204-7015 Notice of Authorized Disclosure of Information for Litigation JAN 2023 Support

252.204-7018 Prohibition on the Acquisition of Covered Defense JAN 2023 Telecommunications Equipment or Services

252.204-7024 Notice on the Use of the Supplier Performance Risk System MAR 2023 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By MAY 2019

The Government of a Country that is a State Sponsor of Terrorism 252.211-7003 Item Unique Identification and Valuation JAN 2023 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or SEP 2014

Hazardous Materials 252.223-7008 Prohibition of Hexavalent Chromium JAN 2023 252.225-7001 Buy American and Balance of Payments Program FEB 2024 252.225-7002 Qualifying Country Sources As Subcontractors MAR 2022 252.225-7048 Export-Controlled Items JUN 2013 252.225-7052 Restriction on the Acquisition of Certain Magnets, Tantalum, MAY 2024 and Tungsten.

252.225-7055 Representation Regarding Business Operations with the MAY 2022 Maduro Regime

252.225-7056 Prohibition Regarding Business Operations with the Maduro JAN 2023 Regime

252.225-7059 Prohibition on Certain Procurements from the Xinjiang JUN 2023 Uyghur Autonomous Region - Representation

252.225-7060 Prohibition on Certain Procurements from the Xinjiang JUN 2023 Uyghur Autonomous Region

252.225-7062 Restriction on Acquisition of Large Medium-Speed Diesel JUL 2023 Engines

252.225-7972 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned AUG 2024 Aircraft Systems (DEVIATION 2024-O0014)

252.225-7973 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned AUG 2024 Aircraft Systems - Representation (DEVIATION 2024O0014)

252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic JAN 2023 Enterprises, and Native Hawaiian Small Business Concerns

252.232-7003 Electronic Submission of Payment Requests and Receiving DEC 2018 Reports

252.232-7010 Levies on Contract Payments DEC 2006 252.243-7002 Requests for Equitable Adjustment DEC 2022 252.244-7000 Subcontracts for Commercial Products or Commercial NOV 2023

Services 252.247-7023 Transportation of Supplies by Sea OCT 2024

CLAUSES INCORPORATED 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 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

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

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

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

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

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

(https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that--

(1) It [ ___ ] will, [X] 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, [X] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

(End of provision)

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

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

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means--

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinitequantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in--

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).

52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Please see addendum to 52.212-2 for further instructions.

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.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (DEVIATION 2025-O0003/ DEVIATION 2025-O0004) (MAR 2025)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

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

"Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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

"Forced or indentured child labor" means all work or service-

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

"Sensitive technology"--

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

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

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

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

"Service-disabled veteran-owned small business (SDVOSB) concern" means a small business concern—

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

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

(2) A small business concern eligible under the SDVOSB Program in accordance with 13 CFR part 128 (see subpart 19.14).

(3) Service-disabled veteran, as used in this definition, means a veteran as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16), and who is registered in the Beneficiary Identification and Records Locator Subsystem, or successor system that is maintained by the Department of Veterans Affairs' Veterans Benefits Administration, as a service-disabled veteran.

"Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB Program" means an SDVOSB concern that--

(1) Effective January 1, 2024, is designated in the System for Award Management (SAM) as certified by the Small Business Administration (SBA) in accordance with 13 CFR 128.300; or

(2) Has represented that it is an SDVOSB concern in SAM and submitted a complete application for certification to SBA on or before December 31, 2023.

"Service-disabled veteran-owned small business (SDVOSB) Program" means a program that authorizes contracting officers to limit competition, including award on a sole-source basis, to SDVOSB concerns eligible under the SDVOSB Program.

"Small business concern"--

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

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

"Small disadvantaged business concern, consistent with 13 CFR 124.1001", means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding the threshold at 13 CFR 124.104(c)(2) after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13 CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

"Subsidiary" means an entity in which more than 50 percent of the entity is owned--

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

"Successor" means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

"Veteran-owned small business concern" means a small business concern--

(1) Not less than 51 percent of which is owned and controlled by one or more veterans (as defined at 38 U.S.C.

101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

"Women-owned small business concern" means a small business concern--

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least

51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

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

(b) (1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ___

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii). Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that--

(i) It [ ___ ] is, [ ___ ] is not a small business concern; or

(ii) It [ ___ ] is, [ ___ ] is not a small business joint venture that complies with the requirements of 13 CFR

121.103(h) and 13 CFR 125.8(a) and (b). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ ]

(2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a veteran-owned small business concern.

(3) SDVOSB concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents that it [ ___ ] is, [ ___ ] is not an SDVOSB concern.

(4) SDVOSB concern joint venture eligible under the SDVOSB Program. The offeror represents that it [ ___ ] is, [ ___ ] is not an SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR 128.402. [Complete only if the offeror represented itself as an SDVOSB concern in paragraph (c)(3) of this provision.] [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .]

(5) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it [ ___ ] is, [ ___ ] is not a small disadvantaged business concern as defined in 13 CFR 124.1001.

(6) Women-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it [ ___ ] is, [ ___ ] is not a womenowned small business concern.

(7) WOSB joint venture eligible under the WOSB Program. The offeror represents that it [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .

(8) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents that it [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .]

Note to paragraphs (c)(9) and (10): Complete paragraphs (c)(9) and (10) only if this solicitation is expected to exceed the simplified acquisition threshold.

(9) Women-owned business concern (other than small business concern). (Complete only if the offeror is a womenowned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, a women-owned business concern.

(10) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price: ___

(11) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that--

(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, as having been certified by SBA as a HUBZone small business concern in the Dynamic Small Business Search and SAM, and will attempt to maintain an employment rate of HUBZone residents of 35 percent of its employees during performance of a HUBZone contract (see 13 CFR 126.200(e)(1)); and

(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR 126.616(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .] Each HUBZone small business concern participating in the HUBZone joint venture shall provide representation of its HUBZone status.

(d) [Reserved]

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB

Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy

American --Supplies, is included in this solicitation.)

(1) (i) The Offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that each domestic end product listed in paragraph (f)(3) of this provision contains a critical component.

(ii) The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select "no''.

(iii) The Offeror shall separately list the line item numbers of domestic end products that contain a critical component (see FAR 25.105).

(iv) The terms "commercially available off-the-shelf (COTS) item," "critical component," "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Supplies."

(2) Foreign End Products:

Line Item No. Country of origin

Exceeds 55% domestic content

(yes/no)

[List as necessary]

(3) Domestic end products containing a critical component:

Line Item No.

(4) The Government will evaluate offers in accordance with the policies and procedures of FAR part 25.

(g)(1) Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act, is included in this solicitation.)

(i) (A) The Offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (iii) of this provision, is a domestic end product and that each domestic end product listed in paragraph (g)(1)(iv) of this provision contains a critical component.

(B) The terms "Bahraini, Moroccan, Omani, Panamanian, or Peruvian end product,'' "commercially available offthe-shelf (COTS) item,'' "critical component,'' "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American--Free Trade Agreements--Israeli Trade Act."

(ii) The Offeror certifies that the following supplies are Free Trade Agreement country end products (other than

Bahraini, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American--Free Trade Agreements--Israeli Trade Act."

Free Trade Agreement Country End Products (Other than Bahraini, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

(iii) The Offeror shall list those supplies that are foreign end products (other than those listed in paragraph

(g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American--Free Trade Agreements-Israeli Trade Act." The Offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select "no''.

Other Foreign End Products:

Exceeds 55% domestic content

(yes/no)

[List as necessary]

(iv) The Offeror shall list the line item numbers of domestic end products that contain a critical component (see

FAR 25.105).

Line Item No.

(v) The Government will evaluate offers in accordance with the policies and procedures of FAR part 25.

(2) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at

FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act":

Israeli End Products:

Line Item No.

[List as necessary]

(3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 52.225-3 is included in this solicitation, substitute the following paragraphs (g)(1)(i)(B) and (g)(1)(ii)for paragraphs (g)(1)(i)(B) and (g)(1)(ii) of the basic provision:

(g)(1)(i)(B) The terms "Korean end product", "commercially available off-the-shelf (COTS) item," "critical component," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American--Free Trade Agreements--Israeli Trade Act."

(g)(1)(ii) The Offeror certifies that the following supplies are Korean end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American--Free Trade Agreements--Israeli Trade Act":

Korean End Products or Israeli End Products:

[List as necessary]

(4) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(4)(ii) of this provision, is a U.S.made or designated country end product, as defined in the clause of this solicitation entitled "Trade Agreements".

(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products.

Other End Products:

(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.

(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals--

(1) [ ___ ] Are, [ ___ ] are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(2) […

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