One Time Buy - 47QSWA-22-C-0055-OM-OTB.pdf

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Attached to: Cleaning Compound, Solvent-Detergent Federal contract opportunity
Solicitation number: 47QSWA-22-C-0055-OTB
Issued by: General Services Administration Federal Acquisition Service Assisted Acquisition Services Region 7

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NSN 7930-01-687-2542 - Cleaning Compound, Solvent-Detergent

47QSWA-22-C-0055-OTB

This is a request for quote for an Open Market - One Time Buy for NSN 7930-01-687-2542 – Cleaning

Compound, Solvent-Detergent. (This is only a pricing verification, DO NOT SHIP).

Evaluation Factors: Lowest price, technically acceptable offer.

The awardee will be required to ship to APO/FPO addresses, and to ships, when they receive orders that indicate these types of ship-to addresses. Do not submit a quote if you are not willing to ship to these locations at the quoted price. You may not submit pricing higher than your approved MAS contract price.

If supplies shipped are not packaged, packed, and marked in accordance with contract requirements, the Government has the right, without prior notice to the Contractor, to perform the required repackaging/repacking/ remarking, by contract or otherwise, and charge the Contractor therefore at the following rates:

First Hour - $150.00 Each Additional Hours - $70.00 A minimum of 2 hours is required for each incident, making the minimum charge for remarking $220.00

The Contractor may also be charged for material costs, if incurred. This right is not exclusive, and is in addition to other rights or remedies provided for in this contract. The rates above shall be determined and may be periodically updated by the Commissioner, Federal Acquisition Service, or a designee.

Please fill out the area below for your quote to be considered (return via e-mail to holly.eskridge@gsa.gov).

This request is for the following item:

NSN 7930-01-687-2542 – Cleaning Compound, Solvent-Detergent. See attached Item Purchase Description (pages 2 - 4).

Please fill out the area below for your quote to be considered.

***Quotes are due by 6pm ET, Tuesday, September 6, 2022 (or sooner)***

The Government requires shipment to:

USS BUNKER HILL CG 52 (NAVSUP)

Unit Price: $ ___________ and, if applicable:

Total Price for 20 BX: $ _______________________

Is Pricing FOB Destination:_________ or FOB Origin Prepay and Add:____________

If FOB Origin Prepay and Add - shipping cost per BX: _________________________________ NOTE: This will be awarded as FOB Destination. If your MAS contract is FOB Origin, the price you propose will be added to the freight quoted above for the awarded destination price.

P/N _______________________ (GMS2521TB / GMS2506TB or equal; product literature required)

Unit Weight (lbs): ___________________________

Unit Cube (ft): ______________________________

Delivery Time ARO _________________________ (Prefer 10 days or less)

Please provide the following information:

Company Name:

MAS Contract Number: __________________________________________________(if applicable)

Are the products being quoted listed on your MAS approved price list? __________________________

Quoter’s P.O.C.: __________________________________________________________________

Phone Number: ___________________________________________________________________

UEI #__________________________________________________________________________

E-mail: __________________________________________________________________________

X Date:

(Signature)

Signed By: Title: x

Item Purchase Description

NSN: 7930-01-687-2542

CLEANING COMPOUND, SOLVENT-DETERGENT: Ship Shape! Cannonballs Flower Power Oger, P/N

GMS2521TB or Ship Shape! Cannonballs Green Oger, P/N GMS2506TB or equal, in accordance with the following requirements and characteristics:

The product shall comply with Commercial Item Description (CID) A-A-60008, entitled Heavy Duty

Concentrated Cleaner.

The product shall be a concentrated all purpose cleaner/degreaser for use on washable hard surfaces.

Removes grease, grime, ink, smoke film, crayon and stains.

Type I – A general purpose heavy-duty concentrated cleaner suitable for removing heavy soils from hard surfaces, walls, painted surfaces, rubber, and other washable surfaces.

Maximum age on delivery: Three (3) months from date of manufacture.

Unit of issue: BX (Four (4) each tubs, with each tub containing one-hundred (100) one-half (0.5) ounce packets, for a total of four-hundred (400) packets per box).

PRODUCT CONFORMANCE: The products provided shall meet the salient characteristics of this description, conform to the producer's own specifications, standards, and quality assurance practices and be the same product offered for sale in the commercial market. The Government reserves the right to require proof of such conformance.

MARKING: Marking shall comply with GSAM 552.211.73. Marking of supplies for deliveries to domestic civilian activities shall comply with the latest edition of Federal Standard 123.

Marking of supplies for deliveries to military activities domestic and export locations, including forwarding and container consolidation points (CCPs), shall comply with the latest edition of Military Standard 129.

The Military Shipping Label (MSL) must show the “Ship To” address as well as the ultimate consignee

(Mark for DoDAAC and address) and the Transportation Control Number (TCN).

Special marking shall include:

1) Lot Batch number

2) Dates of manufacture and re-inspection twenty-four (24) months after date of manufacture.

3) Instructions for use.

PREPARATION FOR DELIVERY: Item(s) packaged and packed for domestic and export shipments to civilian and military activities shall comply with the GSAM provision/Clause 552.211-75 and/or with the latest requirements of ASTM D-3951 Standard Practice for Commercial Packaging; however compliance to the latest edition of ASTM standard D-3951 is mandatory for General Supplies and Services (GSS) contracts. In the event a pallet or skid is used for shipping, the following notice shall apply:

Wood Packing Material: Packaging and packing of supplies using Wood Packaging Material (WPM) on a pallet or skid for export shipments (includes forwarding and container and consolidation points, commercial freight forwarders and third party logistics providers) shall comply with the requirements in provision/Clause GSAM 552.211.89, Non-Manufactured Wood Packaging Material for Export or the applicable requirements in ASTM D-3951 relative to the WPM. All wood shall be treated and stamped appropriately for export, including the actual pallet or skid, if made of wood.

DATA SUBMISSION: The safety data sheet (SDS) shall be submitted in accordance with the latest revision of Federal Standard No. 313. One copy of the SDS shall be included inside or affixed to the outside of each transport package. If affixed outside the SDS must be placed in a weather resistant envelope. For each SDS data in all 16 sections of the OSHA HazCom/ GHS standards will be required.

Regulated material shall be labeled with an OSHA/GHS compliant label to include the following data: (1)

Product identifier, (2) Signal Word, (3) Hazard Statements, (4) Pictograms, (5) Precautionary Statements, and (6) Chemical Manufacturer, Importer, or Other Responsible Party information.

I ______________________________ certify that the item to be furnished will be in accordance with all applicable requirements, and the item is of the quality specified and conform in all respects with the agreement, including packaging, packing, marking requirements, and physical item identification.

End of Item Purchase Description

Are you providing a brand name? YES IF NO Provide product literature/specifications

If providing an equal product, please follow the instructions in 52.211-6 – Brand Name or Equal.

Quoted price should be BOX (BX)

If you are not quoting the part number or equal, please provide your information under the ‘Equal’ column:

NSN 7930-01-687-2542

Part Number – GMS2521TB OR Equal

GMS Industrial Supply, Inc. ____________

Unit of Issue (BX) ____________

Cleaning Compound, Solvent-Detergent ____________

52.211-6 BRAND NAME OR EQUAL (AUG 1999) 11.107(a)

(a)If an item in this solicitation is identified as "brand name or equal," the purchase description reflects the characteristics and level of quality that will satisfy the Government's needs. The salient physical, functional, or performance characteristics that "equal" products must meet are specified in the solicitation.

(b)To be considered for award, offers of "equal" products, including "equal" products of the brand name manufacturer, must—

(1) Meet the salient physical, functional, or performance characteristic specified in this solicitation;

(2) Clearly identify the item by—

(i) Brand name, if any; and

(ii) Make or model number;

(3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and

(4) Clearly describe any modifications the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modifications.

(c)The Contracting Officer will evaluate "equal" products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting

Officer is not responsible for locating or obtaining any information not identified in the offer.

(d)Unless the offeror clearly indicates in its offer that the product being offered is an "equal" product, the offeror shall provide the brand name product referenced in the solicitation.

B-FSS-90 FREQUENCY OF ORDERS (OCT 1988)

In order to give Contractors an indication as to the frequency of orders, the number of orders expected to be placed during the contract period is shown in the Schedule in parenthesis next to the estimated peak monthly requirements shown for each item. Computations as to the frequency of orders are necessarily based on past experience, and Contractors are cautioned that this ordering pattern may change. This information is provided to facilitate Contractor's production planning and has no bearing on the contractual obligations of either party.

Contract Clauses/Provisions

552.211-73 MARKING (FEB 1996)

(a) General requirements. Interior packages, if any, and exterior shipping containers shall be marked as specified elsewhere in the contract. Additional marking requirements may be specified on delivery orders issued under the contract. If not otherwise specified, interior packages and exterior shipping containers shall be marked in accordance with the following standards.

(1) Deliveries to civilian activities. Supplies shall be marked in accordance with Federal Standard 123, edition in effect on the date of issuance of the solicitation.

(2) Deliveries to military activities. Supplies shall be marked in accordance with Military Standard 129, edition in effect on the date of issuance of the solicitation.

(b) Improperly marked material. When Government inspection and acceptance are at destination, and delivered supplies are not marked in accordance with contract requirements, the Government has the right, without prior notice to the Contractor to perform the required marking, by contract or otherwise, and https://www.acquisition.gov/far/current/html/Subpart%2011_1.html#wp1087947 charge the Contractor, therefore at the rate specified elsewhere in this contract. This right is not exclusive, and is in addition to other rights or remedies provided for in this contract.

552.211-75 PRESERVATION, PACKAGING, AND PACKING (FEB 1996)

Unless otherwise specified, all items shall be preserved, packaged, and packed in accordance with normal commercial practices, as defined in the applicable commodity specification. Packaging and packing shall comply with the requirements of the Uniform Freight Classification and the National Motor Freight Classification (issue in effect at time of shipment) and each shipping container of each item in a shipment shall be of uniform size and content, except for residual quantities. Where special or unusual packing is specified in an order, but not specifically provided for by the contract, such packing details must be the subject of an agreement independently arrived at between the ordering activity and the Contractor.

552.211-77 PACKING LIST (FEB 1996)

(a) A packing list or other suitable shipping document shall accompany each shipment and shall indicate: (1)

Name and address of consignor; (2) Name and complete address of consignee; (3) Government order or requisition number; (4) Government bill of lading number covering the shipment (if any); and (5)

Description of the material shipped, including item number, quantity, number of containers, and package number (if any).

(b) When payment will be made by Government commercial credit card, in addition to the information in (a) above, the packing list or shipping document shall include: (1) Cardholder name and telephone number and (2) the term "Credit Card."

552.211-89 NON-MANUFACTURED WOOD PACKAGING MATERIAL FOR EXPORT (JAN 2010)

511.204(b)(4)

(a) Definitions:

IPPC Country: Countries of the European Union (EU) or any other country endorsing the International

Plant Protection Convention (IPPC) “Guidelines for Regulating Wood Packaging Material in International

Trade,” approved March 15, 2002. A listing of countries participating in the IPPC is found at http://www.aphis.usda.gov/import_export/plants/plants_exports/wpm/country/index.shtml

Non-Manufactured wood, is also called solid wood and defined as wood packing other than that comprised wholly of wood-based products such as plywood, particle board, oriented strand board, veneer, wood wool, and similar materials, which has been created using glue, heat and pressure or a combination thereof.

Packaged material, and Solid Wood Packing Material (SWPM), for purposes of this clause, is defined as each separate and distinct material that by itself or in combination with other materials forms the container providing a means of protecting and handling a product. This includes, but is not limited to, pallets, dunnage, crating, packing blocks, drums, load boards, pallet collars, and skids.

(b) Non-manufactured wood pallets and other non-manufactured wood packaging material used to pack items for delivery to or through IPPC countries must be marked and properly treated in accordance with

IPPC guidelines.

(c) This requirement applies whether the shipment is direct to the end user or through a Government designated consolidation point. Packaging that does not conform to IPPC guidelines will be refused entry, destroyed or treated prior to entry.

(d) For Department of Defense distribution facilities or freight consolidation points, all non-manufactured wood pallets or packaging material with a probability of entering countries endorsing the IPPC Guidelines must be treated and marked in accordance with DLA 47.305-1 (available at http://www.dla.mil/j-3/j-

3311/DLAD/rev5.htm), and MIL-STD-2073-1, Standard Practice for Military Packaging (and any future revision).

(e) Pallets and packing material shipped to FAS distribution facilities designated for possible delivery to the countries endorsing the IPPC Guidelines will comply with DLAD 47.305-1, and MIL-STD-2073-1.

(f) Delays in delivery caused by non-complying pallets or wood package material will not be considered as beyond the control of the Contractor. Any applicable Government expense incurred as a result of the

Contractor’s failure to provide appropriate pallets or package material shall be reimbursed by the https://acquisition.gov/gsam/current/html/Part511.html#wp1859430 http://www.aphis.usda.gov/import_export/plants/plants_exports/wpm/country/index.shtml http://www.dla.mil/j-3/j-3311/DLAD/rev5.htm http://www.dla.mil/j-3/j-3311/DLAD/rev5.htm

Contractor. Expenses may include the applicable cost for repackage, handling and return shipping, or the destruction of solid wood packaging material.

D-FSS-456 PACKAGING AND PACKING (APR 1984)

(a) Packaging. Shall be in accordance with accepted commercial practice.

(b) Packing. Shall be packed to ensure carrier acceptance and safe delivery to the destination in containers complying with rules and regulations applicable to the mode of transportation.

D-FSS-462 MAXIMUM WEIGHT PER SHIPPING CONTAINER (MAY 1995)

In no instance shall the weight of a shipping container and its contents exceed 23 kilograms (51 pounds), except when caused by (1) the weight of a single item within the shipping container, (2) a prescribed quantity per pack for an item per shipping container, or (3) a definite weight limitation set forth in the purchase description.

F-FSS-230 DELIVERIES TO THE U.S. POSTAL SERVICE (JAN 1994)

(a) Applicability. This clause applies to orders placed for the U.S. Postal Service (USPS) and accepted by the Contractor for the delivery of supplies to a USPS facility (consignee).

(b) Mode/Method of Transportation. Unless the Contracting Officer grants a waiver of this requirement, any shipment that meets the USPS requirements for mailability (i.e., 70 pounds or less, combined length and girth not more than 108 inches, etc.) delivery shall be accomplished via the use of the USPS. Other commercial services shall not be used, but this does not preclude the Contractor from making delivery by the use of the Contractor's own vehicles.

(c) Time of Delivery. Notwithstanding the required time for delivery to destination as may be specified elsewhere in this contract, if shipments under this clause are mailed not later than five (5) calendar days before the required delivery date, delivery shall be deemed to have been made timely.

F-FSS-736-A EXPORT TRAFFIC RELEASE (OCT 1988)

Supplies ordered by GSA for export will not be shipped by the Contractor until shipping instructions are received from GSA. To obtain shipping instructions, the Contractor shall forward completed copies of GSA Form 1611, Application for Shipping Instructions and Notice of Availability, to the GSA office designated on the purchase order at least 15 days prior to the anticipated shipping date. Copies of GSA Form 1611 will be furnished to the Contractor with the purchase order. Failure to comply with this requirement could result in nonacceptance of the material by authorities at the port of exportation. When supplies for export are ordered by other Government agencies the Contractor should obtain shipping instructions from the ordering agency.

52.214-21 DESCRIPTIVE LITERATURE (APR 2002) 14.201-6(p)(1)

(a) "Descriptive literature," as used in this provision, means information furnished by a bidder, such as cuts, illustrations, drawings, and brochures, that shows a product’s characteristics or construction or explains its operation. The term includes only that information required to evaluate the acceptability of the product and excludes other information for operating or maintaining the product.

(b) Descriptive literature is required to establish, for the purpose of evaluation and award, details of the product offered that are specified elsewhere in the solicitation and pertain to significant elements such as

(1) Design;

(2) Materials;

(3) Components;

(4) Performance characteristics; and

(5) Methods of manufacture, assembly, construction, or operation.

(1) Identified to show the item(s) of the offer to which it applies; and

(2) Received by the time specified in this solicitation.

(d) If the bidder fails to submit descriptive literature on time, the Government will reject the bid, except that late descriptive literature sent by mail may be considered under the Late Submissions, Modifications, and

Withdrawals of Bids provision of this solicitation.

https://www.acquisition.gov/far/current/html/Subpart%2014_2.html#_blank

(e) If the descriptive literature fails to show that the product offered conforms to the requirements of the solicitation, the Government will reject the bid.

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

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

REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT (NOV 2021)

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

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

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

(b) Prohibition.

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

(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—

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

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

(d) Representation. The Offeror represents that—

(1) It □ will, □ will not provide covered telecommunications equipment or services to the

Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and https://www.acquisition.gov/far/part-4#FAR_4_2105 https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.sam.gov/

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—

It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services.

The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded

"will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

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

(B) A description of all covered telecommunications equipment offered (include brand;

model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

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

(ii) For covered services—

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

(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

(ii) For covered services—

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

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

As prescribed in 4.2105(b), insert the following clause:

PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES

OR EQUIPMENT (NOV 2021)

https://www.acquisition.gov/far/part-4#FAR_4_2105

(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 facilities, physical security surveillance 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 affiliate 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 of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means–

(1) 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. 1 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 multilateral 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 stability 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 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 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.

(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. 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)(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, 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.

(1) A service that connects to the facilities of a 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.

(1) 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 performance, 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)(1) 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.

REPRESENTATIONS, CERTIFICATIONS and OTHER STATMENTS

52.204-26 Covered Telecommunications Equipment or Services-Representation.

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

COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES-REPRESENTATION (OCT 2020)

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

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

https://www.acquisition.gov/far/part-4#FAR_4_2104 https://www.acquisition.gov/far/part-4#FAR_4_2104 https://dibnet.dod.mil/ https://dibnet.dod.mil/ https://www.acquisition.gov/far/part-4#FAR_4_2105 https://www.acquisition.gov/far/part-52#FAR_52_204_25

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

(c)

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

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it □ does, □ does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

552.204-70 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. As prescribed in 504.2105, insert the following clause:

REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT (DEVIATION I) (AUG 2019)

(a) Definitions. As used in this clause- “Covered telecommunications equipment or services”, “Critical technology”, and “Substantial or essential component” have the meanings provided in FAR 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. 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. Contractors are not prohibited from providing-

(1) A service that connects to the facilities of a 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.

(c) Representation. [Contractor to complete and submit to the Contracting Officer] The Offeror or Contractor represents that it [ ] will or [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract, order, or other contractual instrument resulting from this contract. This representation shall be provided as part of the proposal and resubmitted on an annual basis from the date of award.

(d) Disclosures. If the Offeror or Contractor has responded affirmatively to the representation in paragraph (c) of this clause, the Offeror or Contractor shall provide the following additional information to the Contracting Officer-

(1) All covered telecommunications equipment and services offered or provided (include brand;

model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);

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

(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and https://www.sam.gov/

(4) For equipment, 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).

552.219-75 GSA Mentor-Protégé Program.

As prescribed in 519.7017(a) , insert the following clause:

GSA Mentor-Protégé Program (Sep 2009)

(a) Prime contractors, including small businesses, are encouraged to participate in the GSA Mentor-

Protégé Program for the purpose of providing developmental assistance to eligible protégé entities to enhance their capabilities and increase their participation in GSA contracts.

(b) The Program consists of:

(1) Mentor firms are large prime contractors with at least one active subcontracting plan, or that are eligible small businesses;

(2) Protégés are subcontractors to the prime contractor, and include small business concerns, small disadvantaged business concerns, veteran-owned small business concerns, service disabled veteran-owned small business concerns, HUBZone small business concerns, and women-owned small business concerns meeting the qualifications specified in Subpart 519.70; and

(3) Mentorprotégé Applications and Agreements, approved by the Mentor-Protégé Program Manager in the GSA Office of Small Business Utilization (OSBU).

(c) Mentor participation in the Program means providing technical, managerial and financial assistance to aid protégés in developing requisite high tech expertise and business systems to compete for and successfully perform GSA contracts and subcontracts. (d) Contractors interested in participating in the

Program are encouraged to read FAR Subpart 19.7 and to contact the GSA Office of Small Business

Utilization (e),Washington, DC 20405, (202) 5011021, for further information.

552.209-70 REPRESENTATION BY ENTITIES REGARDING INCORPORATION OR CHARTER IN BERMUDA OR

THE CAYMAN ISLANDS - FISCAL YEAR 2015 APPROPRIATIONS, DIVISION E AGENCIES (APR 2015)

(a) This clause only applies if:

(1) The contract was entered into in or after fiscal year (FY) 2015; and

(2) The source of funding for the contract action is appropriated funding provided by Division E under the Consolidated and Further Continuing Appropriations Act, 2015.

(b) For task order or delivery orders, this clause should only be used if the base contract against which the order is placed was awarded in or after FY 2015, and the task or delivery order uses funds provided by Division E of the FY15 CF CAA.

(c) Division E Agencies under the Consolidated and Further Continuing Appropriations Act, 2015, consist of the following exhaustive list of entities:

Department of the Treasury (Departmental Offices; Financial Crimes Enforcement Network; Treasury

Forfeiture Fund; Bureau of the Fiscal Service; Alcohol and Tobacco Tax and Trade Bureau; United States

Mint; Community Development Financial Institutions Fund Program Account; Internal Revenue Service);

Executive Office of the President and Funds Appropriated to the President (White House; Executive

Residence at the White House;

White House Repair and Restoration;

Council of Economic Advisors;

National Security Council and Homeland Security Council;

Office of Administration;

Office of Management and Budget;

Office of National Drug Control Policy;

Information Technology Oversight and Reform;

Special Assistance to the President; Official Residence of the Vice President);

The Judiciary (Supreme Court of the United States;

United States Court of Appeals for the Federal Circuit;

United States Court of International Trade; Courts of Appeals, District Courts and Other Judicial Services;

Administrative Office of the United States Courts;

Federal Judicial Center;

United States Sentencing Commission);

District of Columbia (A// Federal funding);

Independent Agencies (Administrative Conference of the United States;

Commodity Futures Trading Commission;

Consumer Product Safety Commission;

Election Assistance Commission;

Federal Communications Commission;

Federal Deposit Insurance Corporation;

Federal Election Commission;

Federal Labor Relations Authority;

Federal Trade Commission;

General Services Administration;

Harry S. 3 Truman Scholarship Foundation;

Merit Systems Protection Board;

Morris K. Udall and Stewart A. Udall Foundation;

National Archives and Records Administration;

National Credit Union Administration;

Office of Government Ethics;

Office of Personnel Management;

Office of Special Counsel;

Postal Regulatory Commission;

Privacy and Civil Liberties Oversight Board;

Recovery Accountability and Transparency Board;

Securities and Exchange Commission;

Selective Service System;

Small Business Administration;

United States Postal Service, and;

United States Tax Court)

(d) In accordance with Section 627 of the Consolidated and Further Continuing Appropriations, Act, 2015, none of the funds made available by the Consolidated and Further Continuing Appropriations, Act, 2015, Division E, may be used to enter into any contract with an incorporated entity if such entity's sealed bid or competitive proposal shows that such entity is incorporated or chartered in Bermuda or the Cayman

Islands, and such entity's sealed bid or competitive proposal shows that such entity was previously incorporated in the United States.

(e) The Offeror represents that it is []is not []an entity incorporated or chartered in Bermuda or the

Cayman Islands, and was [ ] or was not [ ] previously incorporated or chartered in the United States.

552.203-72 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT

FEDERAL TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (DEVIATION)

(APR2012)

(a) In accordance with Sections 630 and 631 of Division of the Consolidated

Appropriations Act, 2012 (Pub. L. 112-74), none of the funds made available by that Act may be used to enter into a contract action with any corporation that---

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

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

(b) The Contractor represents that---

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

(2) It is [ ] is not [ ] a corporation that was convicted, or had an officer or agent of the corporation acting on behalf of the corporation, convicted of a felony criminal violation under any Federal law within the preceding 24 months.

X Date:

Signed By:

Enrollment Instructions - Electronic Data Interchange (EDI) or Vendor Portal (VP)

Attachment 1

C.1 Vendor Portal (VP) and Electronic Data Interchange (EDI) Requirements The government will allow contractors to choose either VP or EDI for conducting business transactions with GSA. VP requires retrieval of orders and significant manual entries of transactional data via a GSA provided portal. EDI is better suited for higher volume contractors. GSA prefers EDI, and suggests contractors expecting to receive greater than 50 orders per month to choose EDI. Additional information and points of contact for business transaction processing requirements can be found at http://www.gsa.gov/supplyedivp.

C.1.1 Transactional Business Requirements http://www.gsa.gov/supplyedivp

Regardless of whether orders are received via VP or EDI, the contractor is required to work with GSA to understand and adhere to GSA business rules and requirements.

All transactions will be submitted to and received by the “prime” contractor ONLY. Any additional electronic transaction communication that is required to fulfill Customer Order(s) between the contractors and its suppliers shall be the responsibility of the “prime” contractor ONLY. No subcontractor submissions accepted, and contractor teaming arrangements must designate a lead contractor.

Each contract may contain specific information regarding information below. The contractor is required to work with their GSA Contracting Officer to understand and adhere to GSA business rules and requirements as they relate to:

• Processing of…

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