Solicitation-PR12346067 CCTV Project and Annual maintenance..pdf

U.S. Embassy Banjul

Date: July 26, 2024

Dear Prospective Quoter:

Subject: Request for Quotations- PR12346067-CCTV Installation Project and Annual maintenance Service.

The US Embassy Banjul wishes to solicit your technical proposal and proforma cost estimate on the installation of CCTV cameras and annual maintenance service as per below scope of work

(SOW). U.S. Government intends to award a contract to the responsible company submitting a technically acceptable quotation at the lowest price.

A site visit will be held on August 1,2024 at 10:00 a.m. at house 1001 Fajara in Banjul.

Interested contractors should submit no more than two names of attendees to the address

BanjulGSO@state.gov with subject line Request for site visit - PR12346067-CCTV Installation and annual maintenance Service not later than July 30,2024 at 12:00 p.m. Gambian Time.

Quotations are due by August 9,2024 at 10:00 a.m. Gambian time. No quotations will be accepted after this time. Proposals must be in English and incomplete proposals will not be accepted.

Your quotation must be submitted electronically to BanjulGSO@state.gov

It is important to make sure the submission is made in specific size and format; in MS-Word

2007/2010 or MS-Excel 2007/2010 or Adobe Acrobat (pdf) file format. The file size must not exceed 30MB. If the file size should exceed the 30MB, the submission must be made in separate files and attached to separate emails with less than 30MB each.

In order for a quotation to be considered, you must submit the following:

1. Package One- Technical proposal.

2. Package two - Cost proposal as per pricing table.

3. Proof of SAM Registration to include the SAM Unique Entity ID.

Offerors shall be registered in the SAM (System for Award Management) database at https://www.sam.gov prior to submittal of their offer/proposal as prescribed under FAR 4.1102.

Failure to be registered at time of proposal submission may deem the offeror’s proposal to be considered non-responsible and no further consideration will be given. Therefore, offerors are highly encouraged to register immediately if they are interested in submitting a response to this requirement.

Sincerely, Jeff Blythe

General service Officer

SBU - CONTRACTING AND ACQUISITIONS

mailto:BanjulGSOProcurement@state.gov mailto:BanjulGSOProcurement@state.gov https://www.sam.gov/

SENSITIVE BUT UNCLASSIFIED

STATEMENT OF WORK

For

CCTV Installation and Annual maintenance at House No.1001

U.S. EMBASSY

Banjul, Gambia

1.0 PROJECT DESCRIPTION

The Embassy of United States of America in Banjul intends to perform work on the CCTV cameras. which a replacement of the whole system to new a system is needed for reliability and to ensure the system runs twenty-four hours. This is to ensure the perimeter fence is secure and to have a view of the interior compound.

The objective of this scope of work is to provide guidance and specifications. The work includes installing a completely new CCTV system and Tech support within 24 hours.

2.0 GENERAL CONDITIONS

1. Fixed-Price Proposal. The Contractor has agreed to perform this work, for a firm fixed price to the US Embassy Banjul.

2. Specifications. The work shall be completed per the manufacturer’s instructions and this

Statement of Work.

3. Execution. The Work shall be executed in a diligent and workmanlike manner, this Scope of Work, and the Project Schedule.

4. Work Hours. The installation, unless otherwise agreed upon with RSO, shall be executed during normal business working hours: Monday – Thursday 08:00 AM to 5:30

PM and Friday 08:00 to 12:00

5. Safety. The Contractor shall be responsible for conducting the work in a manner that ensures the safety of DOS employees, visitors to the residence, and the Contractor’s employees.

6. Workforce. The contractor shall provide all supervision, skilled and unskilled labor needed to perform the work.

SBU - CONTRACTING AND ACQUISITIONS

7. Subcontractors. Contractor shall be responsible for the conduct and workmanship of

Subcontractors engaged in the Project, and for Subcontractor’s compliance with the terms of this Statement of Work. The Contractor is responsible for the behavior and workmanship of Subcontractors.

8. Modification to Contract. The Contractor shall not incur any costs beyond those described in this SOW unless directed otherwise in writing by the Contracting Officer.

Any work performed by the Contractor beyond this SOW without written direction from the Contracting Officer will be at the Contractor’s own risk and at no cost to the Embassy.

9. Stop Work. At any time during the Project, the Contracting Officer reserves the right to

Stop Work for protection of employees or visitors, security, or any other reason at his/her discretion. Any Clarifications to this Statement of Work may be obtained by contacting US

Embassy Residential Security Technician, Telephone: 7959996.

10. Installation Cost Breakdown. The Government’s “Installation Cost Breakdown” is for internal use only, and the contractor is responsible for taking all field measurements and for quantifying the required labor, material, and tasks needed to complete the job.

11. Cleaning. The contractor is responsible to clean up daily after finishing work.

3.0. ASSUMPTIONS AND CRITERIA

1. The contractor is responsible to field measure and to quantify the required materials, labor, and tools to complete the job.

2. The contractor shall quantify and show positions of cameras to be installed to avoid blind spot view in the compound.

3. The contractor is responsible for repairing any damaged concrete pavement, broken glass.

4. Any welded spots shall by properly grinded and anti-corrosion paint shall be applied.

5. The contractor shall submit a detailed cost breakdown, listing items individually, so that the Embassy can best evaluate the competing bids.

6. The contractor is responsible for all materials, labor, tools, and equipment necessary to complete the work described on the Statement of Work (SOW).

7. Contractor shall provide all PPE (Personal Protective Equipment) necessary to perform the work and replace them when needed.

8. The Contractor shall also include in his proposal a one-year warranty.

4.0 CCTV INSTALLATION SERVICE: REQUIREMENTS AND STANDARDS

4.1 Camera: IP (Ingress Protection)66, High Definition, minimum 4 Megapixel resolution, CMOS sensor, Infrared/Night vision option, LED, ability to pan, tilt and zoom, compatible with encoder integral to IP camera, electronic image resolution. It should withstand harsh and humid ambient conditions and to withstand temperature in the range of -40 to 60*C.

4.2 Base station: Show up to connect 32 cameras, simultaneous Playback and Live view on the same screen, Selectable area Zoom during Live and Playback display.

4.3 Recording equipment (NVR): The NVR shall be Real-time Recording of up to 4MP

Resolution (60 fps recording on each channel) rated for more than 30 days preferred.

4.4 Storage: automatic storage and expandable High-Capacity Storage - up to 4/8TB (2 x

HDD/SSD up to 2/4TB each)

4.5 Monitoring screen: 240volts, AC, 50Hz. operated 43” LED wall mounted monitor.

4.6 Security Access: Password protected with 2 level Security.

4.7 Uninterrupted power supply (UPS): 240volts, AC, 50Hz operated APC brand UPS to have minimum two hours of battery power backup to the system.

4.8 Cabling: The cables shall be industrial network cable type and fiber. The power and signal cabling shall be rated, supplied, and completed according to the manufacturer’s recommendation.

4.9 Power supply: All the proposed equipment shall be compatible for 240volts, AC, 50Hz power supply.

4.10 Groundings: The cables shall be highly grounded to reduce the risk of device failure or burnt-out devices.

4.11 POE switches: The POE switches shall be industrial type of 1Gbps switching capacity, Hardened IP30 rated metal switch, Wide operating temperature range of -40° – 75°C (-40° – 167°F), Dual inputs provide, redundant power with overload current protection and NDAA compliant.

Level 1 Operational Requirement

• Safety and Security - The system should be capable of providing the safety and security of the residences.

• Deterrence - The system should be able to deter criminals.

• Crime investigation – Recorded images should be of excellent high-resolution quality and fit for purpose of individual face and vehicle/registration plate recognition.

Level 2 Operational Requirements - Locations

• Various cameras along the perimeter fence (Facial)

• Various cameras around the building (Facial)

• PTZ camera at the back gate facing the beach (Facial and vehicle)

• PTZ camera at front gate (Facial and vehicle)

Camera Requirements – IP 4K Technology or same

• Monitor perimeter fence and parking areas.

• Observe the actions of individuals/groups and vehicles.

• Obtain images 24/7 that would enable RSO or the police to identify an individual or vehicle.

• All cameras should have infra-red capability and provide clear and high-quality resolution images at night.

• All cameras at minimum 5MP

Installation

1. All equipment installed should be suitable to withstand the prevailing environmental conditions.

2. All cameras and its supporting hardware should be securely mounted. The camera mounting bracket and pole should safely support the weight of the camera and of any associated hardware. Remember that a small amount of deflection in a pole when a camera is fully zoomed in at a distant target will result in large degrees of movement in the scene.

3. Protection against malicious damage either through forceful impact, scratching or burning plastic windows or dome bubbles, or spraying should be addressed by using a combination of housing specification and physical positioning.

4. The cameras should be fitted with housing for protection against vandalism or environmental conditions.

5. All interconnecting cables should be fixed and supported and installed to conform to good working practices.

6. Conduit: when metal is used, suitable bushes or grommets should be fixed to each end to prevent damage to the cable. When conduit is used to carry the cable, it should terminate as close as possible to the unit to be connected.

7. PVC or metal Trunking: where trunking is used to carry the cable, it should terminate as close as possible to the unit to be connected.

8. Insulated clips and cable ties.

9. Catenary Cables: When overhead catenary wires with loop holders or plastic buckles are used the supporting wire should be securely attached to the building. Self-supporting catenary cables may be used, provided they are correctly designed.

10. All cables should be of a type and size appropriate to the application and should take account of transmission rate, electrical interference and voltage drop.

11. Any plastic or PVC component used as part of the installation of cables should be suitable for the environment in which it is installed. Externally mounted ties and clips should be made of UV-resistant material.

12. Any cables used underground should be suitable for that purpose and have adequate protection from mechanical damage. Underground cables should provide a high level of resistance to dampness, chemical reactions, corrosion, and rodents.

Handover on completion of project

The contractor shall demonstrate all aspects of the system operation to the residential security technician, including any necessary safety precautions.

1. The contractor shall ensure that the correct documentation is given to the customer to enable the system to be operated, adjusted, and maintained.

2. The contractor shall train the system user(s) in its correct operation and arrange for any necessary future training.

3. The contractor shall provide contact details to the residential security technician in case of a systems malfunction.

Site conditions

1. The contractor shall leave the site free of any debris related to the CCTV project during and after the end of the project. Cutting or welding on the ground shall not leave any markings of any kind. To prevent marking the ground it is recommended that the cutting or welding be done offsite or have a protective layer for the pavers/ concrete. If interlocks need to be removed it should be fitted back to its original state.

2. The contractor shall be held liable for any damaged caused to property during this project.

Warranty

a. One (1) year warranty on the equipment/materials and labor

Note – The Embassy Banjul will provide the following grounding materials, The rest should be discussed during the site visit.

(1) Twelve pieces of copper air terminal.

(2) Two rolls of class one copper conductor.

(3) Thirty pieces of bronze ground rod clamp.

(4) One-hundred-and-fifty-foot concentric Bare copper conductor.

(5) Three pieces of surge protective device plug-in.

(6) Thirty pieces of copper bonded steel pointed end.

4.2 Annual maintenance (On site Tech support service).

1. A faulty but repairable camera should be able to be up and running within twenty-four hours in order not to lose any event.

2. A technician should be able to be on site when needed for any tech support.

3. Technical staff accessible by phone during working hours.

4. Backup or store any relevant footage upon request.

5. Re-paint any rusty poles or brackets.

6. Train guards for CCTV updated monitoring operations.

7. Cleaning of cameras and equipment as needed.

8. Applying sealant to any areas where there could be leaks.

9. Configure camera notifications.

10. Quarterly comprehensive maintenance i.e., cleaning of cameras, poles, brackets, re-painting of camera poles and brackets.

11. Monthly maintenance checking of recording and adjustments if there is.

12. In the event a camera is broken or unrepairable, it should be replaced with in one week.

5.0 PROJECT SCHEDULE

1. Commencement, Prosecution, and Completion of Work

The Contractor shall be required to (a) commence work under this contract within five (5) calendar days after the date the Contractor receives the Notice to Proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than fourteen

(14) calendar days after NTP. The time stated for completion shall include final cleanup of the premises.

6.0. RESPONSIBILITIES AND PROJECT MANAGEMENT

1. COR. A Contracting Officers Representative (COR) will be assigned to ensure quality assurance goals are met. The Contractor shall always provide the COR access to the site.

2. Point of Contact. The COR shall be the main point of contact for this Project. However, no work shall proceed except with the permission of RSO staff. The Contractor shall report to the RSO project lead on (a) status of the Project, (b) changes in Schedule, (c) accidents and safety issues, (d) disruptions to utility services, and (e) provide a security plan; and all other important information pertaining to the Project. The RSO project lead MUST approve the site security work plan prior to any work beginning under this contract. The RSO project lead can order a work stoppage if the security plan is not being followed.

3. English Speaking Representative. The Contractor shall provide an English-speaking representative on-site during all working hours with the authority to make all decisions on behalf of the Contractor and subcontractors.

4. Management Personnel. The Contractor shall staff the site, full-time, with a competent senior manager who shall perform project management. Remote project management is not an option. This individual shall keep a written history of the project and shall update the Government weekly.

5. Deficiencies and Corrections. The Contractor shall, without additional compensation from the U.S. Embassy, correct any errors or deficiencies in its construction and/or other provided services. The Contractor shall make these corrections within 72 hours after being notified of such errors or deficiencies.

6. Site Security. The Contractor is responsible for on-site security as necessary to ensure no unauthorized access to their work sites. The Contractor is 100% responsible for securing their working materials and equipment. Any damage to facilities or infrastructure, which happens due to a lack of security, will be the responsibility of the Contractor to correct.

7. Contractor’s Temporary Work Center. The Contractor will be permitted to use a designated area within the contract limits for operation of his construction equipment and office if warranted. If directed by the Contracting Officer, the Contractor shall not receive additional compensation to relocate his operations. The Contractor is responsible for obtaining any required additional mobilization area above that designated. On completion of the contract, all facilities shall be removed from the mobilization area within 5 days of final acceptance by the Contractor and shall be disposed of in accordance with applicable host government laws and regulations. The site shall be cleared of construction debris and other materials and the area restored to its initial state. The Contractor is responsible for maintaining this area in a clear orderly manner.

8. Health and Safety. The Contractor shall be solely responsible for risk assessments, managing health, and safety issues associated with this project. The Contractor must provide water to all workers at the job sites. Based on hazard assessments, Contractors shall provide or afford each affected employee personal protective equipment (PPE) that will protect the employee from hazards. At a minimum PPE shall consist of eye protection, hard hats, and closed toe shoes. If the workers arrive on-site with sandals or athletic shoes, the Contractor is expected to provide rubber boots to them or send them home. All construction workers and management personnel must always wear hard hats on the construction sites. Other PPE such as gloves, and dust masks are also recommended. These items must be provided at the Contractor’s expense. Any worker at an elevated location above 1.8 meters, except for a portable ladder, must be provided and utilize a safety harness.

PRICING TABLE:

S/n Description Quantity Price in

GMD

1 IP Cameras-Dome and Bullet 28Pcs

2 IP Cameras- PTZ 2 Pcs

3 Industrial type POE switches (Fast Ethernet ports,1.6Gbps switching capacity, Dual inputs provide redundant power with overload current protection and NDAA compliant)

12 Pcs

4 Industrial type twisted Network cable (CAT6 shielded) 7 rolls

5 Fiber optic cable with its connector 15 pcs

6 Network video Recorder (NVR) 1 Pc

7 RJ45 keystone jack 100 pcs

8 Conduit pipes 15 bundle

9 9U Rack cabinet 1 Pcs

10 poly boxes 8 Pcs

11 43 monitor Screen 1 Each

12 UPS/Inverter System 1 Lot

13 Pole mount J-box bracket for PTZ camera 2 Pcs

14 Pole mount J-box bracket for Dome cameras 28 Pcs

15 Cabling (Assorted fittings, fasteners, and misc. connectors, Misc.

electrical fittings and fasteners, Electrical MCB, RCD and bar set)

1 lot

16 Civil and Metal works (Pole Fabrication & manholes) 1 lot

17 Making good all affected areas, removing debris 1 lot

18 Installation costs (labor, profit) 1 lot

19 Annual maintenance service (On site Tech Support) 12 months

Overall Evaluation:

Proposals will be evaluated in two phases: a technical evaluation to determine the acceptability of the offer to the solicitation scope of work technical requirements; and a price evaluation to determine the total evaluated price proposed by each offeror.

Proposals must provide clear and adequate responses to each of the following criterion:

a) Brief description of and comparability to the work required under this solicitation.

b) The POC shall be licensed/certified to undertake the CCTV Installation works and maintenance.

c) The offeror shall include a notarized copy of the most current license/certificate/-accreditation, which demonstrates that the offeror is licensed/certified/accredited or otherwise authorized by the Government of Gambia or its agent to operate business in

Gambia.

d) Proof of financial capability to undertake this project and the capacity to accomplish the work in the required project duration.

e) Three (3) years of past performance on contracts with Government agencies and private industry in terms of cost control, quality of work, and compliance with performance schedules.

f) Location in the general geographical area of the project and knowledge of the locality of the project; provided, that application of this criterion leaves an appropriate number of qualified firms, given the nature and size of the project; and

g) Acceptability under other appropriate evaluation criteria.

h) Separate the technical and commercial proposals.

A. CLAUSES FOR PURCHASE ORDERS AND BLANKET PURCHASE

AGREEMENTS AWARDED BY OVERSEAS CONTRACTING ACTIVITIES

(Current thru FAC 2022-05, effective 03/2022)

COMMERCIAL ITEMS

52.2522 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This purchase order or BPA incorporates the following clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: Acquisition.gov this address is subject to change.

DOSAR clauses may be accessed at: https://acquisition.gov/dosar

FEDERAL ACQUISTION REGULATION (48 CFR CHAPTER 1) CLAUSES:

NUMBER TITLE DATE

52.204-7 SYSTEM FOR AWARD MANAGEMENT

OCT 2018

52.204-9 PERSONAL IDENTITY VERIFICATION OF

CONTRACTOR PERSONNEL

JAN 2011

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

52.212-4 CONTRACT TERMS AND CONDITIONS—

COMMERCIAL ITEMS

NOV 2021

52.223-17 AFFIRMATIVE PROCUREMENT OF EPA-

DESIGNATED ITEMS IN SERVICE AND

CONSTRUCTION CONTRACTS

AUG 2018

52.225-19 CONTRACTOR PERSONNEL IN A DIPLOMATIC

OR CONSULAR MISSION OUTSIDE THE UNITED

STATES

MAY 2020

52.227-19 COMMERCIAL COMPUTER SOFTWARE LICENSE

DEC 2007

52.228-3 WORKERS’COMPENSATION INSURANCE

JUL 2014

52.228-4 WORKERS’ COMPENSATION AND WAR-HAZARD

INSURANCE

APR 1984

52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS

JAN 2022

https://acquisition.gov/browse/index/far https://acquisition.gov/dosar

52.246-26 REPORTING NONCONFORMING ITEMS

NOV 2021

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

(a) Definitions . As used in this provision—

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

(b) Prohibition.

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

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

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

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for

Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August

13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment , system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services , regardless of whether that use is in performance of work under a Federal contract .

Nothing in the prohibition shall be construed to—

SBU - CONTRACTING AND ACQUISITIONS

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_26 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_204_25

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

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

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

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

(d) Representation. The Offeror represents that—

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

Government in the performance of any contract , subcontract or other contractual instrument resulting from this solicitation . The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

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

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

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

(e) Disclosures.

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

(i) For covered equipment —

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

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

and item description, as applicable); and

(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)

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT

(NOV 2021)

(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 .

(c) Exceptions. This clause does not prohibit contractors 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.

(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 .

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

(End of clause)

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES-

REPRESENTATION (OCT 2020)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and “reasonable inquiry” have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or

Equipment.

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

Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(c) Representations. (1) 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.

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS- COMMERCIAL

ITEMS (NOV 2021)

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. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

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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;

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(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 "—

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 concern —

(1) Means a small business concern —

(i) Not less than 51 percent of which is owned 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 service-disabled veterans; and

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

(2) Service-disabled veteran 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).

Small business concern —

(1) Means a concern, including its affiliates , that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, 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 with13 CFR 124.1002, 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 at13 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

$750,000 after taking into account the applicable exclusions set forth at 13 CFR124.104(c)(2);

and

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(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 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 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 .

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 least51 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.

(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…