RFQ 19MX3025Q0010.pdf

Consulate General of the United States of America Guadalajara

Av. Manuel Acuña 3410, Colonia Monraz Terrazas, 44670 Guadalajara, Jalisco, Mexico

Date: June 6, 2025

To: Prospective Quoters

Subject: Request for Quotations number 19MX3025Q0010

Enclosed is a Request for Quotations (RFQ) for the acquisition of an Elevation Work Platform (Boom Lift) for the Consulate Compound of Guadalajara. If you would like to submit a quotation, carefully review the attached Statement of Work (SOW), fill out and sign the attached Standard Form 1449, Attachment 3, and submit your proposal to the email address mentioned below, only email proposals in English will be accepted.

The U.S. Government intends to award a contract to the responsible company submitting a quotation at the lowest price technically acceptable. We intend to award a contract based on initial quotations, without holding discussions, although we may hold discussions with companies in the competitive range if there is a need to do so.

Questions are due by July 1, 2025, at 12:00 CST. Questions will not be accepted after this time.

Quotations are due by July 21, 2025, at 12:00 CST. 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 GDLGSOProcurement@state.gov.

Sincerely, Pedro E Cruz

Contracting Officer

Attachment 1 – Standard Form 1449 (SF-1449) Attachment 2 – Statement of Work (SOW) Attachment 3 – National Defense Authorization Act (NDAA)

06/06/2025 18:25 GMT

Cruz, Pedro (CruzPE@state.gov)

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER

PR15395938

2. CONTRACT NO.

3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

19MX3025Q0010

6. SOLICITATION ISSUE DATE

06/06/2025

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

CRISTINA A. TAKAHASHI

b. TELEPHONE NUMBER(No collect calls)

+52 33-3111-6504

8. OFFER DUE DATE/ LOCAL

TIME

07/21/2025 / 12:00

9. ISSUED BY CODE MX300 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE:____ % FOR:

SMALL BUSINESS WOMEN-OWNED SMALL BUSINESS

AMCONGEN GUADALAJARA, MEXICO

AV. MANUEL ACUNA 3410, ATTN: GSO

GUADALAJARA 44670.

HUBZONE SMALL

BUSINESS

(WOSB) ELLIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM NAICS:

MEXICO

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

EDWOSB

8 (A) SIZE STANDARD:

11. DELIVERY FOR FOB DESTINAT-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS 13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

AMCONGEN GUADALAJARA, MEXICO

AV. MANUEL ACUNA 3410, ATTN:

CONSULATE GENERAL

GUADALAJARA 44670

MEXICO

AMCONGEN GUADALAJARA, MEXICO

AV. MANUEL ACUNA 3410, ATTN: GSO

GUADALAJARA 44670

17a. CONTRACTOR/

OFFERER

TELEPHONE NO.

CODE FACILITY

CODE

18a. PAYMENT WILL BE MADE BY

AMCONGEN GUADALAJARA, MEXICO

AV. MANUEL ACUNA 3410, ATTN: GSO

GUADALAJARA 44670

CODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Elevating Work Platform Training on site (USCG GDL) Shipping (if applicable) TAX/VAT (if applicable)

EA

EA

EA

EA

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a.SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED

27b.CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN ____

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL

ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

29. AWARD OF CONTRACT: REF. _________________ OFFER DATED

____________. YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING ANY

ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS

TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or print)

30c. DATE SIGNED

31b. NAME OF CONTRACTING OFFICER (Type or print)

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV. 02/2012)

PREVIOUS EDITION IS NOT USABLE Computer Generated Prescribed by GSA - FAR (48 CFR) 53.212

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: _______________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

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

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

36. PAYMENT 37. CHECK NUMBER

PARTIAL FINAL

COMPLETE PARTIAL FINAL

38. S/R ACCOUNT NO.

39. S/R VOUCHER NO. 40. PAID BY

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

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41C. DATE

42b. RECEIVED AT (Location)

42c. DATE REC’D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

ATTACHMENT 2

STATEMENT OF WORK (SOW)

Elevating Work Platform for Outdoor Use

TYPE OF SERVICE OR COMMODITY: Mobile Elevating Work Platform.

1) OBJECTIVE

Elevating platform with adjustable height with precision accuracy to perform outdoor activities.

2) GENERAL

Working at heights to remove dust, cleaning windows or nest from the canopy, will be day to day activities performed with the Elevating Work Platform.

3) SCOPE OF SERVICE OR COMMODITY

This equipment will aid the Facilities team when working at heights. The equipment needed is designed to move personnel, tools, and materials to the working positions.

4) TECHNICAL SPECIFICATIONS

All technical specifications should meet or exceed the below, any brand names mentioned are for comparison purposes and the final product may differ if it meets the minimum requirements of the similar product.

a) Similar or exceeds the X600AJ Compact Crawler Boom Model

b) Platform Height: + 18m.

c) Working Height: +20m.

d) Horizontal Outreach: + 9m.

e) Swing: 360°.

f) Max. Platform Capacity: 227 kg.

g) Platform Size: 58" x 30" (1.47 x 0.76 m)

h) Overall Width: 31" (0.78 m) - > To be able to pass through doors.

i) Stowed Height: <1.98m.

j) Track Length: <1.50m.

k) Weight: <3,000 kg.

l) Electric System: 100Ah 72V Lithium-Ion

5) OTHER SPECIFICATIONS

a) All equipment must be new and in good condition, used equipment will not be accepted.

b) A Technical Sheet must be provided along with the vendors proposal

c) Vendor must fill out and sign the SF-1449 Form of this solicitation

d) Vendor must be registered on SAM.gov, more information in section 11, SAM registration

e) When submitting its proposal, the vendor must include color photographs, depicting the items described in section 4, Technical Specifications of this solicitation

f) When submitting its proposal, submit a detailed Delivery Plan, outlining the procedures and strategy that will be used for procuring, transporting, and delivering all the required items directly at the end users’ location

6) TRAINING

A training session is part of the delivery of the equipment. Full training is required to be provided to the staff that will operate the equipment.

The session take place in a single day, if the session is required to take longer than a single day it must not take longer than three days.

The session must take place using the following parameters:

a) Monday to Friday, excluding local holidays

b) Between 8:00am to 5:00pm

c) The training will take place on-site, at the delivery location

d) The vendor must coordinate services at least ten (10) business days in advance to ensure participants can schedule time to attend

e) The trainer(s) must come prepared with material(s) to provide to the trainees

f) The trainees will be approximately one to four students

g) Any costs associated with the training session will be covered by the vendor or included in their price proposal

Training must be in Spanish language and must cover at least the following topics:

i. Use of the machine

ii. Safety and best practices

iii. Cleaning and maintenance

iv. Problem solving

7) DELIVERY DATE & PLACE OF PERFORMANCE:

The equipment must be direct delivered to the following address:

Av. Manuel Acuña 3410 Colonia Monraz Terrazas

44690, Guadalajara, Jalisco Mexico

Vendor shall transport, deliver, unload, and load all the equipment listed in this solicitation, at least 90 business days after contract award. Training services are required, these shall be provided within 10 business days after equipment is delivered and accepted at end users’ facilities.

Vendor shall consolidate the entire shipment to prevent loss and misdirection. Any costs or arrangements associated with getting the employees and equipment to the site locations must be included in the cost proposal.

Importation permits and licenses: The vendor must be aware that if any item is purchased outside of Mexico, at no time or under any circumstance will the US Government or the US Consulate General of Guadalajara will be involved in the importation process. The contractor must also note that the US Government or the US Consulate General of Guadalajara will not provide anyone nor sign documents related to the importation process to act as an importer of goods.

The vendor is sole responsible for clearing customs in Mexico, paying importation taxes and providing all required importation permits and paperwork in compliance with Mexican regulations. All shipping/export documentation and relevant permits/licenses, or any other documentation necessary for the importation of the goods to Mexico, shall be submitted to the US Consulate General of Guadalajara as requested.

8) WARRANTY

The Vendor must provide a 12-month warranty for the delivered equipment. Warranty must be applicable and serviceable in Mexico. The Vendor shall provide details on warranty support and procedures to follow when requesting warranty services. Warranty term shall begin after acceptance of the equipment. Warranty policy, installation manuals and tech support contact information should be delivered the same day the equipment delivery takes place. To guarantee long term warranty support in Mexico, the Contractor must verify that equipment manufacturer(s) has (have) local presence in Mexico and be able to provide technical and warranty support for equipment in Spanish.

9) NON-PAYMENT FOR UNAUTHORIZED WORK

No payments will be made for any unauthorized supplies or services nor for any unauthorized changes to the work specified herein. This includes any services performed by the Vendor of its own volition or at the request of an individual other than a duly appointed Contracting Officer (CO). Only a duly appointed CO is authorized to change the specifications, terms and/or conditions of this contract.

10) PAYMENT

Payment will be via Electronic Transfer. Payment will be made after all items have been delivered and the invoice has been received, a processing time of 30 days will be required once the invoice has been received.

Vendor will register in the US Consulate General of Guadalajara’s Invoicing Portal Website;

instructions will be provided to the awarded vendor.

This website, MyILMS, will be where the vendor will upload their invoice.

11) SAM REGISTRATION

a) Background

To be eligible for an award, all prospective Offerors shall have a Commercial and Government Entity (Cage)/North Atlantic Treaty Organization (Nato) = (NCage) Code; and register to System for Award Management (SAM) for their Unique Entity ID. Refer to FAR 4.605(b) for further guidance.

Vendors have experienced difficulty registering in SAM. One of the most common issues is inaccurate address validation. One of the first steps SAM.gov does to verify the Vendors legal information is comparing their NCAGE address and their address registered in SAM for their Unique Entity ID. Many times, these address are not exactly the same, even the smallest details can cause SAM.gov to not process the registration if the addresses do not exactly match up.

NOTE: it is very important that each company/entity register with their fiscal company name and address in NCAGE as well as in SAM (Unique Entity ID) and without misspelling/typos. The information shall match and be exactly the same on all registrations, if not, the process will take a minimum of four months.

NATO Commercial and Government Entity (NCAGE) Code: Foreign entities shall obtain a

NCAGE code for each to register in SAM before starting the registration process. Make sure the name and address information provided to obtain the NCAGE code matches that of your created SAM account. Allow up to three (3) business days to receive the NCAGE code.

b) System for Award Management (SAM)

Offerors must register the entity in SAM at – https://sam.gov/content/entity-registration .

Please allow plenty of time before the contract application deadline. Allow up to 10 business days after submission before the registration is active in SAM.

Please enter to https://sam.gov/content/entity-registration for further guidance.

Current SAM.gov registrants have already been assigned their Unique Entity Identifier and can view it within SAM.gov; there is no further action required.

ATTACHMENT 3

NATIONAL DEFENSE AUTHORIZATION ACT (NDAA)

COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES – REPRESENTATION

Contractor Name:

Contractor’s Authorized Representative:

Signature:

Date:

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT (NOV 2021)

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

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

(a) Definitions. As used in this provision—

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

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

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

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

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

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

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

(d) Representation. The Offeror represents that—

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

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

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

(e) Disclosures.

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

(i) For covered equipment—

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

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

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

(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.

(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)

(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.

(End of provision)