RFQ 36C25622Q1381.pdf

36C25622Q1381

COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS

General Information:

Document Type: Combined Solicitation/Synopsis Solicitation Number: 36C25622Q1381 Posted Date: September 21, 2022 Questions Due Date: N/A Response Due Date: September 28, 2022 / 11:00AM (CST) Product/Service Code: 6630 Set Aside: Sole-Source NAICS Code: 334516 Size Standard: 1000 employees Point of Contact: Kristi Riley – Email: Kristi.riley@va.gov

Contracting Office Address:

Department of Veterans Affairs Network Contracting Office 16 Galleria Financial Center 5075 Westheimer Rd., Ste. 750 Houston, TX 77056

Description

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, “Streamlined Procedures for Evaluation and Solicitation for Commercial Items,” in conjunction with FAR Part 13.5 for Certain Commercial Items, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation;

a quote is being requested, and a written solicitation document will not be issued.

This solicitation is issued as a Request for Quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2022-07, 8-10-2022. This solicitation is being issued as a Sole Source to a Large Business.

The associated North American Industrial Classification System (NAICS) code for this procurement is 334516, with a size standard of 1000 employees.

The FSC/PSC is 6630.

Contractor is required to be actively registered in the System for Award Management (SAM). Vendor quote may be considered non-compliant and rejected if the Contracting Officer is unable to verify active registration status. The Department of Veterans Affairs (VA), Michael E. DeBakey VA Medical Center (MEDVAMC) Microbiology Department mailto:Kristi.riley@va.gov located at 2002 Holcombe Blvd., Houston, TX 77030 is seeking to purchase Roche Cobas 6800 System reagents and supplies. The facility owns a proprietary Roche Cobas 6800 System which is a highly interactive, fully automated system that enhances safety in Microbiology and establishes critical efficiencies.

See B.2 Price/Cost Schedule / B.3 Statement of Work (SOW) pgs. 4 through 15 of this document for details of the Government’s requirement.

(End of Provision)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR: Company Name: _____________________ Address: _____________________

POC: ____________________

Phone#: ___________________________ Email: _____________________

UEI: ____________________

Tax ID#: _____________________

b. GOVERNMENT: Contracting Officer 36C256 Department of Veterans Affairs Network Contracting Office 16 5075 Westheimer Road, Suite 750 Houston, TX 77056-5643

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or [] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Upon receipt and acceptance by the Government

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

5. ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

AMENDMENT NO DATE

N/A N/A

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBE

R

DESCRIPTION OF

SUPPLIES/SERVI

CES

QUANTI

TY

UNI

T UNIT PRICE AMOUNT

0001 14.00 KT _______________ _______________

6800/8800 HCV 192T IVD

Contract Period: Base POP Begin: 12-15-2022 POP End: 12-14-2023 PRINCIPAL NAICS CODE: 334516 - Analytical Laboratory Instrument Manufacturing PRODUCT/SERVICE CODE: 6630 - Chemical Analysis Instruments

MANUFACTURER PART NUMBER (MPN): 9040765190

0002 20.00 KT _______________ _______________

cobas SARS-CoV-2 480 tests/kit Contract Period: Base POP Begin: 12-15-2022 POP End: 12-14-2023 PRINCIPAL NAICS CODE: 334516 - Analytical Laboratory Instrument Manufacturing PRODUCT/SERVICE CODE: 6630 - Chemical Analysis Instruments

MANUFACTURER PART NUMBER (MPN): 9343733190

0003 5.00 KT _______________ _______________

cobas SARS-CoV-2 Control Kit Contract Period: Base POP Begin: 12-15-2022 POP End: 12-14-2023 PRINCIPAL NAICS CODE: 334516 - Analytical Laboratory Instrument Manufacturing PRODUCT/SERVICE CODE: 6630 - Chemical Analysis Instruments

MANUFACTURER PART NUMBER (MPN): 9175440190

0004 5.00 KT _______________ _______________

cobas 6800/8800 CMV 192T IVD Contract Period: Base POP Begin: 12-15-2022 POP End: 12-14-2023 PRINCIPAL NAICS CODE: 334516 - Analytical Laboratory Instrument Manufacturing PRODUCT/SERVICE CODE: 6630 - Chemical Analysis Instruments

MANUFACTURER PART NUMBER (MPN): 9040897190

0005 7.00 EA _______________ _______________

cobas 6800/8800 CMV RMC IVD Contract Period: Base POP Begin: 12-15-2022 POP End: 12-14-2023 PRINCIPAL NAICS CODE: 334516 - Analytical Laboratory Instrument Manufacturing PRODUCT/SERVICE CODE: 6630 - Chemical Analysis Instruments

MANUFACTURER PART NUMBER (MPN): 9040919190

0006 20.00 EA _______________ _______________

cobas 6800/8800 HBV/HCV/HIV RMC IVD Contract Period: Base POP Begin: 12-15-2022 POP End: 12-14-2023 PRINCIPAL NAICS CODE: 334516 - Analytical Laboratory Instrument Manufacturing PRODUCT/SERVICE CODE: 6630 - Chemical Analysis Instruments

MANUFACTURER PART NUMBER (MPN): 9040773190

0007 10.00 KT _______________ _______________

cobas 6800/8800 HIV 192T IVD Contract Period: Base POP Begin: 12-15-2022 POP End: 12-14-2023 PRINCIPAL NAICS CODE: 334516 - Analytical Laboratory Instrument Manufacturing PRODUCT/SERVICE CODE: 6630 - Chemical Analysis Instruments

MANUFACTURER PART NUMBER (MPN): 9040803190

0008 20.00 EA _______________ _______________

cobas 6800/8800 NHP NEG RMC IVD Contract Period: Base POP Begin: 12-15-2022 POP End: 12-14-2023 PRINCIPAL NAICS CODE: 334516 - Analytical Laboratory Instrument Manufacturing PRODUCT/SERVICE CODE: 6630 - Chemical Analysis Instruments

MANUFACTURER PART NUMBER (MPN): 9051554190

0009 7.00 KT _______________ _______________

cobas 6800/8800 UTIL CHAN 192T IVD Contract Period: Base POP Begin: 12-15-2022 POP End: 12-14-2023 PRINCIPAL NAICS CODE: 334516 - Analytical Laboratory Instrument Manufacturing PRODUCT/SERVICE CODE: 6630 - Chemical Analysis Instruments

MANUFACTURER PART NUMBER (MPN): 9052011190

0010 7.00 KT _______________ _______________

Cobas omni Amplification Plate Contract Period: Base POP Begin: 12-15-2022 POP End: 12-14-2023 PRINCIPAL NAICS CODE: 334516 - Analytical Laboratory Instrument Manufacturing PRODUCT/SERVICE CODE: 6630 - Chemical Analysis Instruments

MANUFACTURER PART NUMBER (MPN): 5534941001

0011 35.00 KT _______________ _______________

cobas omni Pipette Tips Contract Period: Base POP Begin: 12-15-2022 POP End: 12-14-2023 PRINCIPAL NAICS CODE: 334516 - Analytical Laboratory Instrument Manufacturing PRODUCT/SERVICE CODE: 6630 - Chemical Analysis Instruments

MANUFACTURER PART NUMBER (MPN): 5534925001

0012 14.00 KT _______________ _______________

cobas omni Processing Plate Contract Period: Base POP Begin: 12-15-2022 POP End: 12-14-2023 PRINCIPAL NAICS CODE: 334516 - Analytical Laboratory Instrument Manufacturing PRODUCT/SERVICE CODE: 6630 - Chemical Analysis Instruments

MANUFACTURER PART NUMBER (MPN): 5534917001

0013 20.00 EA _______________ _______________

KIT COBAS 6800/8800 BUFF NEG RMC IVD

Contract Period: Base POP Begin: 12-15-2022 POP End: 12-14-2023 PRINCIPAL NAICS CODE: 334516 - Analytical Laboratory

Instrument Manufacturing PRODUCT/SERVICE CODE: 6630 - Chemical Analysis Instruments

MANUFACTURER PART NUMBER (MPN): 7002238190

0014 1.00 EA _______________ _______________

KIT COBAS 6800/8800 CT/NG RMC IVD

Contract Period: Base POP Begin: 12-15-2022 POP End: 12-14-2023 PRINCIPAL NAICS CODE: 334516 - Analytical Laboratory Instrument Manufacturing PRODUCT/SERVICE CODE: 6630 - Chemical Analysis Instruments

MANUFACTURER PART NUMBER (MPN): 7460082190

0015 4.00 KT _______________ _______________

KIT COBAS 6800/8800 HPV 480T IVD (480 Tests/Kit) Contract Period: Base POP Begin: 12-15-2022 POP End: 12-14-2023 PRINCIPAL NAICS CODE: 334516 - Analytical Laboratory Instrument Manufacturing PRODUCT/SERVICE CODE: 6630 - Chemical Analysis Instruments

MANUFACTURER PART NUMBER (MPN): 7460155190

0016 1.00 EA _______________ _______________

KIT COBAS 6800/8800 HPV RMC IVD

Contract Period: Base POP Begin: 12-15-2022 POP End: 12-14-2023 PRINCIPAL NAICS CODE: 334516 - Analytical Laboratory Instrument Manufacturing PRODUCT/SERVICE CODE: 6630 - Chemical Analysis Instruments

MANUFACTURER PART NUMBER (MPN): 7460171190

0017 26.00 KT _______________ _______________

KIT COBAS 6800/8800 LYS REAGENT IVD

Contract Period: Base POP Begin: 12-15-2022 POP End: 12-14-2023 PRINCIPAL NAICS CODE: 334516 - Analytical Laboratory Instrument Manufacturing PRODUCT/SERVICE CODE: 6630 - Chemical Analysis

MANUFACTURER PART NUMBER (MPN): 6997538190

0018 19.00 KT _______________ _______________

KIT COBAS 6800/8800 MGP IVD

Contract Period: Base POP Begin: 12-15-2022 POP End: 12-14-2023 PRINCIPAL NAICS CODE: 334516 - Analytical Laboratory Instrument Manufacturing PRODUCT/SERVICE CODE: 6630 - Chemical Analysis Instruments

MANUFACTURER PART NUMBER (MPN): 6997546190

0019 20.00 KT _______________ _______________

KIT COBAS 6800/8800 SPEC DIL REAGENT IVD

Contract Period: Base POP Begin: 12-15-2022 POP End: 12-14-2023 PRINCIPAL NAICS CODE: 334516 - Analytical Laboratory Instrument Manufacturing PRODUCT/SERVICE CODE: 6630 - Chemical Analysis Instruments

MANUFACTURER PART NUMBER (MPN): 6997511190

0020 40.00 KT _______________ _______________

KIT COBAS 6800/8800 WASH IVD

Contract Period: Base POP Begin: 12-15-2022 POP End: 12-14-2023 PRINCIPAL NAICS CODE: 334516 - Analytical Laboratory Instrument Manufacturing PRODUCT/SERVICE CODE: 6630 - Chemical Analysis Instruments

MANUFACTURER PART NUMBER (MPN): 6997503190

0021 2.00 KT _______________ _______________

KIT COBAS PCR MEDIA DUAL SWB 100 PKT IVD

Contract Period: Base POP Begin: 12-15-2022 POP End: 12-14-2023 PRINCIPAL NAICS CODE: 334516 - Analytical Laboratory Instrument Manufacturing PRODUCT/SERVICE CODE: 6630 - Chemical Analysis Instruments

MANUFACTURER PART NUMBER (MPN): 7958021190

0022 2.00 KT _______________ _______________

KIT COBAS PCR MEDIA SECONDARY TUBE

Contract Period: Base POP Begin: 12-15-2022

POP End: 12-14-2023 PRINCIPAL NAICS CODE: 334516 - Analytical Laboratory Instrument Manufacturing PRODUCT/SERVICE CODE: 6630 - Chemical Analysis Instruments

MANUFACTURER PART NUMBER (MPN): 7958048190

0023 2.00 KT _______________ _______________

KIT COBAS PCR MEDIA TUBE REPLACEMENT CAP

Contract Period: Base POP Begin: 12-15-2022 POP End: 12-14-2023 PRINCIPAL NAICS CODE: 334516 - Analytical Laboratory Instrument Manufacturing PRODUCT/SERVICE CODE: 6630 - Chemical Analysis Instruments

MANUFACTURER PART NUMBER (MPN): 7958056190

0024 2.00 KT _______________ _______________

KIT COBAS PCR MEDIA UNI SWB 100 PKT IVD

Contract Period: Base POP Begin: 12-15-2022 POP End: 12-14-2023 PRINCIPAL NAICS CODE: 334516 - Analytical Laboratory Instrument Manufacturing PRODUCT/SERVICE CODE: 6630 - Chemical Analysis Instruments

MANUFACTURER PART NUMBER (MPN): 7958030190

0025 2.00 KT _______________ _______________

KIT COBAS PCR URINE 100 PKT IVD

Contract Period: Base POP Begin: 12-15-2022 POP End: 12-14-2023 PRINCIPAL NAICS CODE: 334516 - Analytical Laboratory Instrument Manufacturing PRODUCT/SERVICE CODE: 6630 - Chemical Analysis Instruments

MANUFACTURER PART NUMBER (MPN): 5170486190

0026 1.00 EA _______________ _______________

KIT COBAS PCR MEDIA DISPOSABLE TUBE STND (To be Ordered as Needed) Contract Period: Base POP Begin: 12-15-2022 POP End: 12-14-2023 PRINCIPAL NAICS CODE: 334516 - Analytical Laboratory Instrument Manufacturing

Instruments

MANUFACTURER PART NUMBER (MPN): 7958064190

0027 1.00 EA _______________ _______________

75 pos. Roche/Hitachi Racktray IM (To be Ordered as Needed) Contract Period: Base POP Begin: 12-15-2022 POP End: 12-14-2023 PRINCIPAL NAICS CODE: 334516 - Analytical Laboratory Instrument Manufacturing PRODUCT/SERVICE CODE: 6630 - Chemical Analysis Instruments

MANUFACTURER PART NUMBER (MPN): 11906984001

0028 1.00 EA _______________ _______________

Cable Power US/J SSM/IG L10000 (To be Ordered as Needed) Contract Period: Base POP Begin: 12-15-2022 POP End: 12-14-2023 PRINCIPAL NAICS CODE: 334516 - Analytical Laboratory Instrument Manufacturing PRODUCT/SERVICE CODE: 6630 - Chemical Analysis Instruments

MANUFACTURER PART NUMBER (MPN): 7354126001

0029 3.00 EA _______________ _______________

cobas omni Secondary Tubes 13x75 (To be Ordered as Needed) Contract Period: Base POP Begin: 12-15-2022 POP End: 12-14-2023 PRINCIPAL NAICS CODE: 334516 - Analytical Laboratory Instrument Manufacturing PRODUCT/SERVICE CODE: 6630 - Chemical Analysis Instruments

MANUFACTURER PART NUMBER (MPN): 6438776001

0030 1.00 EA _______________ _______________

Container Liquid Waste Set of 3 (To be Ordered as Needed)

POP Begin: 12-15-2022 POP End: 12-14-2023 PRINCIPAL NAICS CODE: 334516 - Analytical Laboratory Instrument Manufacturing

MANUFACTURER PART NUMBER (MPN): 7094388001

0031 1.00 EA _______________ _______________

Container Solid Waste (To be Ordered as Needed) Contract Period: Base POP Begin: 12-15-2022 POP End: 12-14-2023 PRINCIPAL NAICS CODE: 334516 - Analytical Laboratory Instrument Manufacturing PRODUCT/SERVICE CODE: 6630 - Chemical Analysis Instruments

MANUFACTURER PART NUMBER (MPN): 7094361001

0032 1.00 EA _______________ _______________

IG server set (To be Ordered as Needed) Contract Period: Base POP Begin: 12-15-2022 POP End: 12-14-2023 PRINCIPAL NAICS CODE: 334516 - Analytical Laboratory Instrument Manufacturing PRODUCT/SERVICE CODE: 6630 - Chemical Analysis Instruments

MANUFACTURER PART NUMBER (MPN): 6349595001

0033 1.00 EA _______________ _______________

New HHT 75 Position Tray (To be Ordered as Needed) Contract Period: Base POP Begin: 12-15-2022 POP End: 12-14-2023 PRINCIPAL NAICS CODE: 334516 - Analytical Laboratory Instrument Manufacturing PRODUCT/SERVICE CODE: 6630 - Chemical Analysis Instruments

MANUFACTURER PART NUMBER (MPN): 4917057001

0034 1.00 EA _______________ _______________

RACK TRAY, 75 POS. COLLAPSIBLE, RDR (To be Ordered as Needed) Contract Period: Base POP Begin: 12-15-2022 POP End: 12-14-2023 PRINCIPAL NAICS CODE: 334516 - Analytical Laboratory Instrument Manufacturing PRODUCT/SERVICE CODE: 6630 - Chemical Analysis Instruments

MANUFACTURER PART NUMBER (MPN): 11909797001

0035 1.00 EA _______________ _______________

Sample Supply Module (To be Ordered as Needed) Contract Period: Base POP Begin: 12-15-2022 POP End: 12-14-2023 PRINCIPAL NAICS CODE: 334516 - Analytical Laboratory Instrument Manufacturing PRODUCT/SERVICE CODE: 6630 - Chemical Analysis Instruments

MANUFACTURER PART NUMBER (MPN): 6301037001

0036 3.00 EA _______________ _______________

Solid Waste Bag With Insert Set of 20 (To be Ordered as Needed) Contract Period: Base POP Begin: 12-15-2022 POP End: 12-14-2023 PRINCIPAL NAICS CODE: 334516 - Analytical Laboratory Instrument Manufacturing PRODUCT/SERVICE CODE: 6630 - Chemical Analysis Instruments

MANUFACTURER PART NUMBER (MPN): 8030073001

0037 1.00 EA _______________ _______________

STD-RACK, RE-RUN R001-R025 PINK (To be Ordered as Needed) Contract Period: Base POP Begin: 12-15-2022 POP End: 12-14-2023 PRINCIPAL NAICS CODE: 334516 - Analytical Laboratory Instrument Manufacturing PRODUCT/SERVICE CODE: 6630 - Chemical Analysis Instruments

MANUFACTURER PART NUMBER (MPN): 12025639001

0038 1.00 YR _______________ _______________

Classic Service Plan (Service Price & Payment included with Reagents Price) Contract Period: Base POP Begin: 12-15-2022 POP End: 12-14-2023 PRINCIPAL NAICS CODE: 334516 - Analytical Laboratory Instrument Manufacturing PRODUCT/SERVICE CODE: 6630 - Chemical Analysis Instruments

MANUFACTURER PART NUMBER (MPN): N/A

0039 1.00 EA _______________ _______________

Direct Connect consulting fee

POP Begin: 12-15-2022 POP End: 12-14-2023 PRINCIPAL NAICS CODE: 334516 - Analytical Laboratory Instrument Manufacturing PRODUCT/SERVICE CODE: 6630 - Chemical Analysis Instruments

MANUFACTURER PART NUMBER (MPN): N/A

GRAND TOTAL _______________

B.3 STATEMENT OF WORK

A. PURPOSE

The Michael E. DeBakey Veterans Affairs Medical Center (MEDVAMC) requires a contract for various types of Roche Cobas 6800 System reagents and supplies. The Microbiology Department owns a Roche Cobas 6800 System. This instrument is proprietary in nature and only Roche Diagnostics Corporation can provide the required reagents and supplies. The Roche Cobas 6800 System is a highly interactive fully automated system. This system enhances safety in Microbiology and establishes critical efficiencies.

B. QUANTITY

The Contractor shall provide all listed consumables, products and reagents shown below. Items will be ordered on an as needed basis by authorized personnel in Microbiology in order to support the Microbiology Laboratory testing for the MEDVAMC.

Item/Stock # Description/Part Number Qty. Unit

9040765190 6800/8800 HCV 192T IVD 14 KT

9343733190 cobas SARS-CoV-2 480 tests/kit 20 KT 9175440190 cobas SARS-CoV-2 Control Kit 5 KT 9040897190 cobas 6800/8800 CMV 192T IVD 5 KT 9040919190 cobas 6800/8800 CMV RMC IVD 7 EA 9040773190 cobas 6800/8800 HBV/HCV/HIV RMC IVD 20 EA 9040803190 cobas 6800/8800 HIV 192T IVD 10 KT 9051554190 cobas 6800/8800 NHP NEG RMC IVD 20 EA 9052011190 cobas 6800/8800 UTIL CHAN 192T IVD 7 KT 5534941001 Cobas omni Amplification Plate 7 KT 5534925001 cobas omni Pipette Tips 35 KT 5534917001 cobas omni Processing Plate 14 KT

7002238190 KIT COBAS 6800/8800 BUFF NEG RMC IVD 20 EA

7460082190 KIT COBAS 6800/8800 CT/NG RMC IVD 1 EA

7460155190 KIT COBAS 6800/8800 HPV 480T IVD (480 Tests/Kit) 4 KT

7460171190 KIT COBAS 6800/8800 HPV RMC IVD 1 EA

6997538190 KIT COBAS 6800/8800 LYS REAGENT IVD 26 KT

6997546190 KIT COBAS 6800/8800 MGP IVD 19 KT

6997511190 KIT COBAS 6800/8800 SPEC DIL REAGENT IVD 20 KT

6997503190 KIT COBAS 6800/8800 WASH IVD 40 KT

7958021190 KIT COBAS PCR MEDIA DUAL SWB 100 PKT IVD 2 KT

7958048190 KIT COBAS PCR MEDIA SECONDARY TUBE 2 KT

7958056190 KIT COBAS PCR MEDIA TUBE REPLACEMENT CAP 2 KT

7958030190 KIT COBAS PCR MEDIA UNI SWB 100 PKT IVD 2 KT

5170486190 KIT COBAS PCR URINE 100 PKT IVD 2 KT

7958064190 KIT COBAS PCR MEDIA DISPOSABLE TUBE STND (To be Ordered as Needed) 1 EA

11906984001 75 pos. Roche/Hitachi Racktray IM (To be Ordered as Needed) 1 EA 7354126001 Cable Power US/J SSM/IG L10000 (To be Ordered as Needed) 1 EA 6438776001 cobas omni Secondary Tubes 13x75 (To be Ordered as Needed) 3 EA 7094388001 Container Liquid Waste Set of 3 (To be Ordered as Needed) 1 EA 7094361001 Container Solid Waste (To be Ordered as Needed) 1 EA 6349595001 IG server set (To be Ordered as Needed) 1 EA 4917057001 New HHT 75 Position Tray (To be Ordered as Needed) 1 EA 11909797001 RACK TRAY, 75 POS. COLLAPSIBLE, RDR (To be Ordered as Needed) 1 EA 6301037001 Sample Supply Module (To be Ordered as Needed) 1 EA 8030073001 Solid Waste Bag With Insert Set of 20 (To be Ordered as Needed) 3 EA 12025639001 STD-RACK, RE-RUN R001-R025 PINK (To be Ordered as Needed) 1 EA

N/A Classic Service Plan (Service Price & Payment included with Reagents Price) 1 YR

N/A Direct Connect consulting fee 1 EA

C. SALIENT CHARACTERISTICS

The supplies, reagents and service will be delivered according to projected monthly usage and on an as needed basis; with orders being called in by authorized Microbiology personnel.

D. DELIVERY LOCATION

Michael E. DeBakey VA Medical Center 3rd Floor, Microbiology, 3A-210 2002 Holcombe Blvd Houston, TX 77030

E. INVOICING/BILLING REQUIREMENTS

The contractor shall submit invoices monthly in arrears covering the supply allocations delivered under this contract. The Contractor shall provide an itemized invoice to the required VA invoicing address or submission online through the appropriate website within 30 days of the end of each month that supply allocations were delivered. Invoices for allocations provided in the month of September must be received for certification no later than October 30th. The invoices shall contain the following information at a minimum:

Contract Number Item Description Purchase Order Number Quantity Stock Number Price

SECTION C - CONTRACT CLAUSES

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more 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/these address(es):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

(End of Clause)

FAR Number Title Date

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND

REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER

RIGHTS

JUN 2020

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER

FIBER CONTENT PAPER

MAY 2011

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

NOV 2021

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

MAY 2022

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY

2022) (JUL 2020) (DEVIATION)

MAY 2022

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS

NOV 2021

C.2 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

(a) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The following provisions and clauses that have been checked by the Contracting Officer are incorporated by reference.

[X] 852.203–70, Commercial Advertising.

[] 852.209–70, Organizational Conflicts of Interest.

[] 852.211–70, Equipment Operation and Maintenance Manuals.

[] 852.214–71, Restrictions on Alternate Item(s).

[] 852.214–72, Alternate Item(s). [Note: this is a fillable clause.]

[] 852.214–73, Alternate Packaging and Packing.

[] 852.214–74, Marking of Bid Samples.

[] 852.215–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors.

[] 852.215–71, Evaluation Factor Commitments.

[] 852.216–71, Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–72, Proportional Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–73, Economic Price Adjustment—State Nursing Home Care for Veterans.

[] 852.216–74, Economic Price Adjustment—Medicaid Labor Rates.

[] 852.216–75, Economic Price Adjustment—Fuel Surcharge.

[] 852.219–9, VA Small Business Subcontracting Plan Minimum Requirements.

[] 852.219–10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside.

[] 852.219–11, VA Notice of Total Veteran-Owned Small Business Set-Aside.

[] 852.222–70, Contract Work Hours and Safety Standards—Nursing Home Care for Veterans.

[] 852.228–70, Bond Premium Adjustment.

[] 852.228–71, Indemnification and Insurance.

[] 852.228–72, Assisting Service-Disabled Veteran-Owned and Veteran-Owned Small Businesses in Obtaining Bonds.

[X] 852.232–72, Electronic Submission of Payment Requests.

[X] 852.233–70, Protest Content/Alternative Dispute Resolution.

[X] 852.233–71, Alternate Protest Procedure.

[] 852.237–70, Indemnification and Medical Liability Insurance.

[X] 852.246–71, Rejected Goods.

[] 852.246–72, Frozen Processed Foods.

[X] 852.246–73, Noncompliance with Packaging, Packing, and/or Marking Requirements.

[] 852.270–1, Representatives of Contracting Officers.

[] 852.271–72, Time Spent by Counselee in Counseling Process.

[] 852.271–73, Use and Publication of Counseling Results.

[] 852.271–74, Inspection.

[] 852.271–75, Extension of Contract Period.

[] 852.273–70, Late Offers.

[] 852.273–71, Alternative Negotiation Techniques.

[] 852.273–72, Alternative Evaluation.

[] 852.273–73, Evaluation—Health-Care Resources.

[] 852.273–74, Award without Exchanges.

(b) All requests for quotations, solicitations, and contracts for commercial item services to be provided to beneficiaries must include the following clause:

[] 852.237–74, Nondiscrimination in Service Delivery.

(End of Clause)

C.3 VAAR 852.219-78 VA NOTICE OF LIMITATIONS ON

SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND

PRODUCTS (SEP 2021) (DEVIATION)

(a) Pursuant to 38 U.S.C. 8127(k)(2), the offeror certifies that—

(1) If awarded a contract (see F(a)FAR 2.101 definition), it will comply with the limitations on subcontracting requirement as provided in the solicitation and the resultant contract, as follows:

[Offeror check the appropriate box]

(i) [ ] In the case of a contract for supplies or products (other than from a non-manufacturer of such supplies), it will not pay more than 50% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in 852.219-10 or VOSBs as set forth in 852.219-11. Any work that a similarly situated VIP-listed subcontractor further subcontracts will count towards the 50% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(ii) [ ] In the case of a contract for supplies from a nonmanufacturer, it will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13 CFR 121.406(b)(5) is granted. The offeror understands that, as provided in 13 CFR 121.406(b)(7), such a waiver has no effect on requirements external to the Small Business Act, such as the Buy American Act or the Trade Agreements Act.

(2) Manufacturer or nonmanufacturer representation and certification. [Offeror fill-in—check each applicable box below. The offeror must select the applicable provision below, identifying itself as either a manufacturer or nonmanufacturer]:

(i) [ ] Manufacturer or producer. The offeror certifies that it is the manufacturer or producer of the end item being procured, and the end item is manufactured or produced in the United States, in accordance with paragraph (a)(1)(i).

(ii) [ ] Nonmanufacturer. The offeror certifies that it qualifies as a nonmanufacturer in accordance with the requirements of 13 CFR 121.406(b) and paragraph (a)(1)(ii). The offeror further certifies it meets each element below as required to qualify as a nonmanufacturer.

[Offeror fill-in—check each box below.]

[ ] The offeror certifies that it does not exceed 500 employees (or 150 employees for the Information Technology Value Added Reseller exception to NAICS code 541519, which is found at 13 CFR 121.201, footnote 18).

[ ] The offeror certifies that it is primarily engaged in the retail or wholesale trade and normally sells the type of item being supplied.

[ ] The offeror certifies that it will take ownership or possession of the item(s) with its personnel, equipment, or facilities in a manner consistent with industry practice.

(iii) [X ] The offeror certifies that it will supply the end item of a small business manufacturer, processor, or producer made in the United States, unless a waiver as provided in 13 CFR 121.406(b)(5) has been issued by SBA.

(3) The offeror acknowledges that this certification concerns a matter within the jurisdiction of an Agency of the United States. The offeror further acknowledges that this certification is subject to Title 18, United States Code, Section 1001, and, as such, a false, fictitious, or fraudulent certification may render the offeror subject to criminal, civil, or administrative penalties, including prosecution.

(4) If VA determines that an SDVOSB/VOSB awarded a contract pursuant to 38 U.S.C. 8127 did not act in good faith, such SDVOSB/VOSB shall be subject to any or all of the following:

(i) Referral to the VA Suspension and Debarment Committee;

(ii) A fine under section 16(g)(1) of the Small Business Act (15 U.S.C. 645(g)(1)); and

(iii) Prosecution for violating section 1001 of title 18.

(b) The offeror represents and understands that by submission of its offer and award of a contract it may be required to provide copies of documents or records to VA that VA may review to determine whether the offeror complied with the limitations on subcontracting requirement specified in the contract or to determine whether the offeror qualifies as a manufacturer or nonmanufacturer in compliance with the limitations on subcontracting requirement. Contracting Officer may, at their discretion, require the Contractor to demonstrate its compliance with the limitations on subcontracting at any time during performance and upon completion of a contract if the information regarding such compliance is not already available to the Contracting Officer.

Evidence of compliance includes, but is not limited to, invoices, copies of subcontracts, or a list of the value of tasks performed.

(c) The offeror further agrees to cooperate fully and make available any documents or records as may be required to enable VA to determine compliance. The offeror understands that failure to provide documents as requested by VA may result in remedial action as the Government deems appropriate.

(d) Offeror completed certification/fill-in required. The formal certification must be completed, signed, and returned with the offeror’s bid, quotation, or proposal. The Government will not consider offers for award from offerors that do not provide the certification, and all such responses will be deemed ineligible for evaluation and award.

Certification:

I hereby certify that if awarded the contract, [insert name of offeror] qualifies as a manufacturer or nonmanufacturer as stated herein and that if awarded the contract, [insert name of offeror] will comply with the limitations on subcontracting requirement specified in the resultant contract, unless a waiver as described in 13 CFR 121.406(b)(5) is granted. I further certify that I am authorized to execute this certification on behalf of [insert name of offeror].

Printed Name of Signee:________________________________________

Printed Title of Signee:_________________________________________

Signature:___________________________________________________

Date:_____________________

Company Name and Address: ________________________________________

(End of Clause)

C.4 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT

2020) The Contracting Officer reserves the right to designate an Administrative Contracting Officer (ACO) for the purpose of performing certain tasks/duties in the administration of the contract.

Such designation will be in writing through an ACO Letter of Delegation and will identify the responsibilities and limitations of the ACO. A copy of the ACO Letter of Delegation will be furnished to the Contractor.

(End of Clause)

C.5 VAAR 852.247-71 DELIVERY LOCATION (OCT 2018)

Shipment of deliverable items, other than reports, shall be to:

Department of Veterans Affairs Michael E. DeBakey VA Medical Center Receiving Warehouse Building 100

2002 Holcombe BLVD Houston, TX 77030-4298

(End of Clause)

C.6 VAAR 852.247-72 MARKING DELIVERABLES (OCT 2018)

(a) The contract number shall be placed on or adjacent to all exterior mailing or shipping labels of deliverable items called for by the contract.

(b) Mark deliverables, except reports, for: Peter Basten

(End of Clause)

C.7 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)

Material shall be packed for shipment in such a manner that will insure acceptance by common carriers and safe delivery at destination. Containers and closures shall comply with regulations of carriers as applicable to the mode of transportation.

(End of Clause)

(End of Addendum to 52.212-4)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR

ATTACHMENTS

Not applicable

SECTION E - SOLICITATION PROVISIONS

ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES

Provisions that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following provisions are incorporated into 52.212-1 as an addendum to this solicitation:

E.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY

REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

FAR Number Title Date

52.204-7 SYSTEM FOR AWARD MANAGEMENT OCT 2018

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING AUG 2020

52.211-6 BRAND NAME OR EQUAL AUG 1999

52.214-21 DESCRIPTIVE LITERATURE APR 2002

52.229-11 TAX ON CERTAIN FOREIGN PROCUREMENTS—NOTICE AND

REPRESENTATION

JUN 2020

E.2 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (NOV 2021)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees if the acquisition—

(1) Is set aside for small business and has a value above the simplified acquisition threshold;

(2) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(3) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show—

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at Federal Acquisition Regulation (FAR) 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with FAR subpart 4.10), or alternative commercial products or commercial services for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers.

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and—

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation.

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

GSA Federal Supply Service Specifications Section

Suite 8100 470 East L'Enfant Plaza, SW

Washington, DC 20407

Telephone (202) 619-8925

Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

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

(i) ASSIST (https://assist.dla.mil/online/start/);

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

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

(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or https://assist.dla.mil/online/start/ http://quicksearch.dla.mil/ https://assist.dla.mil/wizard/index.cfm

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

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

(j) Unique entity identifier. (Applies to all offers that exceed the micro-purchase threshold, and offers at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation ‘‘Unique Entity Identifier’’ followed by the unique entity identifier that identifies the Offeror’s name and address.

The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) [Reserved]

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

(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial products, the make and model of the product to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of Provision) https://www.sam.gov/SAM/ https://www.sam.gov/SAM/

E.3 52.204-24 REPRESENTATION REGARDING CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT (NOV 2021)

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

(a) Definitions. As used in this provision—

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

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

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

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115–232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

Nothing in the prohibition shall be construed to—

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

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

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

(d) Representations. The Offeror represents that—

(1) It [ ] will, [ ] 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…