Sol_1305M325Q0243.pdf
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- Attached to
- Hydrogen Purchase/Delivery to Grand Junction, CO
- Solicitation number
- 1305M325Q0243
About this file
This is a Combined Synopsis/Solicitation for the purchase and delivery of hydrogen gas to the National Weather Service (NWS) Weather Forecast Office in Grand Junction, Colorado. The solicitation is a total Small Business Set-Aside with NAICS code 325120 and a small business size standard of 1,200 employees. The contract includes a base period and two 12-month option periods for hydrogen gas supply, with specific requirements including maintaining four 6-packs of hydrogen cylinders on-site at all times and delivering two additional 6-packs upon request.
The NWS requires hydrogen for launching weather balloons twice daily, with each balloon using approximately 0.00491 cubic feet of hydrogen. The total hydrogen requirement ranges from 1,500 to 3,000 cubic feet, with weekly deliveries of 1,050-1,300 cubic feet. Delivery will be to 2844 Aviators Way, Grand Junction, CO 81506. The government intends to award a low-priced, technically acceptable single firm fixed-price purchase order with Net 30 payment terms. Quotes are due by 12:00 PM MST/MDT on 08/25/2025 and must be submitted electronically to Diana Romero via email, with pricing to include the hydrogen 6-pack cost, rental fee, and delivery charge.
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COMBINED SYNOPSIS/SOLICITATION
Purchase and Delivery of Hydrogen Gas to the National Weather Service (NWS), Grand Junction Colorado, Weather Forecast Office (WFO)
(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice and in accordance with the simplified acquisition procedures authorized in FAR Part 13.
This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.
(ii) This solicitation is issued as a request for quotation (RFQ). Submit written quotes on RFQ Number 1305M325Q0243.
(iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2025-05 (Aug 2025) (Deviation 2025-07) (May 2025).
(iv) This solicitation is being issued as a total Small Business Set-Aside. The associated NAICS code is 325120. The small business size standard is 1,200 employees.
(v) This combined solicitation/synopsis is for purchase of the following commercial item(s):
CLIN 0001 Base Period Purchase and delivery of hydrogen gas in accordance with the Statement of Need. Period of Performance Date of Award for 12 months.
Provide unit pricing for the below:
Hydrogen 6-packs on wheels in accordance with the specifications Four 6-packs are to be on site at all times
Delivery of two 6-packs upon request.
Contractor shall be paid for actual usage.
Hydrogen 6-packs $_______ per hydrogen 6-pack Rental fee per 6-pack $______ per day Delivery charge $_______ per delivery estimated 19 deliveries per year
CLIN 1001 Option Period 1 Purchase and delivery of hydrogen gas in accordance with the Statement of Need. Period of Performance for 12 months.
Provide unit pricing for the below:
Hydrogen 6-packs on wheels in accordance with the specifications Four 6-packs are to be on site at all times
Delivery of two 6-packs upon request.
Contractor shall be paid for actual usage.
Hydrogen 6-packs $_______ per hydrogen 6-pack Rental fee per 6-pack $______ per day Delivery charge $_______ per delivery estimated 19 deliveries per year
CLIN 2001 Option Period 2 Purchase and delivery of hydrogen gas in accordance with the Statement of Need. Period of Performance for 12 months.
Provide unit pricing for the below:
Hydrogen 6-packs on wheels in accordance with the specifications Four 6-packs are to be on site at all times
Delivery of two 6-packs upon request.
Contractor shall be paid for actual usage.
Hydrogen 6-packs $_______ per hydrogen 6-pack Rental fee per 6-pack $______ per day Delivery charge $_______ per delivery estimated 19 deliveries per year
Estimated aggregate total for all years: _________________
(vi) Description of requirements is as follows:
See attached Statement of Need which applies to Base Period and all Option Periods 1 – 2
INVOICES TO BE BILLED MONTHLY IN ARREARS. QUOTE PRICING MAY BE
PROVIDED ON ATTACHED SF18 FORM OR ON COMPANY LETTERHEAD.
(vii) Date(s) and place(s) of delivery and acceptance:
Delivery schedule shall be:
Base Year date of award for a twelve month period Option Period 1 for a twelve month period Option Period 2 for a twelve month period
Delivery shall be FOB Origin to:
National Weather Service 2844 Aviators Way Grand Junction, Colorado 81506
(viii) FAR provision 52.212-1, Instructions to Offerors-Commercial Products and Commercial Services (Sept 2023), applies to this acquisition and can be found on the Request for Quote form
SF18 attachment.
(ix) FAR provision 52.212-2, Evaluation-Commercial Products and Commercial Services (Nov 2021), applies to this acquisition and can be found on the Request for Quote form SF18 attachment.
(x) FAR provision 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services (May 2024) (Deviation 2025-02) (Deviation 2025-03) (Feb 2025), applies to this acquisition and can be found on the Request for Quote form SF18 attachment.
Offerors are advised to include a completed copy of the provision with its offer, unless the offeror’s Reps & Certs section on SAM.gov is accurate and current.
Per Deviation 2025-02/03: System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in agency solicitations, including 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals—Representation, and paragraph (t) of 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services. Examples include 52.222-25, Affirmative Action Compliance, and paragraph (d) of 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services. Contracting officers will not consider these representations when making award decisions or enforce requirements. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.
(xi) FAR clause at 52.212-4, Contract Terms and Conditions-Commercial Products and Commercial Services (Nov 2023), applies to this acquisition and can be found on the Request for Quote form SF18 attachment.
(xii) FAR clause at 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services (Jan 2025) (Deviation 2025-
02) (Deviation 2025-03) (Feb 2025) (Deviation 2024-03) (Oct 2023) (Deviation 2023-03) (Dec 2022) (Deviation 2021-06) (Sept 2021), applies to this acquisition and can be found in full text on the Request for Quote form SF18 attachment.
(xiii) Any additional contract requirement(s) or terms and conditions that apply can be found on the Request for Quote form SF18 attachment.
(xiv) Defense Priorities and Allocations System (DPAS) and assigned rating does not apply.
(xv) Quotes are required to be received in the contracting office no later than 12:00 PM MST/MDT on 08/25/2025. All quotes must be submitted electronically via email to Diana.romero@noaa.gov.
(xvi) Any questions regarding this solicitation should be submitted electronically via email to Diana.romero@noaa.gov.
UTILIZATION OF FEDCONNECT® FOR CONTRACT ADMINISTRATION
The Department of Commerce will utilize the FedConnect® web portal in administering this award. The contractor must be registered in FedConnect® and have access to the FedConnect® website located at https://www.fedconnect.net/Fedconnect/. For assistance in registering or for other FedConnect® questions please call the FedConnect® Help Desk at (800) 899-6665 or email at support@fedconnect.net. There is no charge for registration in or use of FedConnect®.
(End)
1352.215-72 Inquiries (Apr 2010)
OFFERORS MUST SUBMIT ALL QUESTIONS CONCERNING THIS SOLICITATION IN
WRITING VIA EMAIL TO diana.romero@noaa.gov. QUESTIONS SHOULD BE RECEIVED NO LATER THAN 08/22/2025. Any responses to questions will be made in writing, without identification of the questioner, and will be included in an amendment to the solicitation. Even if provided in other form, only the question responses included in the amendment to the solicitation will govern performance of the contract.
(End of clause)
FAR 52.212-1 Instructions to Offerors-Commercial Products and Commercial Services (Sep 2023) NOTICE TO OFFERORS: Instructions for submitting quotations under this request for quote must be followed. Failure to provide all information to aid in the evaluation may be considered non-responsive. Offers that are non-responsive may be excluded from further evaluation and rejected without further notification to the offeror.
1. Submit PDF or Microsoft Word format quotations to the office specified in this solicitation at or before the time specified in the solicitation. Quote documents shall include signed copies of the SF 18 and SF 30(s) to acknowledge the solicitation and any applicable amendments. Email quotes are required and can be sent to diana.romero@noaa.gov.
2. Offeror shall have an active registration in the System for Award Management (SAM found at https://sam.gov/content/home) in order to provide a quote and be eligible for award. Must provide their UEID/CAGE CODE with their quote.
3. Offerors shall assume that the Government has no prior knowledge of them or their capability.
4. Offerors must provide all evaluation criteria in accordance with FAR 52.212-2. Offerors who do not provide all evaluation criteria may not be considered.
1. Technical Acceptability/Capability.
2. Price
THE GOVERNMENT DOES NOT ACCEPT RESPONSIBILITY FOR NON-RECEIPT OF
QUOTES. IT IS THE CONTRACTOR’S RESPONSIBILITY TO REQUEST AND RECEIVE
A CONFIRMATION OF THE QUOTE RECEIPT.
FAR 52.212-2 Evaluation- Commercial Products and Commercial Services (Nov 2021) Offers will be evaluated based on price and the factors set forth in paragraph (a).
(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. Paragraph (a) is hereby completed as follows: Evaluation will be based on the following;
1. Technical Acceptability/Capability.
Quotes must include all fees and costs listed in the RFQ and must confirm they meet the requirements listed in the Statement of Need. Failure to provide will result in unacceptance of quotes.
2. Price.
The Government intends to award a low priced, technically acceptable, single firm fixed-price purchase order on an all or none basis with payment terms of Net 30.
(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).
(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
(End of provision)
REQUEST FOR QUOTATION
(THIS IS NOT AN ORDER)
THIS RFQ IS IS NOT A SMALL BUSINESS SET-ASIDE
15. DATE OF QUOTATION
16. SIGNER
a. NAME (Type or print)
c. TITLE (Type or print)
b. TELEPHONE
AREA CODE
NUMBER
STANDARD FORM 18 (REV. 6/1995)
Prescribed by GSA-FAR (48 CFR) 53.215-1(a)
AUTHORIZED FOR LOCAL REPRODUCTION
Previous edition not usable
8. TO:
b. COMPANYa. NAME
c. STREET ADDRESS
d. CITY e. STATE f. ZIP CODE
9. DESTINATION
a. NAME OF CONSIGNEE
b. STREET ADDRESS
d. STATE e. ZIP CODE
7. DELIVERY
FOB DESTINATION
OTHER
(See Schedule)
10. PLEASE FURNISH QUOTATIONS TO THE
ISSUING OFFICE IN BLOCK 5a ON OR BEFORE CLOSE OF BUSINESS (Date)
IMPORTANT: This is a request for information and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or service. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotation must be completed by the quoter.
11. SCHEDULE (Include applicable Federal, State and local taxes)
ITEM NUMBER
(a)
SUPPLIES/SERVICES
(b)
QUANTITY
(c)
UNIT
(d)
UNIT PRICE
(e)
AMOUNT
(f)
12. DISCOUNT FOR PROMPT PAYMENT
a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS
NUMBER PERCENTAGE
NOTE: Additional provisions and representations are are not attached.
13. NAME AND ADDRESS OF QUOTER
a. NAME OF QUOTER
b. STREET ADDRESS
c. COUNTY
d. CITY e. STATE f. ZIP CODE
14. SIGNATURE OF PERSON AUTHORIZED TO
SIGN QUOTATION
PAGE OF PAGES
1. REQUEST NUMBER 2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NUMBER 4. CERT. FOR NAT. DEF.
UNDER BDSA REG. 2
AND/OR DMS REG. 1
RATING
5a. ISSUED BY 6. DELIVER BY (Date)
NAME TELEPHONE NUMBER
AREA CODE NUMBER
c. CITY
5b. FOR INFORMATION CALL (NO COLLECT CALLS)
2844 AVIATORS WAY
WAD-SAP
325 BROADWAY, SOU6
BOULDER CO 80305
1305M325Q0243
DIANA ROMERO
578-9265
GRAND JUNCTION WFO COLORADO
81506
08/20/2025
08/25/2025 1200 ED
GRAND JUNCTION
CO
1 40
1305M325Q0243 BASE
Section II - Supplies or Services and Price/Costs Section III - Description/Specifications Section IX - Contract Clauses
Section II - Supplies or Services and Price/Costs
CLIN List
Item Number Description Quantity Unit Unit Price Amount
Base Period Purchase and delivery of hydrogen gas in accordance with the Statement of Need for the National Weather Service office in Grand Junction, Colorado.
Period of Performance date of award 12 months.
Provide unit pricing for the below:
Hydrogen 6-packs on wheels in accordance with the specifications Four 6-packs are to be on site at all times
Delivery of two 6-packs upon request.
Contractor shall be paid for actual usage.
Hydrogen 6-packs $_______ per hydrogen 6-pack Rental fee per 6-pack $______ per day Delivery charge $_______ per delivery estimated 19 deliveries per year Award Type: Firm-fixed-price Product/Service Code: 6810
Option Period 1 Purchase and delivery of hydrogen gas in accordance with the Statement of Need for the National Weather Service office in Grand Junction, Colorado.
Period of Performance 12 months.
Provide unit pricing for the below:
Hydrogen 6-packs on wheels in accordance with the specifications Four 6-packs are to be on site at all times
Delivery of two 6-packs upon request.
Contractor shall be paid for actual usage.
Hydrogen 6-packs $_______ per hydrogen 6-
Item Number Description Quantity Unit Unit Price Amount pack Rental fee per 6-pack $______ per day Delivery charge $_______ per delivery estimated 19 deliveries per year Award Type: Firm-fixed-price
(Option Line Item)
Product/Service Code: 6810
Option Period 2 Purchase and delivery of hydrogen gas in accordance with the Statement of Need for the National Weather Service office in Grand Junction, Colorado.
Period of Performance 12 months.
Provide unit pricing for the below:
Hydrogen 6-packs on wheels in accordance with the specifications Four 6-packs are to be on site at all times
Delivery of two 6-packs upon request.
Contractor shall be paid for actual usage.
Hydrogen 6-packs $_______ per hydrogen 6-pack Rental fee per 6-pack $______ per day Delivery charge $_______ per delivery estimated 19 deliveries per year Award Type: Firm-fixed-price
(Option Line Item)
Product/Service Code: 6810
Section III - Description/Specifications
STATEMENT OF NEED NATIONAL WEATHER SERVICE (NWS) GRAND JUNCTION WFO (WEATHER
FORECAST OFFICE)
STATEMENT OF NEED
Hydrogen for Grand Junction CO
1. BACKGROUND
The National Weather Service (NWS) is a 24 hour, 365 day operation, and is a public safety agency. The primary mission of the NWS is the protection of life and property. The NWS in Grand Junction, Colorado launches weather balloons routinely twice a day. Each balloon requires approximately 0.00491 cubic feet (CF) of hydrogen. Instrumentation is attached to each balloon which provides measurements of temperature, humidity, wind speed and direction, and height. This data is transmitted worldwide and used to make weather forecasts out to 10 days.
2. OBJECTIVE
The objective of the NWS is to receive and keep on-hand an adequate supply of hydrogen (up to 3000 CF, but no less than 1500 CF) to perform the weather balloon launches on schedule. The supply will be re- stocked on a weekly basis.
3. SCOPE
The Contractor is responsible for supplying hydrogen to the NWS office located at 2844 Aviators Way, Grand Junction, CO 81506. The total amount of hydrogen to be delivered for each period of this requirement (base period plus two option periods) is a minimum of 1500 CF, up to a maximum of 3000 CF, achieved with deliveries every week of between 1,050 CF and 1,300 CF per delivery.
4. PERIOD OF PERFORMANCE
The base period of performance for this requirement is from date of award for 12 months, , with options to extend up to two additional periods of one year each.
5. PLACE OF PERFORMANCE
All deliveries are to be made to the NWS office at 2844 Aviators Way, Grand Junction, CO 81506. The point of delivery is at the Upper Air Inflation building.
6. REQUIREMENTS
Site Storage and Usage: This site will store up to 3000 CF of hydrogen on site at a time in no more than 24 individual cylinders.
Description Quantity
Number of cylinders per month estimate 24
Size of each cylinder in cubic feet 250
All hydrogen must be provided in individual cylinders as the facility is not arranged to allow for other configurations. The Government has space at the delivery point to safely receive and store up to 24 cylinders of hydrogen at a time.
Usage and correlated number of cylinders per delivery depends on how many cubic feet of hydrogen is provided in each cylinder. This also has the potential to vary if we have to launch extra balloons. Over an average seven day period, with no extra launches, we will use approximately 750 CF of hydrogen.
Initial Delivery: The Contractor shall supply 1500CF of hydrogen on or shortly within 3 days after award, with the actual delivery date coordinated with the Weather Forecast Office (WFO).
Delivery Schedule: The delivery schedule shall be arranged upon contract award with one of the NWS points of contacts. After the initial delivery, the Contractor will replenish back to 750 CF of hydrogen on a weekly basis, in accordance with the arranged schedule, replacing all empty hydrogen cylinders with full hydrogen cylinders. The Contractor shall pick up the empty cylinders in the same trip.
If additional deliveries are required prior to the next regularly scheduled delivery, the NWS will contact the Contractor and request the additional delivery, with delivery to be completed within two business days of being contacted. The delivery schedule shall be arranged upon contract award with the NWS points of contact.
Balloon launches occur twice a day, every day of the year, regardless of holidays. Therefore, the delivery schedule needs to be maintained regardless of holidays. If a holiday falls on a scheduled delivery day and the Contractor is not able to complete a regularly scheduled delivery, the Contractor shall make arrangements in advance for an alternate delivery date. The Contractor will contact the government point of contact if a delivery is going to be delayed for any other reason.
In the event the Contractor is unable to provide a scheduled delivery, the Contractor is responsible for communicating the shortage to the government point of contact as soon as possible, but no less than two days prior to the next scheduled delivery. If the Contractor is unable to find a reasonable supply in time to fill the requirement, the government point of contact reserves the right to purchase hydrogen from another supplier outside of this contract.
Performing Deliveries: The Contractor shall contact the government point of contact at this location when arriving for a delivery. The loading area is 2844 Aviators Way, Grand Junction, CO 81506. The loading area will remain clear of obstructions and all safety rules shall be followed. Cylinders can be rolled from a truck lift gate to its delivery point. The government point of contact will remain with driver throughout the delivery unlocking and locking doors as needed. The government point of contact will not assist with loading or unloading of cylinders.
The Contractor shall ensure the bottles are securely strapped to the stand at delivery and placed in an orderly/neat and clean fashion with cap loose and nozzle facing out. The Contractor shall perform the deliveries in such a manner that there will be minimal interruption to or interference with the normal operation of Government business on the premises.
Evidence of Delivery: The Driver shall provide evidence of delivery by way of receipt signed by the government point of contact at the time of delivery. A copy of the signed receipt shall also be attached to the associated invoice when submitted via IPP.
Compliance: If any of the deliveries do not conform to contract requirements (i.e. a delivery results in less than full replenishment of hydrogen to 1500 CF, or delivery results in unsafe conditions on-site, etc.), the Government reserves the right to require the Contractor to bring the delivery into conformity with contract requirements within 24 hours’ notice, at no increase in contract amount (i.e. without additional delivery charges).
Transition Period: If this contract is awarded to other than the incumbent Contractor, then prior to the first day of the contract, the new Contractor and one of the agency points of contact, listed in section 8 below, shall establish the delivery schedule, including coordinating the initial delivery to coincide with the pickup of cylinders by the former contractor. Likewise, upon completion of this contract, if the new follow-on contract is awarded to other than the current Contractor, the current Contractor shall participate in the transition coordination efforts in order to minimize the risk of a missed balloon launch due to the hydrogen being unavailable at the launch site. The end-of-contract transition period may include a lighter delivery in the final weeks of the contract.
7. SAFETY AND SECURITY
All rules concerning safety, not smoking and the security of the property must be observed at all times.
Safety Data Sheets (SDS) must be provided by the Contractor to the MIC or ASA at each office, where the information will be kept on file in accordance with applicable guidelines of the OSHA Hazard Communications Standard. Requirements pertaining to recordkeeping will be strictly followed, with copy(s) provided to MIC as necessary and upon request.
8. POINTS OF CONTACT
Will be listed at time of award
9. INVOICING
The Contractor will invoice in arrears for deliveries and related surcharges. Cylinder rent will be invoiced monthly in arrears. The invoice must include the following items:
a. Name and address of the contractor, which must be the same as that on the Purchase Order
b. Invoice date and invoice number
c. Purchase Order number and associated line item number from the Purchase Order
d. Description, quantity, unit of measure, unit price and extended price of supplies delivered, and date of delivery
e. Evidence of delivery by way of receipt signed by the government point of contact at the time of delivery
All invoices must be submitted via IPP.gov
Section IX - Contract Clauses
Clauses Incorporated by Reference Clause Number Clause Title
52.204-7 System for Award Management. (NOV 2024)
52.204-13 System for Award Management Maintenance. (OCT 2018)
52.204-16 Commercial and Government Entity Code Reporting.
(AUG 2020)
52.204-17 Ownership or Control of Offeror. (AUG 2020)
52.204-18 Commercial and Government Entity Code Maintenance.
(AUG 2020)
52.212-4 Contract Terms and Conditions - Commercial Products and Commercial Services. (NOV 2023)
52.232-18 Availability of Funds. (APR 1984) 1352.201-70 Contracting Officer's Authority. (MAR 2010) 1352.209-73 Compliance with the laws. (APR 2010) 1352.209-74 Organizational conflict of interest. (APR 2010)
52.212-5 Deviation Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Products and Commercial Services (Jan 2025) (Deviation 2025-02) (Feb 2025) (Deviation 2025-03) (Feb 2025) (Deviation 2024-03) (Oct 2023) (Deviation 2023-03) (Dec 2022) (Deviation 2021-06) (Sept 2021)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial Products and Commercial Services:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C.
3903 and 10 U.S.C. 3801).
(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
[Contracting Officer check as appropriate.]
__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Nov 2021), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 4655).
__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509)).
__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2020) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
_X_ (4) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).
_X_ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Award (Jun 2020).
(Pub. L. 109-282) (31 U.S.C. 6101 note).
__ (6) [Reserved].
__ (7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
__ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
_X_ (9) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).
__ (10) 52.204–28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (Dec 2023) ( Pub. L. 115–390, title
II).
_X_ (11) 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) ( Pub.
L. 115–390, title II).
__ (ii) Alternate I (Dec 2023) of 52.204–30.
_X_ (12) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (Jan 2025) (31 U.S.C. 6101 note).
__ (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).
__ (14) [Reserved].
__ (15)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) (15 U.S.C. 657a).
__ (16)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022 (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
__ (ii) Alternate I (Mar 2020) of 52.219-4.
__ (17) [Reserved]
_X_ (18)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).
__ (ii) Alternate I (Mar 2020) of 52.219-7.
__ (19)(i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).
__ (ii) Alternate I (Oct 1995) of 52.219-7.
__ (20) 52.219-8, Utilization of Small Business Concerns (Jan 2025) (15 U.S.C. 637(d)(2) and (3)).
(DEVIATION 2023-03) (DEC 2022)
__ (21)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2025) (15 U.S.C. 637(d)(4)).
__ (ii) Alternate I (Nov 2016) of 52.219-9.
__ (iii) Alternate II (Nov 2016) of 52.219-9.
__ (iv) Alternate III (Jun 2020) of 52.219-9.
__ (v) Alternate IV (Jan 2025) of 52.219-9.
_X_ (22)(i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).
__ (ii) Alternate I (Mar 2020) of 52.219-13.
__ (23) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 637(s)). (Deviation 2021-06) (Sept 2021)
__ (24) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).
__ (25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned
Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (Feb 2024) (15 U.S.C. 657f).
_X_ (26) 52.219-28, (i) Post Award Small Business Program Rerepresentation (Jan 2025) (15 U.S.C.
632(a)(2)).
(ii) Alternate I (MAR 2020) of 52.219-28.
__ (27) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) (15 U.S.C. 637(m)).
__ (28) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) (15 U.S.C. 637(m)).
_X_ (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).
__ (30) 52.219-33, Nonmanufacturer Rule (Sep 2021) ( 15 U.S.C. 637(a)(17)).
_X_ (31) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
_X_ (32) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2025) (E.O. 13126).
__ (33) [Reserved].
__ (34) [Reserved].
__ (35) 52.222-35, Equal Opportunity for Veterans (Jun 2020)(38 U.S.C. 4212).
_X_ (36) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).
__ (37) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).
__ (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
_X_ (39)(i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O.
13627).
__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
__ (40) 52.222-54, Employment Eligibility Verification (Jan 2025). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial Products and Commercial Services as prescribed in 22.1803.)
__ (41)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
__ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (May 2024) (E.O. 13693).
__ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (May 2024) (E.O. 13693).
__ (44) 52.223-20, Aerosols (May 2024) (E.O. 13693).
__ (45) 52.223-21, Foams (May 2024) (E.O. 13693).
_X_ (46) 52.223-23, Sustainable Products and Services (May 2024) (Deviation 2025-03 (Feb 2025)( 7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).
__ (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
__ (ii) Alternate I (JAN 2017) of 52.224-3.
_X_ (48) (i) 52.225-1, Buy American-Supplies (Oct 2022) ( 41 U.S.C. chapter 83).
__ (ii) Alternate I (Oct 2022) of 52.225-1.
__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Dec 2022) ( 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501- 4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112- 41, 112-42, and 112-43.
__ (ii) Alternate I [Reserved].
__ (iii) Alternate II (Jan 2025) of 52.225-3.
__ (iv) Alternate III (Feb 2024) of 52.225-3. (Deviation 2024-06) (Jan 2024)
__ (v) Alternate IV (Oct 2022) of 52.225-3.
__ (50) 52.225-5, Trade Agreements (DEC 2022) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
_X_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).
_X_ (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) ( E.O. 13513).
__ (56) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).
__ (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).
__ (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).
_X_ (59) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Oct 2018) (31 U.S.C. 3332).
__ (60) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).
__ (61) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
__ (62) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
_X_ (63) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Nov 2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C.
3901 note prec.).
__ (64) 52.242-5, Payments to Small Business Subcontractors (Jan 2017)(15 U.S.C. 637(d)(13)).
__ (65)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) 46 U.S.C.
Appx. 1241(b) and 10 U.S.C. 2631).
__ (ii) Alternate I (Apr 2003) of 52.247-64.
__ (iii) Alternate II (Feb 2006) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial Products and Commercial Services:
[Contracting Officer check as appropriate.]
__ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).
__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (May 2014) (41 U.S.C. chapter 67).
__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (May 2014) (41 U.S.C. chapter 67).
__ (7) 52.222-55, Minimum Wages Under Executive Order 14026 (Oct 2023) (Deviation 2024-03)( Oct 2023).
__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).
__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C.
1792).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509).
(ii) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712).
(iii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).
(v) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(vi) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).
(vii) (A) 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) ( Pub.
L. 115–390, title II).
(B) Alternate I (Dec 2023) of 52.204–30.
(viii) 52.219-8, Utilization of Small Business Concerns (Jan 2025) ( 15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(ix) [Reserved].
(x) [Reserved].
(xi) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).
(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).
(xiii) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).
(xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.
13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xv) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter 67).
(xvi) (A) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O 13627).
(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
(xvii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).
(xviii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).
(xix) 52.222-54, Employment Eligibility Verification (Jan 2025) ( E.O. 12989).
(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).
(xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).
(xxii) (A) 52.224-3, Privacy Training (Jan 2017) ( 5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xxiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C.
Subtitle A, Part V, Subpart G Note).
(xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).
Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.
(xxvi) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Nov 2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C.
3901 note prec.).
(xxvii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C.
55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247- 64.
(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
Standard Language UTILIZATION OF FEDCONNECT FOR CONTRACT ADMINISTRATION
The Department of Commerce will utilize the FedConnect® web portal in administering this award. The contractor must be registered in FedConnect® and have access to the FedConnect® website located at https://www.fedconnect.net/Fedconnect/. For assistance in registering or for other FedConnect® questions please call the FedConnect® Help Desk at (800) 899-6665 or email at support@fedconnect.net. There is no charge for registration in or use of FedConnect®.
FAR 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 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…
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