Sol_140L6226Q0027.pdf

WOMEN-OWNED SMALL

BUSINESS (WOSB)

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NUMBER 3.AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NUMBER

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

OFFER

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

BELOW IS CHECKED

REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Government Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REFERENCE

. YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

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

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

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

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NORTH AMERICAN

INDUSTRY CLASSIFICATION

STANDARD (NAICS):

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

THE DEFENSE PRIORITIES

AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FREE ON

BOARD (FOB) DESTINATION

UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4.

FAR 52.212-3 AND 52.212-5 ARE ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED.

8(A)

ECONOMICALLY

DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30.

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH

AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND

ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS

SPECIFIED

DATED.

OFFER

ADDENDA

ADDENDA

140L6226Q0027

Multiple Destinations

See Schedule

BLM WY-STATE OFC BUS MGMT BR(WY951)

5353 YELLOWSTONE RD.

CHEYENNE WY 82009

09/09/2026 1400 MD

0044043926

Huong Le 3078812101

LYA 100.00

LYA

Crystal Martinez

326122

08/24/2026

ADMINISTERED BY:

BLM WY-STATE OFC BUS MGMT BR(WY951)

5353 YELLOWSTONE RD.

CHEYENNE WY 82009 US

Huong Tiffany Le

Contracting Specialist

Continued...

STOCK RECORD (S/R)

STANDARD FORM 1449 (REV. 11/2021) BACK

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

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

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE RECEIVED (MM/DD/YYYY) 42d. TOTAL CONTAINERS

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

32g. EMAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER

36. PAYMENT

COMPLETE PARTIAL FINAL

ACCEPTED,

hhle@ios.doi.gov

307-881-2101

Laura Park

Contracting Officer

Laura_park@ios.doi.gov

00010 1 LSHDPE Pipe Delivered to Kemmerer

Product/Service Code: 5680

Product/Service Description: MISCELLANEOUS

CONSTRUCTION MATERIALS

00020 1 LSHDPE Pipe Delivered to Rawlins

Product/Service Code: 5680

Product/Service Description: MISCELLANEOUS

CONSTRUCTION MATERIALS

COMBINED SYNOPSIS/SOLICITATION

2026 HDD HDPE Pipe Purchase and Delivery

Request for Quotation (RFQ) — Commercial Products Bureau of Land Management

Wyoming State Office 5353 Yellowstone Road Cheyenne, WY 82009

GOVERNMENT POINTS OF CONTACT

Huong Tiffany Le Contracting Specialist hhle@ios.doi.gov 307-881-2101

Laura Park Contracting Officer Laura_park@ios.doi.gov

Contracting Office Bureau of Land Management, Wyoming Department of the Interior 5353 Yellowstone Road Cheyenne, WY 82003

Quote Due Date: : 09/09/2026 2:00 pm MST Last Day for Questions:09/02/2026

TABLE OF CONTENTS

TABLE OF CONTENTS

SECTION A - INSTRUCTIONS TO OFFERORS AND EVALUATION METHOD

SECTION B - STATEMENT OF WORK/SPEC

SECTION C - BID SCHEDULE

SECTION D - CLAUSES

SECTION E - PROVISIONS

NOTICE TO OFFEROR(s): 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. Agencies will not consider or use these representations. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.

mailto:jhull@blm.gov

SECTION A - INSTRUCTIONS TO OFFERORS AND EVALUATION METHOD

The associated North American Industrial Classification System (NAICS) code for this procurement 326122- Plastics Pipe and Pipe Fitting Manufacturing with a small business size standard of 750 employees.

Set-Aside: Total Small Business Set-Aside.

This acquisition is anticipated to result in a single firm-fixed-price purchase order Required Documentation

(a) Complete Blocks 14, 15, 16, 17, and 19 of Standard Form (SF) 1449. An official with authority to contractually bind the offeror's company must complete and sign Blocks 20a, 20b, 20c, 30a, 30b, and 30c of the SF1449 in accordance with the procedures prescribed in the Federal Acquisition Regulation Subpart

4.102. Failure to complete and sign all required blocks will result in an unacceptable offer.

(b) Acknowledgement of Solicitation Amendments: Acknowledge all solicitation amendments using one of the methods set forth in Block 11 of Standard Form 30, the form on which any amendment will be issued.

This includes completing blocks 8, 15A, 15B, and 15C on the SF30.

(c) Short Cover Letter:

(1) Offeror’s (company) name, address, and phone number

(2) Point of contact for two individuals within the company (phone number and email address)

(3) Entity making this submittal: parent company, subsidiary, division, branch office, etc.

(4) Year company/entity was established

(5) List any former company/entity names and reason(s) for revision/restructuring if applicable

All quotations shall be sent via email to Huong Tiffany Le, Contract Specialist, huong_le@ios.doi.gov .

Submission shall be received no later than 2:00 pm MST on 09/09/2026 Only e-mailed quotes will be accepted. It is the responsibility of the vendor to ensure the Government’s timely receipt of their quote. Please use Attachment 1- bid schedule to input your proposal.

Any questions or concerns regarding this solicitation should be forwarded in writing via e-mail to the Contract Specialist, Huong Tiffany Le, Contract Specialist, huong_le@ios.doi.gov .

BASIS FOR CONTRACT AWARD

This is a combined synopsis/solicitation for commercial products prepared in accordance with the format in FAR subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested, and a separate written solicitation will not be issued.

The solicitation is issued as a Request for Quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through the applicable Federal Acquisition Circular Number 2026-01 dated 03/13/2026 Quotations shall include sufficient information to demonstrate compliance with the requirements of this RFQ, including technical capability, pricing, and any required representations and certifications. Failure to provide the information requested may result in the quotation being removed from further consideration for award.

The Government will evaluate quotations in accordance with RFO FAR part 12 procedures. Award will be made to the responsible quoter whose quotation conforms to the solicitation requirements and is determined to offer the lowest total evaluated price among quotations determined technically acceptable.

Evaluation Factors:

The Government will evaluate quotations using the Lowest Price Technically Acceptable (LPTA) source selection method. The evaluation factors are technical capability and price.

Technical capability is a non-price factor and will be evaluated on a pass/fail basis. A quotation will be acceptable only if the offered supplies meet the RFQ requirements.

Price will be evaluated for reasonableness and will include transportation charges to the delivery destinations.

The provision at FAR 52.212-1, Instructions to Offerors—Commercial Products and Commercial Services, applies to this acquisition. Any addenda to FAR 52.212-1 are included in this solicitation.

1. Technical Capability — Can the following requested pipes be supplied as requested?

All HDPE pipe and conduit furnished under this RFQ shall meet the following minimum requirements:

• Diameter: 2-inch

• Material Type: PE4710

• SDR Rating: SDR11

• Color: Black

• Suitable for horizontal directional drilling (HDD) installation applications

• Manufactured in accordance with applicable industry standards

CLIN / Qty Description Delivery Location

4 Rolls 2,000-foot rolls of 2-inch diameter PE4710 SDR11 HDPE conduit, black Rawlins Field Office

7 Reels 4,500-foot reels of 2-inch diameter PE4710 SDR11 HDPE pipe, black

Kemmerer Field Office

1 Reel 2,500-foot reel of 2-inch diameter PE4710 SDR11 HDPE pipe, black

Kemmerer Field Office

2. PRICE

The proposed price will be evaluated for reasonableness.

3. Delivery date by November 27, 2026 to Rawlins Field Office and Kemmerer Field Office.

Evaluation Summary — LPTA

Factor Basis

Technical Capability Pass / Fail — compliance with material specifications

Price Evaluated for reasonableness, incl.

transportation

SECTION B - STATEMENT OF WORK/SPEC

1. Project Title

2026 HDD HDPE Pipe Purchase and Delivery

2. Project Background

The Bureau of Land Management (BLM) requires the purchase and delivery of High-Density Polyethylene (HDPE) pipe material.

The Contractor shall furnish and deliver specified quantities of 2-inch diameter PE4710 SDR11 HDPE pipe to the designated BLM field office locations in Rawlins and Kemmerer, Wyoming.

3. Scope of Work

The Contractor shall provide all labor, materials, transportation, equipment, supervision, and incidentals necessary to supply and deliver the required HDPE pipe materials identified in this Statement of Work.

All materials shall be new, unused, and free from defects.

The Contractor shall coordinate all deliveries with Andy Skordas (307-320-5714, askordas@blm.gov) 48 hours prior to delivery.

4. Material Requirements

The Contractor shall provide the following materials:

Quantity Description Delivery Location 4 Rolls 2,000-foot rolls of 2-inch diameter PE4710 SDR11 HDPE conduit, black Rawlins Field Office 7 Reels 4,500-foot reels of 2-inch diameter PE4710 SDR11 HDPE pipe, black Kemmerer Field Office 1 Reel 2,500-foot reel of 2-inch diameter PE4710 SDR11 HDPE pipe, black Kemmerer Field Office

Material Specifications

All HDPE pipe shall meet the following minimum requirements:

• Diameter: 2-inch

• Material Type: PE4710

• SDR Rating: SDR11

• Color: Black

• Suitable for HDD installation applications

• Manufactured in accordance with applicable industry standards mailto:askordas@blm.gov

5. Delivery Locations

Rawlins Field Office

Bureau of Land Management 1300 North 3rd Street Rawlins, WY 82301

Kemmerer Field Office

Bureau of Land Management 430 US Highway 189 Kemmerer, WY 83101

6. Contractor Responsibilities

The Contractor shall:

• Furnish all required materials;

• Provide transportation necessary to complete delivery;

• Coordinate delivery schedules with Andy Skordas;

• Ensure materials arrive undamaged and properly secured;

• Replace any damaged or defective materials at no additional cost to the Government;

• Provide packing slips and delivery documentation with each shipment.

7. Government Responsibilities

The Government will:

• Provide access to designated delivery locations during normal business hours;

• Designate a point of contact for delivery coordination;

• Inspect delivered materials for acceptance.

• Unload the material at each designated ware yard.

8. Period of Performance

Delivery shall be completed within the timeframe specified in the resulting purchase order or contract award.

Deliveries shall occur Monday through Thursday, between 7:00AM and 4:00 PM minus federal holidays, unless otherwise approved by the Government.

9. Inspection and Acceptance

The Government reserves the right to inspect all delivered materials for compliance with the requirements of this Statement of Work.

Inspection criteria shall include:

• Correct quantities;

• Compliance with material specifications;

• Condition of materials upon delivery;

• Verification of reel and roll lengths.

Materials not meeting the requirements of this SOW may be rejected and returned at the Contractor’s expense.

10. Deliverables

The Contractor shall provide:

1. Required HDPE pipe materials;

2. Delivery documentation and packing slips;

3. Manufacturer product specifications, upon request;

4. Replacement of any damaged or non-conforming materials.

SECTION C - BID SCHEDULE

Project: BID SCHEDULE

CLIN Description Specification Quantity Unit Delivery Location Unit Price Extended Price Notes

2,000-ft Rolls of 2" PE4710 SDR11 HDPE Conduit, Black

2" PE4710 SDR11

HDPE, Black, 2,000-ft Rolls 4 Roll (2,000 LF ea.)

BLM Rawlins Field Office 1300 N 3rd St, Rawlins WY 82301 $0.00

4,500-ft Reels of 2" PE4710 SDR11 HDPE Pipe, Black

2" PE4710 SDR11

HDPE, Black, 4,500-ft Reels 7 Reel (4,500 LF ea.)

BLM Kemmerer Field Office 430 US Hwy 189, Kemmerer WY 83101 $0.00

2,500-ft Reel of 2" PE4710 SDR11 HDPE Pipe, Black

2" PE4710 SDR11

HDPE, Black, 2,500-ft Reel 1 Reel (2,500 LF ea.)

BLM Kemmerer Field Office 430 US Hwy 189, Kemmerer WY 83101 $0.00

$0.00 TOTAL VALUE

TOTAL

SECTION D - CLAUSES

CONTRACT CLAUSES

52.252-2 Clauses Incorporated by Reference.

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):

FAR Clauses: www.acquisition.gov/far/part-52 DOI Clauses: www.acquisition.gov/diar/part-1452-solicitation-provisions-and-contract-clauses Revolutionary FAR Overhaul Clauses: www.acquisition.gov/far-overhaul/far-part-deviation-guide/faroverhaul-part-52

CLAUSES INCORPORATED BY REFERENCE

NOTE: CLAUSES MARKED WITH "DEVIATION FEB 2025" ARE INCORPORATED TO

IMPLEMENT EXECUTIVE ORDERS 14148 AND 14208.

Clause Title Date

52.202-1 Definitions JUNE 2020

52.203-3 Gratuities APR 1984

52.203-17 Contractor Employee Whistleblower Rights NOV 2023

52.204-13 System for Award Management Maintenance OCT 2018

52.204-18 Commercial and Government Entity Code Maintenance AUG 2020

52.204-19 Incorporation by Reference of Representations and Certifications DEC 2014

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities

DEC 2023

52.212-4 Terms and Conditions—Commercial Products and Commercial Services

NOV 2023;

Deviation MAR

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations NOV 2015;

Deviation MAY

52.219-6 Notice of Total Small Business Set-Aside NOV 2020

52.222-3 Convict Labor JUN 2003

52.222-19 Child Labor—Cooperation with Authorities and Remedies

52.222-50 Combating Trafficking in Persons OCT 2025;

Deviation MAY

52.222-90 Addressing DEI Discrimination by Federal Contractors APR 2026

DEVIATION

Clause Title Date

52.226-7 Drug-Free Workplace MAY 2024

52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving

MAY 2024

52.232-33 Payment by Electronic Funds Transfer – System for Award Management

OCT 2018

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.232-40 Providing Accelerated Payments to Small Business Subcontractors MAR 2023

52.233-3 Protest after Award AUG 1996

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

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

NOV 2021

52.225-1 Buy American-Supplies OCT 2022

CLAUSES INCORPORATED BY FULL TEXT

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSE (November 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any FAR clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

CLAUSES INCORPORATED BY FULL TEXT

DOI-AAAP-0028 V04 Invoice Processing Platform (IPP) – Treasury Invoicing System (Feb 2021) Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP).

"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:

Copy of Contractors’ Internal Invoice Any Supporting Documentation (i.e. Inventory Records, Test or labs, etc.)

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment.

The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of St. Louis (FRBSTL) within 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email IPPCustomerSupport@fiscal.treasury.gov or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services (Nov 2023) Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:

1. Invoice date and Government Contract Number

2. Billing period specified with beginning and ending dates. The beginning date must not be later than the completion date or within any previous billing dates.

3. The accounting must follow the approved schedule of values as described in the specification attachment.

4. Total amount due for the billing period

5. Certification of Progress Payment

6. Payrolls (Mail weekly)

7. Substantiation of Subcontractor Payment

8. Limitations on Subcontracting Worksheet with final payment request

9. 52.223-9 Certification with final payment request.

52.204-7 System for Award Management (Nov 2024)

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment.

The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) within 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

LOCAL INTERNET PAYMENT PLATFORM (IPP) HOTLINE

To check payment status, contact the Payment Hotline at 877-480-9724 or 303-236-2850. You will need to leave a message with the following information:

1. Company Name

2. Contract Number

3. Invoice Number

4. Invoice Amount

5. A brief description of why you are calling

6. Your contact information

If you do not receive a callback from the Payment Hotline within 72 hours, please contact the Contract Officer with the day and time.

You contacted the Payment Hotline.

(End of Clause)

(END OF SECTION)

SECTION E - PROVISIONS

PROVISIONS INCORPORATED BY REFERENCE

Clause Title Date

52.204-7 System for Award Management November 2024

52.204-22 Alternative Line Item Proposal January 2017

52.212-1 Instructions to Offerors—Commercial Products and Commercial Services

SEPT 2023

DIAR 1452.215-71 Use and Disclosure of Proposal Information – Department of the Interior

April 1984

52.219-2 Equal Low Bids OCT 1995

52.222-18 Certification Regarding Knowledge of Child Labor for Listed End Products

FEB 2021

52.225-2 Buy American Certificate OCT 2022

52.204-26 Covered Telecommunications Equipment or Services— Representation

OCT 2020

PROVISIONS INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (November 2021)

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

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

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

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

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

https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_204_25

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

Nothing in the prohibition shall be construed to—

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

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

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

(d) Representation. The Offeror represents that—

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

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that— It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

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

(i) For covered equipment—

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

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

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

(ii) For covered services—

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

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

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

https://www.sam.gov/

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

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

(ii) For covered services—

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

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

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES-

REPRESENTATION (October 2020)

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

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

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

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

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

(End of Provisions)

52.252-1 SOLICITATIONS PROVISIONS INCORPORATED BY REFERENCE (February 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://acquisition.gov/far/index.html.

52.252-05 AUTHORIZED DEVIATIONS IN PROVISIONS (November 2020)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation as indicated by the addition of “(DEVIATION)” after the date of the provision.

(b) The use in this solicitation of any Department of Interior Acquisition Regulation Supplement (DIARS) (48 CFR Chapter 14) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

(End of Provision)

END OF SOLICITATION

http://acquisition.gov/far/index.html