Sol_140P2123R0016.pdf
PDF 437 KB Posted
- Attached to
- HAFC PUBS_ACCESSIBLE UNIGRID PDFS
- Solicitation number
- 140P2123R0016
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Other files
| File | Type | Posted |
|---|---|---|
| Attachment_D-rev1_Schedule_of_Pricing_0003.xlsx | XLSX spreadsheet | |
| PDF-Q_A_part_2_0003.pdf | ||
| Sol_140P2123R0016_Amd_0003.pdf | ||
| Sol_140P2123R0016_Amd_0002.pdf | ||
| PDF-Q_A_0002.pdf | ||
| Attachment_D_Schedule_of_Pricing_0001.xlsx | XLSX spreadsheet | |
| ATTACHMENT_A_Alt_Text_Guidance_0001.pdf | ||
| ATTACHMENT_B_Source_file_remediation_0001.pdf | ||
| Sol_140P2123R0016_Amd_0001.pdf | ||
| ATTACHMENT_C_pdf_requirements_0001.pdf |
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This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. Solicitation Number 140P2123R0016 is issued as a Request for Proposal (RFP) which constitutes the entire solicitation. This acquisition will be conducted pursuant to FAR Part 13. This solicitation document incorporates all mandatory commercial item provisions and clauses in effect through Federal Acquisition Circular 2023-02, effective March 16, 2023. This is a small business set-aside. The North American Industry Classification System (NAICS) code is 541430, Graphic Design Services and the related small business size standard is $9.0M.
The government anticipates award of one (1), firm-fixed price, indefinite delivery, indefinite quantity (IDIQ) contract.
REQUIREMENT: Independently, and not as an agent of the government, the contractor shall provide all services including labor, materials, and facilities, necessary to remediate Unigrid source files, prepare and evaluate accessible PDFs in accordance with the specifications as detailed in this contract and its attachments. Detailed National Park brochure(s) information will be specified within each Task Order’s
SOW.
Due to space limitations, the complete commercial item specifications are contained in Solicitation Number 140P2123R0016. Interested contractors should download this document. The National Park Service is not responsible for locating or securing any information that is not identified in the proposal.
The following Federal Acquisition Regulation (FAR) clauses and provisions are applicable to this announcement and are available at www.acquisition.gov.
52.212-1 Instructions to Offerors-Commercial Products and Commercial Services and addendum; 52.212-2 Evaluation-Commercial Products and Commercial Services and addendum; 52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial Services; 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services; 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services; 52.232-33 Payment by Electronic Funds Transfer-System for Award Management; 52.233-4 Applicable Law for Breach of Contract Claim; and 52.245-1 Government Property.
Questions shall be sent via email to robert_adamson@nps.gov by 1:00 pm ED March 29, 2023.
Questions submitted using any other method will not be entertained. The Point of Contact for this requirement is Robert Adamson, Contracting Officer. Offerors who contact anyone outside of the Office of Acquisition Management regarding this requirement, may automatically be excluded from competition.
All quote information shall be submitted for receipt no later than 5:00 pm ED, on April 19, 2023.
Offerors are hereby notified that if your quote is not received by the date/time and at the location specified in this announcement, that it will be considered late. The proposal shall be submitted electronically via email to robert_adamson@nps.gov with the subject line clearly identifying “Solicitation Number 140P2123R0016 – IDIQ_pdf remediation.” Offers by telephone, transmitted via facsimile (fax), or submitted using any other method will not be accepted.
All contractors must be registered in www.SAM.gov to be considered eligible for award.
http://www.sam.gov/
SEE ADDENDUMIS CHECKED
CODE 18a. PAYMENT WILL BE MADE BY
CODE
FACILITYCODE
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER
OFFEROR
PHF
Harpers Ferry WV 25425 IDC Building 67 Mather Place DOI, NPS, HFC - Acquisition Managem
0009060803 CODE 16. ADMINISTERED BYCODE
X
X
X
541430
SIZE STANDARD:
100.00 % FOR:SET ASIDE:UNRESTRICTED ORPWA
RFPIFB
10. THIS ACQUISITION ISCODE
RFQ
14. METHOD OF SOLICITATION
13b. RATING
NAICS:
SMALL BUSINESS
04/19/2023 1700 ED
03/16/2023
3015020076Robert Adamson (No collect calls)
INFORMATION CALL:
FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME
4. ORDER NUMBER3. AWARD/ 6. SOLICITATION
140P2123R0016
5. SOLICITATION NUMBER
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF
1 56 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
TELEPHONE NO.
17a. CONTRACTOR/
Harpers Ferry WV 25425 IDC Building, 67 Mather Place NPS, Harpers Ferry Center
15. DELIVER TO
Denver CO 80225 P.O.Box 25287 MS WCP
9. ISSUED BY
7.
2. CONTRACT NO.
EFFECTIVE DATE
$8.00
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW
ISSUE DATE
DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
11.
SEE SCHEDULEX
12. DISCOUNT TERMS
THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
13a.
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
8(A)
NPS, WASO - WCP Contracting
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
The contractor shall provide all services including labor, materials, and facilities, necessary to remediate Unigrid source files, prepare and evaluate accessible PDFs in accordance with the specifications as detailed in this contract and its attachments.
Period of Performance: 05/01/2023 to 05/01/2026
00010 Accessible PDFs IDIQ as described in SOW Continued ...
(Use Reverse and/or Attach Additional Sheets as Necessary)
HEREIN, IS ACCEPTED AS TO ITEMS:
XX
DATED
Robert Adamson
. YOUR OFFER ON SOLICITATION (BLOCK 5),
INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER
ARE
ARE
31c. DATE SIGNED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)
ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL
SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA
26. TOTAL AWARD AMOUNT (For Govt. Use Only)
OFFER
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA - FAR (48 CFR) 53.212
ARE NOT ATTACHED.
ARE NOT ATTACHED.
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
30b. NAME AND TITLE OF SIGNER (Type or print)
30a. SIGNATURE OF OFFEROR/CONTRACTOR
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
25. ACCOUNTING AND APPROPRIATION DATA
29. AWARD OF CONTRACT:
REF.
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER
37. CHECK NUMBER
FINALPARTIAL
36. PAYMENT
FINALPARTIAL
35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER33. SHIP NUMBER
COMPLETE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)
42b. RECEIVED AT (Location)
42a. RECEIVED BY (Print)
41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
STANDARD FORM 1449 (REV. 2/2012) BACK
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
Product/Service Code: DA01
Product/Service Description: IT AND TELECOM -
BUSINESS APPLICATION/APPLICATION DEVELOPMENT
SUPPORT SERVICES (LABOR)
Delivery: 04/30/2024
Period of Performance: 05/01/2023 to 04/30/2024
00020 Accessible PDFs as described in SOW - year 2
Product/Service Code: DA01
Product/Service Description: IT AND TELECOM -
BUSINESS APPLICATION/APPLICATION DEVELOPMENT
SUPPORT SERVICES (LABOR)
Delivery: 04/30/2025
Period of Performance: 05/01/2024 to 04/30/2025
00030 Accessible PDFs as described in SOW - year 3
Product/Service Code: DA01
Product/Service Description: IT AND TELECOM -
BUSINESS APPLICATION/APPLICATION DEVELOPMENT
SUPPORT SERVICES (LABOR)
Delivery: 04/30/2026
Period of Performance: 05/01/2025 to 04/30/2026
Continued ...
32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
56 2 of
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
NAME OF OFFEROR OR CONTRACTOR
3 56
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
140P2123R0016
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
Sponsored by GSA
FAR (48 CFR) 53.110
Solicitation 140P2123R0016 Page 4 of 56
TABLE OF CONTENTS
PART A – CONTINUATION OF SF 1449 5
SCHEDULE OF PRICING 5
SCOPE 6
Project Management 7
Deliverables 9
Warranty 9
List Of Attachments 9
CLAUSES 10
PROVISIONS 21
INSTRUCTIONS TO OFFERORS 48
EVALUATION FACTORS & CRITERIA 53
Solicitation 140P2123R0016 Page 5 of 56
PART A Continuation of SF 1449
Supplemental Information
The Government anticipates award of a single Indefinite Delivery Indefinite Quantity (IDIQ) contract as a result of this solicitation.
The minimum contract value for all orders issued against this contract shall not be less than the minimum contract value stated in the following table. The maximum contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.
Minimum Contract Value (Per Contract)
Maximum Contract Value
(All Awards)
Task Order Minimum
Task Order Maximum
$2,500.00 $220,000.00 $500.00 $20,000.00
Submitted offers shall be valid for 120 calendar days from the date specified for receipt of offers.
SCHEDULE OF PRICING
The contractor shall provide quotes based on the number of graphics in each brochure, not including the NPS arrowhead logo nor the National Park Foundation logo, both of which have standard alt text. In some cases (see category A below) the work will be primarily PDF remediation when alt text is provided, the source files are structured properly and require minimal remediation.
Specific descriptions of individual projects will be provided through Task Orders (TOs) awarded under this IDIQ contract.
Brochures Quote
Remediation and PDFs for jobs with alt text and prior PDF $
Remediation and PDFs for jobs with up to 9 graphics $
Remediation and PDFs for jobs with up to 10-22 graphics $
Remediation and PDFs for jobs with up to 23-35 graphics $
Remediation and PDFs for jobs with up to 36-48 graphics $
Remediation and PDFs for jobs with up to 49-65 graphics $
Solicitation 140P2123R0016 Page 6 of 56
SCOPE OF WORK
INDESIGN REMEDIATION AND PDF PREPARATION
FOR UNIGRID PUBLICATIONS
7 Feb 2023
BACKGROUND AND PURPOSE
The National Park Service (NPS) Publications Unigrid Program is responsible for developing, producing, and delivering Unigrid brochures to over 420 parks in the National Park System. Unigrid brochures are the single official visitor publication for each park, provided at no additional cost to visitors upon entry. The brochures convey National Park Service (NPS) identity, parks’ national significance, critical safety and stewardship information, and a sense of relevance. Brochures contain complex illustrations, graphics, maps, and text. Most are written in English, but several include alternative languages. The brochures are designed in Adobe InDesign and exported to PDF/X for offset printing. The National Park Service has established the need for accessible PDF editions suitable for online public access. The purpose of this contract is to provide source file remediation and PDF preparation for Unigrid brochures with native screen-reader input to ensure PDFs are both functional and user-friendly.
SCOPE OF WORK
The Contractor shall provide all services including labor, materials, and facilities, necessary to remediate Unigrid source files, prepare and evaluate accessible PDFs in accordance with the specifications as detailed in this contract and its attachments. Detailed National Park brochure(s) information will be specified within each Task Order’s SOW.
A. Write Alt Text The contractor shall write alt text for all graphics, maps, and other visual elements and prepare the following:
A single text document with alt text for all graphics, listing each image by the graphic numbers provided. The file name shall include the pdf job code name provided in the task order, for example, ZION23PDF Alt Text.
Embed the alt text into the linked files using the file metadata IPTC Core: Alt Text field (Adobe Bridge) and activate the alt text in InDesign by selecting the XMP: Alt Text field.
Guidelines for Unigrid alt text are provided in Attachment A.
Solicitation 140P2123R0016 Page 7 of 56
B. Remediate Source Files The Contractor shall remediate Unigrid source files to enable export to an accessible PDF. This includes changes to InDesign files and adding alt text to linked graphic files. Changes are intended to reduce remediation necessary in Adobe Acrobat Pro and shall be limited to those necessary for preparing accessible PDFs that match the printed editions. Content and map changes must be avoided. Source file color profile shall remain set to North American Prepress 2, the RGB working space is Adobe RGB (1998) and the CMYK working space is US Web Coated (SWOP) v2. The contractor shall maintain the folder structure and file naming as provided with each job. See Attachment B for source file remediation requirements.
C. Prepare Accessible PDF files The Contractor shall prepare accessible PDF files that meet the requirements in Attachment C.
D. Prepare Remediation Report The contractor shall prepare a report listing changes made to source files (categories and types of changes, not every specific instance of a change), and PDF remediation steps taken in Acrobat. It is especially important to note custom changes unique to each brochure. The intent is to help the next designer understand, and work with, the new file structure for the next reprint with changes. Name the file using the pdf job code name provided in the task order, for example, ZION23PDF Remediation Report.
E. Project Management
1) Meetings: The contractor shall participate in an initial post-award meeting to review contract requirements. For each task order for one or more brochures, the contractor shall participate in an initial start-up call to review the requirements and brochure source files, a mid-point call to review alt text and work in progress, and a close-out call to review the completed changes and final PDF files.
2) Interim Reviews: The contractor shall submit draft alt text for review and approval prior to adding the alt text into the source file metadata. The contractor shall anticipate editorial changes during the alt text reviews. The contractor shall also anticipate changes as a result of the review of works in progress. Examples of changes could include, but are not limited to, reading order, decisions about which elements are tagged as artifacts, and adjustments that could impact offset printing.
3) Schedule: Each task order will include a regular schedule, similar to the sample schedule, below. The schedule begins the workday after receipt of a Task Order and government-furnished materials; the workday after receipt will be the first workday of the schedule.
‘Days’ are shown in workdays, not including weekends.
Task Work Days
Review Days
Enter project data in Shared Spreadsheet and Prepare Alt Text Draft 5
Alt Text Comments 5
Draft PDF Complete 8
Solicitation 140P2123R0016 Page 8 of 56
Draft PDF Comments 5
Final file delivered 4
Review of Final Files 5
In the event that the government delays beyond the period specified, the contractor shall be entitled to a day-for-day extension in the final completion date.
4) Shared Spreadsheet: The contractor shall maintain a shared spreadsheet on Teams. Upon receipt of each task order, the contractor shall enter the new jobs and data for each of the following:
Alpha Code
Job Source Code
PDF Job Code
GPO imprint number
Files received date
Alt text draft complete date
Alt text comments due date
Draft PDF complete date
Draft PDF comments due date
Final files delivered date
Review/approval date
The spreadsheet shall include a tab for current work, and tabs for work completed in each contract year.
5) User-Group Evaluation: The Contractor shall conduct user-group evaluations on a selection of brochure PDFs. The purpose of gathering user feedback and input from native screen reader users, including blind and low-vision readers, is for ongoing quality control and improvement. The contractor shall implement user-group evaluations after every 25 brochures are completed. Each evaluation shall include three brochures and up to three reviewers per brochure. Each evaluation shall not involve more than 10 individuals.
Evaluations shall include the following topics and questions:
Identify why reviewers use a screen reader. (blindness, low-vision or other challenge reading print or digital material)
Identify what device and software was used for reviewing PDF brochures.
Identify whether the user evaluated the PDF brochure alone or with an assistant.
Did you have any technical difficulties accessing the content? If yes, please describe any technical difficulties.
Did the Alt-text provide a sufficient level of detail? If no, please explain.
Did the order and hierarchy of the content make sense? If not, please explain.
Solicitation 140P2123R0016 Page 9 of 56
Approximately how long did you spend reviewing each brochure?
KEY PERSONNEL
The individual(s) are considered “key personnel” for the performance of all requirements under this contract. The key personnel may not be amended during the contract without the written approval of the Contracting Officer. Prior to diverting any of the specified individuals to other projects, the contractor shall notify the Contracting Officer and shall submit a justification (including proposed substitutions) in sufficient detail to permit evaluation of the effect on the contract.
REVIEW AND APPROVAL
Review and approval of the deliverables shall be completed according the project schedules as directed in the task orders. The COR shall notify the Contractor, in writing, of approval or rejection of the work. In the event the government delays beyond the period specified, the Contractor shall be entitled to a day-to-day extension in the completion date.
DELIVERABLES
Deliverables shall consist of all remediated InDesign files, updated linked graphics, alt text documents, remediation and evaluation reports, and accessible PDFs delivered electronically via Teams [link to be provided upon award].
GOVERNMENT-FURNISHED PROPERTY
The contractor shall be responsible for security and protection of government-furnished property or materials provided in connection with this contract.
TRAVEL
Travel is not anticipated during the performance of this contract, nor on any Task Orders.
WARRANTY
Should any defects arise in PDF/UA or PDF/X within the first 12 months after final version is completed, contractor shall at no additional cost to the government, fix identified errors
LIST OF DOCUMENTS OTHER ATTACHMENTS
The following listed documents are attached and incorporated into this contract.
Attachment A: Unigrid Alt Text Guidance, February 7, 2023, PDF, 1 page
Attachment B: Unigrid Source File Remediation Guidance, February 7, 2023, PDF, 3 pages
Attachment C: Unigrid PDF Requirements, February 7, 2023, PDF, 1 page
Attachment D: Schedule of Pricing March 1, 2023, 1 excel sheet
Solicitation 140P2123R0016 Page 10 of 56
CLAUSE SECTION
CLAUSES INCORPORATED BY REFERENCE
CLAUSE TITLE DATE
52.203-13 Contractor Code of Business Ethics and Conduct, Alt I NOV 2021 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 Nov 2021
52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment
Nov 2021
52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services
Dec 2022
52.227-14 Rights in Data-General May 2014 52.227-17 Rights in Data – Special Works Dec 2007 52.232-40 Providing Accelerated Payments to Small Business Subcontractors Dec 2013
CLAUSES INCORPORATED BY FULL TEXT
52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Products and Commercial Services (Dec 2022)
(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 (Nov 2021) (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) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
Solicitation 140P2123R0016 Page 11 of 56
(6) 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 (Jun 2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).
_X_ (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 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).
__ (5) [Reserved].
_X_ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) (31 U.S.C. 6101 note).
_X_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).
__ (10) [Reserved].
__ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) (15 U.S.C. 657a).
__ (12) 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).
__ (13) [Reserved]
_X_ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).
Solicitation 140P2123R0016 Page 12 of 56
__ (ii) Alternate I (Mar 2020) of 52.219-6.
__ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).
__ (ii) Alternate I (Mar 2020) of 52.219-7.
__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2022) (15 U.S.C. 637(d)(2) and (3)).
__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2022) (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 (Sep 2021) of 52.219-9.
__ (18) (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.
__ (19) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 637s).
__ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).
__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2022) (15 U.S.C. 657f).
_X_ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Oct 2022) (15 U.S.C.
632(a)(2)).
__ (ii) Alternate I (Mar 2020) of 52.219-28.
__ (23) 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)).
__ (24) 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)).
__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C.
644(r)).
__ (26) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15U.S.C. 637(a)(17)).
_X_ (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).
Solicitation 140P2123R0016 Page 13 of 56
_X_ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Dec 2022) (E.O.13126).
_X_ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
_X_ (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).
__ (ii) Alternate I (Feb 1999) of 52.222-26.
_X_ (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).
__ (ii) Alternate I (Jul 2014) of 52.222-35.
_X_ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).
__ (ii) Alternate I (Jul 2014) of 52.222-36.
_X_ (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).
_X_ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
_X_ (35) (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).
_X_ (36) 52.222-54, Employment Eligibility Verification (May 2022) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)
_X_ (37) (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.)
__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).
__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).
__ (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Oct 2015) of 52.223-13.
Solicitation 140P2123R0016 Page 14 of 56
__ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Jun2014) of 52.223-14.
__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).
__ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Jun 2014) of 52.223-16.
_X_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).
__ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).
__ (46) 52.223-21, Foams (Jun2016) (E.O. 13693).
__ (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).
__ (ii) Alternate I (Jan 2017) of 52.224-3.
__ (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 (Dec 2022) of 52.225-3.
__ (iv) Alternate III (Jan 2021) of 52.225-3.
__ (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).
Solicitation 140P2123R0016 Page 15 of 56
__ (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 (Nov2007) (42 U.S.C. 5150).
__ (55) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).
__ (56) 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).
__ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).
_X_ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) (31 U.S.C. 3332).
__ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).
__ (60) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
__ (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
__ (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).
__ (63) (i) 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).
__ (ii) Alternate I (Apr 2003) of 52.247-64.
__ (iii) Alternate II (Nov 2021) 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.]
_X_ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).
Solicitation 140P2123R0016 Page 16 of 56
__ (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) (29U.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 for Contractor Workers Under Executive Order 14026 (Jan 2022).
__ (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, as defined in FAR 2.101, on the date of award of this contract, 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
Solicitation 140P2123R0016 Page 17 of 56
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 products or commercial services. 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) 52.203-19, 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)).
(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).
(iv) 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).
(v) 52.219-8, Utilization of Small Business Concerns (Oct 2022) (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.
(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(vii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).
(viii) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).
(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).
(x) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).
(xi) 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.
(xii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).
Solicitation 140P2123R0016 Page 18 of 56
(xiii) (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).
(xiv) 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).
(xv) 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).
(xvi) 52.222-54, Employment Eligibility Verification (May 2022) (E.O. 12989).
(xvii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).
(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).
(xix) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xx) 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).
(xxi) 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.
(xxii) 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)
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 address:
Solicitation 140P2123R0016 Page 19 of 56 www.acquisition.gov
(End of clause)
1452.201-70 Authorities and delegations (Sep 2011)
(a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.
(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award.
The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor.
Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.
(c) The COR is not authorized to perform, formally or informally, any of the following actions:
(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;
(2) Waive or agree to modification of the delivery schedule;
(3) Make any final decision on any contract matter subject to the Disputes Clause;
(4) Terminate, for any reason, the Contractor's right to proceed;
(5) Obligate in any way, the payment of money by the Government.
(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.
(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph (d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.
(f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the COR.
http://www.acquisition.gov/
Solicitation 140P2123R0016 Page 20 of 56
(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor's risk.
(End of clause)
Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (Apr 2013)
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: none 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.
(End of Local Clause) https://www.ipp.gov/ https://www.ipp.gov/ mailto:ippgroup@bos.frb.org
Solicitation 140P2123R0016 Page 21 of 56
PROVISIONS SECTION
SOLICITATION PROVISONS INCORPORATED BY REFERENCE
PROVISION TITLE DATE
52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.212-1 Instructions to Offerors—Commercial Products and Commercial Services NOV 2021
SOLICITATION PROVISONS INCORPORATED BY FULL TEXT
52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)
The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract , subcontract , or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services —Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products or Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services , or any equipment , system, or service that uses covered telecommunications equipment or services " in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.
(a) Definitions . As used in this provision—
Backhaul , covered telecommunications equipment or services , critical technology , interconnection arrangements , reasonable inquiry , roaming , and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment .
(b) Prohibition.
(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment , system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul , roaming , or interconnection arrangements ; or 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
Solicitation 140P2123R0016 Page 22 of 56
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment , system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.
This prohibition applies to the use of covered telecommunications equipment or services , regardless of whether that use is in performance of work under a Federal contract . Nothing in the prohibition shall be construed to—
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul , roaming , or interconnection arrangements ; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) ( https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services ".
(d) Representation. The Offeror represents that—
(1) It □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract , subcontract or other contractual instrument resulting from this solicitation . The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and
(2) After conducting a reasonable inquiry , for purposes of this representation, the Offeror represents that—
It □ does, □ does not use covered telecommunications equipment or services , or use any equipment , system, or service that uses covered telecommunications equipment or services .
The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.
(e) Disclosures.
(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer :
(i) For covered equipment — https://www.sam.gov/
Solicitation 140P2123R0016 Page 23 of 56
(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 —
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