Sol_140R4023Q0011.pdf

CT METERING SUPPLIES FOR GLEN

CANYON FIELD DIVISION

SOLICITATION 140R4023Q0011

Glen Canyon Field Division (GCFD)

Page, AZ 86040

UNITED STATES DEPARTMENT OF THE INTERIOR

BUREAU OF RECLAMATION

UPPER COLORADO REGION

SALT LAKE CITY, UTAH

Solicitation Closing Date: 7 December 2022 Solicitation Closing Time: 1700 PM (5:00 PM) MST

Quotations SHALL be submitted via email to:

Mr. Ryan Taylor, Contract Specialist at rtaylor@usbr.gov

ONLY ELECTRONIC QUOTATIONS will be accepted for this requirement and must be electronically delivered via email.

PRIOR TO SOLICITATION CLOSING DATE AND TIME

OF 7 December 2022 1700 PM MST (5:00 PM) E-mail subject line should reference the following naming scheme:

Bureau of Reclamation- Quote- CT Metering Supplies

OTHER CONSIDERATIONS:

This requirement is being procured in accordance with Federal Acquisition Regulations Part 13- Simplified

Acquisitions in conjunction with FAR Part 12 Acquisition of Commercial Items, as a 100% small business set aside.

SUBMITTALS:

Please see the statement of work document for full submittal details; Vendor quotations shall include the following to be deemed acceptable:

1. Completed Schedule "B"

2. Contractor shall include all data sheets and/or catalog cut sheets that show the proposed supplies meet the salient characteristics

3. Delivery time after receipt of award

Incomplete offers that do not contain all the stated solicitation submittal requirements can be found non-responsive and may not be considered for award.

Award will be made using best value procedures.

JHandy Highlight

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

R40

125 South State Street, Room 8100 Regional Office Upper Colorado Region Bureau of Reclamation

0009910010 CODE 16. ADMINISTERED BYCODE

X

X

X

335999

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED ORR40

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

12/07/2022 1700 MS

11/22/2022

801-524-3818Ryan Taylor (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

140R4023Q0011

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 39 0040585244OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

Salt Lake City UT 84138

TELEPHONE NO.

17a. CONTRACTOR/

Page AZ 86040-1477 805 Bureau St, PO Box 1477 Glen Canyon Field Division Bureau of Reclamation-UC-GCFD

15. DELIVER TO

Salt Lake City UT 84138 125 South State Street, Room 8100 Regional Office Upper Colorado Region

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

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)

Bureau of Reclamation

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.

Delivery: 06/30/2023

00010 CT Metering Supplies Product/Service Code: 5975 Product/Service Description: ELECTRICAL HARDWARE

AND SUPPLIES

Contact Information:

Ryan Taylor

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

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

Jennifer G. Handy

. 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.

rtaylor@usbr.gov

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

39 2 of

Glen Canyon Revenue Metering Components Overview

Glen Canyon Dam is a hydro-electric power plant located in Page, Arizona. It is op-erated and maintained by the Glen Canyon Field Division, a division of the US Bu-reau of Reclamation. Glen Canyon Field Division has undertaken an effort in coor-dination with Western Area Power Administration (WAPA) to install revenue me-ters. To facilitate this, Glen Canyon is seeking to procure the equipment and mate-rial listed within.

Requirements

• The contractor shall provide all the items in the quantities listed for use in the metering systems on each GSU transformer bank.

• Listed products must be compatible with associated products listed within.

• Quantities shown are minimum amounts of each item. Items sold in packs, bags, pairs, or bulk quantities may be provided given the total amount is greater than the minimum amounts shown within.

• Equivalent products will be considered if documentation is provided to demon-strate how they are equivalent and compatible with associated components for a complete system. Include all data sheets and/or catalogs of the proposed items.

• All offered products shall comply with any applicable, Institute of Electrical and Electronics Engineers (IEEE), National Electrical Manufacturers Association (NEMA), or International Electrotechnical Commission (IEC) standards and be suitable for industrial use.

Products

1. Southwire cable (catalog# 61961302 10-7 CU 5/C XHHW E1 SHLD RIP CORD BLACK PVC

JKT 600V SUBSTATION WIRE | Southwire) or equivalent, salient characteristics below:

a. Voltage Rating 600 V (AC/DC)

b. Conductor Count: 5

c. Conductor Type: Stranded Copper

d. ICEA/NEMA WC 57: Table E-1

e. Gauge: 10 AWG https://www.southwire.com/wire-cable/substation/cu-frxlpe-pvc-shielded-control-cable/p/61961302 https://www.southwire.com/wire-cable/substation/cu-frxlpe-pvc-shielded-control-cable/p/61961302

f. Insulation: FR-XLPE

g. Shielding: 5 mils tape shield

h. Rip cord for jacket removal

QUANITY NEEDED (4) EA - 1000-foot reels

2. General Cable (catalog# 280600 FREP SPEC 4310 (General Cable) WR) or equivalent, sali-ent characteristics below:

a. Voltage Rating: 600 V (AC/DC)

b. Conductors: 2

c. ICEA/NEMA WC 57: Table E-1

d. Gauge: 10 AWG

e. Insulation: XHHW-2

f. Shielding: None

QUANITY NEEDED (3) EA - 500-foot reels

3. ALPHA WIRE (part# 391445 Alpha Wire 391445 |Interstate Wire) or equivalent, salient characteristics below:

a. Voltage Rating: 15,000 V (AC/DC)

b. Number of Conductors: 1

c. Conductor: Tinned Copper

d. Gauge: 14 AWG

e. Insulation: SR-Silicone Rubber

f. Insulation Color: White

g. Shielding: None

QUANITY NEEDED (2) EA - 500-foot reels

4. Omnicable (catalog# C81401-06 Switchboard Type SIS, 90C #C81401-06 | OmniCable) or equivalent, salient characteristics below:

a. Voltage Rating 600 V (AC/DC)

b. Type: SIS

c. Conductors: 1

d. Gauge: 14 AWG https://na.prysmiangroup.com/sites/default/files/product_center/north-america/files/FREP%C2%AE%20-%20SPEC%204310.pdf https://www.interstatewire.com/ul-awm-style-3239-a-391445-9-500.html https://www.omnicable.com/products/c81401-06/

e. Insulation: XHHW-2

f. Insulation Color: Grey

QUANITY NEEDED (2) EA - 500-foot reels

5. Omnicable (catalog# C81201-06 Switchboard Type SIS, 90C #C81201-06 | OmniCable) or equivalent, salient characteristics below:

a. Voltage Rating 600 V (AC/DC)

b. Type: SIS

c. Conductors: 1

d. Gauge: 12 AWG

e. Insulation: XHHW-2

f. Insulation Color: Grey

QUANITY NEEDED (3) EA - 500-foot reels

6. Wire & Cable Your Way (catalog# C81001-06 Switchboard Type SIS, 90C #C81001-06 |

OmniCable) or equivalent, salient characteristics below:

a. Voltage Rating 600 V (AC/DC)

b. Type: SIS

c. Conductors: 1

d. Gauge: 10 AWG

e. Insulation: XHHW-2

f. Insulation Color: Grey

QUANITY NEEDED (1) EA – 500-foot reels

7. Ritz Voltage Transformers (Serial# 19/11095812 http://www.ritzusa.com/common/content.asp?PAGE=376) or equivalent, salient characteristics below:

a. Instrument transformer adheres to IEEE C57.13-2016

b. Primary Voltage: 14400/√3 (Grd Y) Vac

c. Secondary Voltage: 120/√3 Vac

d. Rated Voltage Factor: 1.1

e. Insulation Class: E https://www.omnicable.com/products/c81201-06/ https://www.omnicable.com/products/c81001-06/ https://www.omnicable.com/products/c81001-06/ http://www.ritzusa.com/common/content.asp?PAGE=376

f. Voltage Ratio: 120:1 {(H1 – H2)/(X1 – X2) or 14400/120}

g. BIL: At least 110 kV

h. Frequency: 60 Hz

i. Class/Rated Output/Accuracy: .3 WXY or better

j. Thermal Burden:

i. At 30C: at least 1500 VA

ii. At 55C: at least 1000 VA

k. Short-time rating: There is 135 kA (symmetrical) - based on available fault current at generator bus. Peak asymmetrical current at generator bus is about

2.7 * 135 kA or 364.5 kA (peak asymmetrical).

l. Primary Bushing Type: Single bushing

m. Primary Fusing/Hardware Clips: None

n. Indoor/Outdoor Rating: Indoors

o. Insulation Material: Cast Epoxy Resin

QUANITY NEEDED (2) EA – Voltage Transformers

8. ABB circuit breaker (catalog# S203-K3 2CDS253001R0317 S203-K3 | ABB) or equivalent, salient characteristics below:

a. Voltage Rating: 480 / 277 Vac https://new.abb.com/products/2CDS253001R0317/s203-k3

b. Poles: 3

c. Tripping Characteristic: K curve (Fixed Thermal Magnetic)

d. Interrupting Rating: 10 kA (@ 240 Vac)

e. Terminal Type: Screw (Failsafe Bi-directional Cylinder-lift Terminal – no lugs needed)

f. Mounting: Din Rail

g. Rated Current: 3 A

h. Frequency: 60 Hz

QUANITY NEEDED (2) EA - Breakers

9. Eaton VT fuse assembly (Part# 15CLPT-HPNM-A STYLE 9078A68G04 15CLPT-HPNM-A |

Eaton Current Limiting Fuse Mountings and Live Parts | EatonFuses.com - Genuine

Eaton Electrical Fuse Source) or equivalent, salient characteristics below:

a. Max Voltage Rating: 15.5 kV

b. Frequency: 60 Hz

c. BIL: 110 kV or greater

d. Max Amps: 10 A or greater

e. Overall Height: 10.94 Inches (at least)

f. Must fit fuse in 10.

QUANITY NEEDED (20) EA – Fuse Holders

10. Eaton VT fuse (Part# 677C452G23 15CLPT-.5E | Eaton CLPT Fuses | EatonFuses.com -

Genuine Eaton Electrical Fuse Source) or equivalent, salient characteristics below:

a. Max Voltage Rating: 15.5 kV

b. Frequency: 60 Hz

c. Type: CLPT

d. Fuse Rating (Amps): .5E

i. There is flexibility to the TCC selected due to the low primary current.

e. Interrupting Current: 80 kA symmetrical or greater

f. Must fit fuse holder in 9.

QUANITY NEEDED (30) EA - Fuses https://www.eatonfuses.com/parts/749/EatonCutlerHammerWestinghouse-15CLPT-HPNM-A https://www.eatonfuses.com/parts/749/EatonCutlerHammerWestinghouse-15CLPT-HPNM-A https://www.eatonfuses.com/parts/749/EatonCutlerHammerWestinghouse-15CLPT-HPNM-A https://www.eatonfuses.com/parts/352/EatonCutlerHammerWestinghouse-15CLPT-.5E https://www.eatonfuses.com/parts/352/EatonCutlerHammerWestinghouse-15CLPT-.5E

DELIVERY

Products are to be delivered freight on board-destination (FOBD), between the hours of 8:00AM - 4:00PM Monday through Thursday to:

Attention: Dan Fox

USBR Glen Canyon

805 Bureau Street

Page, AZ 86040

REQUIRED SUBMITTALS

The following documentation shall be included with quote.

1. Completed Schedule “B”

2. If submitting an equal item the offeror shall include any all information such data sheets, cut sheets, or catalog description so technical representative can determine if item is acceptable.

3. Delivery time frame after receipt of award.

Any offeror that does not include the above information can be found nonresponsive and will not be considered for award.

Clauses

52.212-4 CONTRACT TERMS AND CONDITIONS –COMMERCIAL ITEMS (OCT 2018)

---Addendum to 52.212-4---

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 - https://www.acquisition.gov/far/

DOI Clauses - https://www.usbr.gov/pmts/acquisitons

Clause Title Date

52.204.13 System for Award Management Maintenance.

October 2018

52.204-18 Commercial and Government Entity Code Maintenance.

August 2020

52.242-15 Stop-Work Order.

August 1989

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

November

52.247-34 F.o.b. Destination.

November

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS (DEC

2013)

DOI-AAAP-0028 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:

The Contractor shall also submit an electronic copy of the IPP invoice to rtaylor@usbr.gov once the invoice has been submitted to IPP. Failure to email the invoice may cause significant delay or possible rejection of your payment request.

The Contractor must use the IPP website to register access and use IPP for submitting requests for http://www.ipp.gov/ mailto:rtaylor@usbr.gov 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.

(End of Local Clause)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (SEP 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 items:

(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 (Jul 2018) (Section 1634 of

Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment. (Aug 2020) (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).

(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 items:

[ ] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with

Alternate

I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[ ] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (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).

[ ] (5) [Reserved].

[ ] (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 mailto:IPPCustomerSupport@fiscal.treasury.gov

(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. (Jun 2020) (31

U.S.C. 6101 note).

[ ] (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 (Sep2021) (15 U.S.C.

657a). [X](12)52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (Sep

2021) (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). [ ] (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 2018) (15 U.S.C. 637(d)(2) and

(3)).

[ ](17) (i) 52.219-9, Small Business Subcontracting Plan (Sep 2021) (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 (Sep2021) (15 U.S.C. 637(a)(14)).

[ ](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 (Sep2021)

(15 U.S.C. 657f).

[X](22) (i) 52.219-28, Post Award Small Business Program Representation (Sep2021) (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 (Sep2021) (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 (Sep

2021) (15

U.S.C. 637(m)).

[ ](25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar2020) (15 U.S.C.

644(r)).

[ ](26) 52.219-33, Nonmanufacturer Rule (Sep2021) (15U.S.C.637(a)

(17).

[X] (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

[X](28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2020)

(E.O.13126).

[X] (29) 52.222-21, Prohibition of Segregated Facilities (Apr

015).

[X] (30) (i) 52.222-26, Equal Opportunity (Sep 2016)

(E.O.11246).

[ ] (ii) Alternate I (Feb 1999) of 52.222-26.

[ ] (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.

[ ] (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

[ ] (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 (Oct 2020) (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).

[ ] (36) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989).

(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

[ ] (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.

[ ] (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.

[X] (48) 52.225-1, Buy American-Supplies (JAN 2021) (41 U.S.C. chapter 83).

[] (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (JAN 2021)(41

U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19

U.S.C. 4001 note.

[X] (ii) Alternate I (May 2014) of

52.225- .

[ ] (iii) Alternate II (May 2014) of

52.225-3.

[ ] (iv) Alternate III (May 2014) of 52.225-3.

[ ] (50) 52.225-5, Trade Agreements (Oct 2019) (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. 2302Note).

[ ] (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).

[ ] (55) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

[ ] (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.

4505, 10 U.S.C. 2307(f)).

[ ] (57) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10

U.S.C.

2307(f)).

[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 (Feb 2006)

(46U.S.C. 55305 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 items:

[ ] (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).

[ ] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and

U.S.C. chapter 67).

This Statement is for Information Only: It is not a Wage Determination

Employee Class Monetary Wage-Fringe Benefits

[List as necessary]

[ ] (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 Under Executive Order 13658 (Nov 2020).

[ ] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (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 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 (Jun 2020) (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 (Jul 2018) (Section

1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of

Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (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).

(xiii) (A) 52.222-50, Combating Trafficking in Persons (Oct 2020) (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 (May2014) (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 (Oct 2015) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Nov 2020).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (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. 2302 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 (Feb 2006) (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 items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

Provisions

52.252-1 Solicitation Provisions Incorporated by Reference. (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

FAR Provisions - https://www.acquisition.gov/far/

52.212-1 INSTRUCTIONS TO OFFERORS–COMMERCIAL ITEMS (SEP2021)

(a) North American Industry Classification System (NAICS) code and small business size standard. The

NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation.

However, the small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees if the acquisition—

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

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

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

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

(1) The solicitation number;

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

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

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements specified in the solicitation. This may include data sheets, cut sheets, or catalog description for the technical representative to determine if item is acceptable.

(5) Delivery time frame after receipt of award:

(6) Completed Schedule “B” with pricing and discount;

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

(8) A completed copy of the representations and certifications at Federal Acquisition Regulation

(FAR) 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

https://www.gsa.gov/forms-library/solicitationcontractorder-commercial-items https://www.acquisition.gov/far/52.212-3#FAR_52_212_3

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

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

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 60 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

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

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with

FAR subpart 4.10), or alternative commercial products or commercial services for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

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

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

Government office on the date that offers or revisions are due.

(2)

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

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than

5:00 p.m. one working day prior to the date specified for receipt of offers; or

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

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

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

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

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time https://www.gsa.gov/forms-library/solicitationcontractorder-commercial-items https://www.acquisition.gov/far/subpart-4.10#FAR_Subpart_4_10 specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal

Government processes resume.

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

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the

Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the

Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

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

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

Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(End of provision)

52.211-6 Brand Name or Equal (Aug 1999)

52.204-16 Commercial and Government Entity Code Reporting. (Aug 2020)

52.204-7 System for Award Management. (October 2018)

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or

Equipment.

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 https://www.acquisition.gov/far/subpart-32.11#FAR_Subpart_32_11 http://www.sam.gov/ http://www.sam.gov/ https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision—

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

Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019

(Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

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

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal

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

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

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

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award

Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for

"covered telecommunications equipment or services".

(d) Representation. The Offeror represents that—

(1) It □ will, □ will not provide covered telecommunications equipment or services to the

Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

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

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

"does" in paragraph (d)(2) of this section.

(e) Disclosures.

https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.sam.gov/

(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…