Sol. No. 12639523Q0154 Instructions & SOW.pdf

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

APHIS-MN-126395

MINNEAPOLIS MN 55401

SUITE410

250 MARQUETTE AVE

USDA APHIS

ARS-126230-1 CODE 16. ADMINISTERED BYCODE

X

X

X

811210

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED ORAPHIS-MN-126395

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

05/08/2023

612-336-3602KIM YEN TU

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIME

05/30/2023 1100 CT

b. TELEPHONE NUMBERa. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

12639523Q0154

5. SOLICITATION NUMBER

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

1 631090975OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

MANHATTAN KS 66502

1200 KRETSCHMER DRIVE

PA NBAF WAREHOUSE

15. DELIVER TO

MINNEAPOLIS MN 55401

SUITE410

250 MARQUETTE AVE

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$34

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)

USDA APHIS

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.

Tax ID Number: Not Available DUNS Number: Not Available Solicitation for to obtain Temperature Monitoring System (TMS) Support contract that includes software annual license renewal, warranty, maintenance, training, parts, and calibration services for the NBAF laboratory. The government intends to award one This is a firm fixed price contract as a result of this solicitation.

Delivery: 08/16/2023 (Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

KIM YEN N. TU

. 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.

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1.0 Price Schedule

Contract Line Item

Description Unit Quantity Price/unit Total Price

0001 Base Year (8/15/2023-8/14/2024):

Warranty, Hardware, Calibration, Training, and Maintenance Services

MO 12

0002 Base Year (8/15/2023-8/14/2024):

OceaFog Software License Renewal 501-1000 Sensors

EA 1

0003 Base Year (8/15/2023-8/14/2024):

OCEAlert Annual License 501-1000 sensors

EA 1

1001 Option Year 1 (8/15/2024-8/14/2025):

Warranty, Hardware, Calibration, Training, and Maintenance Services

MO 12

1002 Option Year 1 (8/15/2024-8/14/2025):

OceaFog Software License Renewal 501-1000 Sensors

EA 1

1003 Option Year 1 (8/15/2024-8/14/2025):

OCEAlert Annual License 501-1000 sensors

EA 1

2001 Option Year 2 (8/15/2025-8/14/2026):

Warranty, Hardware, Calibration, Training, and Maintenance Services

MO 12

2002 Option Year 2 (8/15/2025-8/14/2026):

OceaFog Software License Renewal 501-1000 Sensors

EA 1

2003 Option Year 2 (8/15/2025-8/14/2026):

OCEAlert Annual License 501-1000 sensors

EA 1

3001 Option Year 3 (8/15/2026-8/14/2027):

Warranty, Hardware, Calibration, Training, and Maintenance Services

MO 12

3002 Option Year 3 (8/15/2026-8/14/2027):

OceaFog Software License Renewal 501-1000 Sensors

EA 1

3003 Option Year 3 (8/15/2026-8/14/2027):

OCEAlert Annual License 501-1000 sensors

EA 1

4001 Option Year 4 (8/15/2027-8/14/2028):

Warranty, Hardware, Calibration, Training, and Maintenance Services

MO 12

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4002 Option Year 4 (8/15/2027-8/14/2028):

OceaFog Software License Renewal 501-1000 Sensors

EA 1

4003 Option Year 4 (8/15/2027-8/14/2028):

OCEAlert Annual License 501-1000 sensors

EA 1

TOTAL

1.1 Schedule Notes

This is a firm-fixed price contract. The total price shall include all cost to perform services as outlined in the Statement of Work (personnel, supplies, parts, travel, labor, etc.)

The Service Contract Act applies to this service contract. Contractors performing on service contracts in excess of $2,500.00 to which no predecessor contractor’s collective bargaining agreement applies shall pay their employees at least the wages and fringe benefits found by the Department of Labor to prevail in the locality. Wage decisions referenced below are incorporated in full text as an attachment. If an option is exercised, updated wage decisions will be incorporated into the contract in accordance with clause 52.222-43 “Fair Labor Standards Act and Service Contract Labor Standards – Price Adjustment (Multiple Year and Option Contracts).” The contractor is responsible for maintaining the records required in accordance with 52.222-41 “Service Contract Labor Standards.” If any Service Contract Act covered employee works under more than one wage determination in a given workweek, the certified payrolls for that week shall identify which hours were worked under each of those wage determinations.

In the event of a conflict as to the type of work or place of performance of that work, the wage classification (and rate) resulting in the highest rate of pay/fringe benefits to that employee will apply.

Applicable Wage Decisions: Wage Determination No. 2015-5337 rev.20

1.2 Evaluation Factors for Award and Required Submittals

This solicitation is being prepared in accordance with FAR part 13 Simplified Acquisition Procedures.

USDA APHIS WS NWRC Program intends to issue one firm-fixed price service contract as a result of this solicitation. The following factors will be used to evaluate quotes. Please also see provision 52.212-2 Evaluation—Commercial Products and Commercial Services in section 5 of the solicitation. Quoters are advised to carefully review the RFQ’s quotation package required submittals specified in this document.

Missing, incomplete, or ambiguous information may result in unfavorable evaluation for that factor and may not be considered for award. The Government reserves the right to award to other than the lowest priced offer. It is the quoter’s responsibility to ensure completeness of the quotation package being submitted.

See below the addendum to 52.212-1 Instructions to Offerors—Commercial Products and Commercial Services which outlines additional instructions and a list of Required Submittals.

1. Fill in and sign first page of SF 1449 to accept all terms and conditions in the solicitation.

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2. Fill in the price schedule.

3. Provide proof of active SAM registration at the time of solicitation response dare/time

4. Fill out FAR provision 52.204-24

5. Please include a cover letter with your quotation package including the following information:

• The RFQ solicitation number

• The Quoter’s name, address, telephone and facsimile numbers, and email address

• Names, titles, telephone and facsimile numbers, and email addresses of persons authorized to negotiate on the quoter’s behalf with the Government in connection with this solicitation.

• Name, title, and signature of person authorized to sign the proposal. Quotation package signed by an agent shall be accompanied by evidence of that agent’s authority.

6. Submission Requirements for Non-Price Related Evaluation Factors

a) Technical Capabilities – Quoter shall include written narrative description that, at minimum, address the following:

• General Capability and approach to operational and maintenance readiness of system.

• Ability to respond in a timely manner for system, software and equipment monitoring failures and issues.

• ISO certification of contractor

• Quality Control Plan

• Provide at least two (2) Technicians Resumes who might be assigned to this project. Technicians Resumes must include training records any relevant certifications that apply to that apply to this kind of work.

• Relevant past experience. Contractor required to provide Past Performance Questionnaire for these projects (see below).

b) Past Performance Questionnaire Quoter shall provide sufficient information to demonstrate their relevant project experience for this kind of work. The Past Performance Questionnaire (Attachment

1) included in the solicitation is provided for the quoter to submit to the client for each relevant project the quoter includes in its proposal for this subfactor.

The offeror shall submit a minimum of two (2) completed Past Performance Questionnaire (Attachment 1) for each project submitted as an example of relevant experience listed in the technical capabilities. The relevant experience should correlate with the work described in the statement of work.

Relevant project experience shall be for work performed within the last three (3) years from the release date of this solicitation. Projects must be at least 75% complete and performed within the last three (3) years as of the release date of this solicitation.

All points of contact, phone numbers, and email addresses should be verified by the Quoter prior to submission. Points of contact must have first-hand knowledge of the project from a contractual, managerial, and technical perspective. Quoters should follow-up with clients/references to ensure timely submittal of questionnaires.

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1.2.1 Questions

All questions must be submitted via email at least 3 days before solicitation close date to: Kim Yen Tu at kimyen.n.tu@usda.gov.

1.2.2 Quote Due Date, Time, Format

Quote submissions are due to Kim Yen Tu via EMAIL ONLY at kimyen.n.tu@usda.gov by 05/30/2023 at 11:00am Central Time.

2.0 Statement of Work

Temperature Monitoring System: Warranty, Hardware, Calibration, Software, and Maintenance Services at National Bio and Agro-Defense Facility.

2.1 Background

A State-of-Art Temperature Monitoring System (TMS) team worked with USDA NBAF Information Technology Department to furnish and install a temperature monitoring system at the NBAF location in Manhattan, KS which includes the following: temperature monitoring equipment (TME) for ultra-low temperature equipment, TME for refrigerators/ freezers, TME for incubators. The equipment is entering the end of base warranty support and therefore, a renewal package will be needed to support the temperature monitoring and management services for our mission-critical environment and equipment that will enable laboratory professionals, operational units, and support staff on all levels to work more efficiently without any degradation to NBAF mission.

2.3 Purpose

The purpose of this acquisition is to obtain a TMS Support contract that includes software annual license renewal, maintenance, training, and equipment calibration services for the NBAF laboratory.

2.4 Contract Type and Period of Performance

This is a firm fixed price contract for warranty, training, calibration, and onsite maintenance support services. The Period of Performance shall consist of a base period of 12 months starting on August 15, 2023, with four (4) option years for future support.

Base Year (8/15/2023-8/14/2024) Option Year 1 (8/15/2024-8/14/2025) Option Year 2 (8/15/2025-8/14/2026) Option Year 3 (8/15/2026-8/14/2027 Option Year 4 (8/15/2027-8/14/2028)

2.5 Scope of Work

Vendor shall provide the maintenance and calibration of the NBAF Oceaview monitoring system and equipment hardware including the necessary LoRa Gateways, Colbats X2 transmitters, and internal emerald pucks. See Appendix for serial numbers of all equipment and systems. Work will consist of furnishing all labor, maintenance equipment/tools, materials/supplies and protective equipment required to perform the following services.

mailto:kimyen.n.tu@usda.gov

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2.5.1 Warranty, parts, maintenance, and calibration services

The Contractor is responsible under this contract to maintain the Temperature Monitoring System (TMS). The contractor shall keep the system in good operating condition and shall always be responsive to the maintenance requirements. Services include:

• Providing preventive maintenance and operational verification of all points and system components.

• Providing parts warranty covering manufacturer defects for all-system hardware. Contractor installed replacement parts shall become the property of the Government. Replaced items shall be properly disposed of at no additional cost to the Government.

• Calibration of designated NBAF points

• Installation of new batteries annually o 3.6v 1/2 size Lithium Battery (For Emerald Puck Units) – Quantity: 400 o AA Size 3600mAh 3.6V Lithium (For Cobalt Transmitters 2 in each - Quantity: 716

• Check each piece of hardware per vendor SOP

• Dialing, Panel, Battery Network, and e-mail testing

• Input Calibrations

• Input Identification

• National Institute of Standards and Technology (NIST) Certifications

• Providing system clean-ups

• Providing wire inspections and repairs when needed

2.5.2 Reports/Compliance/Quality Assurance

• The contractor shall assist NBAF Calibration lab staff with all tasks and oversee all actions.

• The contractor shall propose an annual calibration schedule for the NBAF campus.

• The contractor shall provide monthly updates on the progress reports of maintenance calibrations.

• Contractor calibration protocols shall be accredited to ISO 17025 Calibration methods, verified by NBAF Calibration Lab Staff.

• Provide maintenance records and ISO 17025 accredited certificate reports.

2.5.3 Customer Support Services

It is required that the contractor provide customer support services that include:

• Onsite support for 2 weeks each month for calibration and maintenance support at 1980 Denison Ave, Manhattan, Kansas 66502

• Provide telephone support 24/7/365. A Contractor Service Tech shall respond via telephone or email within 24 hours after receipt of notice from USDA and provide guaranteed on-site service within 2 business days. This includes coordination between NBAF Calibration Lab staff and technicians who constantly adjust to meet routine, urgent, and emergency situations.

2.5.4 Training

The Contractor shall provide on-site training on the use, monitoring, and maintenance of the system at NBAF Campus for the NBAF 140 scientific staff every 6 months. Training sessions shall be started within 30 days following award of contract. At a minimum, advance notice of one week will be provided by USDA representative to the contractor for each training session.

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2.5.5 Software Renewal, Revisions & Updates

The Contractor must include software revisions and updates as part of the contract at no additional cost to the Government. Updates shall be performed as soon as possible after release, but no later than the first scheduled Preventive Maintenance Inspection after release. For any updates that have been identified as critical or required for the proper operation of equipment by the OEM, contractor shall provide installation within 30 days of release regardless of Preventive Maintenance Schedules.

2.5.6 Technician Qualifications Requirements

Contractor shall provide trained, and experienced technical to perform maintenance, calibration, and corrective maintenance on currently installed temperature monitoring system. The Contractor shall provide NBAF representative with a designated technician for service calls.

Contractor shall provide a list of names of technicians and copies of technician training records after contract award. Contractor Technician shall obtain and maintain an appropriate USDA Security Clearance (Government provided). The contractor technicians and representatives must comply with USDA and APHIS policies regarding on-site work, including (but not limited to) as applicable: online training, contractor orientation, notification policy for work on-site, obtaining PIV or other credentials.

2.6 Personnel Security Requirements (only required for contractors performing services onsite)

A. Contractors shall comply with the personal identity verification (PIV) policies and procedures established by the Department for Contractors.

B. The procedures to be followed by contractors and contractor employees are specified in the Departmental Regulation and Departmental Manual (DM) 4620-002. Copies can be downloaded from the website at http://hspd12.usda.gov

C. In accordance with the USDA policy and directives, a Background Investigation (BI) of the contractor personnel may be required prior to starting work under this contract as well as maintaining it throughout the duration of the contract. The contractor shall, through their own internal background investigation protocol and pre-employment investigation, ensure that each contractor employee submitted for a federal background investigation is reasonably expected to receive a favorable adjudication of their respective investigation.

D. The USDA, APHIS will pay for any required federal background investigations. The government shall have and exercise full and complete control over granting, denying, withholding, or termination the background investigation clearance for employees.

E. The USDA APHIS background investigation that is required is a Tier 2 - Public Trust – Moderate Risk. All contractor personnel subject to a BI must have no less than favorably adjudicated results. Once approved and working under the contract, the contractor personnel shall not be removed or diverted from the site without prior notification to the Contracting Officer, Contracting Officer Representative or the designated point of contact.

F. The contractor shall not employ persons for work on this contract if such employee is considered by the USDA to be a potential threat to health, safety, general well-being or operational mission of USDA and its employees and property. If the USDA finds a prospective

8 | P a g e employee to be unsuitable for his or her assigned duties, the contractor will be advised immediately that such employee cannot continue to work or be assigned to work under the contract.

G. The Contracting Officer Representative or other designated point of contact will assist the contractor, where practical, with the background investigation process and the associated paperwork.

H. The Contractor shall provide to the USDA Personal Identity Verification Sponsor and the Personnel Security Specialist the information required to initiate the background investigation, including information on previous Office of Personnel Management background investigations or clearances conducted by the contractor. The Contractor shall ensure that prime and subcontractor employees requiring background investigations complete and submit the proper paperwork and forms. You can obtain further guidance from the Personnel Security Specialist who oversees the investigation process for contractors:

USDA, APHIS, MRPBS, HRD

Attn: Personnel Security Specialist - Contractors 250 Marquette Avenue, Suite 410 Minneapolis, MN 55401-2329 Phone: (612) 336-3294

I. For further information and reference on the USDA personnel security requirements and forms you can reference the following website: https://www.aphis.usda.gov/aphis/ourfocus/business-services/HRD/Personnel_Security

2.7 Place of Performance and Hours of Operation

Vendor requirements and task shall be performed at NBAF Campus,1980 Denison Ave, Manhattan, KS 66502. Vendor Support shall be provided during regular coverage hours of 8:00 am to 4:00 pm within the CST time zone, Monday through Friday, excluding, federal holidays. Federal Holidays are:

New Year's Day Martin Luther King Day Labor Day Memorial Day Independence Day Thanksgiving Day Columbus Day Veterans Day Juneteenth Day Christmas Day Presidents’ Day

3.0 Administration

3.1 Invoicing

Invoices shall be submitted through the Invoice Processing Platform (www.ipp.gov). Payments shall be made according to the firm fixed prices established in the contract. Invoices shall be submitted in arrears and prepared in accordance with FAR 52.212-4(g).

3.2 Contracting Officer Representative (COR) and Technical Point of Contact The program will designate a COR to coordinate work to be completed under this contract. The name of the COR and a contracting officer delegation letter will be provided to the contractor at contract award.

https://www.aphis.usda.gov/aphis/ourfocus/business-services/HRD/Personnel_Security https://www.aphis.usda.gov/aphis/ourfocus/business-services/HRD/Personnel_Security

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Although the COR shall be the contractor’s main point of contact for coordinating services under this contract, other program personnel may be assisting in coordinating services under this contract. Their names will be provided after award. If other program personnel have contact with the contractor for the purpose of coordinating services, they must include the COR in their communications or advise the COR of any communications with the contractor. The COR does not have authority to modify the contract, only the Contracting Officer does.

Services shall be subject to the technical direction of the Government. The term “technical direction” is defined to include, without limitation:

• Providing direction to the contractor that redirects contract effort, shift work emphasis between work areas or tasks, require pursuit of certain lines of inquiry, fill in details, or otherwise serve to accomplish the contractual requirements.

• Providing written information to the contractor that assists in interpreting specifications or technical portions of the work description.

• Reviewing and, where required by the contract, approving technical information to be delivered by the contractor to the Government.

Technical direction must be within the scope of work. It is the contractor’s responsibility to contact the Contracting Officer immediately in writing if there is even the appearance of any technical direction that is or may be outside the scope of the contract. Upon receiving the notification from the contractor, the Contracting Officer will promptly advise the contractor that (1) technical direction is within the scope of the contract and does not constitute a change; (2) the Government will issue a written modification; or

(3) advise the contractor not to proceed with the instruction or direction by the Government.

A failure of the contractor and Contracting Officer either to agree that the technical direction is within the scope of the contract or to agree upon the contract action to be taken with respect to the technical direction will be subject to the provisions of clause 52.212-4 (d), Contract Terms and Conditions – Commercial Items

Point of Contact Information:

Kim Yen Tu – Contracting Officer Kimyen.n.tu@usda.gov

PH:612-336-3602

Philip Docuett – Applications/Calibration Manager philip.r.doucett@usda.gov

PH: 785-477-9935

Robert Evans – IT Support Lead robert.evans@usda.gov

PH: (785) 712-3312

Barnell Herron Jr – Project Manager barnell.herron@usda.gov PH: barnell.herron@usda.gov mailto:Kimyen.n.tu@usda.gov mailto:philip.r.doucett@usda.gov mailto:robert.evans@usda.gov mailto:barnell.herron@usda.gov

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4.0 Clauses

4.1 Clauses Included by Reference

FAR 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 the clauses may be accessed electronically at these addresses:

http://www.acquisition.gov/far/ and www.usda.gov/procurement/policy/agar.html

NUMBER TITLE DATE

52.212-4 Contract Terms and Conditions—Commercial Items Dec 2022 52.204-13 System for Award Management Maintenance Oct 2018 52.204-18 Commercial and Government Entity Code Maintenance Aug 2020 52.232-40 Providing Accelerated Payments to Small Business Nov 2021

4.2 Clauses Included by Full Text

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders— Commercial Products and Commercial Services (Mar 2023)

(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) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C.

3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (Aug 1996) ( 31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).

http://www.usda.gov/procurement/policy/agar.html

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(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.]

_X_ (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).

__ (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).

__ (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.

_X_ (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.

X__ (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).

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_X_ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Mat 2023)( 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).

_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).

__ (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.)

__ (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.)

_X_ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

_X_ (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.

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_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).

_X_ (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).

__ (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:

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[Contracting Officer check as appropriate.]

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

_X_ (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).

_X_ (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).

_X_ (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).

_X_ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

_X_ (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 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

15 | P a g e 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).

(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).

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(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).

52.237-2 Protection of Government Buildings, Equipment, and Vegetation (Apr 1984) The Contractor shall use reasonable care to avoid damaging existing buildings, equipment, and vegetation on the Government installation. If the Contractor's failure to use reasonable care causes damage to any of this property, the Contractor shall replace or repair the damage at no expense to the Government as the Contracting Officer directs. If the Contractor fails or refuses to make such repair or replacement, the Contractor shall be liable for the cost, which may be deducted from the contract price.

Special Note for Service Contracts Due to the nature of the services being provided under this order, the order is issued with the understanding the Department of Labor Service Contract Act wage determination does not apply to this contract as the services are considered professional in nature. The contractor however is responsible for reviewing FAR clause 52.222-41, Service Contract Labor Standards. If the contractor determines the Service Contract Act applies, the contractor must notify the contracting officer via email and include that information and state the occupation category that applies. If the contractor has questions on this matter, they shall contact the contracting officer for further clarification or contact the Department of Labor.

Applicable Wage Determination: Wage Determination No. 2015-5337 rev.20

452.237-74 --Key Personnel. (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel:

• Designated Onsite Technician

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions.

AGAR 452.204-70, Modification for Contract Closeout (DEVIATION JULY 2022)

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Upon contract closeout for contracts utilizing Simplified Acquisition Procedures (SAP) according to FAR Part 13.

(a) If unobligated funds in the amount of $1000 or less remain on the contract, the Contracting Officer (CO) shall issue a unilateral modification for deobligation. The contractor will receive a copy of the modification but will not be required to provide a signature. The CO shall immediately proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

(b) If unobligated funds of more than $1000 remain on the contract, the CO shall issue a bilateral modification for deobligation. The contractor will receive a copy of the modification and will be required to provide a signature. (The CO may also request a Release of Claims be completed by the contractor, although not required for contract and orders using SAP.) If the bilateral modification and Release of Claims are not returned to the CO within 60 days, the CO shall release the modification as unilateral and proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

5.0 Provision

5.1 Provisions included by Reference

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): Home | Acquisition.GOV

NUMBER TITLE DATE

52.204-7 System for Award Management Oct 2018 52.204-16 Commercial and Government July 2016 52.212-1 Instructions to Offerors -- Commercial Items Nov 2021)

5.2 Provisions included 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—

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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…