Solicitation 693JF725Q000003 V10.docx

SOLE SOURCE SOLICITATION 693JF725Q000003

to Deliver and Install an Audio-Visual System at Samuels Hall, United States Merchant Marine Academy (USMMA)

April 18, 2025

The purpose of this Sole Source Solicitation is to award a Firm-Fixed-Price (FFP) Supply Contract for the purchase and installation of an Audio-Visual (A/V) System, under NAICS Code 334310 - Audio and Video Equipment Manufacturing and PSC Code 5830 - Intercommunication and Public Address Systems, Except Airborne. The Solicitation is prepared, processed, and solicited in accordance with Federal Acquisition Regulation (FAR) instructions, to include but not limited to FAR Subpart 13.5 - Simplified Procedures for Certain Commercial Products and Commercial Services, Part 12 - Acquisition of Commercial Products and Commercial Services, and FAR 15 - Contracting by Negotiation.

UNIFORM CONTRACT FORMAT.

For ease of review, this FAR 13.5 processed solicitation follows the layout of the Uniform Contract Format as shown in the Content Listing below.

Section Title

Part I-The Schedule

Part II-Contract Clauses

I Contract clauses

Part III-List of Documents, Exhibits, and Other Attachments

J List of attachments

Part IV-Representations and Instructions

Part I – THE SCHEDULE

SECTION A – SOLICITATION/CONTRACT FORM

The Sole Source Request for Proposal (RFP) Date of Issuance, Closing Date, and Time is stated at Combined Synopsis/Solicitation 693JF725Q000003, which is posted to Government-wide Point of Entry (GPE), System for Award Management (SAM). In its response to the solicitation and any amendments, the Contractor shall provide its Corporate (Company) name, SAM Unique Entity ID (UEI), Complete Address with ZIP Code, Email Address, and company principals for this solicitation, to include emails and telephone numbers. The Contractor will also provide an Offer Expiration Date of at least thirty (30) days.

The Contractor must read, comply, and submit a technical, past performance, and price proposal in accordance with the Solicitation instructions in general, and Section L Instructions and Section M Evaluation Factors in particular.

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

The US Department of Transportation (DOT) Maritime Administration (MARAD) intends to award a Sole Source, Firm-Fixed-Price (FFP), Supply Contract for an A/V System to be procured, shipped, delivered, and installed in the Samuels Hall Building Complex at the US Merchant Marine Academy (USMMA), Kings Point, New York. The requirement will consist of two phases, of which Phase 1 will be the priced portion of the RFP. Phase 2 pricing will be provided after contract award and as part of the Phase 1 deliverable product.

In Phase 1, the Contractor shall develop a Samuels Hall Audio/Visual System Implementation Plan (A/V SIP) that includes narrative plan, design, drawings, item specifications (including software), and milestone schedule for Government review and approval.

In Phase 2, the Contractor shall execute the approved A/V SIP, to include procure, ship, deliver, install, integrate, test, commission, and turnover a fully functional A/V System to Samuels Hall.

The Contract Line Item Numbers aligned with Phase 1 and Phase 2 are:

Item 0001. Phase 1: Produce the Samuels Hall Audio/Visual System Implementation Plan (A/V SIP).

Item 00002. Phase 2. Procure, Deliver, Install, Integrate, Test, and Turnover Fully Operable A/V System.

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

STATEMENT OF WORK

BACKGROUND

The Samuels Hall Building Complex, located at the United States Merchant Marine Academy (USMMA), Kings Point, NY is currently undergoing extensive general renovations, with the additional requirement for the delivery and installation of a fully functional Audio-Visual (A/V) System.

The USMMA is operated by the US Department of Transportation (DOT), Maritime Administration (MARAD). The campus consists of 82 acres along the Long Island waterfront, approximately 50 buildings, waterfront structures and facilities, various berthed training ships and small craft, and athletic fields. The USMMA is in operation 365 days a year, 24 hours a day, with contractor work typically reserved to normal working hours as described in the Statement of Work (SOW).

The USMMA is listed on the National Register of Historic Places. Therefore, all work performed at the USMMA shall be consistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties (36 CFR part 68). See http://www.nps.gov/tps/standards/four-treatments/treatment-guidelines.pdf. All work shall meet or exceed the standards provided in the Secretary of the Interior’s Standards for Rehabilitation and guidelines for applying the standards published by the National Park Service, U.S. Department of the Interior 36 CFR 67.7 - Standards for rehabilitation.

The Contractor performing the work shall be licensed to perform work in Nassau County, New York. Work performed by the contractor shall be in accordance with applicable New York State and federal work codes, OSHA and Environmental Protection Agency laws, and federal acquisition regulations pertaining to Information Technology.

OBJECTIVE

To procure, deliver, install, and turnover a fully functional A/V System in the Samuels Hall Building Complex.

SCOPE

The USMMA seeks a qualified, licensed, and insured contractor to provide the management oversight, technical expertise, flexibility, labor, material, transportation, tools, supplies, and equipment to procure, delivery, install, and turnover to the Government an operational A/V System in Samuels Hall. The basis for the design, delivery, and installation of an A/V System is Bulletin No. 11, Rev. 1, Samuels Hall Project, Project No. 20-043, dated 01/09/2024 (Bulletin 11). In Phase 1, the Contractor shall use Bulletin 11 as a roadmap to study the A/V System requirement, but the A/V SIP shall propose a feasible, fixed-price, cost-effective solution to satisfy said requirement. If the Contractor determines that certain items or functionality proposed in Bulletin No. 11 are unnecessary to stated requirements, the Contractor shall seek clarification from the Government during the Phase I planning and design process, and state and depict as much in the A/V SIP for Government review, consideration, and approval.

The contract shall be broken into two phases:

· Item 0001. Phase 1: Produce the Samuels Hall Audio/Visual System Implementation Plan (A/V SIP). The Contractor shall research, prepare, and submit for Government review and approval the A/V SIP within sixty (60) calendar days from the contract award date. The A/V SIP shall include a narrative implementation plan, drawings, designs, A/V specification lists, fixed-price proposal, and the Milestone Schedule.

· The Contractor shall email an informal Weekly Situation Report (SITREP) to the stated review distribution list shown at the bottom of this section. The SITREP shall include the contract award number and titled: A/V SIP Weekly Situation Report. The SITREP shall provide a summary of progress, identify risks, recommend mitigation measures, identify shortcomings, resources needed, etc.

· The Contractor shall host a weekly, one-hour working group with the Government to discuss progress, identify risks, request assistance or information, respond to queries, etc.

· The Contractor shall perform a critical analysis and detailed review of Attachment 1, Bulletin No. 11, Rev. 1, Samuels Hall Project, Project No. 20-043, dated 01/09/2024 (Bulletin 11) to identify the salient functions required for a fully operation A/V System that satisfy stated requirements.

· The Bulletin No. 11 analysis will include developing recommendations for removal of unnecessary A/V functionality provided in Bulletin 11 or from other information provided by the Government related to Bulletin 11. The analysis will include recommendations for additions required to implement a fully operational A/V System.

· The Contractor shall analyze and provide recommended changes to Attachment 2 – A/V System - Trades Responsibilities in order to correctly assign responsibilities between the AV effort and supporting non-A/V IT and GC trade work.

· The Contractor shall incorporate the updated Attachment 2 into the A/V SIP.

· The A/V SIP shall include narrative descriptions and detailed specifications for all A/V specific material and services required,

· The A/V SIP shall identify non-A/V infrastructure components required for the A/V System to function (electricity, cabling, racks, etc.), and provide a narrative description and/or specifications as required.

· The A/V SIP shall include designs and drawings that present the solution and shall provide finite details down to OEM component, subcomponent, model numbers, etc.

· The Milestone Schedule shall reflect all aspects related to project execution, to include physical and electronic delivery dates, non-A/V supporting tasks (IT and GC tasks) completion deadlines, dependencies of the A/V and non-A/V supporting tasks such as cabling and electrical work to the project schedule, schedule constraints and risks therein, projected operational test, punch list period, final demonstration, training, telephone call-in period, turnover, etc.

· The A/V SIP shall provide an itemized, subtotaled, and total price for labor and material. Fully burdened labor rates should be shown at the prime and subcontractor level.

· The A/V SIP shall have shipping included in the price and not shown as a separate line item.

· The A/V SIP shall have a separate alternate shipping price reflecting accelerated shipping if desired.

· No later than sixty (60) days from commencing Item 00001, Phase 1, the Contractor shall email the draft A/V SIP for review to the following distribution list: the Contracting Officer, the MARAD CIO, other MARAD CIO identified technical points of contact (TPOCs), the Contracting Officer’s Representative (COR), the Government Project Manager (PM), the General Contractor (GC), the Architecture and Engineering (A&E) Contractor, the Construction Manager (CM), and any others that may be deemed necessary by the Contracting Officer.

· Upon receiving the Government comments, the Contractor shall have one (1) week to address said comments and return the A/V SIP for final Government review and approval, if possible.

· Item 00002. Phase 2: Procure, Deliver, Install, Integrate, Test, and Turnover Fully Operable A/V System. The Contractor shall:

· Procure approved A/V SIP equipment, hardware, software, and electronics,

· Ensure all installation and integration material and actions are in accordance with the A/V SIP,

· Install and integrate said A/V components into the building’s physical, electrical, and network systems,

· Perform Operational Test of the A/V System with Government observation,

· Correct shortcomings identified in the Operational Test and Government punch list items,

· Demonstrate A/V System functionality subsequent to corrections,

· Provide up to one week of familiarization training to the A/V System Administrators,

· Provide Sixty (60) days of telephonic support to A/V System Administrators,

· Provide One (1) year Contractor warranty for Contractor workmanship,

· Provide Original Equipment Manufacturer (OEM) warranties,

· Provide all A/V System documentation, to include OEM documents and warranty information, to the A/V System Administrators,

· Prior to final invoice, the Contractor must receive Government Acceptance for a fully tested and operational A/V System that is subsequently turned over and accepted by the Government.

The Contractor shall ensure its proposal complies with relevant Industry and federal IT, Telecommunications, Security, and Accessibility laws, regulations, clauses, and standards, to include the Federal Acquisition Regulation (FAR) and DOT supplementary regulations, clauses, instructions, and standards provided in the solicitation. Regulatory instruction to consider and may or not be applicable to the A/V System requirement include:

Section 889 of the National Defense Authorization Act (NDAA).

The increasing reliance on foreign-owned or controlled equipment and services, and reliance on those that present national security concerns, creates vulnerabilities in U.S. supply chains. The John S. McCain National Defense Authorization Act (NDAA), Section 889 includes two prohibitions regarding certain telecommunications and video surveillance equipment and services (telecom) under Parts A and B, which are addressed in this solicitation and to which the Contractor must complete. The Contractor proposal must complete the two pertinent provisions provided at Section K.

Section 508 Amendment to the 1973 Rehabilitation Act.

In 1998, Congress amended the Rehabilitation Act of 1973 to “require Federal agencies to acquire electronic and information technology (EIT) accessible to people with disabilities.” The Section 508 amendment applies to all Federal agencies that develop, procure, maintain, or use electronic and information technology. The U.S. Access Board defines Information and Communication Technology (ICT) as any “information technology and other equipment, systems, technologies, or processes, for which the principal function is the creation, manipulation, storage, display, receipt, or transmission of electronic data and information, as well as associated content. Section 508 applies to all items that fall within the definition of ICT. The Contractor shall identify Section 508 Amendment provisos, if applicable, which shall be reflected in A/V SIP specifications.

DOT Transportation Acquisition Regulation (TAR) provision, TAR 1252.239–92 Information and Communication Technology Accessibility Notice, is provided below in FULL TEXT. The Contractor shall comply with the provision’s Section 508 requirements, as noted in TAR 1252.239–92 (b) and (c). Note that TAR Clause, TAR 1252.239–93 Information and Communication Technology Accessibility (NOV 2022), replaces said provision in Full Text at contract award.

TAR 1252.239–92 Information and Communication Technology Accessibility Notice (NOV 2022)

(a) Any Contractor responding to this solicitation must comply with established DOT Information and Communication Technology (ICT) (formerly known as Electronic and Information (EIT)) accessibility standards. Information about Section 508 is available at https://www.section508.gov/.

(b) The Section 508 accessibility standards applicable to this solicitation are stated in the clause at 1252.239–93, Information and Communication Technology Accessibility. In order to facilitate the Government's determination whether proposed ICT supplies and services meet applicable Section 508 accessibility standards, Contractors must submit appropriate Section 508 Checklists, in accordance with the checklist completion instructions. The purpose of the checklists is to assist DOT acquisition and program officials in determining whether proposed ICT supplies or information, documentation and services support conform to applicable Section 508 accessibility standards. The checklists allow Contractors or developers to self-evaluate their supplies and document—in detail—whether they conform to a specific Section 508 accessibility standard, and any underway remediation efforts addressing conformance issues.

(c) Respondents to this solicitation must identify any exception to Section 508 requirements. If a Contractor claims its supplies or services meet applicable Section 508 accessibility standards, and it is later determined by the Government, i.e., after award of a contract or order, that supplies or services delivered do not conform to the described accessibility standards, remediation of the supplies or services to the level of conformance specified in the contract will be the responsibility of the Contractor at its expense.

(End of provision)

Federal Information Processing Standards (FIPS) 140-3

The Contractor shall also ensure that its products adhere to FIPS 140-3 as paraphrased: “Federal Information Processing Standards FIPS 140-3 identifies the Cryptographic Module Validation Program (CMVP), a joint effort of the US and Canadian governments, as the validation authority for implementing a program utilizing the ISO/IEC 19790:2012 requirements standard and ISO/IEC 24759:2017 derived test methods. The standard also established the CMVP technical requirements to be contained in NIST Special Publications: SP 800-140, SP 800-140A, SP 800-140B, SP 800-140C, SP 800-140D, SP 800-140E,and SP 800-140F. These security requirements must be satisfied by a cryptographic module utilized within a security system protecting sensitive but unclassified information (hereafter referred to as sensitive information). This standard will supersede FIPS 140-2, Security Requirements for Cryptographic Modules, in its entirety.”

In the A/V SIP, the Contractor shall identify software components subject to FIP 140-3 and follow instructions at the Cybersecurity & Infrastructure Security Agency (CISA) website to download respective software company Secure Software Development Attestation Form. A copy of each form will be included as an attachment to the A/V SIP.

SECTION D - PACKAGING AND MARKING

The Contractor shall package all supplies in accordance with standard commercial practices customary for similar shipments. Each master box or container shall include a bill of lading and packing list indicating shipping order number, description, quantity, other identifying information, to include the DOT MARAD Contract Number. The Contractor shall clearly mark the master box or container and interior boxes and packages in accordance with applicable laws. All costs, fines, or penalties incurred or assessed due to improper packing or marking will be the Contractor’s responsibility.

SECTION E - INSPECTION AND ACCEPTANCE

The Government reserves the right to inspect any supplies that have been tendered for acceptance. The Government may require the repair or replacement of nonconforming supplies at no increase in contract price.

SECTION F - DELIVERIES OR PERFORMANCE

The Contractor shall deliver products by the date specified on in this solicitation for Phase 1, and as depicted in the Contractor proposed and Government approved A/V SIP Milestone Schedule. The Contractor shall immediately inform the Government PM and COR if and when items are projected not to arrive by scheduled date. Items shall be shipped via Free on Board (FOB) Destination and not FOB Origin.

SECTION G - CONTRACT ADMINISTRATION DATA

All matters related to the solicitation shall be submitted or coordinated with the Contracting Officer below.

Theodore Nigro, Contracting Officer US Department of Transportation Maritime Administration Office of Acquisition, MAR-380 1200 New Jersey Avenue SE Washington, DC 20590 E-mail: theodore.nigro@dot.gov

MARAD Delphi eInvoicing Instruction

DOT utilizes the Delphi eInvoicing web portal for processing invoices. Access to Delphi eInvoicing web portal is granted with electronic authentication of credentials (name & valid email address) utilizing the GSA credentialing platform login.gov. For vendors submitting invoices or payment requests, they will be required to submit invoices via the Delphi eInvoicing web portal which is authenticated via www.login.gov.

Vendors must meet the following minimum requirements to submit invoices through the Delphi eInvoicing web-portal:

1. Vendors shall have electronic internet access to register in the U.S. General Services Administration’s (GSA) Login.gov and to the Delphi eInvoicing web portal;

2. The identity of system users will be verified prior to receiving access to the Delphi eInvoicing web-portal via registration with login.gov. Information required for Login.gov includes his/her email address, full name, phone number, and password;

3. Once notified by their agency POC, system users shall register with and create an account with GSA Login.gov. System users will provide his/her email address and receive an email back to confirm. They will then create a password and input a telephone number and opt to receive either a personal call from Login.gov or text message with an authentication code;

4. Once the user is authenticated in Login.gov, he/she shall work with their agency POC to request access to the Delphi eInvoicing web portal. The POC will complete a Delphi eInvoicing web-portal User Access Request (UAR) to include the users full name, contact phone number, work e-mail address. Additionally, the agency POC will include the vendor name, purchase order (contract) numbers (or supplier number) and agency doing business with to complete and electronically submit the UAR for processing;

5. Once the UAR is submitted, it will be electronically approved by the Access Control Officer (ACO) assigned to OA associated with the contract award or grant and then forwarded to the Delphi eInvoicing helpdesk to create the account. Once the account is created an e-mail will be generated to the user with instruction on accessing their Delphi eInvoicing web portal account. An e-mail will also be sent to the agency POC who initiated the UAR.

A. Definition.

Payment request, as used in this subpart, means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation.

B. Electronic payment requests—invoices.

(a) Requirements. Contracts shall require the electronic submission of payment requests, except for—

(1) Purchases paid for with a Governmentwide commercial purchase card;

(2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise classified information or national security; or

(3) As directed by the contracting officer to submit payment requests by mail.

(b) Alternate procedures. Where a contract requires the electronic submission of invoices, the contracting officer may authorize alternate procedures only if the contracting officer makes a written determination that the Department of the Transportation (DOT) is unable to receive electronic payment requests or provide acceptance electronically and it is approved one level above the contracting officer.

For contractors/vendors who are unable to utilize DOT’s Delphi eInvoicing web-portal, waivers may be considered on a case-by-case basis. Vendors should contact the Contracting Officer’s Representative for assistance and reach out to the Accounts Payable department for review and approval.

(c) DOT electronic invoicing system. DOT utilizes the Delphi eInvoicing web portal to facilitate the electronic submission and approval of vendor invoices and certain grantee payment requests. Except as provided in paragraphs (a) and (b) of this section, contracting officers and DOT finance officials shall process electronic payment submissions through the Delphi eInvoicing web portal. If the requirement for electronic submission of payment requests is waived under paragraph (a) or paragraph (b) of this section, the contract or alternate payment authorization, as applicable, shall specify the form and method of payment request submission.

C. Electronic authentication.

Access to Delphi eInvoicing is granted with electronic authentication of credentials (name & valid email address) utilizing the GSA credentialing platform login.gov. For vendors submitting invoices, they will be required to submit invoices via the Delphi eInvoicing web portal which is authenticated via login.gov.

D. Contract clause.

Contracting officers shall insert the clause provided in the below Section E, into solicitations and contracts exceeding the micro-purchase threshold, except those that the contracting officer has directed or approved otherwise under the above Section B, and those paid with a Governmentwide commercial purchase card.

E. Electronic Submission of Payment Requests.

(a) Definitions. As used in this clause—

(1) Contract financing payment has the meaning given in FAR 32.001.

(2) Payment request means a bill, voucher, invoice, or request for contract financing payment or invoice payment with associated supporting documentation. The payment request must comply with the requirements identified in FAR 32.905(b), “Content of Invoices,” this clause, and the applicable Payment clause included in this contract.

(3) Electronic form means an automated system transmitting information electronically per the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests.

(4) Invoice payment has the meaning given in FAR 32.001.

(b) Electronic payment requests. Unless contractually stated otherwise, the contractor shall submit payment requests in electronic form. Purchases paid with a Governmentwide commercial purchase card are considered an electronic transaction for purposes of this rule, and no additional electronic invoice submission is required.

(c) Delphi eInvoicing web portal. The Department of Transportation utilizes the Delphi eInvoicing web-portal for processing invoices. Vendor submitted invoices, and certain grantees submitting payment requests, will be submitted via Delphi eInvoicing, which is accessed and authenticated via www.login.gov.

(d) Invoice Content Requirements. To receive payment and in accordance with the Prompt Payment Act and FAR 32.905 Payment documentation and process, invoices will be submitted as attachments in the Delphi eInvoicing web-portal. Payment will be based on receipt of a proper invoice and satisfactory contract performance. Excluding interim payments on cost reimbursement contracts for services, A PROPER INVOICE MUST INCLUDE THE FOLLOWING ITEMS:

· Name and address of the contractor.

· Invoice date and invoice number. (Date invoices as close as possible to the date of mailing or transmission.)

· Contract number or other authorization for supplies delivered or services performed (including order number and contract line item number).

· Description, quantity, unit of measure, unit price and extended price of supplies delivered, or services performed.

· Shipping and payment terms (e.g., shipment number and date of shipment, discount for prompt payment terms). Bill of lading number and weight of shipment will be shown for shipments on Government bills of lading.

· Name and address of contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment).

· Name (where practicable), title, phone number and mailing address of person to notify in the event of a defective invoice.

F. REGISTRATION.

Payment system registration. All persons accessing the Delphi eInvoicing web-portal will be required to have their own unique user Delphi eInvoicing ID and password and be credentialed through login.gov.

(a) Electronic authentication. See www.login.gov for instructions. Click on the following link for instructions on establishing a login.gov account: https://login.gov/help/creating-an-account/how-do-i-create-an-account-with-logingov/.

(b) To create a login.gov account, the user will need a valid email address and a working phone number. The user will create a password and then login.gov will reply with an email confirming the email address.

(c) Agency POC’s will be responsible for communicating with vendor POC’s to initiate the Delphi eInvoicing account creation process. Vendor POC’s who will require access to the eInvoicing web-portal for invoice submission and payment tracking purposes will be required to provide their full name, valid email address, and current phone number to the agency POC to initiate the Delphi eInvoicing web-portal account. Vendor users and the agency POC will be notified via e-mail when the account is created. The vendor user will be provided detailed instructions for logging into their Delphi eInvoicing account.

(d) Training on Delphi. To facilitate use of DELPHI, comprehensive user information is available at http://einvoice.esc.gov.

(e) Account Management. Vendors are responsible to contact the Delphi Help Desk when their firm’s points of contacts will no longer be submitting invoices so they can be removed from the system. Instructions for contacting the Delphi Help Desk can be found at http://einvoice.esc.gov.

Points of Contact:

Vendor coordinator:

Primary: Felicia Eberling: Felicia.Eberling@dot.gov Alternate: Henry Puppe: Henry.Puppe@dot.gov

Procuring Contracting Officer:

Theodore Nigro: Theodore.Nigro@dot.gov

SECTION H - SPECIAL CONTRACT REQUIREMENTS

REQUIREMENT FOR INSURANCE

In accordance with FAR 52.228-5, Insurance - Work on a Government Installation (JAN 1997), the Contractor shall furnish to the Contracting Officer a certificate of insurance, identified by contract number, as evidence of the existence of the following minimum insurance coverages. The contractor shall, at its own expense, provide at least the kinds and minimum amounts of insurance required below:

General Liability

Workmen's Compensation--As required by Federal and State Law.

The certificate of insurance shall also indicate that a 30-day notice of cancellation applies. Any cancellation or material change, adversely affecting the Government’s interest, shall not be effective until 30 days after the insurer or Contractor gives written notice to the Contracting Officer.

A certificate of insurance must be emailed to the Contracting Officer within ten (10) calendar days after award of the contract.

Part II-C

CONTRACT CLAUSES

SECTION I – CONTRACT CLAUSES

Note 1. Federal Acquisition Regulation (FAR) and Transportation Acquisition Regulations (TAR) Provisions and Clauses are Incorporated by Reference and provided in Full Text. FAR Provisions and Clauses take precedence over DOT Provisions and Clauses, unless otherwise stated.

Note 2. System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in DOT solicitations. Examples include:

· 52.222-25, Affirmative Action Compliance, and

· 52.212-3(d), Offeror Representations and Certifications—Commercial Products and Commercial Services.

· 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals—Representation,

· And paragraph (t) of 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services.

Contracting officers will not need to consider these representations when making award decisions or enforce requirements. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.

Note 3. Please be aware that:

· FAR subparts 22.13, Equal Opportunity for Veterans, and 22.14, Employment of Workers with Disabilities, and their related provisions and clauses, are based on statute, and are not covered by the revocation of E.O. 11246, and thus are not affected by this FAR class deviation.

· Existing United States laws on civil rights/nondiscrimination apply whether or not the company is a government contractor.

FAR PROVISIONS - FULL TEXT

52.204-20 Predecessor of Offeror. Aug-20

(a)Definitions. As used in this provision–

Commercial and Government Entity (CAGE) code means–

(1)An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or

(2)An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

(b)The Offeror represents that it □ is or □ is not a successor to a predecessor that held a Federal contract or grant within the last three years.

(c)If the Offeror has indicated "is" in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):

Predecessor CAGE code:____________ (or mark "Unknown").

Predecessor legal name: ____________.

(Do not use a "doing business as" name).

(End of provision)

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. Nov-21

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

(a)Definitions. As used in this provision—

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

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

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

(2)Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

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

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

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

(d)Representation. The Offeror represents that—

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

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

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

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

(i)For covered equipment—

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

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

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

(ii)For covered services—

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

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

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

(i)For covered equipment—

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

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

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

(ii)For covered services—

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

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

(End of provision)

52.204-26 Covered Telecommunications Equipment or Services-Representation. Oct-20

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

(a)Definitions. As used in this provision—

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

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

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

(2)Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

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

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

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

(d)Representation. The Offeror represents that—

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

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

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

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

(i)For covered equipment—

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

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

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

(ii)For covered services—

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

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

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

(i)For covered equipment—

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

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

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

(ii)For covered services—

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

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

(End of provision)

52.204-29 Federal Acquisition Supply Chain Security Act Orders-Representation and Disclosures. Oct-20

(a)Definitions. As used in this provision, Covered article, FASCSA order, Intelligence community, National security system, Reasonable inquiry, Sensitive compartmented information, Sensitive compartmented information system, and Source have the meaning provided in the clause 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.

(b)Prohibition. Contractors are prohibited from providing or using as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the prohibition is set out in an applicable Federal Acquisition Supply Chain Security Act (FASCSA) order, as described in paragraph (b)(1) of FAR 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.

(c)Procedures. (1)The Offeror shall search for the phrase “FASCSA order” in the System for Award Management (SAM)( https://www.sam.gov) for any covered article, or any products or services produced or provided by a source, if there is an applicable FASCSA order described in paragraph (b)(1) of FAR 52.204-30, Federal Acquisition…