Solicitation document.doc

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

2. CONTRACT NO.

3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

19SP5021Q0003

6. SOLICITATION ISSUE DATE

2/10/2021

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Lydia Ruiz

b. TELEPHONE NUMBER(No collect calls)

915872545

8. OFFER DUE DATE/ LOCAL TIME

3/12/2021 / 04:00 p.m.

9. ISSUED BY CODE

UNRESTRICTED OR

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SET ASIDE:____ % FOR:

AMERICAN EMBASSY MADRID

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SMALL BUSINESS

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WOMEN-OWNED SMALL BUSINESS

GSO/Procurement

Serrano, 75

S

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HUBZONE SMALL

BUSINESS

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(WOSB) ELLIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM NAICS:

28006 Madrid

Spain

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SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

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EDWOSB

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8 (A)

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINAT-

TION UNLESS BLOCK IS

MARKED

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SEE SCHEDULE

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

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RFQ FORMCHECKBOX

IFB FORMCHECKBOX

RFP

AMERICAN EMBASSY MADRID

Atn. General Services Office/LR

Serrano, 75

28006 Madrid, SPAIN

17a. CONTRACTOR/

OFFERER

TELEPHONE NO.

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

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

OFFER

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

BELOW IS CHECKED

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SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

MOBILE TELECOMMUNICATIONS SERVICES

(SEE ATTACHED)

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

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

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27a.SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

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ARE FORMCHECKBOX

ARE NOT ATTACHED

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

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ARE FORMCHECKBOX

ARE NOT ATTACHED

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28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN ____ COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

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29. AWARD OF CONTRACT: REF. _________________ OFFER DATED ____________. YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

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

30c. DATE SIGNED

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

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

STANDARD FORM 1449 (REV. 02/2012)

PREVIOUS EDITION IS NOT USABLE

Computer Generated

Prescribed by GSA - FAR (48 CFR) 53.212

TABLE OF CONTENTS

Section 1 - The Schedule

· SF 18 or SF 1449 cover sheet

· Continuation To SF-1449, RFQ Number 19SP5021Q0003, Prices, Block 23

· Continuation To SF-1449, RFQ Number 19SP5021Q0003, Schedule Of Supplies/Services, Block 20 Description/Specifications/Work Statement

· Attachment 1 - Government Furnished Property

· Attachment 2 - US Mission traffic Section 2 - Contract Clauses

· Contract Clauses

· Addendum to Contract Clauses - FAR and DOSAR Clauses not Prescribed in Part 12

Section 3 - Solicitation Provisions

· Solicitation Provisions

· Addendum to Solicitation Provisions - FAR and DOSAR Provisions not Prescribed in Part 12

Section 4 - Evaluation Factors

· Evaluation Factors

· Addendum to Evaluation Factors - FAR and DOSAR Provisions not Prescribed in Part 12

Section 5 - Representations and Certifications

· Representations and Certifications

· Addendum to Offeror Representations and Certifications - FAR and DOSAR Provisions not Prescribed in Part 12

· Attachment 3 – IRS Form W-14

· Attachment 4 – Instructions to Form W-14

SECTION 1 - THE SCHEDULE

CONTINUATION TO SF-1449

RFQ NUMBER 19SP5021Q0003

PRICES, BLOCK 23

JAMES ZADROGA 9/11 VICTIMS HEALTH AND COMPENSATION ACT OF 2010 NOTICE: UNLESS A WAIVER OR EXCEPTION APPLIES, PAYMENTS SUBSEQUENT TO THIS PROCUREMENT ARE SUBJECT TO AN EXCISE TAX OF 2% PERSUANT TO 26 U.S.C. 5000C.

SECTION 1 - THE SCHEDULE

I.

SCOPE OF CONTRACT

The Contractor shall provide mobile telecommunications services to U.S. Mission Spain. The prices listed below shall include all labor, materials, insurance (see FAR 52.228-4 and 52.228-5), overhead, discounts and profit. The Government will pay the Contractor on a monthly basis for Standard Services that have been satisfactorily performed.

The Government intends to use the Government owned equipment listed under Attachment 1 – Government Furnished Property.

Additional Equipment is defined as devices with or without line or additional services. These devices will cover the need of additional equipment for new employees, replacement of worn-out devices and replacement of broken devices that have been connected to the Department of State network. The Contracting Officer may require the Contractor to provide additional equipment with 7 days advance notice.

The Contractor shall include along with its next regular invoice, additional invoices with the devices ordered under Additional Equipment, if applicable. The Contractor shall also include a copy of the Contracting Officer’s written confirmation for the Additional Equipment.

II.

PERIOD OF PERFORMANCE

The contract will be for a one-year period from the date of the contract award, with two one- year options to renew.

III.

PRICING

BASE YEAR OF SERVICE (base period of the contract, starting on the date of contract award and continuing for a period of 12 months)

(A) STANDARD SERVICES - Estimated Quantities:

/GB

Est. Yearly Qty.

Price

Activation Costs

(types as required)

Service Plans

. Unlimited national voice calling

. Unlimited national data at maximum available speed

. Unlimited roaming data/voice within the EU

. Unlimited national SMS

. Voice mail

. MultiSIM

. Minutes for international calling to the US and the countries specified by provider (minimum: 150 minutes)

. Unlimited national voice calling

. Unlimited national data with maximum available speed up to

(minimum: 50GB)

. Unlimited roaming data/voice within the EU

. Unlimited national SMS

. Voice mail

. Minutes for international calling specified by provider

. Minutes for roaming in the U.S.

. Data for roaming in the U.S.

(minimum: 1GB)

. Unlimited national voice calling

. Unlimited national data with

. Unlimited roaming data/voice

. Minutes for international calling specified by provider (minimum: 50 minutes)

. Unlimited national data at maximum available speed

. Unlimited roaming data within the EU

. Unlimited national voice calling

Unit Costs for Service Plan overages

and the countries specified by provider.

Call connection fee

National Services and Services within the EU not included in Service Plans

International Services not included in Service Plans

Zone 5 (as defined by provider)

Roaming Services outside the EU not included in Service Plans

Zone 1 (as defined by provider)

Zone 2 (as defined by provider)

Zone 3 (as defined by provider)

Zone 4 (as defined by provider)

Zone 5 (as defined by provider)

(B) ADDITIONAL EQUIPMENT - Estimated Quantities:

The Contractor shall provide the following Additional Equipment at the below unit price when the Contracting Officer places an order in accordance with FAR 52.216-18 Ordering.

Price

BASE YEAR GRAND TOTAL: Euros _____________.

(058 Base Year Grand Total for Standard Services + 064 Base Year Grand Total for Additional Equipment)

VALUE ADDED TAX. Value Added Tax (VAT) is not included in the CLIN rates. Instead, it will be priced as a separate Line Item in the contract and on Invoices. Local law dictates the portion of the contract price that is subject to VAT; this percentage is multiplied only against that portion. It is reflected for each performance period. The portions of the solicitation subject to VAT are: all portions.

The Government shall place additional equipment orders totaling a minimum of:

. 10 Apple iPhone 11 or last equal model available and approved by the Government

. 2 Samsung Galaxy S20 or last equal model available and approved by the Government

. 1 Apple iPad Pro or last equal model available and approved by the Government

The amount of all additional equipment orders shall not exceed the following quantities:

. 50 Apple iPhone 11 or last equal model available and approved by the Government

. 15 Samsung Galaxy S20 or last equal model available and approved by the Government

. 5 Apple iPad Pro or last equal model available and approved by the Government

During this contract period, the Government shall place orders totaling a minimum of Euros 5,000. This reflects the contract minimum for this period of performance. The amount of all orders shall not exceed Euros 200,000. This reflects the contract maximum for this period of performance.

FIRST OPTION YEAR (12 months period)

STANDARD SERVICES - Estimated Quantities:

Est. Yearly Qty.

Activation Costs

(types as required)

Service Plans

. Unlimited national voice calling

. Unlimited national data at maximum available speed

. Unlimited roaming data/voice within the EU

. Unlimited national SMS

. Voice mail

. MultiSIM

. Minutes for international calling specified by provider

. Unlimited national voice calling

. Unlimited national data with

. Unlimited roaming data/voice

. Minutes for international calling specified by provider

. Minutes for roaming in the U.S.

. Data for roaming in the U.S.

. Unlimited national voice calling

. Unlimited national data with

. Unlimited roaming data/voice

. Minutes for international calling specified by provider

. Unlimited national data at maximum available speed

. Unlimited national voice calling

Unit Costs for Service Plan overages

National Services and Services within the EU not included in Service Plans

International Services not included in Service Plans

Zone 5 (as defined by provider)

Roaming Services outside the EU not included in Service Plans

Zone 1 (as defined by provider)

Zone 2 (as defined by provider)

Zone 3 (as defined by provider)

Zone 4 (as defined by provider)

Zone 5 (as defined by provider)

FIRST OPTION YEAR GRAND TOTAL: Euros _____________.

(058 First Option Year Grand Total for Standard Services)

VALUE ADDED TAX. Value Added Tax (VAT) is not included in the CLIN rates. Instead, it will be priced as a separate Line Item in the contract and on Invoices. Local law dictates the portion of the contract price that is subject to VAT; this percentage is multiplied only against that portion. It is reflected for each performance period. The portions of the solicitation subject to VAT are: all portions.

During this contract period, the Government shall place orders totaling a minimum of Euros 5,000. This reflects the contract minimum for this period of performance. The amount of all orders shall not exceed Euros 200,000. This reflects the contract maximum for this period of performance.

SECOND OPTION YEAR (12 months period)

STANDARD SERVICES - Estimated Quantities:

Est. Yearly Qty.

Activation Costs

(types as required)

Service Plans

. Unlimited national voice calling

. Unlimited national data at maximum available speed

. Unlimited roaming data/voice within the EU

. Unlimited national SMS

. Voice mail

. MultiSIM

. Minutes for international calling specified by provider

. Unlimited national voice calling

. Unlimited national data with

. Unlimited roaming data/voice

. Minutes for international calling specified by provider

. Minutes for roaming in the U.S.

. Data for roaming in the U.S.

. Unlimited national voice calling

. Unlimited national data with

. Unlimited roaming data/voice

. Minutes for international calling specified by provider

. Unlimited national data at maximum available speed

. Unlimited national voice calling

Unit Costs for Service Plan overages

National Services and Services within the EU not included in Service Plans

International Services not included in Service Plans

Zone 5 (as defined by provider)

Roaming Services outside the EU not included in Service Plans

Zone 1 (as defined by provider)

Zone 2 (as defined by provider)

Zone 3 (as defined by provider)

Zone 4 (as defined by provider)

Zone 5 (as defined by provider)

SECOND OPTION YEAR GRAND TOTAL: Euros _____________.

(058 Second Option Year Grand Total for Standard Services)

VALUE ADDED TAX. Value Added Tax (VAT) is not included in the CLIN rates. Instead, it will be priced as a separate Line Item in the contract and on Invoices. Local law dictates the portion of the contract price that is subject to VAT; this percentage is multiplied only against that portion. It is reflected for each performance period. The portions of the solicitation subject to VAT are: all portions.

During this contract period, the Government shall place orders totaling a minimum of Euros 5,000. This reflects the contract minimum for this period of performance. The amount of all orders shall not exceed Euros 200,000. This reflects the contract maximum for this period of performance.

CONTINUATION TO SF-1449

RFQ NUMBER 19SP5021Q0003

INDEFINITE DELIVERY/INDEFINITE QUANTITY CONTRACT

SCHEDULE OF SERVICES, BLOCK 20

1.

PERFORMANCE WORK STATEMENT

This solicitation is for mobile telecommunications services. The U.S. Mission Spain is currently using 390 lines for official purposes. Upon contract award all existing lines will be migrated to the new Contractor retaining the same phone numbers. The Contractor shall provide complete mobile telecommunications services for the U.S. Mission Spain. Equipment and services provided shall include:

· Mobile Telecommunications equipment as ordered under additional equipment for the base contract year and accessories

· Activation and cancellation of lines

· Calls within Spain

· International calls

· International roaming

· Data services

· SMS messaging

· MMS messaging

· Voice mail

· SIM card replacements

· eSIM capability

· MultiSIM service

· 24 hour customer service

· Detailed billing of calls made The Contractor shall ensure that the connection through its network is of the highest quality possible and shall be uninterrupted, clear, and with no static. Network problems shall be remedied immediately, and the COR must be immediately informed of any problems and their resolution.

1.1

EQUIPMENT PACKAGE

The basic package shall include, but is not limited to, the following items:

Mobile Device (Unlocked)

Battery ( at least Li-Ion)

Battery charger

User manual

1.2

ACTIVATION AND CANCELLATION OF LINES

The Contractor shall cancel current lines and activate new lines at any time as per the Government needs.

The contractor shall assure that all US Mission Spain cellular phone numbers are undisclosed.

The Contractor shall provide a minimum stock of 20 SIM cards to the Government in order to activate new lines in a timely manner when necessary.

1.3

CALLS WITHIN SPAIN

The contractor shall ensure on a 24-hour basis at least 90% local network coverage around Spain with special consideration to all urban areas and main traffic routes.

1.4

INTERNATIONAL CALLS

The Contractor shall ensure on a 24-hour basis international connectivity with the USA, all European countries, and all other worldwide countries that telephone services are available.

1.5

INTERNATIONAL ROAMING

The Contractor shall provide as extensive international roaming connectivity as possible, with the special interest of the Government for roaming within all Europe and the USA.

1.6

DATA SERVICES

The Contractor shall provide internet access with 5G or the latest available technology.

1.7

SMS MESSAGING

The Contractor shall provide access to around the clock SMS messaging.

1.8

MMS MESSAGING

The contractor shall provide access to around the clock MMS messaging.

1.9

VOICE MAIL

The Contractor shall provide Voice Mail services in English and Spanish Language. A Voice Mail Box shall be prepared for each number separately as per standard practice.

1.10

SIM CARD REPLACEMENTS

The Contractor shall provide a minimum stock of 20 SIM cards to the Government in order to facilitate SIM card replacements when needed.

1.11 eSIM CAPABILITY

The Contractor shall provide eSIM capability for the devices compatible with this service.

1.12

MULTISIM SERVICE

The Contractor shall provide this service in order for the Government to be able to operate several devices with the same telephone number.

1.13

24 HOUR CUSTOMER SERVICE

The Contractor shall provide technical support for setting up voice mail, roaming questions, questions on the phone features, number changes, lost or stolen telephone reporting, manufacturer’s warranty information, and all other matters concerning the mobile telecommunications services through the Contractor’s Project Manager.

This person shall be named as Key Personnel and his/her name, phone and email address are to be provided. The Project Manager shall be the primary point of contact during business hours.

1.14

DETAILED BILLING

The Contractor shall provide a monthly breakdown of calls made by individual numbers. The breakdown shall clearly show:

Service Plan information

Called Number

Time and Date of the Call

Duration of the Call

Price

1.14.2 The monthly lists of calls made shall be forwarded to the Contracting Officer’s Representative (COR) 2.

INVOICING

(a) The Contractor shall submit monthly invoices to the COR at the address shown in paragraph (d) below within 30 days from the end of each billing period. A proper invoice must include the following information:

· Contractor's name and bank account information for payments by wire transfers

· Invoice Date

· Contract Number

· A summary showing a listing of each cost center with a total price in local currency for each cost center. A detailed breakdown for each cost center has to be attached to each summary and it must include the cost breakdown by each telephone line according to the pricing schedule

· A detailed list of all calls made for each line must be included for each cost center

· Prompt payment discount, if any

· Name, title, phone number, and address of person to contact in case of defective invoice

(b) If an invoice does not contain the above information, the Government reserves the right to reject the invoice as improper and return it to the Contractor within 7 calendars days. The Contractor must then submit a proper invoice within 30 days from the date the invoice was rejected.

(c) The COR will take each summary invoice and furnish the detailed invoice to the appropriate official in each individual cost center. That cost center representative will review the detailed invoice and either approve for payment or advise the COR of the inaccuracies found. It shall be the COR who will interact with the Contractor on any invoice problems.

(d) The Contractor will send all invoices to the following e-mail address:

MadridFMO.facturas@state.gov The Contractor shall also give the Government electronic access to the invoices in .xlsx format file.

(e) Payment shall be made in local currency by Electronic Funds Transfer (EFT) within 30 days after receipt of the proper invoice

(f) The Government will only pay for services that have been included in the contract and have been previously requested. The quantities shown in the pricing schedule are estimates only.

3.

KEY PERSONNEL

3.1 The Project Manager must be able to converse in English and Spanish. The Contractor shall assign to this contract the following key person:

POSITION/FUNCTION ___________________

NAME _________________

3.2 During the first 90 days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is required due to 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 below to the Contracting Officer at least 15 days before making any permanent substitutions.

3.3 After the first 90 days of performance, the Contractor may substitute a key person if the Contractor determines that it is necessary. The Contractor shall notify the Contracting Officer of the proposed action immediately. Prior to making the substitution, the Contractor will provide the information required below to the Contracting Officer.

3.4 The Contractor shall provide a detailed explanation of the circumstances requiring the proposed substitution, a complete resume for the proposed substitute. The proposed substitute shall possess qualifications comparable to the original key person. The Contracting Officer will notify the Contractor of its approval or disapproval of the substitution within 15 calendar days after receiving the required information. The Government will modify the contract to reflect any changes in key personnel.

4.

PERMITS

Without additional cost to the Government, the Contractor shall obtain all permits, licenses, and appointments required for the work under this contract. The Contractor shall obtain these permits, licenses, and appointments in compliance with applicable Spain country laws.

5.

GOVERNMENT FURNISHED PROPERTY

5.1 The Government intends to use Government Owned Equipment as listed in Attachment 1. The contractor shall assist with porting of numbers currently held by Mission Spain. The Contractor shall provide a fully functional SIM card, and appropriate security codes PIN and PUK for all existing Government devices.

5.2 A list of Cell-Phone Types that the Government owns and intends to use with the services provided in this contract is the following:

Apple iPad, Apple iPhone, Samsung Galaxy, Netgear hotspots and modems.

6.

ADDITION OF NEW LINES

The Contractor will provide a minimum stock of 20 SIM cards to the Government in order to activate new lines when necessary. The Contractor shall activate additional lines within 3 hours after receiving the request.

7.

NON-OFFICIAL LINES

This Contract is valid only for official Government needs.

8.

DISCLOSURE OF INFORMATION

Any information made available to the Contractor by the Government shall be used only for the purpose of carrying out the provisions of this contract and shall not be divulged or made known in any manner to any person except as may be necessary in the performance of the contract.

9.

TECHNOLOGICAL REFRESHMENT

After contract award, the Government may; pursuant to FAR clause 52.212-4 - Contract Terms and Conditions –Commercial Items, paragraph (c), Changes; request changes within the scope of the contract. These changes may be required to improve performance or react to changes in technology.

The Contractor may propose for the Government’s technological refreshment, substitutions or additions for any provided products or services that may become available as a result of technological improvements. The Government may, at any time during the term of this contract or any extensions thereof, modify the contract to acquire products which are similar to those under the contract and that the Contractor has, or has not, formally announced for marketing purposes. This action is considered to be within the scope of the contract. At the option of the Government, a demonstration of the substitute product may be required. The Government is under no obligation to modify the contract in response to the proposed additions or substitutions.

Such substitutions or additions may include any part of, or all of, a given product(s) provided that the following conditions are met and substantiated by documentation in the technological refreshment proposal:

(a) The proposed product(s) shall meet all of the technical specifications of this document and conform to the terms and conditions cited in the contract.

(b) The proposed product(s) shall have the capacity, performance, or functional characteristics equal to or greater than, the current product(s).

(c) The proposal shall discuss the impact on hardware, services, and delivery schedules. The cost of the changes not specifically addressed in the proposal shall be borne entirely by the Contractor.

(d) Contractor has the right to withdraw, in whole or in part, any technological refreshment proposal prior to acceptance by the Government. Contractor will use commercially reasonable efforts to ensure that prices for substitutions or additions are comparable to replaced or discontinued products. If a technological refreshment proposal is accepted and made a part of this contract, an equitable adjustment, increasing or decreasing the contract price, may be required and any other affected provisions of this contract shall be made in accordance with FAR clause 52.212-4, paragraph (c), Changes, and other applicable clauses of the contract.

10.

SPECIAL SHORT TERM PROMOTION

For the entire contract duration, the Contractor will offer the U.S. Embassy the option to take advantage of any promotional programs that it offers and that is suited for use by U.S. Embassy staff. The U.S. Embassy, at its own discretion, will have the option to take or reject the opportunity.

11.

DELIVERY ORDERS

The Contracting Officer will issue delivery orders to order phone and services to the Contractor for performance of work under this contract. If an order is given orally, it will be followed up by a written delivery order within 7 days.

12.

EQUIPMENT RETURN/DEFECTIVE POLICY

If a device is defective or is being returned, the device will be exchanged within 7 business days.

13.

CUSTOMER SERVICE CENTERS

The Contractor is to provide a telephone number for the purpose of reporting equipment problems and malfunctions, billing inquiries, and customer question regarding accounts and services.

14.

SURVIVABILITY AND RECOVERY

The Contractor shall have a working system of network survivability in case of emergencies and serious disasters when all networks may be jammed or when parts of the network are destroyed.

The Contractor shall have a recovery plan in place that shall deal with such occurrences.

15.

QUALITY ASSURANCE AND SURVEILLANCE PLAN (QASP)

This plan provides an effective method to promote satisfactory contractor performance. The QASP provides a method for the Contracting Officer's Representative (COR) to monitor Contractor performance, advise the Contractor of unsatisfactory performance, and notify the Contracting Officer of continued unsatisfactory performance. The Contractor, not the Government, is responsible for management and quality control to meet the terms of the contract. The role of the Government is to monitor quality to ensure that contract standards are achieved.

Services.

Performs all services set forth in the scope of work.

SECTION 2 - CONTRACT CLAUSES

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2020)

(a) Definitions. As used in this clause—

Covered foreign country means The People’s Republic of China.

Covered telecommunications equipment or services means–

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means–

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition. 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. The Contractor is prohibited from providing to the Government 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, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in Federal Acquisition Regulation 4.2104.

(c) Exceptions. This clause does not prohibit contractors from providing—

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause

(i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

(End of clause)

52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (OCT 2018) and (deviation 2017-02) (June 2017), is incorporated by reference (see SF-1449, Block 27A) 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (JAN 2021)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Jun 2020) (31 U.S.C. 6101 note).

X_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

__ (10) [Reserved].

__ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Mar 2020) (15 U.S.C. 657a).

__ (ii) Alternate I (Mar 2020) of 52.219-3.

__ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (Mar 2020) of 52.219-4.

__ (13) [Reserved]

__ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-6.

__ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-7.

__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jun 2020) (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 (Jun 2020) of 52.219-9

__ (18) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

__ (ii) Alternate I (Mar 2020) of 52.219-13.

__ (19) 52.219-14, Limitations on Subcontracting (Mar 2020) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Mar 2020) (15 U.S.C. 657f).

__ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Nov 2020) (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 (Mar 2020) (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 (Mar2020) (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 (Mar 2020) (15U.S.C. 637(a)(17)).

__ (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

X_ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan2020) (E.O.13126).

__ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

__ (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

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

__ (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

__ (ii) Alternate I (Jul 2014) of 52.222-35.

__ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

__ (ii) Alternate I (Jul 2014) of 52.222-36.

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

__ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

X_ (35) (i) 52.222-50, Combating Trafficking in Persons (Oct 2020) (22 U.S.C. chapter 78 and E.O. 13627).

__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

__ (36) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

__ (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging…