Solicitation - FA461326Q0005.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30. 1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER 5. SOLICITATION NUMBER

FA461326Q0005

6. SOLICITATION ISSUE DATE

11 Mar 2026

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

MEGAN EVANS

b. TELEPHONE NUMBER (no collect calls) 307-773-6645

8. OFFER DUE DATE/

LOCAL TIME

18 Mar 2026

11:00 AM

9. ISSUED BY CODE: FA4613

FA4613 90 CONS PK

CP 307 773 3888, 7505 BARNES LOOP BLDG 208

FE WARREN AFB, WY 82005-2860

UNITED STATES

MEGAN EVANS, Email: megan.evans.3@us.af.mil Telephone: 307-773-6645 Liezel McIntyre, Email: liezel.mcintyre@us.af.mil Telephone: (307) 773-3411

10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR: 100

SMALL BUSINESS WOMEN-OWNED SMALL

BUSINESS (WOSB)

NORTH AMERICAN

INDUSTRY

CLASSIFICATION

STANDARD (NAICS):

333310

HUBZONE SMALL

BUSINESS

ECONOMICALLY

DISADVANTAGED WOMEN-

OWNED SMALL BUSINESS

(EDWOSB)

SIZE STANDARD:

SERVICE-DISABLED

VETERAN-OWNED SMALL

BUSINESS (SDVOSB)

8(A)

11. DELIVERY FOR FREE ON

BOARD (FOB) DESTINATION

UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS 13a.THIS CONTRACT IS A

RATED ORDER UNDER

THE DEFENSE PRIORITIES

AND ALL ALLOCATIONS

SYSTEM-DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

REQUEST FOR

QUOTE (RFQ)

INVITATION

FOR BID (IFB)

REQUEST FOR

PROPOSAL (RFP)

15. DELIVER TO CODE:

See Schedule

16. ADMINISTERED BY CODE:

17a. CONTRACTOR/

OFFERER

CODE FACILITY

CODE:

TELEPHONE NUMBER

18a. PAYMENT WILL BE MADE BY CODE:

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 SEE ADDENDUM

19.

ITEM NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT

PRICE

24.

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

See Section G - Contract Administration Data

26. TOTAL AWARD AMOUNT (For Government Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR

52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE ARE NOT ATTACHED

27b.CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR52.212-4. FAR52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

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

29. AWARD OF CONTRACT: REFERENCE OFFER DATED . YOUR

OFFER ON SOLICITATION (BLOCK 5), INCLUDING ANY ADDITIONS OR

CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

See Schedule

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

31c. DATE SIGNED

COMPUTER GENERATED STANDARD FORM 1449 (REV. 11/2021)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

Solicitation/Contract Form PKAB Self Contained Breathing Apparatus (SCBA) Pack Decon Washer (Commodity)

Product Service Code: 3510

FA461326Q0005

Supplies or Services & Prices or Costs Additional Information/Notes

Item Supplies / Services Quantity Unit Unit Price Amount

SCBA Pack Decon Washer for MSA G1 XR SCBA or MSA Certified Equal including;

- at a minimum heavy duty basket with holder for 2-Single or double SCBA packs

- at a minimum holder for 2-Large air cylinders (jumbo flasks)

- at a minimum gear holder for gloves, boots, facemasks, helmet, regulators and pressure connectors

- at a minimum capability for fluid dispense measurement

- compatible MSA tested detergent

- single-phase 208/240 40amp

- MSA tested to be compatible to clean G1 XR SCBA packs and accessories

Product Service Code: 3510 Claimant Program Code: C9E Pricing Arrangement: Firm Fixed Price

1 Each

Shipping, Installation, and Operational Training

Product Service Code: N099 Claimant Program Code: C9E Pricing Arrangement: Firm Fixed Price

1 Each

MSA Tested G1 SCBA Pack Washing and Decon Kit or Equal

Product Service Code: 3510 Claimant Program Code: C9E Pricing Arrangement: Firm Fixed Price

2 Each

Description/Specifications/Statement of Work

Requirements Contractor is to purchase, ship and install brand name or equal items for a self-contained breathing apparatus (SCBA) pack washer, corresponding decontamination kits and train end user on operational functions.

Packaging and Marking

Inspection and Acceptance Overall Contract Inspection/Acceptance Locations

Inspection and Acceptance Location

Both Destination Instructions: See Contract Terms and Conditions for Inspection and Acceptance criteria.

DoDAAC: F1Y3DA CountryCode: USA

90 CES

AF BPN NO MILSBILLS PROCESSES, 300 VESLE DR

FE WARREN AFB, WY 82005-2782

UNITED STATES

SrA Christopher Garcia Email: christopher.garcia.74@us.af.mil Telephone: 3077732931

Inspection and Acceptance Location

Both Destination Instructions: See Statement of Work (SOW) or Performance Work Statement (PWS) for Acceptance/inspection criteria.

DoDAAC: F1Y3DA CountryCode: USA

90 CES

AF BPN NO MILSBILLS PROCESSES, 300 VESLE DR

FE WARREN AFB, WY 82005-2782

UNITED STATES

SrA Christopher Garcia Email: christopher.garcia.74@us.af.mil Telephone: 3077732931

Inspection and Acceptance Location

Both Destination Instructions: See Contract Terms and Conditions for Inspection and Acceptance criteria.

DoDAAC: F1Y3DA CountryCode: USA

90 CES

AF BPN NO MILSBILLS PROCESSES, 300 VESLE DR

FE WARREN AFB, WY 82005-2782

UNITED STATES

SrA Christopher Garcia Email: christopher.garcia.74@us.af.mil Telephone: 3077732931

Deliveries or Performance

Line Item Delivery Schedule Quantity Address and POC Special Handling/Notes

Delivery Schedule From date of lead time event to date of latest delivery 90 Calendar Days Date of Award

1 Each Place of Performance DoDAAC: F1Y3DA CountryCode: USA

90 CES

AF BPN NO MILSBILLS PROCESSES, 300

VESLE DR

FE WARREN AFB, WY 82005-2782

UNITED STATES

FoB Details Contractor Destination

Delivery Schedule From date of lead time event to completion of performance 90 Calendar Days Date of Award

1 Each Place of Performance DoDAAC: F1Y3DA CountryCode: USA

90 CES

AF BPN NO MILSBILLS PROCESSES, 300

VESLE DR

FE WARREN AFB, WY 82005-2782

UNITED STATES

Delivery Schedule From date of lead time event to date of latest delivery 90 Calendar Days Date of Award

2 Each Place of Performance DoDAAC: F1Y3DA CountryCode: USA

90 CES

AF BPN NO MILSBILLS PROCESSES, 300

VESLE DR

FE WARREN AFB, WY 82005-2782

UNITED STATES

FoB Details Contractor Destination

Contract Administration Data

DFARS Clauses Incorporated by Reference

Number Title Effective Date Alternate/ Deviation

Variation Effective Date

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018

DFARS Clauses Incorporated by Full Text

252.232-7006 Wide Area WorkFlow Payment Instructions. (Jan 2023)

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

(a) As used in this clause- Definitions.

"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely identifies a unit, activity, or organization.

"Document type" means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

"Local processing office (LPO)" is the office responsible for payment certification when payment certification is done external to the entitlement system.

"Payment request" and "receiving report" are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Electronic invoicing.

Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) To access WAWF, the Contractor shall- WAWF access.

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before WAWF training.

submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/

(e) Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol. WAWF methods of document submission.

(f) The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract WAWF payment instructions.

or task or delivery order:

(1) The Contractor shall submit payment requests using the following document type(s): Document type.

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items-

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

Invoice 2 in 1

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

N/A

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial financing, submit a commercial financing request.

(2) ) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

[Note: The Contractor may use a WAWF "combo" document type to create some combinations of invoice and receiving report in one step.]

(3) The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment Document routing.

requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC F87700

Issue By DoDAAC FA4613

Admin DoDAAC FA4613

Inspect By DoDAAC FA4613/F1Y3DA

Ship To Code N/A

Ship From Code N/A

Mark For Code N/A

Service Approver (DoDAAC) FA4613/F1Y3DA

Service Acceptor (DoDAAC) FA4613/F1Y3DA

Accept at Other DoDAAC N/A

LPO DoDAAC N/A

DCAA Auditor DoDAAC N/A

Other DoDAAC(s) N/A

(4) The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the Payment request.

payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F. Receiving report.

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.

Contracting Officer: Liezel McIntyre liezel.mcintyre@us.af.mil

Contract Specialist: Megan Evans megan.evans.3@us.af.mil

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

(End of clause)

Special Contract Requirements Operational Security (OPSEC)

The contractor shall adhere to the following minimum requirements in support of this requirement:

1. All contractors, subcontractors, their employees, associates, and consultants who have access to critical information and indicators must comply with the Air Force-sponsored Operations Security(OPSEC) program.

2. OPSEC is an information-related capability that preserves friendly essential secrecy by using a process to identify, control, and protect critical information and indicators.

If critical information and indicators are disclosed, it could allow adversaries or potential adversaries to identify and exploit friendly vulnerabilities leading to increased risk to mission failure or the loss of life. The desired effect of OPSEC is to influence the adversary's behavior and actions by reducing the adversary's ability to collect and exploit critical information and indicators about friendly activities.

3. RESPONSIBILITIES:

3.1. Contractors must ensure employees receive OPSEC education that includes an overview of the OPSEC process, the definition of OPSEC, its purpose, what is critical information, the individual's role in protecting critical information, and the general adversary threat to the AF's critical information. Additionally, OPSEC education must include updated threat information, changes to critical information and indicators, new procedures and/or OPSEC measures implemented, altered, or deleted by the organization.

3.2. DoD Contractors with OPSEC requirements or that have access to critical information and indicators shall complete initial and annually-recurring refresher training.

Accomplishment of initial OPSEC training must not exceed 90 days from initial assignment to a contract with OPSEC requirements. Access to mission-critical information will not be allowed until OPSEC education has been completed and documented.

3.3. OPSEC education is a continuous requirement. The host unit OPSEC coordinator must track OPSEC training statistics to include the personnel working on the contract, when each individual received the required initial OPSEC training, and when refresher training is due and/or completed.

4. Contractor personnel shall not discuss government operations in public or over unprotected or unencrypted communications. Controlled unclassified information (CUI) may only be transmitted as directed in this PWS.

5. The Contractor shall not post to company websites, publications, newsletters, or other media any images, data, or information that reveal sensitive government operations, personnel, equipment, and/or classified or controlled unclassified information. When in doubt, company press releases related to this contract should be coordinated through the Requiring Activity POC or CO, as applicable.

6. Prior to seeking approval through the F. E. Warren AFB Public Affairs, any information to be released outside of official U.S. Government channels, via any media (to include electronic communications), must be approved through an OPSEC review. All personnel must promptly report OPSEC-related incidents, issues, and concerns to the host-unit OPSEC coordinator.

7. Contractor shall restrict access to those individuals with a valid need-to-know who are actually providing services under the contract. Further dissemination to other contractors, subcontractors, or other government agencies and private individuals or organizations is prohibited unless authorized inwriting.

8. Because observation of events, operations, physical changes, etc., may reveal National Security information, specific restrictions are needed to preclude unintentional release of this information to unauthorized parties. Unauthorized disclosure and transfer of National Security Information is punishable under 18 USC (S) 793. Therefore, contractor personnel shall not disclose to unauthorized third parties, post to unofficial sites (including Social Networking sites) any images, data/information, or observed events that reveal sensitive government operations, personnel, equipment, including, but not limited to:

8.1. Tactics, techniques, and procedures, production, or work schedules, any visible or concealed modifications, upgrades, additions to vessels, aircraft, or weapons or equipment; increases, change, or decreases in work/deployment frequency or government personnel, vehicle, vessel, or aircraft movements; specialized equipment orders, deliveries, shipments, etc. Unauthorized disclosures and attempts to solicit this type of information by unauthorized third parties or others not affiliated with this contract shall be reported to the Requiring Activity POC or CO, as applicable.

8.2. Government issued badges, identification shall be removed and/or concealed from plain sight when off base and shall not be left in vehicles or unprotected areas.

Badges and passes may not be duplicated, copied, or loaned to others. Lost or stolen identification badges, vehicle passes, etc., will be immediately reported to the Requiring Activity POC, CO, and/or Installation Security Office.

Anti-Terrorism

1. Notification: If the Contractor (contract employees/subcontractors) identify any suspicious activity, they shall contact the Base Defense Operations Center (BDOC) at 307-773-3501 (On-installation)/Missile Security Control (MSC) at307-773-2701 (Off-installation) and notify the CO and the Requiring Activity POC that they contacted the BDOC and/or MSC.

2. Training. Contractor employees that require routine physical access to a Federally-controlled facility or military installation shall complete Level I antiterrorism awareness training within 30 days of requiring access and annually thereafter and send a copy of their employees' training certificate(s)to the CO or Requiring Activity POC. Training is located at Joint Knowledge Online (JKO) website: https://jkodirect.jten.mil/Atlas2/page/login/Login.jsf

IAW DoDM 5200.08V3_DAFMAN 31-101V3_DAFGM 2024-01, Installation Perimeter Access Control.

Base access and Common Access Cards (CAC) requests will require for Base access and CAC creation. Failure of the vendor to ensure REAL ID-Compliant identification personnel have REAL ID-compliant identification will result in denial of Base access and CAC requests.

Contract Clauses

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities.

As prescribed in , insert the following clause:4.2004

Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities. (Dec 2023)

(a) . As used in this clause--Definitions

Kaspersky Lab covered article means any hardware, software, or service that-

(1) Is developed or provided by a ;Kaspersky Lab covered entity

(2) Includes any hardware, software, or service developed or provided in whole or in part by a ; orKaspersky Lab covered entity

(3) Contains using any hardware or software developed in whole or in part by a .components Kaspersky Lab covered entity

Kaspersky Lab covered entity means-

(1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab, including any change in name, e.g., "Kaspersky";

(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or

(4) Any entity of which Kaspersky Lab has a majority ownership.

(b) . Section 1634 of Division A of the Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits Government use of any Prohibition National Defense Kaspersky Lab . The Contractor is prohibited from--covered article

(1) Providing any that the Government will use on or after October 1, 2018; andKaspersky Lab covered article

(2) Using any on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the contract.Kaspersky Lab covered article

(c) Reporting requirement.

(1) In the event the Contractor identifies a provided to the Government during contract performance, or the Contractor is notified of such by a Kaspersky Lab covered article subcontractor at any tier or any other source, the Contractor report, , to the or, in the case of the Department of Defense, to the website at shall in writing Contracting Officer

. For indefinite delivery contracts, the Contractor report to the for the indefinite delivery contract and the (s) https://dibnet.dod.mil shall Contracting Officer Contracting Officer 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 report the following information pursuant to paragraph (c)(1) of this clause:shall

(i) Within 3 business days from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; brand; model number (Original Equipment Manufacturer (OEM) 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 report pursuant to paragraph (c)(1) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor describe the efforts it undertook to prevent use or submission of a , any reasons that led to shall Kaspersky Lab covered article the use or submission of the , and any additional efforts that will be incorporated to prevent future use or submission of Kaspersky Lab covered article Kaspersky Lab

.covered articles

(d) Subcontracts. The Contractor insert the substance of this clause, including this paragraph (d), in all subcontracts including subcontracts for the of shall acquisition or .commercial products commercial services

FA461326Q0005

https://www.acquisition.gov/far/4.2004#FAR_4_2004 https://dibnet.dod.mil/ https://dibnet.dod.mil/

(End of clause)

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

As prescribed in (a), insert the following provision:4.2105

Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)

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

Representations and Certifications- or . The not complete the representation in paragraph (d)(2) of this Offeror Commercial Products Commercial Services Offeror shall provision if the has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered Offeror telecommunications equipment or services" in paragraph (c)(2) of the provision at , or in paragraph (v)(2)(ii) of the provision at .52.204-26 52.212-3

(a) As used in this provision--Definitions.

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

(b) .Prohibition

(1) Section 889(a)(1)(A) of the John S. McCain Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an on or National Defense executive agency 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 of any system, or as critical technology as part of any system. Nothing in the prohibition component be construed to--shall

(i) Prohibit the head of an from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or executive agency 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 Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an on or National Defense executive agency 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 of any system, or as critical technology as part of any system. This prohibition applies to component 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 be construed to--shall

(i) Prohibit the head of an from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or executive agency 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) The review the list of excluded parties in the ) ( ) for entities excluded from receiving Procedures. Offeror shall System for Award Management (SAM https://www.sam.gov federal awards for "covered telecommunications equipment or services".

(d) The represents that--Representation. Offeror

(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 . The provide the additional disclosure information required at paragraph (e)(1) of this section if the responds solicitation Offeror shall Offeror "will" in paragraph (d)(1) of this section; and

FA461326Q0005

https://www.acquisition.gov/far/4.2105#FAR_4_2105 https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.sam.gov/

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

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 provide the additional disclosure information required at paragraph (e)(2) of this section if the responds "does" in paragraph (d)(2) of this Offeror shall Offeror section.

(e) Disclosures.

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

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, , CAGE code, and whether the entity was the original unique entity identifier 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 has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror provide the following information as part of the :Offeror shall offer

(i) For covered equipment--

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

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

As prescribed in (b), insert the following clause:4.2105

Prohibition on for Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021) Contracting

(a) As used in this clause--Definitions.

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network ( , connecting cell phones/e.g.

towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired ( , fiber optic, coaxial cable, Ethernet).e.g.

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 Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of United States 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 , materials, software, and technology covered by part 810 of title 10, Code of Federal components 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).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered ( , connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information e.g.

resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered used by the entity that excludes the need to include an internal or third-party audit.telecommunications equipment or services

FA461326Q0005

https://www.acquisition.gov/far/4.2105#FAR_4_2105

Roaming means cellular communications services ( , voice, video, data) received from a visited network when unable to connect to the facilities of the home network e.g.

either because signal coverage is too weak or because traffic is too high.

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

(b) . Prohibition

(1) Section 889(a)(1)(A) of the John S. McCain Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an on or National Defense executive agency 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 as a of any system, or as as part of any system. The Contractor is telecommunications equipment or services substantial or essential component critical technology prohibited from providing to the Government any equipment, system, or service that uses as a covered telecommunications equipment or services substantial or essential of any system, or as as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication component critical technology equipment or services are covered by a waiver described in FAR .4.2104

(2) Section 889(a)(1)(B) of the John S. McCain Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an on or National Defense executive agency 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 as a of any system, or as as part of any system, unless an exception at telecommunications equipment or services substantial or essential component critical technology paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR . This prohibition applies to 4.2104 the use of , regardless of whether that use is in performance of work under a Federal contract.covered telecommunications equipment or services

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

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

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

(i) Within one business from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier day unique entity (if known); supplier (if known); brand; model number (original equipment manufacturer number, manufacturer identifier Commercial and Government Entity (CAGE) code 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 describe the efforts it undertook to prevent use or submission of , and shall covered telecommunications equipment or services any additional efforts that will be incorporated to prevent future use or submission of .covered telecommunications equipment or services

(e) The Contractor insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other Subcontracts. shall contractual instruments, including subcontracts for the of or .acquisition commercial products commercial services

(End of clause)

52.204-27 Prohibition on a ByteDance Covered Application.

As prescribed in , insert the following clause:4.2203

Prohibition on a ByteDance (Jun 2023) Covered Application

FA461326Q0005

https://www.acquisition.gov/far/4.2104#FAR_4_2104 https://www.acquisition.gov/far/4.2104#FAR_4_2104 https://dibnet.dod.mil/ https://www.acquisition.gov/far/4.2203#FAR_4_2203

(a) Definitions. As used in this clause--

Covered application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited.

Information technology, as defined in 40 U.S.C. 11101(6)--

(1) Means any equipment or interconnected system or subsystem of equipment, used in the automatic , storage, acquisition analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the , if the equipment is used by the directly or is executive agency executive agency used by a contractor under a contract with the that requires the use-- executive agency

(i) Of that equipment; or

(ii) Of that equipment to a significant extent in the performance of a service or the furnishing of a product;

(2) Includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; but

(3) Does not include any equipment acquired by a Federal contractor incidental to a Federal contract.

(b) Prohibition. Section 102 of Division R of the Consolidated Appropriations Act, 2023 (Pub. L. 117-328), the No TikTok on Government Devices Act, and its implementing guidance under Office of Management and Budget (OMB) Memorandum M-23-13, dated February 27, 2023, "No TikTok on Government Devices" Implementation Guidance, collectively prohibit the presence or use of a on , including certain equipment covered application executive agency information technology used by Federal contractors. The Contractor is prohibited from having or using a on any covered application information owned or managed by the Government, or on any used or provided by the Contractor technology information technology under this contract, including equipment provided by the Contractor's employees; however, this prohibition does not apply if the provides written notification to the Contractor that an exception has been granted in accordance Contracting Officer with OMB Memorandum M-23-13.

(c) Subcontracts. The Contractor insert the substance of this clause, including this paragraph (c), in all subcontracts, shall including subcontracts for the of or . acquisition commercial products commercial services

(End of clause)

52.211-6 Brand Name or Equal.

As prescribed in , insert the following provision: (a)11.107

Brand Name or Equal (Aug 1999)

FA461326Q0005

https://www.acquisition.gov/far/11.107#FAR_11_107

(a) If an item in this is identified as "brand name or equal," the purchase description reflects the characteristics solicitation and level of quality that will satisfy the Government's needs. The salient physical, functional, or performance characteristics that "equal" meet are specified in the . products must solicitation

(b) To be considered for award, of "equal" , including "equal" of the brand name manufacturer, - offers products products must

(1) Meet the salient physical, functional, or performance characteristic specified in this ; solicitation

(2) Clearly identify the item by-

(i) Brand name, if any; and

(ii) Make or model number;

(3) Include such as illustrations, drawings, or a clear reference to previously furnished descriptive data descriptive literature or information available to the ; and Contracting Officer

(4) Clearly describe any modifications the plans to make in a product to make it conform to the offeror solicitation requirements. Mark any descriptive material to clearly show the modifications.

(c) The will evaluate "equal" on the basis of information furnished by the or identified in Contracting Officer products offeror the and reasonably available to the . The is not responsible for locating or offer Contracting Officer Contracting Officer obtaining any information not identified in the . offer

(d) Unless the clearly indicates in its that the product being offered is an "equal" product, the offeror offer offeror shall provide the brand name product referenced in the . solicitation

(End of provision)

52.225-1 Buy American-Supplies As prescribed in , insert the following clause: (a)(1)25.1101

Buy American- (Oct 2022)Supplies

(a) Definitions. As used in this clause--

Commercially available off-the-shelf (COTS) item--

(1) Means any item of supply (including material) that is- construction

(i) A (as defined in paragraph (1) of the definition of " " at Federal commercial product commercial product Acquisition

Regulation (FAR) ); 2.101

(ii) Sold in substantial quantities in the commercial marketplace; and

FA461326Q0005

https://www.acquisition.gov/far/25.1101#FAR_25_1101 https://www.acquisition.gov/far/2.101#FAR_2_101

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural and petroleum . products products

Component means an article, material, or supply incorporated directly into an . end product

Cost of components means--

(1) For purchased by the Contractor, the cost, including transportation costs to the place of components acquisition incorporation into the (whether or not such costs are paid to a domestic firm), and any applicable duty end product (whether or not a duty-free entry certificate is issued); or

(2) For manufactured by the Contractor, all costs associated with the manufacture of the , including components component transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit.

does not include any costs associated with the manufacture of the .Cost of components end product

Critical component means a that is mined, produced, or manufactured in the and deemed critical component United States to the U.S. supply chain. The list of is at FAR . critical components 25.105

Domestic end product means--

(1) For an that does not consist wholly or - end product predominantly of iron or steel or a combination of both

(i) An unmanufactured mined or produced in the ; end product United States

(ii) An manufactured in the , if- end product United States

(A) The cost of its mined, produced, or manufactured in the exceeds 60 percent of the cost of all components United States its , except that the percentage will be 65 percent for items delivered in calendar years 2024 through 2028 and components 75 percent for items delivered starting in calendar year 2029. of foreign origin of the same class or kind as Components those that the agency determines are not mined, produced, or manufactured in sufficient and reasonably available commercial quantities of a satisfactory quality are treated as domestic. of unknown origin are treated as Components foreign. generated, collected, and prepared for processing in the is considered domestic; or Scrap United States

(B) The is a COTS item; or end product

(2) For an that consists wholly or , an end product predominantly of iron or steel or a combination of both end product manufactured in the , if the cost of constitutes less than 5 percent of the cost of all the United States foreign iron and steel used in the . The cost of includes but is not limited to the cost of foreign iron components end product foreign iron and steel or mill (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the steel products and a good faith estimate of the cost of all foreign iron or excluding COTS . Iron orend product steel components fasteners of unknown origin are treated as foreign. If the contains multiple , the cost of all steel components end product components the materials used in such is calculated in accordance with the definition of " ". end product cost of components

End product means those articles, materials, and to be acquired under the contract for public use. supplies

FA461326Q0005

https://www.acquisition.gov/far/25.105#FAR_25_105

Fastener means a hardware device that mechanically joins or affixes two or more objects together. Examples of fasteners are nuts, bolts, pins, rivets, nails, clips, and screws.

Foreign end product means an other than a . end product domestic end product

Foreign iron and steel means iron or not produced in the . Produced in the steel products United States United States means that all manufacturing processes of the iron or take place in the , from the initial melting steel must United States stage through the application of coatings, except metallurgical processes involving refinement of additives. The origin steel of the elements of the iron or is not relevant to the determination of whether it is domestic or foreign. steel

Predominantly of iron or steel or a combination of both means that the cost of the iron and content exceeds 50 steel percent of the total cost of all its . The cost of iron and is the cost of the iron or mill (such as components steel steel products bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron or excluding COTS . steel components fasteners

Steel means an alloy that includes at least 50 percent iron, between 0.02 and 2 percent carbon, and include other may elements.

United States means the 50 States, the District of Columbia, and . outlying areas

(b) 41 U.S.C. chapter 83, Buy American, provides a preference for for acquired for use in domestic end products supplies the . In accordance with 41 U.S.C. 1907, the domestic content test of the Buy American statute is waived for United States an that is a COTS item (see (a)(1)), except that for an that consists wholly or end product 12.505 end product predominantly , the domestic content test is applied only to the iron and content of theof iron or steel or a combination of both steel end

, excluding COTS .product fasteners

(c) Offerors may obtain from the a list of foreign articles that the will treat as domestic Contracting Officer Contracting Officer for this contract.

(d) The Contractor deliver only except to the extent that it specified delivery of shall domestic end products foreign end in the provision of the entitled "Buy American Certificate."products solicitation

(End of clause)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors.

As prescribed in , insert the following clause: 32.009-2

Providing Accelerated Payments to (Mar 2023) Small Business Subcontractors

(a)

FA461326Q0005

https://www.acquisition.gov/far/12.505#FAR_12_505 https://www.acquisition.gov/far/32.009-2#FAR_32_009_2

(1) In accordance with and , within 15 days after receipt of accelerated payments from the 31 U.S.C. 3903 10 U.S.C. 3801 Government, the Contractor make accelerated payments to its under this contract, to shall small business subcontractors the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a and all other required documentation from the . proper invoice small business subcontractor

(2) The Contractor agrees to make such payments to its without any further consideration small business subcontractors from or fees charged to the subcontractor.

(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

(c) Include the substance of…