Solicitation Package 12639522Q0047.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

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

OFFEROR

APHIS-MN-126395

MINNEAPOLIS MN 55401

SUITE410

250 MARQUETTE AVE

USDA APHIS

CODE 16. ADMINISTERED BYCODE

X

X

X

325320

SIZE STANDARD:

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

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

01/21/2022 1100 CT

01/10/2022

612-336-3602KIM YEN TU

(No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

12639522Q0047

5. SOLICITATION NUMBER

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

1 2 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

15. DELIVER TO

MINNEAPOLIS MN 55401

SUITE410

250 MARQUETTE AVE

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

1,000

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

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

USDA APHIS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Tax ID Number: Not Available DUNS Number: Not Available Solicitation to procure Jackson Traps and parts as described in the statement of work. Please read through instructions and statement of work.

Period of Performance: 02/01/2022 to 01/31/2027

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

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

KIM YEN N. TU

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

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

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

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

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

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

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

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

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

NOTE TO QUOTERS

1. INSTRUCTIONS:

This solicitation is being prepared in accordance with FAR part 13 Simplified Acquisition Procedures. This solicitation is for commercially services and thus fall under FAR Part 12, Acquisition of Commercial Items. Quotations will be evaluated in accordance with 52.212-2 Evaluation – Commercial Items.

Submit all questions in writing to Kim Yen Tu at kimyen.n.tu@usda.gov. Questions should be submitted no later than three (3) days prior to the response deadline to ensure adequate time is available to respond and to amend the solicitation if necessary. Submit quotes to Kim Yen Tu at kimyen.n.tu@usda.gov by 01/21/2022 at 11am Central time.

In order for an offeror to have a complete quotation package, the following items must be submitted to the Contracting Officer to be considered acceptable:

□ A signed copy of the SF 1449 Form (first page)

□ Fill out pricing schedule on page 9 Please list prices for each of the line items. Delivery Orders will be issued on an as-needed basis.

□ Have active Federal Contractors Registration at http://www.sam.gov. An offeror shall include a printed copy of the first page of the SAM listing, or a DUNS number if the SAM application is in progress. The online Certification and Representations for business size determination should use NAICS code 325320. Please note that registering in the SAM database is free of charge. Free SAM registration assistance can be obtained by calling the help desk toll free at 866-606-8220. Free assistance can also be found at your local PTAC office, http://www.aptac-us.org/new/Govt_Contracting/find.php.

□ A copy of the completed provision 52.212-3, Offeror Representations and Certifications—Commercial Items.

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically at http://www.sam.gov for NAICS code 325320. If an offeror has not completed the annual representations and certifications electronically at the SAM website, the offeror shall include a copy of the completed provision with the quotation.

□ Fill out 52.204-24 (d) representation highlighted portion on page

□ Past Performance References with previous contracts/POs with this agency or similar scope of work with federal/state/local entities. An offeror shall submit up to three customer references from the last 12 months including contact information and/or previous contract numbers with the USDA.

□ A technical capability statement explaining experience in manufacturing Jackson Traps and durability of product. Statement should include evidence of capacity or capability in meeting and providing the products specified in the Statement of Work. Firms will be required to provide the information necessary to be considered.

Trap body must be capable of withstanding outdoor weather for a period of 90 calendar days. Firms will be required to provide the information necessary to be considered, i.e., certification of durability based on testing and historical data of acceptable performance. Please include information on place of manufacturer of traps.

http://www.sam.gov/ http://www.aptac-us.org/new/Govt_Contracting/find.php http://www.aptac-us.org/new/Govt_Contracting/find.php

Jackson Trap Statement of work (2022)

I. Scope

The USDA Animal Plant Health Inspection Service, Plant Protection and Quarantine (PPQ) intends to award one multiple year IDIQ contract to purchase the following items:

Jackson Trap Bodies Version 1 Jackson Trap Bodies Version 2 Hanging Wires Trap Inserts Lure Clips

The traps will be used primarily for the surveillance and monitoring program associated with several pests including fruit flies.

II. Background

The Jackson Trap is utilized in a variety of insect monitoring programs for highly destructive insects. The goal of APHIS-PPQ is to define the extent of these infestations or potential infestations and limit artificial spread beyond the infested area through quarantine and an active regulatory program. PPQ regulates movement of host material from infested areas to other areas of the United States for a variety of pests and monitors this movement using the Jackson Trap. This program is an effective Federal-State partnership that prevents the establishment of exotic insects in areas of the United States that are not contiguous to current regulated States and counties. In order to carry out this program’s objective, PPQ requires Jackson Traps to conduct insect presence surveys to support decision-making for program activities.

III. Objective

The Fruit Fly Program and several other PPQ programs utilize the Jackson Trap in conjunction with semiochemicals to effectively monitor populations. Without the requested traps and parts, effectively defining infestations might not be possible and the ultimate cost of an eradication or control could exceed millions of dollars should this trap not be available.

IV. Period of Performance This is a multiple year contract.

Year 1: 02/01/2022 – 01/31/2023 Year 2: 02/01/2023 – 01/31/2024 Year 3: 02/01/2024 – 01/31/2025 Year 4: 02/01/2025 – 01/31/2026 Year 5: 02/01/2026 – 01/31/2027

V. Delivery Locations

Primary Delivery of product(s):

FOB destination to:

USDA APHIS PPQ

Bldg 6420, Moore Air Base 22675 N. Moorefield Road Edinburg, TX 78541

Secondary Delivery of Product

USDA APHIS PPQ

1475 15 Ave Drive East Palmetto FL 34221 Phone: 941-723-8911

OR

California Dept. of Food and Agriculture (CDFA) 2424 E. Winston Rd.

Anaheim, CA92806 Phone: 714-520-6866

VI. Shipping Carton Labeling

The following shall be printed on the two widest opposite sidewalls of each carton, evenly spaced from one inch below the top of the carton to one inch above the bottom of the carton:

Item:

Qty:

Lot No.:_____________________________________Production Date_________________ Contract No.: ________________________________Contractor Name:________________ Agency: USDA APHIS PPQ

The following instructions shall be printed or labeled on 4 vertical sides of each carton with all characters being 3/8 inch high:

This side up ↑

DO NOT CRUSH

STORE IN A COOL DRY PLACE

VII. Packaging

Trap Bodies:

The Jackson Traps shall be packed no more than 1,000 trap bodies per shipping carton. The carton shall be sized to produce a tight fit without gaps and constructed with enough strength to withstand shipping, handling and stacking up to the height of five (5) feet (excluding pallet) without crushing the containers at the bottom of the stack. Pallets shall not be double stacked during shipping and each loaded pallet shall not exceed sixty-four (64) inches in height.

Trap Inserts:

APHIS has a requirement for two versions of inserts.

Version 1 Face to Face:

The inserts will be placed sticky sides together so that two adhesives sides are stuck together.

The inserts must be able to be separated by field staff without damage. (NOTE: thickness is different than Ver. 2)

Version 2 Folded:

The inserts will be folded upon themselves at the required fold line. The inserts must be able to be separated by field staff without damage. (NOTE: thickness is different than Ver. 1)

(PPQ will specify the version, Face to Face or Folded, when the order is placed.)

The Jackson Inserts shall be packed with no more than 500 trap inserts per shipping carton. The carton shall be sized to produce a tight fit without gaps and constructed with enough strength to withstand shipping, handling, and stacking not to exceed a height of four (4) feet without crushing the containers at the bottom of the stack. Pallets shall not be double stacked during shipping and each loaded pallet shall not exceed fifty-two inches. A Hazard Communication Safety Data Sheet for the adhesive applied to the trap insert shall be included in each shipping carton.

Trap Hangers:

The Trap Hangers shall be bound with twist tie or rubber band or similar device, or bagged, in groups of 25 and packed in shipping cartons weighing no more than 30 pounds.

Lure Clips:

The Lure Clips shall be bound with twist tie or rubber band or similar device, or bagged, in groups of 25 and packed in shipping cartons weighing no more than 30 pounds.

VIII. Specifications

Jackson Trap Bodies:

Jackson Trap Bodies shall be made of white, bleached sulphate, solid paperboard, 0.024 inch (60.69 mm) minimum thickness, with 0.001 inch polyplastic coating on both surfaces. It is essential that the traps be capable of withstanding outdoor weather for a period of 90 calendar days.

The trap body shall be 5 inches (12.7 cm) long by 3 ¾ inches (9.524 cm) wide on each of the three sides.

One side shall be flame welded to a ½ inch (1.27 cm) wide flap that is lapped over the outside of the adjoining side. The joint shall be positioned at the top of the trap. The flame welded joint must be waterproof, and shall withstand constant exposure to direct sunlight and temperatures of 120°F (49°C) or more.

In addition to the fold creases for forming the triangle shaped trap, there shall be a fold crease along the crease along the center of the bottom so the trap can be folded flat for packaging and storage.

An insert shall be installed parallel to the inside bottom surface. The insert shall fit tight enough in the trap to prevent sliding out when exposed to wind and weather. The outer side panels shall be imprinted with black letters that are a minimum of 1/8 inch (.3175 cm) high.

The trap body will have an option of two printed statements on one side as follows:

Side 1 – Option 1 Government Insect Trap

Please Do Not Disturb

CAUTION

TOXIC MATERIAL

Gobierno Trampa de Insectos

Favor de No Molestar

PRECAUCION

MATERIAL TOXICO

Side 1 – Option 2 Government Insect Trap

Please Do Not Disturb

Gobierno Trampa de Insectos

Favor de No Molestar

Jackson Trap Inserts:

APHIS has a requirement for two versions of inserts. The version will be specified when the order is placed.

Version 1 Face to Face:

Inserts shall be made of white, bleached sulphate paperboard, 0.040 inches minimum thickness, with

0.001 inch polyplastic coating on both sides. (NOTE: thickness is different than Ver. 2)

The inserts shall be a parallelogram shape and measure 6 ¼ inches (15.875 cm) on the long sides, by 3 11/16th inches (98.366 cm) the parallel sides. The width dimensions may be slightly adjusted to insure a tight fit in the trap body. The acute angel shall be 71°. A crease may be placed in the center of the insert to allow a 180° fold when required.

Version 2 Folded:

Inserts shall be made of white, bleached sulphate paperboard, 0.024 inches minimum thickness, with

0.001 inch polyplastic coating on both sides. (NOTE: thickness is different than Ver. 1)

The inserts shall be a parallelogram shape and measure 6 ¼ inches (15.875 cm) on the long sides, by 3 11/16th inches (98.366 cm) the parallel sides. The width dimensions may be slightly adjusted to insure a tight fit in the trap body. The acute angel shall be 71°. A crease may be placed in the center of the insert to allow a 180° fold when required.

See isometric drawing for specifications

Adhesive:

Field service trials have been conducted by PPQ personnel testing various adhesives for use on Jackson Traps. It has been determined, as a result of the tests, the only adhesive acceptable for use is:

“Stickem Special Hold Fast Formula”:

Seabright Enterprises, LTD 4026 Harlan Street Emeryville, CA 94608

Adhesive application:

A uniform coating of insect adhesive shall be applied to the one side of each insert at the rate of 1.5 grams, +/- (1/8) gram. The adhesive shall be applied so none is deposited outside the gridded area surfaces identified on the enclosed drawing. The adhesive shall be applied in a manner which prevents deposition outside of the designated area. Adhesive applied near the parallel sides of the insert must within (1/8) inch to the cut edge +/- (1/8) inch.

The critical nature of the fruit fly survey trapping programs prohibits the use of alternative adhesive materials. Following application of the adhesive, each trap shall be prepared for storage to prevent the adhesive coated surfaces from contacting non-adhesive surfaces.

Hanging Wires:

Material shall be a 12 gauge soft iron galvanized wire. The material shall be pliable enough to bend easily by hand, yet rigid enough not to break during frequent use, or under harsh environmental conditions.

See isometric drawing for specifications.

Lure Clip:

Material shall be of 16 gauge non-corrosive wire.

See isometric drawing for specifications.

IX. Quality Control Inspection of Traps

During the manufacture of the balance of the traps, the Contracting Officer’s Representative (COR) or representative authorized by her/him may elect to inspect and monitor production of the traps at the production facility.

Additionally, testing may be conducted to ensure traps meet specifications. The testing may include industry standard procedures described in the Technical Association of Pulp and Paper Industry (TAPPI) as Method T-491 OM 85, and other tests designed to evaluate the adhesive coating, sizing, tensile strength, liquid holdout, and weather-ability of the paperboard product used. Overall, quality of the assembled trap will be evaluated.

X. First Article Procedures Inserts and Trap Bodies

The USDA may request first article testing in two phases after the award of the contract. First article approval may be waived fully or in part by the Contracting Officer (CO).

Phase 1:

After receiving approval/notification from the CO of award the Contractor will first submit twelve 8 inches by 8 inches paperboard samples which will represent the trap or inserts, with-in 20 working days of notification of award to:

USDA APHIS PPQ

Attn: Paper Board Testing CPHST Otis Laboratory 1398 W. Truck Rd.

Buzzards Bay, MA 02542

Testing will be conducted to determine if the standards have been met (described elsewhere). Within 20 working days after the Government received the first article, the CO or Contract Administrator (CA) shall notify the Contractor, in writing, of the conditional paper board, approval or disapproval. The notice of conditional approval or disapproval shall not relieve the Contractor from complying with all requirements for the specifications and all other terms and conditions of this contract. A notice of conditional approval shall state any further action required of the Contractor.

Phase 2:

After successfully submitting the approved or conditionally approved paperboard samples that met the first article phase 1 testing, Contractor shall then submit twelve (12) Jackson Trap Inserts with adhesive or (12) Jackson Trap Bodies within 20 working days from the date of approval of the paperboard samples, for first article tests. Shipping documentation shall contain government procurement number and the item identification. The characteristics that the first article must meet and the testing requirements are specified elsewhere in this requirements document. Samples should be submitted to:

USDA APHIS PPQ

Attention: Paper Board Testing CPHST Otis Laboratory 1398 W. Truck Rd.

Buzzards Bay, MA 02542

Within 30 working days after the Government received the phase 2 first article, the CO shall notify the Contractor, in writing, of the approval, conditional approval, or disapproval of the first article. The notice of conditional approval or approval shall not relieve the Contract from complying with all requirements for the specifications and all other terms and conditions of this contract. A notice of conditional approval shall state any further action required of the Contractor.

A site visit may be arranged to the production facility to ensure the trap produced conforms to specification.

Should any cases of production over-runs or slight dimensional changes caused by lot quantity procurement from cutting of base material be identified, the Contracting Officer (CO) or Contract

Administrator (CA) shall be made aware. Appropriate course of action will be directed after consideration of the Government needs and how they may fit them.

XI. Quality Assurance and Quality Assurance Surveillance:

Contractor shall provide a copy of it’s quality control or quality assurance program utilized in the manufacturing or production process if or when requested. The government may periodically test samples of the traps after receipt at its choosing to ensure they are compliant with the terms of the contract.

XII. Price Schedule

The line item quantities listed in the Pricing Schedule are estimates only for evaluation purposes and are not intended to convey either a minimum or maximum quantity that will be ordered by the Government. Guaranteed minimum under this contract is stated in clause 452.216-73 MINIMUM AND

MAXIMUM CONTRACT AMOUNTS.

ITEM

NO.

SCHEDULE OF SUPPLIES EST.

QUANTITY

PER YEAR

UNIT YEAR 1 UNIT

PRICE

YEAR 2 UNIT

PRICE

YEAR 3 UNIT

PRICE

YEAR 4 UNIT

PRICE

YEAR 5 UNIT

PRICE

0001 Jackson Trap Body with “Caution” toxic Labels

620,000 EA

0002 Jackson Trap Body without “Caution” toxic Labels

1,000,000 EA

0003 Jackson Trap Inserts Version

2,000,000 EA

0004 Jackson Trap Wire Hanger

240,000 EA

0005 Jackson Trap Lure Clip 750,000 EA

Totals

TOTAL : ____________________________

52.252-2 Clauses Incorporated by Reference (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://farsite.hill.af.mil

52.204-13, System for Award Management Maintenance (OCT 2018) 52.204-18 Commercial and Government Entity Code Maintenance (Jul 2016) 52.212-4 Contract Terms and Conditions -- Commercial Items (Oct 2018) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Items (Jan 2022)

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

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

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232)

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

(5) 52.233-3, 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 products and commercial services:

[Contracting Officer check as appropriate.] _X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509)).

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

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

__ (5) [Reserved].

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

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

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) (31 U.S.C. 6101 note).

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

__ (10) [Reserved].

__ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Sep 2021) (15 U.S.C. 657a).

__ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Sep 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (13) [Reserved] _X_ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

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

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

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

_X_ (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 (Nov 2021) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Nov 2016) of 52.219-9.

__ (iii) Alternate II (Nov 2016) of 52.219-9.

__ (iv) Alternate III (Jun 2020) of 52.219-9.

__ (v) Alternate IV (Sep 2021) of 52.219-9.

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

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

_X_ (19) 52.219-14, Limitations on Subcontracting (Sep 2021) (15 U.S.C. 637s).

__ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) (15 U.S.C.

637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Sep 2021) (15 U.S.C. 657f).

_X_ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Sep 2021) (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 (Sep 2021) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Sep 2021) (15 U.S.C.

637(m)).

__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C.

644(r)).

_X_ (26) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15U.S.C. 637(a)(17)).

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

_X_ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2022) (E.O.13126).

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

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

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

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

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

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

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

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

_X_ (35) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O.

13627).

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

_X_ (36) 52.222-54, Employment Eligibility Verification (Nov 2021) . (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

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

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

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

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

__ (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Oct 2015) of 52.223-13.

__ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun2014) of 52.223-14.

__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).

__ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-16.

_X_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

__ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (46) 52.223-21, Foams (Jun2016) (E.O. 13693).

__ (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

__ (ii) Alternate I (Jan 2017) of 52.224-3.

_X_ (48) 52.225-1, Buy American-Supplies (Nov 2021) (41 U.S.C. chapter 83).

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Nov 2021) (41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I (Jan 2021) of 52.225-3.

__ (iii) Alternate II (Jan 2021) of 52.225-3.

__ (iv) Alternate III (Jan 2021) of 52.225-3.

__ (50) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C. 5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150).

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

__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X_ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) (31 U.S.C. 3332).

__ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (60) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

__ (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

__ (iii) Alternate II (Nov 2021) of 52.247-64.

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

[Contracting Officer check as appropriate.] __ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).

__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).

__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

__ (7) 52.222-55, Minimum Wages Under Executive Order 13658 (Nov 2020).

__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C.

1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509).

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

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

(vii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).

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

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

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

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

(xiii) (A) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O 13627).

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

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May2014) (41 U.S.C. chapter 67).

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

(xvi) 52.222-54, Employment Eligibility Verification (Nov 2021) (E.O. 12989).

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

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

(xix) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

52.216-18 Ordering (Aug 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from award date through 01/31/2027.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered "issued" when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor's email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of clause)

52.216-19 Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $5,000 the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor-

(1) Any order for a single item in excess of $500,000;

(2) Any order for a combination of items in excess of $500,000; or

(3) A series of orders from the same ordering office within 7 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 2 business days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

52.216-22 Indefinite Quantity (Oct 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 01/31/2027.

(End of clause)

52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 15 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.

(End of clause)

452.216-73 MINIMUM AND MAXIMUM CONTRACT AMOUNTS (FEB 1988)

During the period specified in FAR clause 52.216-18, ORDERING, the Government shall place orders totaling a minimum of $10,000, but not in excess of $4,000,000 contract ceiling for the duration of the contract period.

52.252-1 -- Solicitation Provisions Incorporated by Reference (Feb 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

52.204-7 -- System for Award Management. (Oct 2018) 52.204-16, Commercial and Government (July 2016) 52.212-1 -- Instructions to Offerors -- Commercial Items. (June 2020) 52.212-3 Offeror Representations and Certifications-Commercial Items (Jan 2021)

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021)

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

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

(b) Prohibition.

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

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

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

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

Nothing in the prohibition shall be construed to—

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

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

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

(d) Representation. The Offeror represents that—

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

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

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

© Disclosures.

https://www.sam.gov/

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

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment

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

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

© 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…