Solicitation W81XWH20Q0217.docx

W81XWH20Q0217

Section SF 1449 - CONTINUATION SHEET

ADMINISTRATIVE INFORMATION

The Point of Contact (POC) for all matters relating to this solicitation (#W81XWH20Q0217) shall be addressed to Roberto Gonzalez at roberto.a.gonzalez-echeverria.civ@mail.mil

INSTRUCTIONS TO OFFERORS

Questions Offerors may submit their questions to the Administrative POC via email no later than 28 August 2020 by 11:00 am Eastern Time, Local.

Responses Offerors may submit their quote to the POC via email no later than 8 September 2020 by 1:00 pm Eastern Time, Local. Late quotes will not be considered. Quotes shall contain all applicable charges.

All Contractors shall provide the following company details on its cover page:

• Complete company name and address

• Company Point of Contact (POC)

• POC Email Address

• POC Phone Number

• Cage Code

• DUNS number

All CLINs shall be priced and will be evaluated for reasonableness and completeness. The offeror’s initial quote shall contain the offeror’s best terms from a price and technical standpoint. The Government intends to evaluate offers and award a contract without discussions, but reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government reserves the right to make no award as a result of this solicitation.

Quotes shall be submitted by email only as an MS Word, MS Excel or Adobe PDF attachment.

Contractors must be registered in the SAM database to be considered for award. Registration is free and can be completed on-line at http://www.sam.gov; provide DUNS number; Cage Code and TIN.

The total number of pages submitted shall not exceed fifteen (15) pages, excluding a cover letter. If more than fifteen (15) pages are submitted, only the first fifteen (15) pages will be evaluated.

MECS

Minimum Essential Characteristics for Vitals Bridge

1. Provides increase of simulation fidelity and participant buy-in; allows participants to interact with real-world patient monitors

2. Provides connectivity across all high-fidelity human patient simulators in TATRC’s inventory

3. Provide ability to train and/or collect data on complex patient monitoring functions

4. Eliminate the need to use computers and televisions for vital sign monitors, connects directly to a wide range of patient monitors

5. Manufacturer Specifications:

· The VitalsBridge 300 presents the following vital signs on a real clinical monitor: heart rate, plethysmography waveform, SpO2, non-invasive blood pressure, temperature, Electrocardiogram (ECG) and respiration via (ECG) impedance, capnography waveform, end-tidal CO2, and invasive blood pressure(s) (arterial, central venous, pulmonary artery, auxiliary).

Minimum Essential Characteristics for ASL5000 Lung Solution

1. Increases fidelity of human patient simulators to simulate any respiratory condition, on any ventilator

2. Provides compatible connectivity for the Laerdal human patient simulators in TATRC’s inventory

3. Provides ability to train/collect data on cases which involve complex respiratory events

4. Exposes participants to highly realistic interactions on real ventilators

5. Provides opportunity for practice and mistakes in a safe, simulated environment while using real-world ventilators

6. Must be capable of doing the following

· Perform long term testing on all ventilator modes with virtually any patient type

· Develop adaptive algorithms on ventilators

· Simulate patient breathing associated with sleep apnea for development of CPAP devices

· Evaluate aerosol drug delivery devices using realistic high-flow inhalation

· Compare ventilators or ventilator modes (e.g. pressure support mode) on the same reproducible patient

· Create repeatable breath patterns at a high level of accuracy for respiratory device product development with the smart pump

Minimum Essential Characteristics for SimMan3g + consumables:

1. Provide a realistic, full-body adult, patient simulator, SimMan® 3G has advanced clinical functionality to teach critical skills. Wireless, self-contained, rugged, and reliable, SimMan 3G helps you meet the critical need for flexible training solutions. Manage SimMan 3G and all other Laerdal PC operated simulators with the LLEAP unified software platform. This means you will find scenarios, conduct simulation training, and develop new scenarios to help meet your learning objectives with greater ease.

2. Must be capable of doing the following

· Provide Controllable open/closed airway; automatically or manually controlled, Head tilt/Chin lift,jaw thrust w/articulated jaw, Suctioning (Oral & Nasopharyngeal), Bag-mask ventilation and nasal cannulation capabilities

• Ability to perform Orotracheal/Nasotracheal intubation, Combitube, LMA, and other airway placement, Endotracheal tube intubation, Retrograde intubation, Fiberoptic intubation, Transtracheal jet ventilation, Needle/Surgical cricothyrotomy, Variable lung compliance – 4 settings, Variable airway resistance – 4 settings, Right main stem intubation, Determine Stomach distention AIRWAY COMPLICATIONS, Detection of proper head position , Can’t intubate/Can ventilate , Can’t intubate/Can’t ventilate

• Detect tongue edema and pharyngeal swelling as well as laryngospasm

• Perform Trismus BREATHING FEATURES as well as Simulated spontaneous breathing, Bilateral and unilateral chest rise and fall, CO2 exhalation, Normal and abnormal breath sounds - 5 anterior auscultation sites - 6 posterior auscultation sites

· Determine Oxygen saturation and waveform BREATHING COMPLICATIONS and Cyanosis

• Needle thoracentesis – bilateral

· Ausculate Unilateral, Bilateral & lobar breath sounds as well as visualize Unilateral & Bilateral chest movement

• Chest tube insertion - bilateral CARDIAC FEATURES

• Extensive ECG library

• Pacing CIRCULATION FEATURES

• BP measured manually by auscultation of Korotkoff sounds

• Carotid, femoral, brachial, radial, dorsalis pedis, popliteal and posterior tibialis pulses synchronized with ECG

• Pulse strength variable with BP

· Detected & logged VASCULAR ACCESS

· IV access (right arm)

· Intraosseous access (tibia

· CPR compressions generate palpable pulses, blood pressure waveform, and ECG artifacts, as well as Realistic compression depth and resistance, detection of depth, release and frequency of compressions,

· Real time feedback on quality of CPR EYES to include Blinking - slow, normal, fast and winks, Open, closed and partially open, Pupillary accommodation: - synchrony/asynchrony - normal and sluggish speed of response OTHER FEATURES •

· Seizure/Fasciculation •

· Bleeding - Simulation of bleeding at multiple sites - Arterial and venous - Vital signs automatically respond to blood loss & therapy - Works with various wound modules & moulage kits •

· Urine output (variable) to include Foley catheterization

· Ability to produce Secretions - Eyes, Ears, Nose, Mouth - Blood, Mucous, CSF, etc., Diaphoresis, and Bowel Sounds – four quadrants

· Patient Voice - Pre-recorded and custom sounds - Instructor can simulate patient’s voice wirelessly

· Instructor Communication - Multiple instructors can communicate using integrated voice over IP

· Fully articulating pelvis • Leg rotation in all natural directions PHARMACOLOGY

· Automatic Drug Recognition System identifies drug & dose • Extensive drug formulary • Automatic or programmable physiological responses CERTIFICATIONS • UL, CE, FCC, CSA, HMR SYSTEM FEATURES

· Control multiple manikins from 1 interface •

· Use Manual Mode to run “on-the-fly” for total control over all parameters

· Utilize Automatic Mode with preprogrammed scenario for a simple and standardized way to run a simulation - Patient cases utilizing physiological and pharmacological models - Pre-programmed scenarios - Self-authored content • Simulation controls; fast forward, pause, rewind, save/restore • Profile editor

· Future prediction and patient outcome display and Integrated video debriefing

· Time stamped activities, vital signs, and instructor comments are captured in the event log PATIENT MONITOR • Touch-screen simulated patient monitor provides concise clinical feedback for physiological parameters

· The monitor’s color screen is configurable and provides multiple simulated parameters, each presenting multi-level alarms

· Simulated parameters include ECG (2 traces), Sp02, CO2, ABP, CVP, PAP, PCWP, NIBP, TOF, Cardiac output, Temperature (core and peripheral), additional and programmable parameters e.g. ICP • X-Ray Display

· 12 Lead ECG

· Ability to customize Image and video displays

· Oxygen saturation and waveform

Access and general protection/security policy and procedures. This standard language is for contractor employees with an area of performance within Army controlled installation, facility, or area. Contractor and all associated sub-contractors employees shall provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes.

For contractors that do not require CAC, but require access to a DoD facility or installation. Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05/AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations. Contractor personnel must be escorted by a U.S. DoD Service Member or civilian employee at all times they are inside a U.S. government facility.

VitalsBridge Model 300 Accessories

FFP

VitalsBridge Model 300 Accessories & Cable Kit Includes: Vitalsbridge Model 300 unit, Software Plug-in, Cable Kit FOB: Destination

MFR PART NR: 405-00350

PURCHASE REQUEST NUMBER: 0011504167

PSC CD: AN95

NET AMT

VitalsBridge, 1 day Implementation Svc

VitalsBridge, 1 day Implementation Service Includes on-site set-up of the VitalsBridge unit, connection to the simulator and patient monitor, software updates as needed, test for functionality and an overview of VitalsBridge.

FOB: Destination

MFR PART NR: 405-86050

NET AMT

ASL 5000 Lung Solution

ASL 5000 Lung Solution FOB: Destination

MFR PART NR: 420-11955

NET AMT

ASL 5000 Lung Solution Install

ASL 5000 Lung Solution Install - SimMan & SimBaby FOB: Destination

MFR PART NR: 420-89050

NET AMT

ASL 5000 SimMan On Site 1 day Training

ASL 5000 SimMan On Site 1 day Training by IngMar FOB: Destination

MFR PART NR: 420-EDLL100SM

NET AMT

SimMan 3G Light Manikin and accessories

SimMan 3G Light Manikin and accessories Includes SimMan 3G Manikin, LLEAP License, Drug Recognition Kit, USB Headset/Microphone, SpO2 Probe, Keyboard and Mouse, Consumables, Clothing, Soft Sided Carry Case, 1 Year Manufacturer's Warranty.

FOB: Destination

MFR PART NR: 212-02350

NET AMT

Rugged Tablet

Rugged Tablet For use as an Instructor Computer with LLEAP software, or a LLEAP, SimPad or SimPad Plus Patient Monitor FOB: Destination

MFR PART NR: 400-09501

NET AMT

Installation SimMan 3G

Installation SimMan 3G If ValuePlus Program is not purchased.

FOB: Destination

MFR PART NR: 212-83050

NET AMT

Neck Skin Kit (6) (L)

Neck Skin Kit (6) (L) FOB: Destination

MFR PART NR: 212-21050

NET AMT

Airway Lubricant (45ml)

Airway Lubricant (45ml) FOB: Destination

MFR PART NR: 250-21050

NET AMT

Cricothyroid Tape

FOB: Destination

MFR PART NR: 212-21150

NET AMT

Pneumathorax Bladder Set (pkg. 2)

Pneumathorax Bladder Set (pkg. 2) FOB: Destination

MFR PART NR: 212-24150

NET AMT

Pleura, Chest Drain (20pk)

Pleura, Chest Drain (20pk) FOB: Destination

MFR PART NR: 212-24250

NET AMT

Skin/Vein System, Adult Male (L)

Skin/Vein System, Adult Male (L) FOB: Destination

MFR PART NR: 312029

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

TATRC

9200 AMBER DRIVE

FREDERICK MD 21702

FOB: Destination

W56MKU

W56MKU

W56MKU

W56MKU

W56MKU

W56MKU

W56MKU

W56MKU

W56MKU

W56MKU

W56MKU

W56MKU

W56MKU

W56MKU

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (SEP 2007)

(a) Definitions. As used in this provision--``Lobbying contact'' has the meaning provided at 2 U.S.C. 1602(8). The terms ``agency,'' ``influencing or attempting to influence,'' ``officer or employee of an agency,'' ``person,'' ``reasonable compensation,'' and ``regularly employed'' are defined in the FAR clause of this solicitation entitled ``Limitation on Payments to Influence Certain Federal Transactions'' (52.203-12).

(b) Prohibition. The prohibition and exceptions contained in the FAR clause of this solicitation entitled ``Limitation on Payments to Influence Certain Federal Transactions'' (52.203-12) are hereby incorporated by reference in this provision.

(c) Certification. The offeror, by signing its offer, hereby certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on its behalf in connection with the awarding of this contract.

(d) Disclosure. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(e) Penalty. Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by 31 U.S.C. 1352. Any person who makes an expenditure prohibited under this provision or who fails to file or amend the disclosure required to be filed or amended by this provision, shall be subject to a civil penalty of not less than $10,000, and not more than $100,000, for each such failure.

(End of provision)

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (JUN 2020)

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

Agency means executive agency as defined in Federal Acquisition Regulation (FAR) 2.101.

Covered Federal action means any of the following actions:

(1) Awarding any Federal contract.

(2) Making any Federal grant.

(3) Making any Federal loan.

(4) Entering into any cooperative agreement.

(5) Extending, continuing, renewing, amending, or modifying any Federal contract, grant, loan, or cooperative agreement.

Indian tribe and tribal organization have the meaning provided in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b) and include Alaskan Natives.

Influencing or attempting to influence means making, with the intent to influence, any communication to or appearance before an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any covered Federal action.

Local government means a unit of government in a State and, if chartered, established, or otherwise recognized by a State for the performance of a governmental duty, including a local public authority, a special district, an intrastate district, a council of governments, a sponsor group representative organization, and any other instrumentality of a local government.

Officer or employee of an agency includes the following individuals who are employed by an agency:

(1) An individual who is appointed to a position in the Government under Title 5, United States Code, including a position under a temporary appointment.

(2) A member of the uniformed services, as defined in subsection 101(3), Title 37, United States Code.

(3) A special Government employee, as defined in section 202, Title 18, United States Code.

(4) An individual who is a member of a Federal advisory committee, as defined by the Federal Advisory Committee Act, Title 5, United States Code, appendix 2.

Person means an individual, corporation, company, association, authority, firm, partnership, society, State, and local government, regardless of whether such entity is operated for profit, or not for profit. This term excludes an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in paragraph (b) of this clause and are permitted by other Federal law.

Reasonable compensation means, with respect to a regularly employed officer or employee of any person, compensation that is consistent with the normal compensation for such officer or employee for work that is not furnished to, not funded by, or not furnished in cooperation with the Federal Government.

Reasonable payment means, with respect to professional and other technical services, a payment in an amount that is consistent with the amount normally paid for such services in the private sector.

Recipient includes the Contractor and all subcontractors. This term excludes an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in paragraph (b) of this clause and are permitted by other Federal law.

Regularly employed means, with respect to an officer or employee of a person requesting or receiving a Federal contract, an officer or employee who is employed by such person for at least 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person for receipt of such contract. An officer or employee who is employed by such person for less than 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person shall be considered to be regularly employed as soon as he or she is employed by such person for 130 working days.

State means a State of the United States, the District of Columbia, or an outlying area of the United States, an agency or instrumentality of a State, and multi-State, regional, or interstate entity having governmental duties and powers.

(b) Prohibition. 31 U.S.C. 1352 prohibits a recipient of a Federal contract, grant, loan, or cooperative agreement from using appropriated funds to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any covered Federal actions. In accordance with 31 U.S.C. 1352, the Contractor shall not use appropriated funds to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the award of this contractor the extension, continuation, renewal, amendment, or modification of this contract.

(1) The term appropriated funds does not include profit or fee from a covered Federal action.

(2) To the extent the Contractor can demonstrate that the Contractor has sufficient monies, other than Federal appropriated funds, the Government will assume that these other monies were spent for any influencing activities that would be unallowable if paid for with Federal appropriated funds.

(c) Exceptions. The prohibition in paragraph (b) of this clause does not apply under the following conditions:

(1) Agency and legislative liaison by Contractor employees.

(i) Payment of reasonable compensation made to an officer or employee of the Contractor if the payment is for agency and legislative liaison activities not directly related to this contract. For purposes of this paragraph, providing any information specifically requested by an agency or Congress is permitted at any time.

(ii) Participating with an agency in discussions that are not related to a specific solicitation for any covered Federal action, but that concern--

(A) The qualities and characteristics (including individual demonstrations) of the person's products or services, conditions or terms of sale, and service capabilities; or

(B) The application or adaptation of the person's products or services for an agency's use.

(iii) Providing prior to formal solicitation of any covered Federal action any information not specifically requested but necessary for an agency to make an informed decision about initiation of a covered Federal action;

(iv) Participating in technical discussions regarding the preparation of an unsolicited proposal prior to its official submission; and

(v) Making capability presentations prior to formal solicitation of any covered Federal action by persons seeking awards from an agency pursuant to the provisions of the Small Business Act, as amended by Pub.L. 95-507, and subsequent amendments.

(2) Professional and technical services. (i) A payment of reasonable compensation made to an officer or employee of a person requesting or receiving a covered Federal action or an extension, continuation, renewal, amendment, or modification of a covered Federal action, if payment is for professional or technical services rendered directly in the preparation, submission, or negotiation of any bid, proposal, or application for that Federal action or for meeting requirements imposed by or pursuant to law as a condition for receiving that Federal action.

(ii) Any reasonable payment to a person, other than an officer or employee of a person requesting or receiving a covered Federal action or an extension, continuation, renewal, amendment, or modification of a covered Federal action if the payment is for professional or technical services rendered directly in the preparation, submission, or negotiation of any bid, proposal, or application for that Federal action or for meeting requirements imposed by or pursuant to law as a condition for receiving that Federal action. Persons other than officers or employees of a person requesting or receiving a covered Federal action include consultants and trade associations.

(iii) As used in paragraph (c)(2) of this clause, ``professional and technical services'' are limited to advice and analysis directly applying any professional or technical discipline (for examples, see FAR 3.803(a)(2)(iii)).

(iv) Requirements imposed by or pursuant to law as a condition for receiving a covered Federal award include those required by law or regulation and any other requirements in the actual award documents.

(3) Only those communications and services expressly authorized by paragraphs (c)(1) and (2) of this clause are permitted.

(d) Disclosure. (1) If the Contractor did not submit OMB Standard Form LLL, Disclosure of Lobbying Activities, with its offer, but registrants under the Lobbying Disclosure Act of 1995 have subsequently made a lobbying contact on behalf of the Contractor with respect to this contract, the Contractor shall complete and submit OMB Standard Form LLL to provide the name of the lobbying registrants, including the individuals performing the services.

(2) If the Contractor did submit OMB Standard Form LLL disclosure pursuant to paragraph (d) of the provision at FAR 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions, and a change occurs that affects Block 10 of the OMB Standard Form LLL (name and address of lobbying registrant or individuals performing services), the Contractor shall, at the end of the calendar quarter in which the change occurs, submit to the Contracting Officer within 30 days an updated disclosure using OMB Standard Form LLL.

(e) Penalties. (1) Any person who makes an expenditure prohibited under paragraph (b) of this clause or who fails to file or amend the disclosure to be filed or amended by paragraph (d) of this clause shall be subject to civil penalties as provided for by 31 U.S.C.1352. An imposition of a civil penalty does not prevent the Government from seeking any other remedy that may be applicable.

(2) Contractors may rely without liability on the representation made by their subcontractors in the certification and disclosure form.

(f) Cost allowability. Nothing in this clause makes allowable or reasonable any costs which would otherwise be unallowable or unreasonable. Conversely, costs made specifically unallowable by the requirements in this clause will not be made allowable under any other provision.

(g) Subcontracts.

(1) The Contractor shall obtain a declaration, including the certification and disclosure in paragraphs (c) and (d) of the provision at FAR 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions, from each person requesting or receiving a subcontract under this contract that exceeds the threshold specified in FAR 3.808 on the date of subcontract award. The Contractor or subcontractor that awards the subcontract shall retain the declaration.

(2) A copy of each subcontractor disclosure form (but not certifications) shall be forwarded from tier to tier until received by the prime Contractor. The prime Contractor shall, at the end of the calendar quarter in which the disclosure form is submitted by the subcontractor, submit to the Contracting Officer within 30 days a copy of all disclosures. Each subcontractor certification shall be retained in the subcontract file of the awarding Contractor.

(3) The Contractor shall include the substance of this clause, including this paragraph (g), in any subcontract that exceeds the threshold specified in FAR 3.808 on the date of subcontract award.

(End of clause)

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011)

Postconsumer fiber means—

(1) Paper, paperboard, and fibrous materials from retail stores, office buildings, homes, and so forth, after they have passed through their end-usage as a consumer item, including: used corrugated boxes; old newspapers; old magazines; mixed waste paper; tabulating cards; and used cordage; or

(2) All paper, paperboard, and fibrous materials that enter and are collected from municipal solid waste; but not

(3) Fiber derived from printers' over-runs, converters' scrap, and over-issue publications.

(b) The Contractor is required to submit paper documents, such as offers, letters, or reports that are printed or copied double-sided on paper containing at least 30 percent postconsumer fiber, whenever practicable, when not using electronic commerce methods to submit information or data to the Government.

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)

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 the provision at 52.204-26, Covered Telecommunications Equipment or Services--Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items.

(a) Definitions. As used in this provision-

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

(b) Prohibition.

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

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

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

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

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

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

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

(d) Representations. The Offeror represents that--

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

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

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

(e) Disclosures.

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

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

Covered telecommunications equipment or services means--

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

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

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

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

Critical technology means--

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

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

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

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

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

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

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

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

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 (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information 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 telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

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

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(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, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. 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.

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

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

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

(d) Reporting requirement.

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

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

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

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

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

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

This is a Brand name procurement conducted under FAR 13 and NAICS 334510.

The Government intends to award a contract to the offeror that meets the technical requirements and provides a fair and reasonable price.

Factor 1 Technical Acceptability: Conformance to the SOW - The government will evaluate the proposed quote on conformance to the SOW.

Factor 2 Price: The offeror will be evaluated for reasonableness and completeness.

A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

52.212-2 ADDENDUM

a. Reasonableness - The offeror's Price will be evaluated separately to determine the degree to which the proposed prices compare to the prices a reasonable prudent person would expect to incur for the same or similar equipment.

b. Completeness- The offeror's Price proposal will be examined to ensure that the requirements stated in Section L for price proposals have been completed.

Price shall be submitted separately from all other factors.

RATING SCALES

Technical Acceptable/Unacceptable Ratings

Table A-1. Technical Acceptable/Unacceptable Ratings