Synopsis Solictation Rev 3.docx

Request for Proposal

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation. The solicitation number is 70US0922R70092651 and is issued as a Request for Proposal (RFP) for Spectroscopy Maintenance Services. This requires vendor to provide Agilent ThermoFisher Scientific AB Assurance 1PM, Unity Essential Service Plan coverage for laboratory Agilent spectroscopy instruments and their integrated equipment to maintain operational use a minimum of 95% of time. The solicitation document and incorporated provisions and clauses are those in effect through the Federal Acquisition Circular 2022- 07 effective August 10, 2022. The associated North American Industry Classification System (NAICS) code 811219 Other Electronic and Precision Equipment Manufacturing and PSC code 4940 – Miscellaneous Maintenance and Repair Shop Specialized Equipment. The Government intends to award competitive Firm Fixed Price contracts with a Base and Four (4) one-year options from this solicitation. The anticipated Period of Performance is September 13, 2022 to August 12, 2027.

FAR 52.212-1 Instructions to Offerors - Commercial Items. (NOV 2021) is applicable to this solicitation.

FAR 52.212-2, Evaluation-Commercial Products and Commercial Services (NOV 2021) and the specific evaluation criteria to be included in paragraph (a) of that provision is applicable to this solicitation.

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: (i) direct service (ii) vendor experience; (iii) service schedule; and (iv) price.

Selection of award shall be based on Best Value (Trade Off). All offerors shall provide specifications to show Spectroscopy Maintenance Services meet specifications in accordance with the Statement of Work (SOW). All specifications must be met or exceeded.

Evaluation weight is based on the technical factors: (1) Direct Services, (2) Vendor Experience/Past Performance (3) Delivery Schedule are most important than (4) over price/cost. Technical factors will be weighed based on the quality of submission (provided all requested elements) versus the minimum requirement. Technical factors are listed in order of with the following weightings:

A completed copy of the provision FAR 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services (NOV 2021) must be included with Offeror’s proposal. If you have completed the annual representations and certifications electronically through the System for Award Management (SAM), then provide a statement as such and it shall be verified.

FAR 52.212-4, Contract Terms and Conditions-Commercial Products and Commercial Services (NOV 2021), applies to this acquisition. Potential offerors are hereby notified that the solicitation and subsequent amendments to the solicitation shall only be available by downloading the documents at the SAM Website at https://sam.gov. By submitting a response to this solicitation, the vendor shall be self- certifying that neither the offeror nor the principal corporate officials and owners are currently suspended, debarred, or otherwise ineligible to receive contracts from any Federal Agency.

Statement of Work (SOW)

1. GENERAL INFORMATION

A. Title of Project / Identification of the Requirement

Laboratory Spectroscopy Maintenance Services

B. Background

The purpose of this Statement of Requirements is to procure ThermoFisher AB Assurance 1PM and Unity Essential Level Service Plans coverage for laboratory spectroscopy instruments for the United States Secret Service (USSS). USSS has utilized multiple consecutive agreements in the past for spectroscopy systems are used to support the time-sensitive protective mission of the United States Secret Service (USSS). The spectroscopy systems, purchased from 2011 to 2018, are maintained and on a scheduled replacement cycle. New units will be purchased according to the schedule and need of the organization. New or equivalent models will be added to the task order list and older units removed annually.

C. Scope / Purpose & Objective

The purpose of this Statement of Requirements is to procure Agilent ThermoFisher Scientific AB Assurance 1PM, Unity Essential Service Plan coverage for laboratory Agilent spectroscopy instruments and their integrated equipment to maintain operational use a minimum of 95% of time for the United States Secret Service (USSS). This includes 3 day on-site from dispatch repair service, annual preventative maintenance, telephone and email technical support (hardware, software, instrument), use of original equipment manufacturer parts and consumables, with a minimum of two service engineers capable of completing USSS site suitability access approval background evaluation on a continuous basis. All labor, travel, parts, and consumable costs are included in the service agreement cost. Due to operational considerations, not all units will be available at the same time and will require flexibility to address all need and complete the work in time allotted. Annual asset requirements will be specified by individual task orders.

D. Security Requirements

1. The contractor and his/her employees and sub-contractors shall be citizens of the United States.

2. The US Secret Service Contracting Officer Representative (COR) or their US Secret Service designee is responsible for determining the contract employee’s position description level as being either Non-Sensitive, Low Risk, Moderate Risk, or High Risk. The COR or their designee will also make the determination when contract employees require access to US Secret Service controlled Information Technology systems, unless otherwise stipulated within this Statement of Work.

Contract employees shall undergo a favorable Suitability Assessment as determined by the US Secret Service’s Security Clearance Division’s, Clearance and Access Branch (SCD-CAB) prior to performing any work within US Secret Services controlled access facilities or on US Secret Service’s information technology systems. Additional Suitability Assessments will be required for continued work requirements as determined by SCD-CAB, but no less than once every six months.

The contractor shall submit to the COR the following completed documentation for each contract employee requiring access to US Secret Services controlled access facilities, in order to satisfy initial and/or recurring (as requested by the COR) Suitability Assessments:

3. When work performance requirements exceed Non-Sensitive standards, additional Suitability Assessment reviews will be required prior to access being granted, specifically:

· Contract employees who provide support in Low Risk positions must have undergone a minimum of a Tier 1/NACI (National Agency Check and Inquiries) level background investigation within the last 10 years; or otherwise be the subject of a favorable US Secret Service controlled Tier 1/NACI background investigation.

· Contract employees who provide support in Moderate or High positions must have undergone a minimum of a Tier 4a/BI (Background Investigation) level background investigation within the last 5 years; or otherwise be the subject of a favorable US Secret Service controlled Tier 4a/BI background investigation.

· For contract employee positions that require access to US Secret Service controlled Information Technology systems, the contract employee must have undergone a minimum of a Tier 4a/BI (Background Investigation) level background investigation within the last 5 years; or otherwise be the subject of a favorable US Secret Service controlled Tier 4a/BI background investigation.

For sensitivity positions determined as Low Risk, Moderate Risk, or High Risk; or, for positions that require access to US Secret Service controlled Information Technology systems, the contractor shall submit to the COR (only when requested) the following completed form:

· SF 85P: Questionnaire for Public Trust Positions

E. Privacy Act [Not Applicable]

Work on this project does not require that personnel have access to Privacy Information. Personnel shall adhere to the Privacy Act, Title 5 of the U.S. Code, Section 552a and applicable agency rules and regulations.

F. Period of Performance / Delivery

Services will be performed from 09/13/2022 to 09/12/2023, with four one-year options through 09/12/2027.

G. Place of Performance / Delivery

Services will take place primarily at the Joint Base Anacostia Bolling in Washington, DC.

H. Contract Type

Firm Fixed-Price (FFP)

I. Definitions

CDL – Commercial Driver’s License CO – Contracting Officer COR – Contracting Officer Representative CR – Curative Repair DHS – Department of Homeland Security FTIR – Fourier Transform Infared ISO – International Organization for Standardization PM – Preventative Maintenance SCD-CAB – Security Clearance Division’s, Clearance and Access Branch SSF – Secret Service Form US – United States USSS – United States Secret Service XRF – X-ray Fluorescence

J. Government Furnished Equipment/Information

The Government will provide access to the Government owned facilities and Government owned spectroscopy systems. Locations for use of systems may consist of laboratory rooms, cabinets, and storage rooms. Upon request and approved need, Government-owned documentation and manuals may be provided if Government deems them necessary to perform the task.

K. Travel Travel to the instrument site is required to perform on-site annual preventative maintenance and as needed curative repair. All labor, travel, parts, and consumable costs are included in the service agreement cost.

L. Special Conditions

a. Facility Access All contractor and subcontractor employees with an area of performance within a US Military controlled installation, facility, and area will comply with applicable installation, facility, and area commander installation/facility access and local security policies and procedures (provided by government security representative or COR) in addition to those established by the USSS and listed above in Security.

The contractor must be granted Joint Base Anacostia Bolling site access approval prior to any maintenance or repair event. If additional materials or components are needed, the contractor vehicle and delivery must be screened prior to delivery or pickup. The contractor will notify the COR in advance and submit to the COR the following information a minimum 24 hours prior to delivery for each vehicle and each person requiring access:

· Employee’s full name

· Company name

· Date of birth

· Contact mobile phone number

· Dates and times of visit

· Delivery volume and description (i.e., 4 pallets of filters, parts, etc.)

The information is required prior to the person’s first visit and is usually valid for approximately six months. At the front gate, the contractor will obtain a visitor’s pass after presenting proper identification documents and may be subject to vehicle inspection prior to entry. A contractor escort will be provided as needed. Entry requirements may change as directed by the Force Protection Condition (FPCON). The COR will communicate any additional requirements prior to the first delivery and as they develop.

b. Safety and Health The contractor will comply with all Federal, State, Military, and local laws and regulations concerning the environmental, occupational safety and health, and hazardous material. In case of conflict among these laws and regulations, the most stringent law or regulation will apply. The contractor will ensure employees have all required training and certifications related to Occupational Safety and Health Administration (OSHA) requirements.

c. Hazardous Materials The contractor will perform work in areas where hazardous materials are present. Contractor personnel responsible for reviewing proper training in the accessing hazardous areas, which may include the use of personnel protective equipment. The contractor is responsible for handling and disposal of spectroscopy systems components that may contain hazardous materials.

d. Government Observers Government personnel, such as CO, COR, or Facilities staff are authorized to observe contractor activities. Efforts will be made to minimize the degree of disturbance on contractor performance.

e. Hours of Operation

1. Hours of Access. Contractors will be permitted on-site between 0630 to 1500 (6:30 AM – 3:00 PM), Monday through Friday, excluding federal holidays and Government shutdowns. Vehicle screening for deliveries is available 0700 to 1300 (7:00 AM to 1:00 PM) daily and must be completed prior to arrival at site. Work outside of this schedule must be approved in advance by the COR and the Contractor.

2. Closed Days. All closed days for the location will be designated by the Installation Commander, Joint Base Anacostia Bolling, Washington DC and the USSS Facility Manager. Closed days will be associated with inclement weather/dangerous conditions and/or National Security. The contractor will not be allowed access during designated closed days, unless the service is deemed to be essential and authorized by the CO.

3. Inclement Weather. When the government agency is closed by the Installation Commander or USSS Facility Manager because of inclement weather conditions and/or dangerous conditions, notification of the closing will be broadcast over local radio and television stations. The contractor will contact the COR prior to any delivery attempt when Inclement Weather is suspected or anticipated.

4. Holidays. A list of government agency observed holidays and/or closed days in conjunction with holidays will be published at the beginning of each calendar year. The contractor will not be allowed access to government property on a holiday unless deemed essential and authorized by the CO. The contractor is advised that access to the government installation may be restricted on these holidays: New Year, Martin Luther King Birthday, Washington’s Birthday, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving, and Christmas.

2. REQUIREMENTS

A. Contractor Ability The Contractor must have the experience and reliability to adequately maintain ThermoFisher spectroscopy systems and related laboratory equipment as noted below in Instrumentation Table. The Contractor must be able to quickly diagnose and repair the equipment to individual equipment manufacturer(s), USSS and applicable ISO standards as applicable. This requires access to manufacturer parts, hardware, and software as needed to ensure functionality and availability of equipment as well as priority telephone and email technical support. Functional laboratory equipment is critical in order to ensure that supported operations are not compromised.

The contractor is responsible for providing equivalent service to the ThermoFisher Scientific AB Assurance 1PM, Unity Essential service for on-site unscheduled curative repair and scheduled preventative maintenance for laboratory spectroscopy systems (shown in the table below) to support USSS operations at Joint Base Anacostia Bolling and USSS Washington DC laboratory locations. The number of units covered will vary year to year to address operational needs and replacement cycle. The number to be covered will be addressed annually prior to the task order.

All preventative maintenance and curative repair will be performed in compliance with equipment manufacturer and applicable ISO standards, including with manufacturer recommended parts, hardware, and software as needed to ensure functionality and availability of equipment and includes all parts, labor, and required components.

The contractor is responsible all acquisition of all components needed for the preventative maintenance tasks and curative repair as part of this contract.

Instrument Table for Preventative Maintenance and Curative Repair Service Item

Item

Systems Component Breakdown

B. Scheduled Preventative Maintenance:

1. Annual asset requirements will be specified by individual task orders. The contractor will perform annual ThermoFisher Scientific AB Assurance 1PM, Unity Essential preventative maintenance on each type of instrument shown in the instrument table. Preventative maintenance for each component will be completed following the manufacturers maintenance schedule. Each unit must be operationally functional without error or modifications upon completion of service. Units will be operational and have an uptime greater than 95% of the time.

2. As equipment is continuously in use and rotation, preventative maintenance will occur over the course of at least 2 business days during working hours. The Contractor is responsible for ensuring all equipment undergoes preventative maintenance within 1 month of its scheduled frequency. The Contractor is responsible for providing prior notice and coordinating with the COR for upcoming preventative maintenance visits.

3. The contractor will provide a service report unique to each piece of equipment detailing the preventative maintenance performed in accordance manufacturer’s specifications and ISO 17025 and ISO 9001 requirements and any recommendations for further service or care.

C. Curative Repair:

1. Annual asset requirements will be specified by individual task orders and will match items identified in the preventative maintenance section. Task orders for unscheduled repairs are included in the ThermoFisher Scientific AB Assurance 1PM, Unity Essential firm, fixed price and include such as parts, travel, shipping, and other expenses expected for normal preparation and delivery of contract requirements.

2. The contractor will provide four hours call back response on notification of a problem or need for curative repair and three (3) day or better on-site response by a trained and qualified Service Engineer/Technician for the curative repair.

3. All repairs will be completed in one site visit unless approved by COR. On-site services will include correcting any software and hardware interface issues as well as performing all required physical repairs and adjustments to return the equipment to proper working order. Curative repair for each component will allow each unit to be operationally functional without error or modifications upon completion of service. Units will be operational and have an uptime greater than 95% of the time.

4. The contractor will provide a service report unique to each piece of equipment detailing the curative repairs performed in accordance with ISO 17025 requirements and any recommendations for further service or care.

D. New / Additional Equipment:

1. With agreement between the Contractor and USSS COR, additional types of spectroscopy systems maybe added or removed based on replacement schedules. The Contractor may negotiate with the USSS if the Contractor deems that a presented equipment model is significantly different than a model listed in the Equipment Table.

2. Any new spectroscopy systems purchased will be under manufacturer’s warranty for the first year of service. Requirements will be specified by individual task orders after Contractor and COR approval of model (if different than listed in Equipment Table).

E. Depot Repair/Replace Services

1. Portable instrumentation maybe authorized for Depot Repair/Exchange with guaranteed priority response time of three (3) business days for repairs. TruNARC, MultiSkan Microplate Spectrophotometer, and Niton XL3t XRF systems are considered portable.

2. Equipment repair will be performed in accordance with the requirements established under curative repair. If the units cannot be repaired onsite, the Contractor may remove the equipment from property for duration of repair with the CORs prior approval.

3. If the unit must be transferred off- site for further repair, the Government is responsible for shipping costs to the off-site location for the affected unit(s). The Contractor is responsible for shipping costs to return the unit to the Government site. The Contractor will detail if is able to provide a temporary loaner to the Government at no cost during any depot off-site repairs based on the type of unit and duration of repair.

F. Extended Repair

1. If the Contractor anticipates that a repair will take longer than 3 business days to respond, or 1 day of onsite service due to factors such as (but not limited to) complexity, intermittent nature of problem, or shortage of available parts, the COR will be notified via email with a proposed path forward and proposed completion date.

2. If this equipment requires extensive repair, the Contractor may remove the equipment from property for duration of repair with the CORs prior approval. The Contractor will detail if is able to provide a temporary loaner to the Government at no cost during any extensive off-site repairs based on the type of unit and duration of repair.

3. The contractor will provide a service report unique to each piece of equipment detailing the extended repairs performed in accordance manufacturer’s specifications and ISO 17025 requirements and any recommendations for further service or care.

G. Qualified Staff

1. The contractor will provide appropriately qualified staff (referred to as service engineer/technicians) that can achieve and maintain USSS site suitability approval as defined in the Security section.

2. The contractor is responsible for maintaining a minimum of two site suitability approved service engineers per platform available for curative repair and PM services throughout the contract period of performance.

3. Contractors may be authorized for multiple platforms, but a minimum of two contract personnel per platform must maintain favorable Suitability Assessment approval.

4. Qualified personnel will be trained and company certified to perform preventative maintenance and curative repairs.

5. The contractor will provide the COR required site suitability documentation for the qualified staff within five (5) business days of award.

H. Parts and Consumables

1. The contractor is expected to arrive with the parts predicted to be needed for the preventative maintenance and repair. Provide all parts and labor for service calls including compressors and any accessory components costs.

2. All parts and components must meet manufacturer’s specification or equivalency and laboratory quality standards.

3. The contractor will replace spectroscopy systems components that do not meet specifications, laboratory standards, or content and will be replaced at no cost to the government, within 48-hours after receipt of the discrepancy notification issued from the COR within seven calendar days after preventative maintenance or repair.

I. Faulty or Damaged Spectroscopy systems

1. The contractor will repair any Spectroscopy System deemed faulty or inoperable post a preventative maintenance or curative repair service visit at no cost to the government within 3 business days after notification by the COR.

2. If the Spectroscopy System is not able to be repaired, the Contractor will provide recommendations for rebuild, replacement, or alternate means of correction.

3. Extensive repairs outside PM services will also be handled as curative repairs and may incur shipping costs for off-site repairs. The Contractor may negotiate with the USSS if the Contractor deems that a presented equipment model is significantly different than a model listed in the Equipment Table.

J. Relocation and Removal

1. The contractor will not remove or relocate any spectroscopy systems or components without prior approval by the COR.

2. All requests for removal or relocation of spectroscopy systems must be submitted in writing to the recipient at the spectroscopy systems location with a copy of the request forwarded to the COR.

K. Spectroscopy systems PM and CR Management

1. The main laboratory has several locations for spectroscopy systems at Joint Base Anacostia Bolling facility. It is the responsibility of the contractor to perform preventative maintenance and curative repairs in locations requested. These maintenance and repairs must be accomplished using contractor owned equipment and personnel.

2. The government reserves the right to relocate spectroscopy systems and contractor owned equipment located on government property to facilitate emergency responses or to safeguard either government or contractor owned property.

3. The contractor will have the capability to track spectroscopy systems utilizing automated procedures to ensure that proper Spectroscopy System maintenance frequency and availability is maintained after each maintenance or repair event. All discrepancies will be reported to the contractor by the COR within seven (7) calendar days of delivery.

L. Customer Service

1. The contractor will be available by phone during normal working hours of 0700 to 1700 (7:00 AM to 5:00 PM) in the facility location time zone to answer questions, facilitate scheduling, and resolve any issues.

2. The contractor will coordinate with the COR at least one week in advance to schedule the preventive maintenance and repair services. The contractor will provide 24 hours a day/7 days a week telephone support service with a call back within 4 business hours.

3. For emergency issues outside normal working hours, the contractor will provide an emergency call back number to the COR. The emergency callback number must be able to be return a call within 2 hours of notification. Routine communications will occur during normal working hours.

4. The contractor will be proactive in working with the customers to identify potential cost savings, such as transitioning from individual spectroscopy systems to cylinders/containers or bulk gas systems where usage rates will support these options.

3. DELIVERABLES

A. Service Reports The contractor shall submit a service report detailing services performed (preventative maintenance or curative repair), serial number and system ID, items replaced, before and after conditions for each piece of equipment, individual performing the service, date of service, and any findings or recommendations for additional work to ensure improvement. Report to be submitted to COR within 48 hours of work completion.

If an item is unable to be maintained, repaired, or replaced, the contractor shall provide a report regarding measures taken to attempt the maintenance and/or repair and the Contractor’s assessment of the problem to the COR within 48 hours of work completion.

B. Preventative Maintenance Certification The contractor shall place a valid PM sticker on all equipment that underwent PM by the Contractor. The sticker will include date of service, next scheduled date of service, and service engineer’s name.

C. Invoice/Manifest The contractor will provide a copy of all billable components for any off-site or extended repairs including the number and identity of spectroscopy systems to the COR. Report must be submitted to COR within 2 business days of repair completion or arrival of the off-site item on-site.

D. Personnel Qualifications The contractor will provide appropriately qualified staff that can achieve and maintain USSS site suitability approval as defined in the Security section. Qualified personnel will be trained and certified to repair and perform laboratory spectroscopy systems maintenance as defined above. The contractor will provide the COR required site suitability documentation for the qualified staff within five (5) business days of award. The contractor is responsible for maintaining a minimum of two site suitability approved individuals available throughout the contract period of performance.

Upon request from the COR, the Contractor will provide training and certification records for assigned delivery personnel to demonstrate acceptable training in maintenance and repair of spectroscopy systems.

E. Capability The Contractor will provide the COR with documentation demonstrating capabilities to perform applicable services prior to beginning base-year activities and prior to the exercising of each option year.

F. Documentation Ownership

Maintenance reports, invoices, and capability statement documentation developed during the course of the work performance will become property of the Government.

4. APPLICABLE DOCUMENTS

The documents and links listed in this section which relate to laboratory spectroscopy systems are applicable to this SOW.

· ISO 17025 (https://www.iso.org/standard/39883.html)

· ISO 9001:2000 Quality Program (https://www.iso.org/standard/21823.html)

· Unity Essential Service (https://www.unitylabservices.com/en/instrument-services/support-plan-options/scientific-equipment-support-plan-options/essential-support-plan.html)

· ThermoFisher Scientific AB Assurance 1PM (https://www.thermofisher.com/us/en/home/products-and-services/services/instrument-qualification-services/instrument-services/service-plans/ab-assurance-plan.html

· GSA Advantage – Product Codes (http://gsaadvantage.gov/)

5. PERFORMANCE REQUIREMENTS

The government requires that laboratory spectroscopy systems preventative maintenance and curative repair services are performed on schedule and in accordance with manufacturer’s specifications to ensure proper operation of the instrumentation. Delays and errors can have a devastating effect on performing sample monitoring with the potential to elevate human health and environmental risk.

(Standard) Maximum Allowable Degree of Deviation from Requirement

Preventive Maintenance on spectroscopy systems

PROVISIONS

52.204-22 Alternative Line-Item Proposal. (Jan 2017)

(a) The Government recognizes that the line items established in this solicitation may not conform to the Offeror’s practices. Failure to correct these issues can result in difficulties in acceptance of deliverables and processing payments. Therefore, the Offeror is invited to propose alternative line items for which bids, proposals, or quotes are requested in this solicitation to ensure that the resulting contract is economically and administratively advantageous to the Government and the Offeror.

(b) The Offeror may submit one or more additional proposals with alternative line items, provided that alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation. However, acceptance of an alternative proposal is a unilateral decision made solely at the discretion of the Government. Offers that do not comply with the line items specified in this solicitation may be determined to be nonresponsive or unacceptable.

(End of provision)

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 a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a federal contract. Nothing in the prohibition shall be construed to—

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

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

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

(d) Representation. The Offeror represents that—

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

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that— It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds “does” in paragraph (d)(2) of this section.

(e) Disclosures.

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

(i) For covered equipment—

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

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

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

(ii) For covered services—

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

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

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

(i) For covered equipment—

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

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

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

(ii) For covered services—

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

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

(End of provision)

52.204-26 Covered Telecommunications Equipment or Services-Representation (DEC 2019)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) 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”.

(c) Representation. The Offeror represents that it □ does, □ 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.

(End of provision)

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications. (Jun 2020)

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

(1) Means–

(i) A natural person.

(ii) A corporation, business association, partnership, society, trust, financial institution, insurer, underwriter, guarantor, and any other business organization, any other nongovernmental entity, organization, or group, and any governmental entity operating as a business enterprise; and

(iii) Any successor to any entity described in paragraph (1)(ii) of this definition; and

(2) Does not include a government or governmental entity that is not operating as a business enterprise.

Sensitive technology-

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically-

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act ( 50 U.S.C. 1702(b)(3)).

(b) The offeror shall e-mail questions concerning sensitive technology to the Department of State at CISADA106@state.gov.

(c) Except as provided in paragraph (d) of this provision or if a waiver has been granted in accordance with Federal Acquisition Regulation (FAR) 25.703-4, by submission of its offer, the offeror—

(1) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran, or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran.

(2) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act. These sanctioned activities are in the areas of development of the petroleum resources of Iran, production of refined petroleum products in Iran, sale, and provision of refined petroleum products to Iran, and contributing to Iran's ability to acquire or develop certain weapons or technologies; and

(3) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds the threshold at FAR 25.703-2(a)(2) with Iran's Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (see OFAC's Specially Designated Nationals and Blocked Persons List at https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx).

(d) Exception for trade agreements. The representation requirement of paragraph (c)(1) and the certification requirements of paragraphs (c)(2) and (c)(3) of this provision do not apply if-

(1) This solicitation includes a trade agreements notice or certification (e.g., 52.225-4, 52.225-6, 52.225-12, 52.225-24, or comparable agency provision); and

(2) The offeror has certified that all the offered products to be supplied are designated country end products or designated country construction material.

(End of provision)

52.252-2 Clauses Incorporated by Text.

As prescribed in 52.107(b), insert the following clause:

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): https://www.acquisition.gov.

(End of clause)

Clauses incorporated by reference:

52.202-1 Definitions. (JUN 2020) 52.203-5 Covenant Against Contingent Fees. (May 2014) 52.203-6 Restrictions on Subcontractor Sales to the Government. (Jun 2020) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (JUN 2020) 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights. (JUN 2020) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. (MAY 2011) 52.204-13 System for Award Management Maintenance. (OCT 2018) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services. (NOV 2021) 52.215-19 Notification of Ownership Changes. (OCT 1997) 52.232-1 Payments (APR 1984) 52.232-11 Extras. (APR 1984) 52.232-39 Unenforceability of Unauthorized Obligations. (JUN 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (DEC 2013) 52.242-13 Bankruptcy. (JUL 1995) 52.243-1 Changes-Fixed-Price (AUG 1987)

Clauses incorporated by full text:

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services. (May 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)…