Solicitation Amendment - W911RX26QA0060001 Professional Appearance.pdf

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Attached to
Unitron AGPU Repairs
Solicitation number
W911RX26QA006
Issued by

About this file

This is a Request for Quote (RFQ) solicitation for repair and refurbishment services of ground power units (GPUs) at Fort Riley, Kansas. The solicitation is issued by the 928th MICC Contracting Battalion Mission Support Division for the 3-1 Aviation Helicopter Battalion, 1st Combat Aviation Brigade, 1st Infantry Division. Quotes are due by 11:00 AM CST on March 5, 2026. The requirement involves repair and service of two Unitron GFC-37M Ground Power Units and two Unitron GFC-25M Ground Power Units in accordance with a Performance Work Statement (PWS) and applicable manufacturer instructions, with known repairs listed on a known deficiencies list. The contract includes three Contract Line Item Numbers (CLINs): CLIN 0001 for repair and refurbishment (1 job, firm fixed price), CLIN 0002 for optional delivery and shipment (1 job, firm fixed price, only if vendor chooses to conduct work at contractor's facility rather than government location), and CLIN 0003 for over-and-above work to be priced post-award if additional damages or repairs are discovered. The period of performance runs from January 22, 2026, to March 31, 2026. Work must be completed at either the contractor's facility or Fort Riley's Building 840, Marshall Army Air Field, with delivery accepted between 0730 and 1400 hours Monday through Friday.

Award will be made on a best value basis evaluating price, schedule, and past performance. The solicitation is designated as a women-owned small business (WOSB) set-aside. Vendor quotes must include firm fixed pricing for all CLINs, acknowledgment of solicitation amendments, completed representations and certifications (FAR 52.212-3, 52.204-24, 52.204-26, and 252.229-7001), and indication of work location (government or contractor facility). Quotes must be submitted via email to Contracting Officer Christopher Richie (Christopher.a.richie.civ@army.mil), MAJ Tiffany White (tiffany.r.white21.mil@army.mil), and SFC Cory Graham (cory.j.graham5.mil@army.mil). All offerors must be registered in the System for Award Management (SAM) and provide a Unique Entity Identifier (UEI). The Product Service Code is J061 (Aircraft Maintenance, Repair, and Overhaul), and the North American Industry Classification System (NAICS) code is 488190 with a corresponding size standard of 488190. Fort Riley access requires vehicles to use designated Access Control Points (12th Street or Parker ACP), and drivers must have valid licenses, vehicle registration, proof of insurance, and pass an NCIC III background check.

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Text version

WOMEN-OWNED SMALL

BUSINESS (WOSB)

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect 8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NUMBER

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

OFFER

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

BELOW IS CHECKED

REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

SEE ADDENDUM

19.

ITEM NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Government Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH

AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND

ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS

SPECIFIED

29. AWARD OF CONTRACT: REFERENCE OFFER

DATED . . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

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

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

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

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NORTH AMERICAN

INDUSTRY CLASSIFICATION

STANDARD (NAICS):

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

THE DEFENSE PRIORITIES

AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FREE ON

BOARD (FOB) DESTINATION

UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

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

8(A)

ECONOMICALLY

DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30.

calls)

Continuation of Supplies or Services and Prices/Costs

Additional Information/Notes

Item Supplies/Service Quantity Unit Unit Price

Amount

0001 Contractor shall Repair and Refurbishment : Two (2) Unitron GFC- 37M Ground Power Units. Two (2) Unitron GFC-25M Ground Power Units.

Contractor shall complete repair and service in accordance with the PWS and all applicable manufacture instructions.

known Repairs are listed on the known deficiencies list.

Claimant Program Code: S1 Pricing Arrangement: Firm Fixed Price

1 Job

0002 This CLIN is for the cost of the Delivery and Shipment of two (2) Unitron GFC- 37M Ground Power Units and two (2) Unitron GFC-25M Ground Power Units.

This CLIN shall only be filled in if the vendor chooses to conduct the work at the Contractors Facility. If this CLIN is Left blank the vendor is acknowledging that work will be conducted at the Government facility.

Claimant Program Code: S1 Pricing Arrangement: Firm Fixed Price

1 Job

0003 OVER AND ABOVE WORK CLIN. The Vendor shall not price this CLIN. This CLIN is reserved for post award if the vendor discovers additional damages or repairs needed during performance of the contract. The contractor shall submit any additional work for review prior to the work being approved and the contract being modified.

Claimant Program Code: S1 Pricing Arrangement: Firm Fixed Price

1 Job

W911RX26QA0060001

Continuation of Description

Requirements

CABINET: PANMCC-26-P-0000 036778 FY2026 REPAIR OF 3-1, 1CAB, CHRISTIE

FREQUENCY CONVERTERS TECHNICAL POC: LT ERIN LIPTON (erin.k.lipton.mil@army.

mil) PHONE: (703)509-6564 ALTERNATE TECHNICAL POC: SFC STEPHEN NORTH (stephen.p.north4.mil@army.mil A

Product Service Code : J061 North American Industry Classification System (NAICS) : 488190

Product Service Code : J061 North American Industry Classification System (NAICS) : 488190

Product Service Code : J061 North American Industry Classification System (NAICS) : 488190

Continuation of Inspection and Acceptance

FORT RILEY ACCESS & DELIVERY INFORMATION

1. Effective immediately all commercial vehicles delivery access is restricted to the 12th Street and Parker Access Control

Points (ACP). Cargo and/or load carrying vehicles one

(1) ton and above are directed to access Fort Riley Installation by using one (1) of these designated ACPs. 12thSTREET ACP: The 12th Street ACP can be accessed from InterstateI- 70, take Exit 303, head North direction and take the 12th Street Exit. The 12thStreet ACP can also be accessed from KS Highway 18 North of the Kansas River Bridge. The 12th Street ACP is open from 5:00 a.m. to 7:00 p.m.(CST) Monday through Friday.

PARKER ACP: The Parker ACP can be accessed from Interstate I-70, take Exit 295 and head North on US Highway-77, exit on Old Highway-77, and take Parker Road toward the access control point. Parker ACP can also be accessed from

US Highway-77.The Parker ACP is open from 5:00 a.m. to 7:00 p.m. (CST) Monday through Friday.

2. Effective 1 April 2015.

a. Commercial vehicle driver(s) and/or passenger(s) must complete a successful National Crime Information Center Interstate Identification Index (NCIC III) background check to enter the installation and issued either a Fort Riley visitorpass or Fort Riley access badge.

NOTE: A pre-registration form [FR Form 103 Feb 2015] is available as .PDF download @ http://www.riley.army.mil/Portals/0/Docs/Services/RileyServices/EmergencySvcs /FRfm103ReqAccessPass.pdf The form can be filled-out at any time and turned-in at the 12thStreet ACP or Estes ACP.

b. Commercial vehicle driver(s) must possess a valid state-issued driver's license, state vehicle registration and proof of insurance for the commercial vehicle they are operating.

c. Commercial deliveries shall have a bill of lading or delivery invoice, Contract Number, delivery address, contact's name and phone number.

d. Fort Riley badges and/or visitor passes for all commercial vehicles are available at the 12th Street ACP or Parker ACP.

e. For questions pertaining to the Fort Riley access control procedures, call Directorate of Emergency Services, Security Branch @ (785) 239-3138.

3. Commercial vehicle deliveries are accepted between 0730 Hrs.to 1400 Hrs. (CST) Monday through Friday. The 12th Street ACP and Parker ACP are closed at 1900 Hrs. closed on weekends and federal holidays. The installation does not provide overnight parking. All deliveries must be accepted and offloaded the same day.

*** END OF NARRATIVE ***

Overall Contract Inspection/Acceptance Locations

0001 Inspection and Acceptance Location

Both Source Instructions: All coordination will be conducted through the Government appointed

COR.

DoDAAC: W81R15 CountryCode: USA

0001 AV BN 03 CO D AVIATION M

BLDG 840 MARSHALL ARMY AIR FIELD, FT RILEY KS 66442-0000

FT RILEY, KS 66442-0000

UNITED STATES

0002 Inspection and Acceptance Location

Both Source Instructions: All coordination will be conducted through the Government appointed

COR.

DoDAAC: W81R15 CountryCode: USA

0001 AV BN 03 CO D AVIATION M

BLDG 840 MARSHALL ARMY AIR FIELD, FT RILEY KS 66442-0000

FT RILEY, KS 66442-0000

UNITED STATES

0003 Inspection and Acceptance Location

Both Source

Instructions: All coordination will be conducted through the Government appointed

COR.

DoDAAC: W81R15 CountryCode: USA

0001 AV BN 03 CO D AVIATION M

BLDG 840 MARSHALL ARMY AIR FIELD, FT RILEY KS 66442-0000

FT RILEY, KS 66442-0000

UNITED STATES

Continuation of Deliveries or Performance

0001 Delivery Schedule 1 JobAs Required 1 Calendar Days

1 JobQuantity

Address and POC Service Performance Site DoDAAC: W81R15 CountryCode: USA

0001 AV BN 03 CO D AVIATION M

BLDG 840 MARSHALL ARMY AIR FIELD, FT RILEY KS 66442-0000 FT RILEY,

KS 66442-0000 UNITED STATES

Period of Performance From 22 Jan 2026 To 31 Mar 2026

0002 Delivery Schedule 1 JobAs Required 1 Calendar Days

1 JobQuantity

Address and POC Service Performance Site DoDAAC: W81R15 CountryCode: USA

0001 AV BN 03 CO D AVIATION M

BLDG 840 MARSHALL ARMY AIR FIELD, FT RILEY KS 66442-0000 FT RILEY,

KS 66442-0000 UNITED STATES

Period of Performance

From 22 Jan 2026 To 31 Mar 2026

0003 Delivery Schedule 1 JobAs Required 1 Calendar Days

1 JobQuantity

Address and POC Service Performance Site DoDAAC: W81R15 CountryCode: USA

0001 AV BN 03 CO D AVIATION M

BLDG 840 MARSHALL ARMY AIR FIELD, FT RILEY KS 66442-0000 FT RILEY,

KS 66442-0000 UNITED STATES

Period of Performance From 22 Jan 2026 To 31 Mar 2026

Contract Clauses

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.

2017-01

52.204-13 System for Award Management Maintenance.

2018-10

52.204-18 Commercial and Government Entity Code Maintenance.

2020-08

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

2023-12

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

2021-11

52.204-27 Prohibition on a ByteDance Covered Application.

2023-06

52.212-4 Contract Terms and Conditions- Commercial Products and Commercial Services.

2023-11

52.219-6 Notice of Total Small Business Set-Aside. 2020-11

52.222-50 Combating Trafficking in Persons. 2025-10

52.223-20 Aerosols. 2024-05

52.225-13 Restrictions on Certain Foreign Purchases. 2021-02

52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving.

2024-05

52.232-33 Payment by Electronic Funds Transfer- System for Award Management.

2018-10

52.233-3 Protest after Award. 1996-08

52.233-4 Applicable Law for Breach of Contract Claim.

2004-10

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

252.203-7000 Requirements Relating to Compensation of Former DoD Officials.

2011-09

252.203-7002 Requirement to Inform Employees of Whistleblower Rights.

2022-12

252.204-7004 Antiterrorism Awareness Training for Contractors.

2023-01

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting.

2024-05

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.

2023-01

252.204-7020 NIST SP 800-171 DoD Assessment Requirements.

2023-11

252.223-7008 Prohibition of Hexavalent Chromium. 2023-01

252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime.

2023-01

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

2018-12

252.232-7010 Levies on Contract Payments. 2006-12

252.243-7002 Requests for Equitable Adjustment. 2022-12

252.244-7000 Subcontracts for Commercial Products or Commercial Services.

2023-11

252.246-7003 Notification of Potential Safety Issues. 2023-01

252.246-7008 Sources of Electronic Parts. 2023-01

252.247-7023 Transportation of Supplies by Sea. 2024-10

DFARS Clauses Incorporated by Full Text

Date

Alternate Deviation

Variation Effective Date

252.225-7043 Antiterrorism/Force Protection for Defense Contractors Outside the United States.

2015-06

ANTITERRORISM/FORCE PROTECTION POLICY FOR DEFENSE CONTRACTORS

OUTSIDE THE UNITED STATES (JUN 2015)

(a) Definition. " United States ," as used in this clause, means, the 50 States, the District of Columbia , and outlying areas.

(b) Except as provided in paragraph (c) of this clause, the Contractor and its subcontractors, if performing or traveling outside the United States under this contract, shall-

(1) Affiliate with the Overseas Security Advisory Council, if the Contractor or subcontractor is a U.S. entity;

(2) Ensure that Contractor and subcontractor personnel who are U.S. nationals and are in-country on a non-transitory basis, register with the U.S. Embassy, and that Contractor and subcontractor personnel who are third country nationals comply with any security related requirements of the Embassy of their nationality;

(3) Provide, to Contractor and subcontractor personnel, antiterrorism/force protection awareness information commensurate with that which the Department of Defense (DoD) provides to its military and civilian personnel and their families, to the extent such information can be made available prior to travel outside the United States; and

(4) Obtain and comply with the most current antiterrorism/force protection guidance for Contractor and subcontractor personnel.

(c) The requirements of this clause do not apply to any subcontractor that is-

(1) A foreign government;

(2) A representative of a foreign government; or

(3) A foreign corporation wholly owned by a foreign government.

(d) Information and guidance pertaining to DoD antiterrorism/force protection can be obtained from ____(Contracting Officer to insert applicable information cited in PGI 225.372- 1 (DFARS/PGI view)).

(End of clause)

252.232-7006 Wide Area WorkFlow Payment Instructions.

2023-01

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

(a) As used in this clause- Definitions.

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

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

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

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

(b) The WAWF system provides the method to electronically Electronic invoicing.

process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

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

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

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

(d) The Contractor should follow the training instructions of the WAWF WAWF training.

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

(e) Document submissions may be via web WAWF methods of document submission.

entry, Electronic Data Interchange, or File Transfer Protocol.

(f) The Contractor shall use the following information WAWF payment instructions.

when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) The Contractor shall submit payment requests using the Document type.

following document type(s):

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

(ii) For fixed price line items-

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

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

2 in 1 Combo

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

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

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

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

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

(3) The Contractor shall use the information in the Routing Data Document routing.

Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC

W91LMX

Issue By DoDAAC W911RX

Admin DoDAAC

W911RX

Inspect By DoDAAC W81R15

Ship To Code W81R15

Ship From Code

Mark For Code

Service Approver (DoDAAC) W81R15

Service Acceptor (DoDAAC) W81R15

Accept at Other DoDAAC

LPO DoDAAC

DCAA Auditor DoDAAC

Other DoDAAC(s)

(4) The Contractor shall ensure a payment request includes Payment request.

documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) The Contractor shall ensure a receiving report meets the Receiving report.

requirements of DFARS Appendix F.

(g) WAWF point of contact.

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

individual will be identified at time of award

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

Contract Terms and Conditions Required To Implement Statutes or Executive Orders — Commercial Products and Commercial Services

FAR Clauses Incorporated by Full Text

Number Title Effective Date

Alternate Deviation

Variation Effective Date

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders- Commercial Products and Commercial Services.

2025-01

Contract Terms and Conditions Required To Implement Statutes or Executive Orders- Commercial Products and Commercial Services (Jan 2025)

The Contractor shall comply with the following Federal Acquisition Regulation (FAR) (a) 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:

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

52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed (2) or Provided by Kaspersky Lab Covered Entities (Section 1634 of Pub. L. 115-91).(Dec 2023)

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

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

52.232-40, Providing Accelerated Payments to Small Business Subcontractors (5) (Mar (31 U.S.C. 3903 and 10 U.S.C. 3801).2023)

52.233-3, Protest After Award (31 U.S.C. 3553).(6) (Aug 1996)

52.233-4, Applicable Law for Breach of Contract Claim (Public Laws 108-77 (7) (Oct 2004) and 108-78 ( 19 U.S.C. 3805 note)).

The Contractor shall comply with the FAR clauses in this paragraph (b) that the (b) 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

52.203-6, Restrictions on Subcontractor Sales to the Government with (1) (Jun 2020), (41 U.S.C. 4704 and 10 U.S.C. 4655).Alternate I (Nov 2021)

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

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

52.203-17, Contractor Employee Whistleblower Rights (41 U.S.C. 4712); this (4) (Nov 2023) clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community-see FAR 3.900(a).

52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (5) (Jun (Pub. L. 109-282) ( 31 U.S.C. 6101 note).2020)

[Reserved].(6)

52.204-14, Service Contract Reporting Requirements (Pub. L. 111-117, (7) (Oct 2016) section 743 of Div. C).

52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (8) (Pub. L. 111-117, section 743 of Div. C).(Oct 2016)

52.204-27, Prohibition on a ByteDance Covered Application (Section (9)XXXX (Jun 2023) 102 of Division R of Pub. L. 117-328).

52.204-28, Federal Acquisition Supply Chain Security Act Orders-Federal Supply (10) Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (Dec 2023) (Pub. L. 115-390, title II).

(11)

52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition. (i) (Dec 2023) (Pub. L. 115-390, title II).

Alternate I of 52.204-30.(ii) (Dec 2023)

(12) 52.209-6, Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. ( 2025) (31 U.Jan S.C. 6101 note).

52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (13) (41 U.S.C. 2313).(Oct 2018)

[Reserved].(14)

52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award ( ) (15 U.S.(15) Oct 2022 C. 657a).

52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (16) ( ) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.Oct 2022 S.C. 657a).

[Reserved](17)

(18)

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

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

(19)

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

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

XXX(20) 52.219-8, Utilization of Small Business Concerns ( )(15 U.S.C. 637(d)(2) Jan 2025 and (3)).

(21)

52.219-9, Small Business Subcontracting Plan (15 U.S.C. 637(d)(4)).(i) ( )Jan 2025

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

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

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

Alternate IV of 52.219-9.(v) ( )Jan 2025

(22)

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

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

52.219-14, Limitations on Subcontracting ( ) (15 U.S.C. 657s).(23) Oct 2022

52.219-16, Liquidated Damages-Subcontracting Plan (15 U.S.C. 637(d)(4)(24) (Sep 2021) (F)(i)).

52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-(25) Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (Feb

) (15 U.S.C. 657f).2024

(26)

52.219-28, Small Business Program Rerepresentation (15 U.S.(i) Postaward ( )Jan 2025 C. 632(a)(2)).

Alternate I of 52.219-28.(ii) (Mar 2020)

52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically (27) Disadvantaged Women-Owned Small Business Concerns ( ) (15 U.S.C. 637(m)).Oct 2022

52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small (28) Business Concerns Eligible Under the Women-Owned Small Business Program ( ) Oct 2022 (15 U.S.C. 637(m)).

52.219-32, Orders Issued Directly Under Small Business Reserves (15 U.S.(29) (Mar 2020) C. 644(r)).

52.219-33, Nonmanufacturer Rule (15 U.S.C. 637(a)(17)).(30) (Sep 2021)

52.222-3, Convict Labor (E.O.11755).(31)XXX (Jun 2003)

XXX(32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2025)(E.

O. 13126).

52.222-21, Prohibition of Segregated Facilities .(33)XXX (Apr 2015)

(34)

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

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

(35)

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

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

(36)

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

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

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

52.222-40, Notification of Employee Rights Under the National Labor Relations Act (38) (Dec (E.O. 13496).2010)

(39)

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

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

(40) 52.222-54, Employment Eligibility Verification (Executive Order 12989). (Not (Jan 2025) 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.)

(41)

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

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

52.223-11, Ozone-Depleting Substances and High Global Warming Potential (42) Hydrofluorocarbons (42 U.S.C. 7671, ).(May 2024) et seq.

52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and (43) Air Conditioners (42 U.S.C. 7671, ).(May 2024) et seq.

52.223-20, Aerosols (42 U.S.C. 7671, ).(44) (May 2024) et seq.

52.223-21, Foams (42 U.S.C. 7671, ).(45) (May 2024) et seq.

52.223-23, Sustainable Products and Services (E.O. 14057, 7 U.S.C. 8102, (46) (May 2024) 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).

(47)

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

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

(48)

52.225-1, Buy American-Supplies (41 U.S.C. chapter 83).(i)XXX (Oct 2022)

Alternate I of 52.225-1.(ii) (Oct 2022)

(49)

52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (19 U.S.C. (i) (NOV 2023) 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C.

chapter 29 (sections 4501-4732), Public Law 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.

Alternate I [Reserved].(ii)

Alternate II of 52.225-3.(iii) (Jan 2025)

Alternate III of 52.225-3.(iv) (Feb 2024)

Alternate IV (Oct 2022) of 52.225-3.(v)

52.225-5, Trade Agreements (19 U.S.C. 2501, ., 19 U.S.C. 3301 (50) (NOV 2023) et seq note).

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

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

52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).(53)

52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (54) (Nov (42 U.S.C. 5150).2007)

52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (55) (May (E.O. 13513).2024)

52.229-12, Tax on Certain Foreign Procurements .(56) (Feb 2021)

52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial (57) Services (41 U.S.C. 4505, 10 U.S.C. 3805).(Nov 2021)

52.232-30, Installment Payments for Commercial Products and Commercial Services (58) (41 U.S.C. 4505, 10 U.S.C. 3805).(Nov 2021)

52.232-33, Payment by Electronic Funds Transfer-System for Award Management (59)XXX (31 U.S.C. 3332).(Oct2018)

52.232-34, Payment by Electronic Funds Transfer-Other than System for Award (60) Management (Jul 2013) (31 U.S.C. 3332).

52.232-36, Payment by Third Party (31 U.S.C. 3332).(61) (May 2014)

52.239-1, Privacy or Security Safeguards (5 U.S.C. 552a).(62) (Aug 1996)

52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by (63) American Security Drone Act-Covered Foreign Entities (Sections 1821-1826, (Nov 2024) Pub. L. 118-31, 41 U.S.C. 3901 note prec.).

52.242-5, Payments to Small Business Subcontractors (15 U.S.C. 637(d)(64) (Jan 2017) (13)).

(65)

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

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

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

The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to (c) 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.

52.222-41, Service Contract Labor Standards (41 U.S.C. chapter67).(1)XXX (Aug 2018)

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

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

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

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

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

52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (7) (Jan .2022)

52.222-62, Paid Sick Leave Under Executive Order 13706 (E.O. 13706).(8) (Jan 2022)

52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.(9) S.C. 1792).

52.247-69, Reporting Requirement for U.S.-Flag Air Carriers Regarding Training to (10) Prevent Human Trafficking (49 U.S.C. 40118(g)).(Jan 2025)

. The Contractor shall comply with the (d) Comptroller General Examination of Record 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.

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

The Contractor shall make available at its offices at all reasonable times the records, (2) 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.

As used in this clause, records include books, documents, accounting procedures and (3) 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)

Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this (1) 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-

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

52.203-17, Contractor Employee Whistleblower Rights (41 U.S.C. 4712).(ii) (Nov 2023)

52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or (iii) 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)).

52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed (iv) or Provided by Kaspersky Lab Covered Entities (Section 1634 of Pub. L. 115-91).(Dec 2023)

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

(vi) 52.204-27, Prohibition on a ByteDance Covered Application (Section 102 of (Jun 2023) Division R of Pub. L. 117-328).

(vii)

52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition. (A) (Dec 2023) (Pub. L. 115-390, title II).

Alternate I of 52.204-30.(B) (Dec 2023)

52.219-8, Utilization of Small Business Concerns (15 U.S.C. 637(d)(2) and (viii) ( )Jan 2025 (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.

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

52.222-26, Equal Opportunity (E.O.11246).(x) (Sep 2016)

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

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

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

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

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

(xvi)

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

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

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

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

(xix) 52.222-54, Employment Eligibility Verification (E.O. 12989).(Jan 2025)

52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (xx) (Jan .2022)

52.222-62, Paid Sick Leave Under Executive Order 13706 (E.O. 13706).(xxi) (Jan 2022)

(xxii)

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

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

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

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

52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar (xxv) 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.

52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by (xxvi) American Security Drone Act-Covered Foreign Entities (Sections 1821-1826, (Nov 2024) Pub. L. 118-31, 41 U.S.C. 3901 note prec.).

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

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

Addendum to Contract Clauses

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations.

2015-11

52.223-5 Pollution Prevention and Right-to-Know Information.

2024-05

52.223-23 Sustainable Products and Services. 2024-05

52.240-1 Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities.

2024-11

DFARS Clauses Incorporated by Reference

Date

Alternate Deviation

Variation Effective Date

252.201-7000 Contracting Officer's Representative. 1991-12

252.204-7003 Control of Government Personnel Work Product.

1992-04

252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel.

2023-01

DFARS Clauses Incorporated by Full Text

Date

Alternate Deviation

Variation Effective Date

252.237-7023 Continuation of Essential 2010-10

Contractor Services.

CONTINUATION OF ESSENTIAL CONTRACTOR SERVICES (OCT 2010)

(a) Definitions. As used in this clause-

(1) "Essential contractor service" means a service provided by a firm or individual under contract to DoD to support mission-essential functions, such as support of vital systems, including ships owned, leased, or operated in support of military missions or roles at sea;

associated support activities, including installation, garrison, and base support services; and similar services provided to foreign military sales customers under the Security Assistance Program. Services are essential if the effectiveness of defense systems or operations has the potential to be seriously impaired by the interruption of these services, as determined by the appropriate functional commander or civilian equivalent.

(2) "Mission-essential functions" means those organizational activities that must be performed under all circumstances to achieve DoD component missions or responsibilities, as determined by the appropriate functional commander or civilian equivalent. Failure to perform or sustain these functions would significantly affect DoD's ability to provide vital services or exercise authority, direction, and control.

(b) The Government has identified all or a portion of the contractor services performed under this contract as essential contractor services in support of mission essential functions.

These services are listed in attachment ____, Mission-Essential Contractor Services, dated

(c)(1) The Mission-Essential Contractor Services Plan submitted by the Contractor, is incorporated in this contract.

(2) The Contractor shall maintain and update its plan as necessary. The Contractor shall provide all plan updates to the Contracting Officer for approval.

(3) As directed by the Contracting Officer, the Contractor shall participate in training events, exercises, and drills associated with Government efforts to test the effectiveness of continuity of operations procedures and practices.

(d)(1) Notwithstanding any other clause of this contract, the contractor shall be responsible to perform those services identified as essential contractor services during crisis situations (as directed by the Contracting Officer), in accordance with its Mission-Essential Contractor Services Plan.

(2) In the event the Contractor anticipates not being able to perform any of the essential contractor services identified in accordance with paragraph (b) of this section during a crisis situation, the Contractor shall notify the Contracting Officer or other designated representative as expeditiously as possible and use its best efforts to cooperate with the Government in the Government's efforts to maintain the continuity of operations.

(e) The Government reserves the right in such crisis situations to use Federal employees, military personnel or contract support from other contractors, or to enter into new contracts for essential contractor services.

(f) Changes. The Contractor shall segregate and separately identify all costs incurred in continuing performance of essential services in a crisis situation. The Contractor shall notify the Contracting Officer of an increase or decrease in costs within ninety days after continued performance has been directed by the Contracting Officer, or within any additional period that the Contracting Officer approves in writing, but not later than the date of final payment under the contract. The Contractor's notice shall include the Contractor's proposal for an equitable adjustment and any data supporting the increase or decrease in the form prescribed by the Contracting Officer. The parties shall negotiate an equitable price adjustment to the contract price, delivery schedule, or both as soon as is practicable after receipt of the Contractor's proposal.

(g) The Contractor shall include the substance of this clause, including this paragraph (g), in subcontracts for the essential services.

List of Contract Documents, Exhibits, or Attachments

The attachments listed in this Section are incorporated by reference and made part of this contract with the same force and effect as if included in full text.

*** END OF NARRATIVE ***

Identifier Document Name

Document Description

Reference Identifier

Date Line Item

Page Numbers

Document Type

Provided Under Separate Cover

0001 PWS Performance Work Statement

PWS 19

Dec

Attachment No

Solicitation Provisions

FAR Provisions Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

52.204-7 System for Award Management. 2024-11

52.204-16 Commercial and Government Entity Code Reporting.

2020-08

52.212-1 Instructions to Offerors-Commercial Products and Commercial Services.

2023-09

DFARS Provisions Incorporated by Reference

Date

Alternate Deviation

Variation Effective Date

252.203-7005 Representation Relating to Compensation of Former DoD Officials.

2022-09

252.204-7008 Compliance with Safeguarding Covered Defense Information Controls.

2016-10

252.204-7016 Covered Defense Telecommunications Equipment or Services-Representation.

2019-12

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements.

2023-11

252.204-7024 Notice on the Use of the Supplier Performance Risk System.

2023-03

252.225-7055 Representation Regarding Business Operations with the Maduro Regime.

2022-05

FAR Provisions Incorporated by Full Text

Date

Alternate Deviation

Variation Effective Date

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

2021-11

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 (c)(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 (c)(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.

(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) 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…

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