W9127N22Q0102_CTX_Vaults_Bonn Dam and Locks20MAY2022_SAM.pdf

SEE ADDENDUM

(No Collect Calls)

W9127N22Q0102 20-May-2022

b. TELEPHONE NUMBER

503-808-4620

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 03 Jun 2022

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W9127N9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

JEFFERY B FEENEY

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

USACE, PORTLAND DISTRICT

333 SW 1ST AVE

PORTLAND OR 97204

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$8,000,000

NAICS:

562991

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF15

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

Section SF 1449 - CONTINUATION SHEET

PERFORMANCE WORK STATEMENT

PRICE

LIST

BLANKET PURCHASE AGREEMENT (BPA)

VAULT PUMPING

BONNEVILLE LOCK & DAM

CONTRACTOR SHALL FURNISH ALL SUPERVISION, LABOR, MATERIAL, EQUIPMENT, ETC.

NECESSARY TO PERFORM ALL WORK IN STRICT ACCORDANCE WITH THE PERFORMANCE

WORK STATEMENT (PWS), TERMS AND CONDITIONS SET FORTH IN THE CONTRACT, TO

INCLUDE ALL ATTACHMENTS THERETO.

Agreement

YEAR ONE

CLIN

Description

Price

0001 Bradford Island (OR) 2,000 Gal $

0002 North Shore Shad Deadline (WA) 1,000 Gal $

0003 North Shore Sturgeon Deadline (WA) 1,000 Gal $

0004 Fort Cascades Trail Head (WA) 1,000 Gal $

0005 Hamilton Island (WA) 1,000 Gal $

0006 Hamilton Island Boat Ramp (WA) 2,000 Gal $

0007 Sediment Retention Structure (WA) 1,000 Gal $

TOTAL BASE YEAR (CLINs 0001 thru 0007)

Argeement

YEAR 2

1001 Bradford Island (OR) 2,000 Gal $

1002 North Shore Shad Deadline (WA) 1,000 Gal $

1003 North Shore Sturgeon Deadline (WA) 1,000 Gal $

1004 Fort Cascades Trail Head (WA) 1,000 Gal $

1005 Hamilton Island (WA) 1,000 Gal $

1006 Hamilton Island Boat Ramp (WA) 2,000 Gal $

1007 Sediment Retention Structure (WA) 1,000 Gal $

TOTAL YEAR 1 (CLINs 1001 thru 1007)

Agreement

YEAR 3

2001 Bradford Island (OR) 2,000 Gal $

2002 North Shore Shad Deadline (WA) 1,000 Gal $

2003 North Shore Sturgeon Deadline (WA) 1,000 Gal $

2004 Fort Cascades Trail Head (WA) 1,000 Gal $

2005 Hamilton Island (WA) 1,000 Gal $

2006 Hamilton Island Boat Ramp (WA) 2,000 Gal $

2007 Sediment Retention Structure (WA) 1,000 Gal $

TOTAL YEAR 2 (CLINs 2001 thru 2007)

W9127N22Q0102

Total Agreement Year 1 (CLINs 0001-0007) $

Total Agreement Year 2 (CLINs 1001-1007) $

Total Agreement Year 3 (CLINs 2001-2007) $

TOTAL ALL YEARS (CLINs 0001 thru 2007)

NOTES: Offerors shall provide a price on all items in order to be considered for evaluation and establishment of a BPA.

Performance Work Statement

1. SCOPE. The contractor shall provide all supervision, labor, equipment, transportation, materials, and any other items necessary to provide vault pumping services for vault toilet (hereafter referred to as ‘vaults’) at Bonneville Lock & Dam.

2. EXECUTION. The contractor shall remove waste from vaults utilizing a removal process that is in accordance with all applicable laws and regulations.

2.1. Contractor shall ensure that each vault is pumped to no greater than 3 inches above the bottom in order for the pumping service to be considered acceptable.

2.2. Contractor shall ensure that all debris, to include but not limited to rocks, bottles, and dead animals are removed at the time of waste removal in order for the pumping service to be considered acceptable.

2.3. Contractor shall ensure that a minimum of 250 gallons and no more than 400 gallons of fresh water is placed into vault after removal of wastes.

2.4. Contractor shall ensure that the access hatch is securely shut and locked before departing.

2.5 Vault Room Locations: All but one vault location is approximately 40 miles east of Portland/Vancouver areas. The one SRS vault is located approximately 13 miles east of Castle

Rock, WA on Stewart Dam Road.

Bradford Island (OR). CXT Cascadian Double Vault Restroom 2,000 Gallons max capacity North Shore Shad Deadline (WA) CXT Cascadian Single Vault Restroom 1,000 Gallon max capacity.

North Shore Sturgeon Deadline (WA) CXT Cascadian Single Vault Restroom 1,000 Gallon max capacity.

Fort Cascades Historic Site Trail Head (WA) CXT Cascadian Single Vault Restroom 1,000 Gallon max capacity Hamilton Island Recreation Area Restroom (WA) CXT Cascadian Single Vault Restroom 1,000 Gallon max capacity.

Hamilton Island Boat Ramp (WA) CXT Cascadian Double Vault Restroom. 2,000 Gallons max capacity.

Sediment Retention Structure (WA) CXT Cascadian Single Vault Restroom 1,000 Gallon max capacity.

3. CALLS. The contractor will be issued BPA Calls for vault pumping services.

3.1. BPA Calls: When vaults are nearing their capacity through normal use, pumping services will be purchased via a BPA Call so that waste can be removed prior to their capacity being exceeded.

4. CONTRACTOR ACKNOWLEDGEMENT OF RECEIPT OF BPA CALL

/ VERIFICATION OF AVAILABILITY TO RESPOND

4.1. Pumping Services: When a BPA Call is issued, the contractor shall acknowledge receipt of the Call and coordinate the date and time of the vault pumping services with the COR or the Point of Contact (POC) confirming the Call no later than 1 business day after the Call is issued.

5. RESPONSE TIMES TO BPA CALLS.

5.1. For BPA Calls for vault pumping services, the contractor shall respond and complete all tasks identified on that Call no later than 2 business days after issuance of the Call.

6. DISPOSAL. The contractor shall ensure that all waste and debris collected from pumping services is disposed of in strict compliance with all applicable Federal, State and Local laws and regulations. Disposal shall occur off Government property and only at a facility approved by Federal, State and Local agencies for such waste or debris.

7. EQUIPMENT.

7.1. Condition: All equipment shall be in good working order, without any fluid or holding tank leaks.

7.2. Operation and Parking: While performing work under this agreement, vehicles shall be driven and parked only on roads, parking areas, or pullouts unless the COR approves driving and parking elsewhere.

8. PERSONNEL.

8.1. The contractor shall ensure that all employees performing work under this BPA are sufficiently trained and competent to perform the work in compliance with all applicable laws and regulations, and in a safe manner.

8.2. The Contracting Officer may require, in writing, that the Contractor remove any employee the Contracting Officer deems incompetent, careless, disruptive, or otherwise objectionable.

9. SPILLS/CLEANUP. The contractor shall ensure that any and all spillage occurring during pumping operations shall be cleaned and reported immediately to the COR or POC.

10. GOVERNMENT FURNISHED MATERIAL. None

11. ACCEPTANCE OF WORK.

11.1. When vault pumping work is completed, the contractor shall immediately notify the COR or POC. The COR or POC will verify work was performed acceptably and without deficiencies.

11.2 The contractor will provide to the POC a waste manifest prior to departure from the vault pump site.

12. DEFICIENT WORK.

12.1. If any work performed under a BPA Call is found to be deficient, the COR will notify the contractor in writing to identifying the specific deficiencies.

12.2. The contractor shall notify the COR when corrective work is completed. When work has been corrected, the COR will provide written notification of acceptance of the corrective action to the contractor. The contractor shall immediately initiate action to accomplish corrective work; corrective action shall be accomplished within the original performance period of the original Call.

12.3. Deductions from the contractor's scheduled earnings shall be made for services that do not meet the requirements identified in Section 2, above. Deductions for documented defects will be made in accordance with the following procedures:

12.4. Each service found deficient and re-performed by the contractor: No deduction.

12.5. Each service found deficient and performed by another contractor: Deduction is the price paid to the other contractor to perform the work.

12.6. Each service found deficient and not re-performed by anyone, or work not performed at all: Deduction for loss in value shall be based on estimates of the contractor's cost for performing the work, i.e., labor, materials, equipment costs, work schedules, etc. Loss in value shall be based on the BPA price or applicable portion thereof.

13. HOURS OF WORK. All work shall be performed between 7:30 a.m. and 4:30 p.m.

Monday through Friday, except Federal Holidays.

14. CONTRACTOR POINT OF CONTACT (POC.)

14.1. The contractor shall provide the COR with the name and telephone number of the supervisor, or POC, who can be reached Monday through Friday between the hours of 7:30 a.m. and 4:30 p.m.

15. DAMAGES.

15.1. The contractor shall be responsible for any damages to Government property due to willful misconduct or neglect.

16. REPORTING DEFECTIVE FACILITIES. While performing work, contractor personnel shall observe the condition of Government facilities. If any damaged, defective, and/or inoperative facilities are discovered, the contractor shall report these facilities to the COR prior to departing the site.

17. SAFETY. The contractor shall ensure that all work performed in response to BPA Calls is performed in a safe manner, in compliance with established industry procedures and practices, and is in strict compliance with all applicable Federal, State, and Local rules and regulations, including EM 385-1-1(15 Sep 08).

http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385- 1-1_2008Sep_Consolidated_2011Aug.pdf .

17.1. Personnel Clothing. Contractor personnel shall wear clothing suitable for the weather and working conditions. The minimum shall be short-sleeve shirt and long trousers (no sleeveless shirts or tank tops, or shorts). Clothing shall be in good repair. Personnel shall wear personal protective apparel when required by any applicable law or regulation.

17.2. Accident Reporting. The contractor shall report all accidents to personnel or property, no matter how minor, to the COR immediately.

18. SECURITY.

18.1 AT Level 1 Training. All contractor employees, to include subcontractor employees, requiring access to Army installations, facilities, controlled access areas, or require network access, shall complete AT Level I awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. Upon request, the contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer (if a COR is not assigned), within 5 calendar days after completion of training by all employees and subcontractor personnel. AT Level I awareness training is available at the following website: http://jko.jten.mil/courses/atl1/launch.html; or it can be provided by the RA ATO in presentation form which will be documented via memorandum."

18.2 Access and General Protection / Security Policy and Procedures. Contractors who do not require CAC but require access to a Department of Defense (DOD) facility or installation.

Contractor and all associated sub-contractors’ employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05 / AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative, as NCIC and TSDB are available), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

18.3 Suspicious Activity Reporting Training "The contractor and all associated sub-contractors shall receive a brief/training (provided by the RA) on the local suspicious activity reporting program. This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the project manager, security representative or law enforcement entity. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the COR NLT 5 calendar days after the completion of the training.

18.4 For Contracts that Require OPSEC Training. All new contractor employees will complete Level I OPSEC Training within 30 calendar days of their reporting for duty.

Additionally, all contractor employees must complete annual OPSEC awareness training. The contractor shall submit certificates of completion for each affected contractor and subcontractor employee, to the COR or to the contracting officer (if a COR is not assigned), within 5 calendar days after completion of training. OPSEC awareness training is available at the following websites: https://www.iad.gov/ ioss/ or http://www.cdse.edu/catalog/operations-security.html; or it can be provided by the RA OPSEC Officer in presentation form which will be documented via memorandum.

18.5 Pre-Screen Candidates using E-Verify Program. The Contractor must pre-screen Candidates using the E-verify Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible Candidates must be provided to the COR no later than 3 business days after the initial contract award.

*When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification, with the designated Government representative. This Form will be provided to the Contracting Officer and shall become part of the official contract file.

19. INVOICING. See the BPA Terms and Conditions for invoicing procedures and instructions.

20. Description of agreement (calls). The contractor shall provide the services/supplies described herein, on a call basis. If and when requested by the contracting officer, or designated contracting officer’s representative, for the period of ordering authorized by tis Blanket Purchase Agreement (BPA).

Extent of obligation. The Government is obligated only to the extent of authorized purchase calls actually made under the BPA at the set prices for those services.

Purchase limitation. Individual calls placed under this BPA shall not exceed $2500.00.

Individuals authorized make calls under the BPA. A written notice shall be sent with the authority of the Contracting Officer delineating a list of individuals authorized to purchase (place calls) under the BPA, Individuals will be identified either by title of position or by name of individual.

Delivery tickets. The government and contractor shall keep track of orders placed and invoices. Tracking information shall include the following minimum information:

(i) Name of supplier.

(ii) BPA number.

(iii) Date of purchase and name of government person placing the call.

(iv) Purchase/Call number.

(v) Itemized list of supplies or services furnished.

(vi) Indicate the Quantity, unit price, and extension of each item, less applicable discounts.

(vii) Date services were provided.

Invoices. This BPA will be paid using the Government Purchase Card.

ATTACHMENT 1

INVENTORY OF VAULTS

*- Double Cascadian is a double CXT with 2 Vaults at 1,000 each

CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum

LOCATION

NUMBER & TYPE General Map Locations

VAULTS SIZE (GALS)

Bonneville Lock & Dam https://www.bing.com/maps?q=Bonneville+Lock +%26+Dam+map&src=IE-Bradford Island (OR) 2* 1,000 each https://mapcarta.com/23776812

North Shore Shad Deadline (WA) 1 1,000 North Shore Sturgeon Deadline (WA) 1 1,000 Fort Cascades Trail Head (WA) 1 1,000 Hamilton Island (WA) 1 1,000 https://www.google.com/maps/dir//Ha milton+Island,+North+Bonneville,+Hamilton Island Boat Ramp (WA) 2* 1,000 each https://www.google.com/maps/dir//Ha milton+Island+Boat+Ramp,+Boat+Ra

Sediment Retention Structure (WA) 1 1,000 https://www.bing.com/maps?q=Sedim ent+Retention+Structure+(WA)&FO

TOTALS 9 9,000

quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

0.00 $1.00 1,000.00 $50,000.00

DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND ORDER VALUE

The minimum quantity and order value for each Delivery/Task Order issued shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for each Delivery/Task Order issued shall not exceed the maximum quantity and order value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

1.00 $1.00 1,000.00 $50,000.00

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

CLAUSES INCORPORATED BY REFERENCE

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

DEC 2021

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

DEC 2021

52.222-50 Combating Trafficking in Persons DEC 2021

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (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 and 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) Representations. The Offeror represents that--

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

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

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

(e) Disclosures.

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

(End of provision)