Bids are being solicited under solicitation number 20123882. This announcement constitutes the only solicitation; bids are being requested and a written solicitation will not be issued. The solicitation is issued as a Request for Quote (RFQ), unless otherwise indicated herein. If your company can provide the product/services listed on the solicitation and comply with all of the solicitation instructions, please respond to this notice. To view the specifications, please go to www.UnisonMarketplace.com and reference Buy No. 1052680. GSA Schedule Bids Only: Sellers bidding on this opportunity MUST have the items requested on an existing GSA Schedule. The Schedule must either be in the Seller's name or the Seller must be able to document its ability to act as an agent of a partner's Schedule. Sellers must not bid more than their applicable contract ceiling price, excluding the Unison Marketplace Fee, for contract-specific items. If Unison receives notice that, due to inclusion of the Unison Marketplace Fee, the Selected Bid's line item pricing is higher than the Selected Seller's applicable published government contract pricing, the Unison Marketplace Fee will be reduced to ensure the Selected Bid's line item pricing does not exceed the Selected Seller's applicable contract pricing. Sellers may offer Open Market items only in accordance with the approved Terms and Conditions of their respective GSA Schedule AND upon approval from the soliciting Contracting Officer. Information regarding GSA Schedules can be found at www.GSA.gov. This requirement is a Small Business Set-Aside and only qualified offerors may submit bids. The solicitation pricing on www.UnisonMarketplace.com will start on the date this solicitation is posted, and, unless otherwise displayed at www.UnisonMarketplace.com, will end on: 2021-01-04 12:00:00.0 Eastern Time . This time supersedes the Offers Due Time listed above. FOB Destination shall be in the Statement of Work. The DHS Customs and Border Protection (CBP) requires the following items, Meet or Exceed, to the following: Base Period of Performance: 01/08/2021 - 04/30/2021 LI 001: T-Shirt, Adult-Small; 100% Pre-shrunk cotton; Color: Blue; Short-sleeve 1500 monthly, 6000, EA; LI 002: T-Shirt, Adult-Medium; 100% Pre-shrunk cotton; Color: Blue; Short-sleeve 1500 monthly, 6000, EA; LI 003: T-Shirt, Adult-Large; 100% Pre-shrunk cotton; Color: Blue; Short-sleeve 1000 monthly, 4000, EA; LI 004: Sweatpants, Adult-Small; Polyester/Cotton; No Waist string, only elastic waistband; Color: Gray 1500 monthly, 6000, EA; LI 005: Sweatpants, Adult-Medium; Polyester/Cotton; No Waist string, only elastic waistband; Color: Gray 1500 monthly, 6000, EA; LI 006: Sweatpants, Adult-Large; Polyester/Cotton; No Waist string, only elastic waistband; Color: Gray 1000 monthly, 4000, EA; LI 007: Men’s White Briefs, Size Small Polyester/Cotton 1000 monthly, 4000, EA; LI 008: Men’s White Briefs, Size Medium Polyester/Cotton 1000 monthly, 4000, EA; LI 009: Men’s White Briefs, Size Large Polyester/Cotton 500 monthly, 2000, EA; LI 010: Tube Socks, Adult Size 6-8; Color: White; Cotton/Polyester blend 2000 monthly, 8000, EA; LI 011: Tube Socks, Adult Size 9-11; Color: White; Cotton/Polyester blend 2000 monthly, 8000, EA; LI 012: Women’s Panties, Size (XS) 4; Color: Black 500 monthly, 2000, EA; LI 013: Women’s Panties, Size (M) 6; Color: Black 500 monthly, 2000, EA; LI 014: Women’s Panties, Size (L) 8; Color: Black 500 monthly, 2000, EA; LI 015: Women’s Sports Bra, Size Small 30 Polyester/Spandex, Black 600 monthly, 2400, EA; LI 016: Women’s Sports Bra, Size Medium 36 Polyester/Spandex, Black 600 monthly, 2400, EA; LI 017: Women’s Sports Bra, Size Large 42 Polyester/Spandex, Black 300 monthly, 1200, EA; LI 018: Sweatshirt, Adult-Medium; Polyester/Cotton; Color: Grey 1500 monthly, Jan-March, 4500, EA; LI 019: Sweatshirt, Adult-Large; Polyester/Cotton; Color: Grey 1500 monthly, Jan-March, 4500, EA; LI 020: Sweatshirt, Adult-X-Large; Polyester/Cotton; Color: Grey 1000 monthly, Jan-March, 3000, EA; Option 1 Period of Performance: 05/01/2021 - 06/30/2021 LI 001: T-Shirt, Adult-Small; 100% Pre-shrunk cotton; Color: Blue; Short-sleeve 1500 monthly, 3000, EA; LI 002: T-Shirt, Adult-Medium; 100% Pre-shrunk cotton; Color: Blue; Short-sleeve 1500 monthly, 3000, EA; LI 003: T-Shirt, Adult-Large; 100% Pre-shrunk cotton; Color: Blue; Short-sleeve 1000 monthly, 2000, EA; LI 004: Sweatpants, Adult-Small; Polyester/Cotton; No Waist string, only elastic waistband; Color: Gray 1500 monthly, 3000, EA; LI 005: Sweatpants, Adult-Medium; Polyester/Cotton; No Waist string, only elastic waistband; Color: Gray 1500 monthly, 3000, EA; LI 006: Sweatpants, Adult-Large; Polyester/Cotton; No Waist string, only elastic waistband; Color: Gray 1000 monthly, 2000, EA; LI 007: Men’s White Briefs, Size Small Polyester/Cotton 1000 monthly, 2000, EA; LI 008: Men’s White Briefs, Size Medium Polyester/Cotton 1000 monthly, 2000, EA; LI 009: Men’s White Briefs, Size Large Polyester/Cotton 500 monthly, 1000, EA; LI 010: Tube Socks, Adult Size 6-8; Color: White; Cotton/Polyester blend 2000 monthly, 4000, EA; LI 011: Tube Socks, Adult Size 9-11; Color: White; Cotton/Polyester blend 2000 monthly, 4000, EA; LI 012: Women’s Panties, Size (XS) 4; Color: Black 500 monthly, 1000, EA; LI 013: Women’s Panties, Size (M) 6; Color: Black 500 monthly, 1000, EA; LI 014: Women’s Panties, Size (L) 8; Color: Black 500 monthly, 1000, EA; LI 015: Women’s Sports Bra, Size Small 30 Polyester/Spandex, Black 600 monthly, 1200, EA; LI 016: Women’s Sports Bra, Size Medium 36 Polyester/Spandex, Black 600 monthly, 1200, EA; LI 017: Women’s Sports Bra, Size Large 42 Polyester/Spandex, Black 300 monthly, 600, EA; Option 2 Period of Performance: 07/01/2021 - 08/31/2021 LI 001: T-Shirt, Adult-Small; 100% Pre-shrunk cotton; Color: Blue; Short-sleeve 1500 monthly, 3000, EA; LI 002: T-Shirt, Adult-Medium; 100% Pre-shrunk cotton; Color: Blue; Short-sleeve 1500 monthly, 3000, EA; LI 003: T-Shirt, Adult-Large; 100% Pre-shrunk cotton; Color: Blue; Short-sleeve 1000 monthly, 2000, EA; LI 004: Sweatpants, Adult-Small; Polyester/Cotton; No Waist string, only elastic waistband; Color: Gray 1500 monthly, 3000, EA; LI 005: Sweatpants, Adult-Medium; Polyester/Cotton; No Waist string, only elastic waistband; Color: Gray 1500 monthly, 3000, EA; LI 006: Sweatpants, Adult-Large; Polyester/Cotton; No Waist string, only elastic waistband; Color: Gray 1000 monthly, 2000, EA; LI 007: Men’s White Briefs, Size Small Polyester/Cotton 1000 monthly, 2000, EA; LI 008: Men’s White Briefs, Size Medium Polyester/Cotton 1000 monthly, 2000, EA; LI 009: Men’s White Briefs, Size Large Polyester/Cotton 500 monthly, 1000, EA; LI 010: Tube Socks, Adult Size 6-8; Color: White; Cotton/Polyester blend 2000 monthly, 4000, EA; LI 011: Tube Socks, Adult Size 9-11; Color: White; Cotton/Polyester blend 2000 monthly, 4000, EA; LI 012: Women’s Panties, Size (XS) 4; Color: Black 500 monthly, 1000, EA; LI 013: Women’s Panties, Size (M) 6; Color: Black 500 monthly, 1000, EA; LI 014: Women’s Panties, Size (L) 8; Color: Black 500 monthly, 1000, EA; LI 015: Women’s Sports Bra, Size Small 30 Polyester/Spandex, Black 600 monthly, 1200, EA; LI 016: Women’s Sports Bra, Size Medium 36 Polyester/Spandex, Black 600 monthly, 1200, EA; LI 017: Women’s Sports Bra, Size Large 42 Polyester/Spandex, Black 300 monthly, 600, EA; Option 3 Period of Performance: 09/01/2021 - 10/31/2021 LI 001: T-Shirt, Adult-Small; 100% Pre-shrunk cotton; Color: Blue; Short-sleeve 1500 monthly, 3000, EA; LI 002: T-Shirt, Adult-Medium; 100% Pre-shrunk cotton; Color: Blue; Short-sleeve 1500 monthly, 3000, EA; LI 003: T-Shirt, Adult-Large; 100% Pre-shrunk cotton; Color: Blue; Short-sleeve 1000 monthly, 2000, EA; LI 004: Sweatpants, Adult-Small; Polyester/Cotton; No Waist string, only elastic waistband; Color: Gray 1500 monthly, 3000, EA; LI 005: Sweatpants, Adult-Medium; Polyester/Cotton; No Waist string, only elastic waistband; Color: Gray 1500 monthly, 3000, EA; LI 006: Sweatpants, Adult-Large; Polyester/Cotton; No Waist string, only elastic waistband; Color: Gray 1000 monthly, 2000, EA; LI 007: Men’s White Briefs, Size Small Polyester/Cotton 1000 monthly, 2000, EA; LI 008: Men’s White Briefs, Size Medium Polyester/Cotton 1000 monthly, 2000, EA; LI 009: Men’s White Briefs, Size Large Polyester/Cotton 500 monthly, 1000, EA; LI 010: Tube Socks, Adult Size 6-8; Color: White; Cotton/Polyester blend 2000 monthly, 4000, EA; LI 011: Tube Socks, Adult Size 9-11; Color: White; Cotton/Polyester blend 2000 monthly, 4000, EA; LI 012: Women’s Panties, Size (XS) 4; Color: Black 500 monthly, 1000, EA; LI 013: Women’s Panties, Size (M) 6; Color: Black 500 monthly, 1000, EA; LI 014: Women’s Panties, Size (L) 8; Color: Black 500 monthly, 1000, EA; LI 015: Women’s Sports Bra, Size Small 30 Polyester/Spandex, Black 600 monthly, 1200, EA; LI 016: Women’s Sports Bra, Size Medium 36 Polyester/Spandex, Black 600 monthly, 1200, EA; LI 017: Women’s Sports Bra, Size Large 42 Polyester/Spandex, Black 300 monthly, 600, EA; LI 018: Sweatshirt, Adult-Medium; Polyester/Cotton; QTY: 1500 EA Color: Grey MONTH OF OCTOBER, 1500, EA; LI 019: Sweatshirt, Adult-Large; Polyester/Cotton; QTY: 1500 EA Color: Grey MONTH OF OCTOBER, 1500, EA; LI 020: Sweatshirt, Adult-X-Large; Polyester/Cotton; QTY: 1000 EA Color: Grey MONTH OF OCTOBER, 1000, EA; Option 4 Period of Performance: 11/01/2021 - 12/31/2021 LI 001: T-Shirt, Adult-Small; 100% Pre-shrunk cotton; Color: Blue; Short-sleeve 1500 monthly, 3000, EA; LI 002: T-Shirt, Adult-Medium; 100% Pre-shrunk cotton; Color: Blue; Short-sleeve 1500 monthly, 3000, EA; LI 003: T-Shirt, Adult-Large; 100% Pre-shrunk cotton; Color: Blue; Short-sleeve 1000 monthly, 2000, EA; LI 004: Sweatpants, Adult-Small; Polyester/Cotton; No Waist string, only elastic waistband; Color: Gray 1500 monthly, 3000, EA; LI 005: Sweatpants, Adult-Medium; Polyester/Cotton; No Waist string, only elastic waistband; Color: Gray 1500 monthly, 3000, EA; LI 006: Sweatpants, Adult-Large; Polyester/Cotton; No Waist string, only elastic waistband; Color: Gray 1000 monthly, 2000, EA; LI 007: Men’s White Briefs, Size Small Polyester/Cotton 1000 monthly, 2000, EA; LI 008: Men’s White Briefs, Size Medium Polyester/Cotton 1000 monthly, 2000, EA; LI 009: Men’s White Briefs, Size Large Polyester/Cotton 500 monthly, 1000, EA; LI 010: Tube Socks, Adult Size 6-8; Color: White; Cotton/Polyester blend 2000 monthly, 4000, EA; LI 011: Tube Socks, Adult Size 9-11; Color: White; Cotton/Polyester blend 2000 monthly, 4000, EA; LI 012: Women’s Panties, Size (XS) 4; Color: Black 500 monthly, 1000, EA; LI 013: Women’s Panties, Size (M) 6; Color: Black 500 monthly, 1000, EA; LI 014: Women’s Panties, Size (L) 8; Color: Black 500 monthly, 1000, EA; LI 015: Women’s Sports Bra, Size Small 30 Polyester/Spandex, Black 600 monthly, 1200, EA; LI 016: Women’s Sports Bra, Size Medium 36 Polyester/Spandex, Black 600 monthly, 1200, EA; LI 017: Women’s Sports Bra, Size Large 42 Polyester/Spandex, Black 300 monthly, 600, EA; LI 018: Sweatshirt, Adult-Medium; Polyester/Cotton; QTY: 1500 EA Color: Grey MONTH OF OCTOBER, 3000, EA; LI 019: Sweatshirt, Adult-Large; Polyester/Cotton; QTY: 1500 EA Color: Grey MONTH OF OCTOBER, 3000, EA; LI 020: Sweatshirt, Adult-X-Large; Polyester/Cotton; QTY: 1000 EA Color: Grey MONTH OF OCTOBER, 2000, EA; Solicitation and Buy Attachments ***Question Submission: Interested offerors must submit any questions concerning the solicitation at the earliest time possible to enable the Buyer to respond. Questions must be submitted by using the 'Submit a Question' feature at www.UnisonMarketplace.com. Questions not received within a reasonable time prior to close of the solicitation may not be considered.*** For this solicitation, DHS Customs and Border Protection (CBP) intends to conduct an online competitive reverse auction to be facilitated by the third-party reverse auction provider, Unison, Inc. Unison Marketplace has developed an online, anonymous, browser based application to conduct the reverse auction. A Seller may submit a series of pricing bids, which descend in price during the specified period of time for the aforementioned reverse auction. DHS Customs and Border Protection (CBP) is taking this action in an effort to improve both seller access and awareness of requests and the agency's ability to gather multiple, completed, real-time bids. All responsible Sellers that respond to this solicitation MUST submit the pricing portion of their bid using the online exchange located at www.UnisonMarketplace.com. There is no cost to register, review procurement data or make a bid on www.UnisonMarketplace.com. Sellers that are not currently registered to use www.UnisonMarketplace.com should proceed to www.UnisonMarketplace.com to complete their free registration. Sellers that require special considerations or assistance may contact the Marketplace Support at 1.877.933.3243 or via email at
[email protected]. Sellers may not artificially manipulate the price of a transaction on www.UnisonMarketplace.com by any means. It is unacceptable to place bad faith bids, to use decoys in the www.UnisonMarketplace.com process or to collude with the intent or effect of hampering the competitive www.UnisonMarketplace.com process. Should Sellers require additional clarification, contact Marketplace Support at 1.877.933.3243 or
[email protected]. Use of Unison Marketplace: Buyers and Sellers agree to conduct this transaction through Unison Marketplace in compliance with the Unison Marketplace Terms of Use. Failure to comply with the below terms and conditions may result in offer being determined as non-responsive. Unless the Buyer indicates otherwise within a particular line item description, each Seller shall include in its online Bid individual pricing for all required line items in order to be considered for award (i.e., Do not use the Included in another line item function when pricing each line item). If a line item cannot be separately priced, you must notify the buyer through the Unison Submit a Question feature regarding which line item(s) should be included in which other line item(s) and request reposting. Failure to comply with this term may result in the Bid being determined to be non-responsive. New Equipment ONLY; NO remanufactured or "gray market" items. All items must be covered by the manufacturer's warranty. Bid MUST be good for 30 calendar days after close of Buy. Shipping must be free on board (FOB) destination CONUS (Continental U.S.), which means that the seller must deliver the goods on its conveyance at the destination specified by the buyer, and the seller is responsible for the cost of shipping and risk of loss prior to actual delivery at the specified destination. This solicitation requires registration with the System for Award Management (SAM) at the time an offer or quotation is submitted, excluding the exceptions outlined in FAR 4.1102(a). Registration information can be found at www.sam.gov. ORCA Requirement - Company must be registered on Online Representations and Certifications Application (ORCA) before an award could be made to them. If company is not registered with ORCA, they may do so by going to ORCA web site at https://orca.bpn.gov/. No partial shipments are permitted unless specifically authorized at the time of award. Delivery must be made within 30 days or less after receipt of order (ARO). The offeror must provide within its offer the number of days - not to exceed 30 - required to make delivery after it receives a purchase order from the buyer. Unless otherwise noted. Q&A -Please submit all questions by using the 'Submit a Question' button. This buy will then be reposted with Q&A based on the questions that come in (if applicable). Award Criteria-An award will be made to a responsive offeror (who submits all required submissions on time), whose past performance does not pose a risk to the Government, and whose offer is the Lowest Price Technically Acceptable (LPTA). An offer is technically acceptable if its technical capabilities conform to the Government's Statement of Work or listed specs whichever is applicable to the buy. Supplemental Bid Information In addition to providing pricing at www.unisonmarketplace.com for this solicitation, each Offeror must provide any required, NON-PRICING responses (e.g. technical proposal, representations and certifications, etc.) so that they are received no later than the closing date and time for this solicitation. Submissions can be sent to
[email protected]. For Exact Match Only Commodity Buys- NO SUBSTITUTIONS, EXACT MATCH ONLY. The vendor may not substitute any item/service listed on this order without prior written approval from the DHS/CBP Contracting Officer. No other individual is authorized, either verbally or in writing to change part numbers, manufacturer, quantity, delivery dates, or any other specifications of this RFQ. Items/services that do not conform to descriptions and part numbers found in this RFQ will be rejected at the time of delivery causing a return at the vendor's expense. For Exact Match Services Buys Only- In order for a sellers bid to be 'responsive' and considered for award, the seller is REQUIRED to document exactly how they intend to meet the requirements of the SOW. They shall document statement detailing the service for evaluation. Failure to do this may be cause for termination. This information is REQUIRED in order for a sellers bid to be deemed 'responsive' and to be considered for award. For all buys other than Exact Match Sellers MUST document what they are bidding for evaluation for award. Sellers must include, extended specs and/or manufacturer name and part numbers (if applicable). Failure to do this may be cause for termination. This information is REQUIRED in order for a sellers bid to be deemed 'responsive' and to be considered for award. FAR 52.211-6 In accordance with the IPP clause; ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS - INVOICE PROCESSING PLATFORM (IPP) (JAN 2016), payment requests for all new awards must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP). The Contractor must use IPP for contracts and orders awarded April 11, 2016 or later. To constitute a proper invoice, the payment request must comply with the requirements identified in FAR 32.905(b), "Payment documentation and process" and the applicable Prompt Payment clause included in this contract. The IPP website address is: https:// www.ipp.gov. Contractor assistance with IPP enrollment can be obtained by contacting
[email protected] or phone (866) 973-3131. If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the contracting officer. (a) Definitions. As used in this clause— “Covered article” means any hardware, software, or service that– (1) Is developed or provided by a covered entity; (2) Includes any hardware, software, or service developed or provided in whole or in part by a covered entity; or (3) Contains components using any hardware or software developed in whole or in part by a covered entity. “Covered entity” means– (1) Kaspersky Lab; (2) Any successor entity to Kaspersky Lab; (3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or (4) Any entity of which Kaspersky Lab has a majority ownership. (b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits Government use of any covered article. The Contractor is prohibited from— (1) Providing any covered article that the Government will use on or after October 1, 2018; and (2) Using any covered article on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the contract. (c) Reporting requirement. (1) In the event the Contractor identifies covered article provided to the Government during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report, in writing, via email, to the Contracting Officer, Contracting Officer’s Representative, and the Enterprise Security Operations Center (SOC) at
[email protected], with required information in the body of the email. In the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Enterprise SOC, Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) and Contracting Officer’s Representative(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil. (2) The Contractor shall report the following information pursuant to paragraph (c)(1) of this clause: (i) Within 1 business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; brand; model number (Original Equipment Manufacturer (OEM) number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii) Within 10 business days of submitting the report pursuant to paragraph (c)(1) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of a covered article, any reasons that led to the use or submission of the covered article, and any additional efforts that will be incorporated to prevent future use or submission of covered articles. (c) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts, including subcontracts for the acquisition of commercial items. (End of clause) 52.204–24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. As prescribed in 4.2105(a), insert the following provision: Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (AUG 2020) The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it ‘‘does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument’’ in the provision at 52.204–26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v) of the provision at 52.212–3, Offeror Representations and Certifications– Commercial Items. (a) Definitions. As used in this provision – Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115–232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to— (i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115–232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to— (i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles. (c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https:// www.sam.gov) for entities excluded from receiving federal awards for ‘‘covered telecommunications equipment or services.’’ (d) Representations. The Offeror represents that— (1) It [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds ‘‘will’’ in paragraph (d)(1) of this section; and (2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that— It [ ] does, [ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds ‘‘does’’ in paragraph (d)(2) of this section. (e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded ‘‘will’’ in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer: (i) For covered equipment— (A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known); (B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and (C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision. (ii) For covered services— (A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or (B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision. (2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded ‘‘does’’ in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer: (i) For covered equipment— (A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known); (B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and (C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision. (ii) For covered services— (A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or (B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision. (a) Definitions. As used in this clause— “Backhaul” means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet). “Covered foreign country” means The People’s Republic of China. “Covered telecommunications equipment or services” means– (1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); (2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); (3) Telecommunications or video surveillance services provided by such entities or using such equipment; or (4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. “Critical technology” means– (1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations; (2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled- (i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or (ii) For reasons relating to regional stability or surreptitious listening; (3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities); (4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material); (5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or (6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817). “Interconnection arrangements” means arrangements governing the physical connection of two or more networks to allow the use of another’s network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources. “Reasonable inquiry” means an inquiry designed to uncover any information in the entity’s possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit. “Roaming” means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high. “Substantial or essential component” means any component necessary for the proper function or performance of a piece of equipment, system, or service. (b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115–232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. (2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115–232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. (c) Exceptions. This clause does not prohibit contractors from providing— (1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (d) Reporting requirement. (1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause in writing via email to the Contracting Officer, Contracting Officer’s Representative, and the Enterprise Security Operations Center (SOC) at
[email protected], with required information in the body of the email. In the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Enterprise SOC, Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) and Contracting Officer’s Representative(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil. (2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause (i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. (e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items. As prescribed in 4.2105(c), insert the following provision: 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. Please refer to https://www.dhs.gov/publication/current-far-deviations for additional information regarding the following FAR Class Deviations 20-07. 52.204-8 Annual Representations and Certifications (DEVIATION 20-07); 52.222-19 Child Labor—Cooperation with Authorities and Remedies. (DEVIATION 20-07); 52.225-3 Buy American—Free Trade Agreements—Israeli Trade Act (DEVIATION 20-07); 52.225-4 Buy American—Free Trade Agreement—Israeli Trade Act Certificate (DEVIATION 20-07); 52.225-5 Trade Agreements (DEVIATION 20-07); 52.225-11 Buy American—Construction Materials Under Trade Agreements (DEVIATION 20-07); and 52.225-23 Required Use of American Iron, Steel, and Manufactured Goods—Buy American Statute—Construction Materials Under Trade Agreements (DEVIATION 20-07). OPTION FOR INCREASED QUANTITY OPTION TO EXTEND SERVICES OPTION TO EXTEND THE TERM OF THE CONTRACT CONVICT LABOR