75--GITM EB Laptops

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. The solicitation number is 100523MC094 and is issued as a Request for Quote (RFQ), unless otherwise indicated herein. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2023-04. The associated North American Industrial Classification System (NAICS) code for this procurement is 334111 with a small business size standard of 1,250.00 employees. DOS Agency Catalog – Desktop/Laptop/Monitors Bids Only: Sellers bidding on this opportunity MUST have the items requested on an existing DOS Agency Catalog/NASA SEWP V contract. The contract 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 contract. 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 DOS Agency Catalog/NASA SEWP V contract AND upon approval from the soliciting Contracting officer. Information regarding NASA SEWP V contracts is available at http://www.sewp.nasa.gov. The Seller must include the SEWP Agency Handling Fee (AHF) in their line item pricing in accordance with SEWP guidelines. The Unison Marketplace Fee will be calculated based solely on the price of the goods included in the Seller's bid. The portion of the pricing (.39%) that corresponds with the SEWP AHF will be excluded from the Unison Marketplace Fee calculations. This requirement is a Small Business Set-Aside and only qualified sellers may submit bids. The solicitation pricing on https://marketplace.unisonglobal.com will start on the date this solicitation is posted, and, unless otherwise displayed at https://marketplace.unisonglobal.com, will end on: 2023-06-20 14:00:00.0 Eastern Time . This time supersedes the Offers Due Time listed above. FOB Destination shall be TBD, DC 20520 The Department of State requires the following items, Meet or Exceed, to the following: LI 001: GITM-DESKTOP-CLIN139B14 Inch Laptop (32GB)14inch Laptop; HP EliteBook 640 G9 or Dell Latitude 7430 TAA compliant; Processor - 12th Gen. Intel Core i7; Memory 32 GB DDR Ram; Storage 512 GB NVMe SSD Hard Drive; TPM 2.0; 14" Display (1920x1080); Extended Range 802.11ac ; Dual Band (2x2) Wi-Fi; Windows 10 Professional license Operating (64 bit); Intel Iris Xe Graphics; Built-in Smartcard Reader; 2 USB 3.1 Gen 1 (one with PowerShare), HDMI 1.4,; Webcam; Headset/mic combo jack; 1-year manufacturer s warranty or better. NOTE: Accessories for this laptop are CLINs 159, 160, and 161, 50, EA; LI 002: Shipping and handling to zip code 20520NOTE: split shipment are not acceptable. Delivery restrictions on freight box truck cannot exceed 40 ft. This location does not have a raised loading dock. The delivery truck must have a lift gate capable of lowering to the ground level., 1, EA; Solicitation and Buy Attachments ***Question Submission: Interested Sellers 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 https://marketplace.unisonglobal.com. Questions not received within a reasonable time prior to close of the solicitation may not be considered.*** For this solicitation, Department of State intends to conduct an online competitive reverse auction to be facilitated by the third-party reverse auction provider, Unison Marketplace. 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. Department of State is taking this action in an effort to improve both vendor access and awareness of requests and the agency's ability to gather multiple, competed, 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 https://marketplace.unisonglobal.com. There is no cost to register, review procurement data or make a bid on https://marketplace.unisonglobal.com.Sellers that are not currently registered to use https://marketplace.unisonglobal.com should proceed to https://marketplace.unisonglobal.com to complete their free registration. Sellers that require special considerations or assistance may contact Marketplace Support at 1.877.933.3243 or via email at [email protected]. Sellers may not artificially manipulate the price of a transaction on https://marketplace.unisonglobal.com by any means. It is unacceptable to place bad faith bids, to use decoys in the https://marketplace.unisonglobal.com process or to collude with the intent or effect of hampering the competitive https://marketplace.unisonglobal.com process. Should Sellers require additional clarification, notify the point of contact or 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. Buy Term Description: The selected Offeror must comply with the following commercial item terms and conditions. FAR 52.212-1, Instructions to Offerors - Commercial, applies to this acquisition. The selected Offeror must submit a completed copy of the provision at 52.212-3, Offeror Representations and Certifications - Commercial Items. FAR 52.212-4, Contract Terms and Conditions - Commercial Items, applies to this acquisition. The following FAR clauses in paragraph (b) of FAR clause 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items, will apply: 52.222-21, 52.222-26, 52.222-35, 52.222-36, 52.222-37, 52.225-13, 52.232-34. The full text of a FAR clause may be accessed electronically at http://www.acquisition.gov/far/ Examination of Recordsa.With respect to matters related to this contract or a subcontract hereunder, the Department of State Office of the Inspector General, or an authorized representative, shall have upon request:1.Complete, prompt, and free access to all Contractor and Subcontractor files (in any format), documents, records, data, premises, and employees, except as limited by law; and2.The right to interview any current Contractor and Subcontractor personnel, individually and directly, with respect to such matters.b.This clause may not be construed to require the contractor or any subcontractor to create or maintain any record that the contractor or subcontractor does not maintain in the ordinary course of business or pursuant to a provision of law.c.The Contractor shall insert a clause containing all the terms of this clause, including this paragraph (c), in all subcontracts under this contract other than acquisitions described in Federal Acquisition Regulation 15.209(b)(1).(87 FR 1082, Jan 10, 2022) The contractor shall notify the CO and COR, in writing, within one (1) business day if there is any shipping/delivery delay that may jeopardize performance pursuant to Section (INSERT at time of award) of the delivery order. The notification of late shipment/delivery shall include a detailed explanation of the condition(s) that contributed to the late shipment/delivery of equipment and any mitigation strategy to ensure all task order milestones are met.1. If the late delivery is due to an excusable delay (as described in FAR 52.212-4(f) Excusable Delays), the Contractor shall provide the following:i. Written verification (to the CO and COR) that the excusable shipping or delivery delay will not affect any delivery order requirement; OR,ii. If a change to the contractual delivery date is required, the Contractor shall provide a revised quote that details (1) the actual change(s) to the required delivery requirement(s) including a detailed explanation of the delta between the original requirement and the proposed change(s); (2) any proposed change(s) to the items; quantities; number of days required for delivery for each item; (3) how the delay in equipment delivery will affect other delivery order requirements (if applicable); and, (4) any proposed change(s) to delivery order requirements that may expedite shipping or delivery. (a) Definitions. As used in this clause:Covered article - The term "covered article" includes-(1) "Information and Communications technology" which means-(i) any equipment or interconnected system or subsystem of equipment, used in theautomatic acquisition, storage, analysis, evaluation, manipulation, management, movement,control, display, switching, interchange, transmission, or reception of data or information bythe executive agency, if the equipment is used by the executive agency directly or is used by acontractor under a contract with the executive agency that requires the use of thatequipment, or of that equipment to a significant extent in the performance of a service or thefurnishing of a product.(ii) computers, ancillary equipment (including imaging peripherals, input, output, andstorage devices necessary for security and surveillance), peripheral equipment designed to becontrolled by the central processing unit of a computer, software, firmware and similarprocedures, services (including support services), and related resources; however, does notinclude any equipment acquired by a federal contractor incidental to a federal contract.(2) "Telecommunications Equipment", which means equipment, other than customerpremisesequipment, used by a carrier to provide telecommunications services, and includes softwareintegral to such equipment (including upgrades).(3) "Telecommunications Service", which means the offering of telecommunications for a feedirectly to the public, or to such classes of users as to be effectively available directly to thepublic, regardless of the facilities used.(4) "Cybersecurity Supply Chain Risk", which means the risk that a person may sabotage,maliciously introduce unwanted function, extract data, or otherwise manipulate the design,integrity, manufacturing, production, distribution, installation, operation, maintenance,disposition, or retirement of covered articles to surveil, deny, disrupt, or otherwise manipulatethe function, use, or operation of the covered articles or information stored or transmitted onthe covered articles.(b) Contractor Cybersecurity Supply Chain Risk Management Responsibilities. The Contractorshall take all prudent actions and comply with all Government direction (as identified inparagraph (c)) to regularly identify, assess, monitor, and mitigate cybersecurity supplychainrisks when providing covered articles or services affecting covered articles to theGovernment. The Contractor shall maintain artifacts that document its compliance with thisparagraph and shall provide these artifacts to the Government within 48 hours of request (c) Supporting Government Cybersecurity Supply Chain Risk Assessments. The Government mayperform a cybersecurity supply chain risk assessment at any time during contractadministration to identity, assess, and monitor the cyber risks of the Contractor's supply chain.The Contractor agrees that the Government may, at its own discretion, perform on-siteassessments to collect information for the cybersecurity supply chain risk assessment. Inperforming the cybersecurity supply chain risk assessment, the Government may review anyinformation provided by the Contractor, along with any other information available to theGovernment from public, unclassified, classified, or any other sources. Examples ofinformation that the Government may collect for the cybersecurity supply chain riskassessment includes the following:1. Functionality and features of covered articles, including access to data andinformationsystem privileges.2. The user environment where a covered article is used or installed.3. The ability of a source to produce and deliver covered articles as expected.4. Foreign control of, or influence over, a source or covered article (e.g., foreignownership, personal and professional ties between a source and any foreign entity orlegal regime of any foreign country in which a source is headquartered or conductsoperations).5. Implications to Government mission(s) or assets, national security, homelandsecurity,or critical functions associated with use of a source or covered article.6. Vulnerability of Federal systems, programs, or facilities.7. Market alternatives to the covered source.8. Potential impact or harm caused by the possible loss, damage, or compromise of aproduct, material, or service to an organization's operations or mission.9. Likelihood of a potential impact or harm, or the exploitability of a system.10. Security standards of the supplier as demonstrated by cooperation with assessments.11. Security, authenticity, and integrity of covered articles and their supply and compilationchain.12. Capacity to mitigate risks identified.13. Factors that could lead to inability of the supplier to provide security updates.14. Factors that may reflect upon the reliability of other supply chain risk information.15. Any other considerations that would factor into an analysis of the security,integrity,resilience, quality, trustworthiness, or authenticity of covered articles or sources.(d) Non-Destructive and Destructive Testing. The Government may engage in non-destructiveand/or destructive testing of any information system, equipment, and software to determinewhether it will negatively affect the security or performance of a Department of Stateinformation system.(e) Novation Agreement Notice. FAR 42.1203 require Government approval of novationagreements. For proposed novation agreements for this contract, the Contractor shall provideany information requested by the Government regarding the proposed successor's identityand information regarding its supply chain.(f) Software Bill of Materials (SBOM) Requests. For software, within 10 business days ofrequest by a Department of State representative, the Contractor shall submit a SBOM to adesignated representative. This request may be requested on one (1) or more occasions andshall be delivered at no increase in contract price.(g) SBOM Sharing Notice. The Contractor consents to the sharing of its SBOM data with othercontractors, such as tool solution providers, for the sole purpose of mapping against knownvulnerabilities.(h) Notification proceduresfor cybersecurity supply chain events. When cybersecurity supplychain events occur, the Contractor must contact the Contracting Officer or his/her designeewithin 12 hours of the event.(i) Subcontracts. The Contractor shall insert the substance of this clause in all subcontracts andother contractual instruments in support of this contract.(j) Vulnerability Exploitability exchange (VEX). The Contractor is required to notify theDepartment of any discovered software vulnerabilities within 12 hours. Within three (3) days,they shall provide a report using a VEX format.(k) Attestationfollowing Major Version Change. Critical Software, as defined by NationalInstitute for Science and Technology (NIST) Guidance, that is provided by the Contractor orsubcontractors and is modified during the contract's period of performance by a major versionchange (e.g., using a semantic versioning schema of Major.Minor.Patch, the software versionnumber goes from 2.5 to 3.0) requires a new self attestation. For indefinite delivery contractvehicles, this self attestation must be provided for all critical software available for ordering onthe contract vehicle when the software is modified during the contract vehicle's orderingperiod of performance by a major version change. The Contractor shall either (i) post the newattestation in a publicly available internet location within 15 days of the major version changeand provide the COR, or Contracting Officer if a COR is not appointed, with the internet linker(ii) shall contact the COR, or Contracting Officer if a COR is not appointed, and request theagency's current software self attestation form and submit it to the Government within 15days of the major version change. The self attestation form will contain the followingelements: (i) the software producer's name; (ii) a description of which product or products thestatement refers to including the number of the major version change; and (iii) a statementattesting that the software producer follows secure development practices and tasksconsistent with NIST Guidance.(end of clause) This factor is evaluated on a go/no-go basis. The Government will evaluate whether the submitted C-SCRM Questionnaire and C-SCRM Software Producer Attestation Form meet the definition for the Go or No-Go ratings for this factor. Cybersecurity C-SCRM QuestionnaireThe offeror shall include in its offer a completed Attachment A (C- SCRM Questionnaire) and C-SCRM Software Producer Attestation Form, which shall be completed in accordance with the attachments instructions. Failure to follow the attachments instructions may result in rejection of the offer. Except when it is determined in accordance with FAR 17.206(b) not to be in the Governments best interests, the Government will evaluate the total price for the basic requirement together with any option(s) exercised at the time of award.(End of provision) The Government may increase the quantity of supplies called for in the Schedule at the unit price specified. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days . Delivery of the added items shall continue at the same rate as the like items called for under the contract, unless the parties otherwise agree. The option for increased quantity may be up to 100% of supplies requested for all items identified in the schedule. If this is a Tempest requirement, as applicable, sellers shall specify the matching Tempest BPA CLIN in their Seller Line Item Details:. Sellers that fail to do this, may have their bids rejected as technically unacceptable. 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; these shall be uploaded with the Offeror's bid via Unison Marketplace. (a) The Department of State's Advocate for Competition is responsible for assisting industry in removing restrictive requirements from Department of State solicitations and removing barriers to full and open competition and use of commercial items. If such a solicitation is considered competitively restrictive or does not appear properly conducive to competition and commercial practices, potential offerors are encouraged first to contact the contracting officer for the solicitation. If concerns remain unresolved, contact: (a) Definitions. As used in this provision: Foreign person means any person other than a United States person as defined below. United States person means any United States resident or national (other than an individual resident outside the United States and employed by other than a United States person), any domestic concern (including any permanent domestic establishment of any foreign concern), and any foreign subsidiary or affiliate (including any permanent foreign establishment) of any domestic concern which is controlled in fact by such domestic concern, as provided under the Export Administration Act of 1979, as amended. (b) Certification. By submitting this offer, the offeror certifies that it is not: (1) Taking or knowingly agreeing to take any action, with respect to the boycott of Israel by Arab League countries, which Section 8(a) of the Export Administration Act of 1979, as amended (50 U.S.C. 2407(a)) prohibits a United States person from taking; or, (2) Discriminating in the award of subcontracts on the basis of religion. (End of provision) All offers/bids submitted in response to this solicitation must address the approach for completing the security plan and certification and accreditation requirements as required by the clause at 652.239-71, Security Requirements for Unclassified Information Technology Resources. (End of provision) (a) General. The Contractor shall be responsible for information technology (IT) security, based on Department of State (DOS) risk assessments, for all systems connected to a Department of State (DOS) network or operated by the Contractor for DOS, regardless of location. This clause is applicable to all or any part of the contract that includes information technology resources or services in which the Contractor has physical or electronic access to DOS's information that directly supports the mission of DOS. The term information technology, as used in this clause, means any equipment, including telecommunications equipment, that is used in the automatic acquisition, storage, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information. This includes both major applications and general support systems as defined by OMB Circular A-130. Examples of tasks that require security provisions include: (1) Hosting of DOS e-Government sites or other IT operations; (2) Acquisition, transmission or analysis of data owned by DOS with significant replacement cost should the Contractor's copy be corrupted; and (3) Access to DOS general support systems/major applications at a level beyond that granted the general public; e.g., bypassing a firewall. (b) IT Security Plan. The Contractor shall develop, provide, implement, and maintain an IT Security Plan. This plan shall describe the processes and procedures that will be followed to ensure appropriate security of IT resources that are developed, processed, or used under this contract. The plan shall describe those parts of the contract to which this clause applies. The Contractor's IT Security Plan shall comply with applicable Federal laws that include, but are not limited to, 40 U.S.C. 11331, the Federal Information Security Management Act (FISMA) of 2002, and the E-Government Act of 2002. The plan shall meet IT security requirements in accordance with Federal and DOS policies and procedures, as they may be amended from time to time during the term of this contract that include, but are not limited to: (1) OMB Circular A-130, Management of Federal Information Resources, Appendix III, Security of Federal Automated Information Resources; (2) National Institute of Standards and Technology (NIST) Guidelines (see NIST Special Publication 800-37, Guide for the Security Certification and Accreditation of Federal Information Technology Systems (http://csrc.nist.gov/publications/nistpubs/800-37/SP800-37-final.pdf)); and (3) Department of State information security sections of the Foreign Affairs Manual (FAM) and Foreign Affairs Handbook (FAH) (http://foia.state.gov/Regs/Search.asp), specifically: (i) 12 FAM 230, Personnel Security; (ii) 12 FAM 500, Information Security (sections 540, 570, and 590); (iii) 12 FAM 600, Information Security Technology (section 620, and portions of 650); (iv) 5 FAM 1060, Information Assurance Management; and (v) 5 FAH 11, Information Assurance Handbook. (c) Submittal of IT Security Plan. Within 30 days after contract award, the Contractor shall submit the IT Security Plan to the Contracting Officer and Contracting Officer's Representative (COR) for acceptance. This plan shall be consistent with and further detail the approach contained in the contractor's proposal or sealed bid that resulted in the award of this contract and in compliance with the requirements stated in this clause. The plan, as accepted by the Contracting Officer and COR, shall be incorporated into the contract as a compliance document. The Contractor shall comply with the accepted plan. (d) Accreditation. Within six (6) months after contract award, the Contractor shall submit written proof of IT security accreditation for acceptance by the Contracting Officer. Such written proof may be furnished either by the Contractor or by a third party. Accreditation must be in accordance with NIST Special Publication 800-37. This accreditation will include a final security plan, risk assessment, security test and evaluation, and disaster recovery plan/continuity of operations plan. This accreditation, when accepted by the Contracting Officer, shall be incorporated into the contract as a compliance document, and shall include a final security plan, a risk assessment, security test and evaluation, and disaster recovery/continuity of operations plan. The Contractor shall comply with the accepted accreditation documentation. (e) Annual verification. On an annual basis, the Contractor shall submit verification to the Contracting Officer that the IT Security Plan remains valid. (f) Warning notices. The Contractor shall ensure that the following banners are displayed on all DOS systems (both public and private) operated by the Contractor prior to allowing anyone access to the system SECTION 8(A) OF THE EXPORT ADMINISTRATION ACT OF 1979, AS AMENDED (AUG 1999)(a) Section 8(a) of the U.S. Export Administration Act of 1979, as amended (50 U.S.C. 2407(a)), prohibits compliance by U.S. persons with any boycott fostered by a foreign country against a country which is friendly to the United States and which is not itself the object of any form of boycott pursuant to United States law or regulation. The Boycott of Israel by Arab League countries is such a boycott, and therefore, the following actions, if taken with intent to comply with, further, or support the Arab League Boycott of Israel, are prohibited activities under the Export Administration Act:(1) Refusing, or requiring any U.S. person to refuse to do business with or in Israel, with any Israeli concern, or with any national or resident of Israel, or with any other person, pursuant to an agreement of, or a request from or on behalf of a boycotting country;(2) Refusing, or requiring any U.S. person to refuse to employ or otherwise discriminating against any person on the basis of race, religion, sex, or national origin of that person or of any owner, officer, director, or employee of such person;(3) Furnishing information with respect to the race, religion, or national origin of any U.S. person or of any owner, officer, director, or employee of such U.S. person;(4) Furnishing information about whether any person has, has had, or proposes to have any business relationship (including a relationship by way of sale, purchase, legal or commercial representation, shipping or other transport, insurance, investment, or supply) with or in the State of Israel, with any business concern organized under the laws of the State of Israel, with any Israeli national or resident, or with any person which is known or believed to be restricted from having any business relationship with or in Israel;(5) Furnishing information about whether any person is a member of, has made contributions to, or is otherwise associated with or involved in the activities of any charitable or fraternal organization which supports the State of Israel; and,(6) Paying, honoring, confirming, or otherwise implementing letter of credit which contains any condition or requirement against doing business with the State of Israel.(b) Under Section 8(a), the following types of activities are not forbidden compliance with the boycott, and are therefore exempted from Section 8(a)s prohibitions listed in paragraphs (a)(1) through (6) above:(1) Complying or agreeing to comply with requirements:(i) Prohibiting the import of goods or services from Israel or goods produced or services provided by any business concern organized under the laws of Israel or by nationals or residents of Israel; or,(ii) Prohibiting the shipment of goods to Israel on a carrier of Israel, or by a route other than that prescribed by the boycotting country or the recipient of the shipment; (2) Complying or agreeing to comply with import and shipping document requirements with respect to the country of origin, the name of the carrier and route of shipment, the name of the supplier of the shipment or the name of the provider of other services, except that no information knowingly furnished or conveyed in response to such requirements may be stated in negative, blacklisting, or similar exclusionary terms, other than with respect to carriers or route of shipments as may be permitted by such regulations in order to comply with precautionary requirements protecting against war risks and confiscation;(3) Complying or agreeing to comply in the normal course of business with the unilateral and specific selection by a boycotting country, or national or resident thereof, of carriers, insurance, suppliers of services to be performed within the boycotting country or specific goods which, in the normal course of business, are identifiable by source when imported into the boycotting country;(4) Complying or agreeing to comply with the export requirements of the boycotting country relating to shipments or transshipments of exports to Israel, to any business concern of or organized under the laws of Israel, or to any national or resident of Israel;(5) Compliance by an individual or agreement by an individual to comply with the immigration or passport requirements of any country with respect to such individual or any member of such individuals family or with requests for information regarding requirements of employment of such individual within the boycotting country; and,(6) Compliance by a U.S. person resident in a foreign country or agreement by such person to comply with the laws of that country with respect to his or her activities exclusively therein, and such regulations may contain exceptions for such resident complying with the laws or regulations of that foreign country governing imports into such country of trademarked, trade named, or similarly specifically identifiable products, or components of products for his or her own use, including the performance of contractual services within that country, as may be defined by such regulations.(End of clause) If this is a Brand Name Only procurement, Seller certifies that it is an authorized distributer of the brand name product being sold to the Department of State and that it has the certification/specialization level required by the manufacturer, to support both the product sale and product pricing, in accordance with applicable manufacturer certification/specialization requirements. Unless otherwise specified, Seller warrants that the products are new and in their original box(es). Be advised only equipment that is on the catalog is eligible to be proposed. Proposing equipment that is not on the catalog will render your bid as unacceptable and will automatically be rejected from consideration. Offerors must identify each line item being offered on a bid as Buy American Act (BAA) or Trade Agreements Act (TAA)-compliant or request a waiver on solicitations against VCES. All items that are not TAA or BAA compliant must be approved by a DOS Contracting Officer before award can be issued. Reference FAR clause 52.225-5, Trade Agreements. 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 ServicesRepresentation, 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) Representation. The Offeror represents that (1)It will, will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds will in paragraph (d)(1) of this section; and (2)After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that It does, does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds does in paragraph (d)(2) of this section. (e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded will in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer: (i)For covered equipment (A)The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known); (B)A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and (C)Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision. (ii)For covered services (A)If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or (B)If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision. (2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded does in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer: (i)For covered equipment (A)The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known); (B)A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and (C)Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision. (ii)For covered services (A)If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or (B)If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision. (End of provision) (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 Peoples Republic of China. Covered telecommunications equipment or services means (1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); (2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); (3) Telecommunications or video surveillance services provided by such entities or using such equipment; or (4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. Critical technology means (1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations; (2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled- (i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or (ii) For reasons relating to regional stability or surreptitious listening; (3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities); (4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material); (5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or (6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817). Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources. Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit. Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high. Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service. (b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. (2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. c) Exceptions. This clause does not prohibit contractors from providing (1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (d) Reporting requirement. (1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil. (2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause (i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. (e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items. (End of clause) To be considered for award, all vendors submitting bids for this requirement must self-certify conformance in their SAM.gov representations as required in FAR 52.204-24, FAR 52.204-25 and FAR 52.204-26 in accordance with FAR Interim Rule 2019-009. Vendors that fail to complete this self-certification or present with a record that does not reflect conformance at FAR 52.204-26 and FAR 52.212-3 (v) within SAM.gov will not be considered for award. (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. This solicitation requires registration with the System for Award Management (SAM) prior to award, pursuant to FAR 4.1102 and other applicable regulations and guidelines. Information can be found at www.sam.gov. Registration must be "ACTIVE" at the time of award. All Bids must be valid for 30 days from the closing date for this solicitation. No exceptions or qualifications. New equipment ONLY, NO grey market or refurbished products. Items must be in original packaging, never used, and not altered in any way. Components of the requested equipment, to include memory, must be manufacturer-approved and may not be compatible, remanufactured, or refurbished equipment. All items must be covered by manufacturers warranty and procured through a manufacturer approved distribution channel. Sellers must be able to document their ability to provide items through manufacturer approved distribution channels upon request.The Seller confirms to have sourced all products submitted in this Bid from manufacturer-approved channels for Federal sales, in accordance with all applicable laws and manufacturers current applicable policies at the time of purchase. Seller must be able to support both the product sale and product pricing, in accordance with applicable manufacturer certification / specialization requirements. If software is provided or included, Seller shall, upon request, provide Buyer with a copy of the End User License Agreement. Seller certifies that all software is licensed originally to Buyer as the original licensee authorized to use the software. All bid prices must include shipping FOB Destination. No partial shipments are permitted, unless otherwise specified by Contracting Officer at time of award. Delivery order awards shall only be made to the firm that has the specified GWAC contract associated with this solicitation. The Government views a team arrangement as a prime and subcontractor relationship with the delivery/task order only being awarded to one GWAC contract holder. To ensure compliance, prior to award the offeror MUST provide written proof from the prime GWAC contract holder that they have the right to offer the items/services from this GWAC contract on behalf of the primary GWAC contract holder; AND a statement that the offeror accepts that the government will make award to the prime GWAC contract holder as the sole awardee and they understand the Government will only accept invoices from and make payments to the prime GWAC contract holder. ATTENTION: Should a solicitation be set aside for a specific socio-economic status, such as a small business, the prime GWAC contract holder must meet the socio-economic requirement in order to be considered for award. This includes but is not limited to all GWACs such as: Alliant, 8(a) STARS II, OASIS, NASA SEWP V, NITAAC, etc. To be considered for award, all Sellers must be manufacturer federally authorized distributors/resellers of the equipment/services they are offering with a demonstrated capability of delivering the entire order within the timeframes specified by the Buyer on the award. Sellers shall be required to provide documentation as proof of authorization to be considered for award.