Inactive Total Small Business Set-Aside (FAR 19.5)

Document Type: Combined Solicitation/Synopsis Solicitation Number: N63394-20-Q-0161 NAICS: 335314 FSC/PSC: 5945 Contracting Office Address: NAVAL SURFACE WARFARE CENTER PORT HUENEME DIVISION 4363 MISS... Document Type: Combined Solicitation/Synopsis Solicitation Number: N63394-20-Q-0161 NAICS: 335314 FSC/PSC: 5945 Contracting Office Address: NAVAL SURFACE WARFARE CENTER PORT HUENEME DIVISION 4363 MISSILE WAY PORT HUENEME, CA. 93043-4307 Description: This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, “Streamlined Procedures for Evaluation and Solicitation for Commercial Items,” as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested, and a written solicitation document will not be issued. This solicitation, N63394-20-Q-0161, is a request for quotations (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2020-09 dated 27 August, 2020. The associated North American Industrial Classification System (NAICS) code for this procurement is 335314 with a small business size standard of 1000 employees. Product Service Code (PSC) is 5945. Material Description: The Naval Surface Warfare Center, Port Hueneme Division (NSWC PHD) intends to enter into a Firm Fixed Price contract for the purchase the items listed below. New, unused, non-refurbished items only. All interested companies shall provide a quotation for the following supplies: 1. Relay, Electromagnetic, P/N: M39016/14-002M, QTY: 180 2. Relay, Electromagnetic, P/N: M39016/44-035L, QTY 80 3. Relay, Electromagnetic, P/N: M39016/11-044M, QTY: 220 Defense Priorities and Allocations System This is a rated order under the Defense Priorities and Allocations System. The rating is DO-C9. Place of Delivery Address: NAVAL SURFACE WARFARE CENTER PORT HUENEME DIVISION BLDG 435 4363 MISSILE WAY PORT HUENEME, CA. 93043-4307 Inspection and Acceptance is to be at destination. Instructions for industry: Vendors must complete annual representations and certifications on-line at http://www.sam.gov/portal in accordance with FAR 52.212-3, “Offerors Representations and Certifications–Commercial Items.” If paragraph (j) of the provision is applicable, a written submission is required. Vendor must also be currently registered in the System for Award Management (SAM). Submission shall be received not later than 3:00 PM PDT on 26 October 2020 to Pamela Stiles at pamela.stiles@navy.mil Late submissions shall be treated in accordance with the solicitation provision at FAR 52.212-1, “Instructions to Offerors -- Commercial Items”. Any questions or concerns regarding this solicitation should be forwarded in writing via e-mail to the point(s) of contact listed below: Pamela.stiles@navy.mil Quotations shall contain the following: Vendor Administrative Information: Cage Code: Dun & Bradstreet #: Tax ID #: Company Size (large or small)? Special Small Business Sub-Category (if applicable): Country where items are manufactured (if applicable): Is your company the OEM or proprietary for these products? Do you have authorized distributor or resellers? Does your company accept Wide Area Work Flow (WAWF) for electronic invoicing? Pricing: If the items quoted are available on a commercial, published, or on-line price listing, attach the listing to the RFQ response. If using an internal price listing, provide the title of your price list, the page number on which the items are listed, and the date the price list was established. If quoting on a GSA Schedule or Blanket Purchase Agreement (BPA), provide Schedule Number and Expiration Date. Price Breakdown. The quote shall include: Item Description, Unit Cost, Quantity, and Subtotal. The Quote shall reflect an all-inclusive price (e.g., includes delivery cost). Statement that the quotes are good for 60 calendar days. The attached form shall be completed, signed, and returned along with your quotation. EVALUATION Evaluation of quotes will be made on the basis of the lowest evaluated price of quotations meeting or exceeding the acceptability factors for non-cost factors (aka, Lowest Priced, Technically Acceptable (LPTA)). The government will evaluate information based on the following evaluation criteria: (1) Price. Total price will be evaluated. (2) Technical Capability. The Vendor’s technical capability will be assessed based upon the vendor providing a quotation based on the part numbers provided in this solicitation. Technical capability will receive an “acceptable” or “not acceptable” rating. (3) Past performance - Will be considered on a pass/fail basis. Offerors need not submit past performance information. The government will consider past performance information from web based sources in accordance with DFARS 213.106-2 and 252.213-7000. Adjectival Rating Description Acceptable: Based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort. Unacceptable: Based on the offeror’s performance record, the Government does not have a reasonable expectation that the offeror will be able to successfully perform the required effort. The full text of FAR provisions or clauses may be accessed electronically at FAR: https://www.acquisition.gov/browse/index/far DFAR: https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html APPLICABLE SOLICITATION PROVISIONS FAR 52.204-7 System for Award Management. FAR 52.204-8 Annual Representations and Certifications. FAR 52.204-16 Commercial and Government Entity Code Reporting. FAR 52.204-20 Predecessor of Offeror. FAR 52.204-22 Alternative Line Item Proposal. FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. FAR 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. FAR 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations— Representation. FAR 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. FAR 52.212-1 Instructions to Offerors—Commercial Items. FAR 52.212-2 Evaluation—Commercial Items. FAR 52.219-1 Small Business Program Representations. FAR 52.222-22 Previous Contracts and Compliance Reports. FAR 52.222-46 Evaluation of Compensation for Professional Employees. FAR 52.222-48 Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Certification. FAR 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Certification. FAR 52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals— Representation. FAR 52.225-18 Place of Manufacture. FAR 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications. DFARS 252.203-7005 Representation Relating to Compensation of Former DoD Officials. DFARS 252.204-7004 Alternate A, System for Award Management. DFARS 252.213-7000 Notice to Prospective Suppliers on Use of Past Performance Information Retrieval System-Statistical Reporting in Past Performance Evaluations. FAR 52.204-17 Ownership or Control of Offeror. (a) Definitions. As used in this provision— “Commercial and Government Entity (CAGE) code” means-- (1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity, or (2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code. “Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner. “Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees. (b) The Offeror represents that it [ ] has or [ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (c) and if applicable, paragraph (d) of this provision for each participant in the joint venture. (c) If the Offeror indicates “has” in paragraph (b) of this provision, enter the following information: Immediate owner CAGE code:________________________________________ Immediate owner legal name:_________________________________________ (Do not use a “doing business as” name) Is the immediate owner owned or controlled by another entity?: [ ] Yes or [ ] No. (d) If the Offeror indicates “yes” in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information: Highest level owner CAGE code:________________________________________ Highest level owner legal name:_________________________________________ (Do not use a “doing business as” name) (End of provision) FAR 52.212-3 Offeror Representations and Certifications -- Commercial Items The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at http://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision. APPLICABLE CONTRAT CLAUSES FAR 52.204-13 System for Award Management Maintenance. FAR 52.204-18 Commercial and Government Entity Code Maintenance. FAR 52.204-19 Incorporation by Reference of Representations and Certification. FAR 52.211-6 Brand Name or Equal. FAR 52.211-15 Defense Priority and Allocation Requirements. FAR 52.212-4 Contract Terms and Conditions-Commercial Items. FAR 52.232-39 Unenforceability of Unauthorized Obligations. FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. FAR 52.233-1 Disputes. FAR 52.234-1 Industrial Resources Developed Under Title III, Defense Production Act. FAR 52.243-1 Changes-Fixed Price. FAR 52.244-6 Subcontracts for Commercial Items. FAR 52.246-1 Contractor Inspection Requirements. FAR 52.246-16 Responsibility for Supplies. FAR 52.247-34 F.o.b. Destination. FAR 52.249-2 Termination for Convenience of the Government (Fixed-Price). FAR 52.249-8 Default (Fixed-Price Supply and Service). FAR 52.252-2 Clauses Incorporated by Reference. DFARS 252.203-7000 Requirements Relating to Compensation of Former DoD Officials. DFARS 252.203-7002 Requirements to Inform Employees of Whistleblower Rights. DFARS 252.204-7003 Control of Government Personnel Work Product. DFARS 252.204-7004 Antiterrorism Awareness Training for Contractors. DFARS 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls. DFARS 252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information. DFARS 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. DFARS 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. DFARS 252.211-7008 Use of Government-Assigned Serial Numbers. DFARS 252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors. DFARS 252.223-7008 Prohibition of Hexavalent Chromium. DFARS 252.225-7001 Buy American and Balance of Payments Program. DFARS 252.225-7002 Qualifying Country Sources as Subcontractors. DFARS 252.225-7048 Export-Controlled Items. DFARS 252.231-7000 Supplemental Cost Principles. DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. DFARS 252.232-7006 Wide Area Workflow Payment Instructions. DFARS 252.232-7010 Levies on Contract Payments. DFARS 252.243-7001 Pricing of Contract Modifications. DFARS 252.244-7000 Subcontracts for Commercial Items. DFARS 252.247-7023 Transportation of Supplies by Sea. DFARS 252.211-7003 Item Unique Identification and Valuation. (a) Definitions. As used in this clause— “Automatic identification device” means a device, such as a reader or interrogator, used to retrieve data encoded on machine-readable media. “Concatenated unique item identifier” means— (1) For items that are serialized within the enterprise identifier, the linking together of the unique identifier data elements in order of the issuing agency code, enterprise identifier, and unique serial number within the enterprise identifier; or (2) For items that are serialized within the original part, lot, or batch number, the linking together of the unique identifier data elements in order of the issuing agency code; enterprise identifier; original part, lot, or batch number; and serial number within the original part, lot, or batch number. “Data matrix” means a two-dimensional matrix symbology, which is made up of square or, in some cases, round modules arranged within a perimeter finder pattern and uses the Error Checking and Correction 200 (ECC200) specification found within International Standards Organization (ISO)/International Electrotechnical Commission (IEC) 16022. “Data qualifier” means a specified character (or string of characters) that immediately precedes a data field that defines the general category or intended use of the data that follows. “DoD recognized unique identification equivalent” means a unique identification method that is in commercial use and has been recognized by DoD. All DoD recognized unique identification equivalents are listed at http://www.acq.osd.mil/dpap/pdi/uid/iuid_equivalents.html. “DoD item unique identification” means a system of marking items delivered to DoD with unique item identifiers that have machine-readable data elements to distinguish an item from all other like and unlike items. For items that are serialized within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier and a unique serial number. For items that are serialized within the part, lot, or batch number within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier; the original part, lot, or batch number; and the serial number. “Enterprise” means the entity (e.g., a manufacturer or vendor) responsible for assigning unique item identifiers to items. “Enterprise identifier” means a code that is uniquely assigned to an enterprise by an issuing agency. “Government’s unit acquisition cost” means— (1) For fixed-price type line, subline, or exhibit line items, the unit price identified in the contract at the time of delivery; (2) For cost-type or undefinitized line, subline, or exhibit line items, the Contractor’s estimated fully burdened unit cost to the Government at the time of delivery; and (3) For items produced under a time-and-materials contract, the Contractor’s estimated fully burdened unit cost to the Government at the time of delivery. “Issuing agency” means an organization responsible for assigning a globally unique identifier to an enterprise, as indicated in the Register of Issuing Agency Codes for ISO/IEC 15459, located at http://www.aimglobal.org/?Reg_Authority15459. “Issuing agency code” means a code that designates the registration (or controlling) authority for the enterprise identifier. “Item” means a single hardware article or a single unit formed by a grouping of subassemblies, components, or constituent parts. “Lot or batch number” means an identifying number assigned by the enterprise to a designated group of items, usually referred to as either a lot or a batch, all of which were manufactured under identical conditions. “Machine-readable” means an automatic identification technology media, such as bar codes, contact memory buttons, radio frequency identification, or optical memory cards. “Original part number” means a combination of numbers or letters assigned by the enterprise at item creation to a class of items with the same form, fit, function, and interface. “Parent item” means the item assembly, intermediate component, or subassembly that has an embedded item with a unique item identifier or DoD recognized unique identification equivalent. “Serial number within the enterprise identifier” means a combination of numbers, letters, or symbols assigned by the enterprise to an item that provides for the differentiation of that item from any other like and unlike item and is never used again within the enterprise. “Serial number within the part, lot, or batch number” means a combination of numbers or letters assigned by the enterprise to an item that provides for the differentiation of that item from any other like item within a part, lot, or batch number assignment. “Serialization within the enterprise identifier” means each item produced is assigned a serial number that is unique among all the tangible items produced by the enterprise and is never used again. The enterprise is responsible for ensuring unique serialization within the enterprise identifier. “Serialization within the part, lot, or batch number” means each item of a particular part, lot, or batch number is assigned a unique serial number within that part, lot, or batch number assignment. The enterprise is responsible for ensuring unique serialization within the part, lot, or batch number within the enterprise identifier. “Type designation” means a combination of letters and numerals assigned by the Government to a major end item, assembly or subassembly, as appropriate, to provide a convenient means of differentiating between items having the same basic name and to indicate modifications and changes thereto. “Unique item identifier” means a set of data elements marked on items that is globally unique and unambiguous. The term includes a concatenated unique item identifier or a DoD recognized unique identification equivalent. “Unique item identifier type” means a designator to indicate which method of uniquely identifying a part has been used. The current list of accepted unique item identifier types is maintained at http://www.acq.osd.mil/dpap/pdi/uid/uii_types.html. (b) The Contractor shall deliver all items under a contract line, subline, or exhibit line item. (c) Unique item identifier. (1) The Contractor shall provide a unique item identifier for the following: (i) Delivered items for which the Government’s unit acquisition cost is $5,000 or more, except for the following line items: Contract Line, Subline, or Exhibit Line Item Number Item Description ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ (ii) Items for which the Government’s unit acquisition cost is less than $5,000 that are identified in the Schedule or the following table: Contract Line, Subline, or Exhibit Line Item Number Item Description ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ (If items are identified in the Schedule, insert “See Schedule” in this table.) (iii) Subassemblies, components, and parts embedded within delivered items, items with warranty requirements, DoD serially managed reparables and DoD serially managed nonreparables as specified in Attachment Number ____. (iv) Any item of special tooling or special test equipment as defined in FAR 2.101 that have been designated for preservation and storage for a Major Defense Acquisition Program as specified in Attachment Number ____. (v) Any item not included in (i), (ii), (iii), or (iv) for which the contractor creates and marks a unique item identifier for traceability. (2) The unique item identifier assignment and its component data element combination shall not be duplicated on any other item marked or registered in the DoD Item Unique Identification Registry by the contractor. (3) The unique item identifier component data elements shall be marked on an item using two dimensional data matrix symbology that complies with ISO/IEC International Standard 16022, Information technology – International symbology specification – Data matrix; ECC200 data matrix specification. (4) Data syntax and semantics of unique item identifiers. The Contractor shall ensure that— (i) The data elements (except issuing agency code) of the unique item identifier are encoded within the data matrix symbol that is marked on the item using one of the following three types of data qualifiers, as determined by the Contractor: (A) Application Identifiers (AIs) (Format Indicator 05 of ISO/IEC International Standard 15434), in accordance with ISO/IEC International Standard 15418, Information Technology – EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and ANSI MH 10.8.2 Data Identifier and Application Identifier Standard. (B) Data Identifiers (DIs) (Format Indicator 06 of ISO/IEC International Standard 15434), in accordance with ISO/IEC International Standard 15418, Information Technology – EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and ANSI MH 10.8.2 Data Identifier and Application Identifier Standard. (C) Text Element Identifiers (TEIs) (Format Indicator 12 of ISO/IEC International Standard 15434), in accordance with the Air Transport Association Common Support Data Dictionary; and (ii) The encoded data elements of the unique item identifier conform to the transfer structure, syntax, and coding of messages and data formats specified for Format Indicators 05, 06, and 12 in ISO/IEC International Standard 15434, Information Technology – Transfer Syntax for High Capacity Automatic Data Capture Media. (5) Unique item identifier. (i) The Contractor shall— (A) Determine whether to— (1) Serialize within the enterprise identifier; (2) Serialize within the part, lot, or batch number; or (3) Use a DoD recognized unique identification equivalent (e.g. Vehicle Identification Number); and (B) Place the data elements of the unique item identifier (enterprise identifier; serial number; DoD recognized unique identification equivalent; and for serialization within the part, lot, or batch number only: original part, lot, or batch number) on items requiring marking by paragraph (c)(1) of this clause, based on the criteria provided in MIL-STD-130, Identification Marking of U.S. Military Property, latest version; (C) Label shipments, storage containers and packages that contain uniquely identified items in accordance with the requirements of MIL-STD-129, Military Marking for Shipment and Storage, latest version; and (D) Verify that the marks on items and labels on shipments, storage containers, and packages are machine readable and conform to the applicable standards. The contractor shall use an automatic identification technology device for this verification that has been programmed to the requirements of Appendix A, MIL-STD-130, latest version. (ii) The issuing agency code— (A) Shall not be placed on the item; and (B) Shall be derived from the data qualifier for the enterprise identifier. (d) For each item that requires item unique identification under paragraph (c)(1)(i), (ii), or (iv) of this clause or when item unique identification is provided under paragraph (c)(1)(v), in addition to the information provided as part of the Material Inspection and Receiving Report specified elsewhere in this contract, the Contractor shall report at the time of delivery, as part of the Material Inspection and Receiving Report, the following information: (1) Unique item identifier. (2) Unique item identifier type. (3) Issuing agency code (if concatenated unique item identifier is used). (4) Enterprise identifier (if concatenated unique item identifier is used). (5) Original part number (if there is serialization within the original part number). (6) Lot or batch number (if there is serialization within the lot or batch number). (7) Current part number (optional and only if not the same as the original part number). (8) Current part number effective date (optional and only if current part number is used). (9) Serial number (if concatenated unique item identifier is used). (10) Government’s unit acquisition cost. (11) Unit of measure. (12) Type designation of the item as specified in the contract schedule, if any. (13) Whether the item is an item of Special Tooling or Special Test Equipment. (14) Whether the item is covered by a warranty. (e) For embedded subassemblies, components, and parts that require DoD item unique identification under paragraph (c)(1)(iii) of this clause or when item unique identification is provided under paragraph (c)(1)(v), the Contractor shall report as part of the Material Inspection and Receiving Report specified elsewhere in this contract, the following information: (1) Unique item identifier of the parent item under paragraph (c)(1) of this clause that contains the embedded subassembly, component, or part. (2) Unique item identifier of the embedded subassembly, component, or part. (3) Unique item identifier type.** (4) Issuing agency code (if concatenated unique item identifier is used).** (5) Enterprise identifier (if concatenated unique item identifier is used).** (6) Original part number (if there is serialization within the original part number).** (7) Lot or batch number (if there is serialization within the lot or batch number).** (8) Current part number (optional and only if not the same as the original part number).** (9) Current part number effective date (optional and only if current part number is used).** (10) Serial number (if concatenated unique item identifier is used).** (11) Description. ** Once per item. (f) The Contractor shall submit the information required by paragraphs (d) and (e) of this clause as follows: (1) End items shall be reported using the receiving report capability in Wide Area WorkFlow (WAWF) in accordance with the clause at 252.232-7003 . If WAWF is not required by this contract, and the contractor is not using WAWF, follow the procedures at http://dodprocurementtoolbox.com/site/uidregistry/. (2) Embedded items shall be reported by one of the following methods— (i) Use of the embedded items capability in WAWF; (ii) Direct data submission to the IUID Registry following the procedures and formats at http://dodprocurementtoolbox.com/site/uidregistry/; or (iii) Via WAWF as a deliverable attachment for exhibit line item number (fill in) ___, Unique Item Identifier Report for Embedded Items, Contract Data Requirements List, DD Form 1423. (g) Subcontracts. If the Contractor acquires by subcontract, any item(s) for which item unique identification is required in accordance with paragraph (c)(1) of this clause, the Contractor shall include this clause, including this paragraph (g), in the applicable subcontract(s), including subcontracts for commercial items. (End of clause) G-232-H005 SUPPLEMENTAL INSTRUCTIONS REGARDING INVOICING (NAVSEA) (JAN 2019) (a) For other than firm fixed priced contract line item numbers (CLINs), the Contractor agrees to segregate costs incurred under this contract/task order (TO), as applicable, at the lowest level of performance, either at the sub line item number (SLIN) or CLIN level, rather than at the total contract/TO level, and to submit invoices reflecting costs incurred at that level. Supporting documentation in Wide Area Workflow (WAWF) for invoices shall include summaries of work charged during the period covered as well as overall cumulative summaries by individual labor categories, rates, and hours (both straight time and overtime) invoiced; as well as, a cost breakdown of other direct costs (ODCs), materials, and travel, by technical instruction (TI), SLIN, or CLIN level. For other than firm fixed price subcontracts, subcontractors are also required to provide labor categories, rates, and hours (both straight time and overtime) invoiced; as well as, a cost breakdown of ODCs, materials, and travel invoiced. Supporting documentation may be encrypted before submission to the prime contractor for WAWF invoice submittal. Subcontractors may email encryption code information directly to the Contracting Officer and Contracting Officer Representative (COR). Should the subcontractor lack encryption capability, the subcontractor may also email detailed supporting cost information directly to the Contracting Officer and COR; or other method as agreed to by the Contracting Officer. (b) Contractors submitting payment requests and receiving reports to WAWF using either Electronic Data Interchange (EDI) or Secure File Transfer Protocol (SFTP) shall separately send an email notification to the COR and Contracting Officer on the same date they submit the invoice in WAWF. No payments shall be due if the contractor does not provide the COR and Contracting Officer email notification as required herein. (End of text) 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020) The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it “does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument” in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items. (a) Definitions. As used in this provision- Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to— (i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering 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...