7B--Apple Laptops and Mac Studio Computers
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 solic... 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 W912CN-23-Q-0020 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 2023-03. 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. This requirement is unrestricted 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: 2023-05-30 17:00:00.0 Eastern Time. This time supersedes the Offers Due Time listed above. FOB Destination shall be in the Special Shipping Instructions. The ACC - 413th CSB RCO Hawaii requires the following items, Brand Name Only (Exact Match), to the following: LI 001: Apple MacBook Pro 16" 16.2-inch (diagonal) Liquid Retina XDR display; 3456-by-2234 native resolution at 254 pixels per inch Processor: Apple M2 Max chip; 12-core CPU with 8 performance cores and 4 efficiency cores 38-core GPU; 16-core Neural Engine; 400GB/s memory bandwidth Ram: 96GB of Unified memory Hard Drive: 4TB SSD Storage High-fidelity six-speaker sound system with force-cancelling woofers Three Thunderbolt 4 ports HDMI port SDXC card slot (UHS-II) MagSafe 3 port 140W USB-C Power Adapter Backlit Magic Keyboard with Touch ID - US Englis Computer, display must operate within the Line Voltage range of 100V to 125V AC Height 0.66 inch (1.68 cm) Width: 14.01 inches (35.57 cm) Depth: 9.77 inches (24.81 cm) Weight: 4.8 pounds 10/100/1000BASE-T Gigabit Ethernet (RJ-45 connector) 100-watt-hour lithium-polymer battery, 14, EA; LI 002: Apple Macbook Pro 16" 16.2-inch (diagonal) Liquid Retina XDR display; 3456-by-2234 native resolution at 254 pixels per inch Processor: Apple M2 Max chip; 12-core CPU with 8 performance cores and 4 efficiency cores 38-core GPU; 16-core Neural Engine; 400GB/s memory bandwidth Ram: 96GB of Unified memory Hard Drive: 8TB SSD Storage High-fidelity six-speaker sound system with force-cancelling woofers Three Thunderbolt 4 ports HDMI port SDXC card slot (UHS-II) MagSafe 3 port 140W USB-C Power Adapter Backlit Magic Keyboard with Touch ID - US Englis Computer, display must operate within the Line Voltage range of 100V to 125V AC Height 0.66 inch (1.68 cm) Width: 14.01 inches (35.57 cm) Depth: 9.77 inches (24.81 cm) Weight: 4.8 pounds 10/100/1000BASE-T Gigabit Ethernet (RJ-45 connector) 100-watt-hour lithium-polymer battery, 2, EA; LI 003: Apple Mac Studio Computer Processor: 20-core CPU, 64-Core GPU, 32-Core Neural Engine RAM: 128GB Unified Memory Hard Drive: 8TB SSD storage 10 Gigabit Ethernet - 10/100/1000BASE-T Gigabit Ethernet (RJ-45 connector) 3.5 mm headphone jack with advanced support for high-impedance headphones Built-in speaker SDXC card slot (UHS-II) 4 Thunderbolt 4 Ports HDMI port 10GB Ethernet Port Wi-Fi- 802.11AX Wi-Fi 6 Wireless networking Bluetooth 5.0 Height: 3.7 inches (9.5 cm) Width: 7.7 inches (19.7 cm) Depth: 7.7 inches (19.7 cm) Weight: 7.9 pounds (3.6 kg), 2, EA; LI 004: Apple 27" Studio Monitor w/ height and tilt adjustable stand Display Size: 27-inch (diagonal) 5K display with IPS technology Resolution: 5120-by-2880 with support for billions of colors Brightness: 600 cd/m² Ports: One Thunderbolt 3 (input), three USB-C (USB 3.1 gen 1, 5 Gbps) Camera Type: Built-in camera – 12MP Ultra WE Speaker Configurations: High-Fidelity six-speaker system with force –canceling woofers Power: Built-in power supply Height: 18.8 in./47.9 cm Width: 24.5 in./62.3 cm Depth: 8.1 in./20.7 cm (with stand) Weight: 16.9lb./7.7 kg, 2, EA; LI 005: USB-C Portable Monitor Panel Size: Wide Screen 39.6cm (15.6") Aspect Ratio: 16:9 Brightness: 600 cd/m² True Resolution: 1920x1080 Brightness (Max): 200 cd/m2 Flicker free: Yes Auto-rotate: Yes Display Widget: Yes Convenient Hotkey Blue Light Filter I/O Ports Signal Input: USB Type-C (USB-C or USB 3.0 signal) Power Consumption: <8W Weight: 0.78kg (1.72 lbs) Dimensions (WxHxD): 359.7 x 226.4 x 8.0mm (14.16 x 8.91 x 0.31"), 16, EA; LI 006: 16-Port Thunderbolt 3 Docking Station Model : HD-G216 Ports: Upstream TB3 40Gbps, 85W PD (for TB3 host) or USB-C 10Gbps, 85W PD (for USB-C host) / Downstream TB3 40Gbps, DP1.4, 15W (for TB3 device) / Downstream USB-C, USB 2.0, 15W (for USB-C device) / DisplayPort 1.4 / USB-C 10Gbps 5V/1.5A / USB-A 10Gbps 5V/900mA x 2 / USB-A 5Gbps 5V/900mA x 3 / USB-A QC 3.0 18W / Gigabit Ethernet / MicroSD/SD 4.0 UHS-II 312MB/s / Digital Coaxial Audio / Optical Toslink Audio / 3.5mm Audio Jack / DC 180W Dimensions: 130.18 x 88.9 x 44.45mm / 5.13" x 3.5" x 1.75” Weight: 589.7 g / 20.8 oz / 1.3 lbs, 2, EA; LI 007: Dual 4K HDMI 10-in-1 USB-C Hub Model : HDM1H Ports: HDMI 4K 60Hz / HDMI 4K 30Hz / USB-C 100W Power Delivery / Gigabit Ethernet / 3.5mm Audio Combo Jack (Speaker & Microphone) / MicroSD UHS-I 104 MB/s / SD UHS-I 104 MB/s2 x USB-A 5Gbps / USB-C 5Gbps Dimensions: 125 x 67 x 17mm / 4.92 x 2.64 x 0.67” Weight: 187.1g / 6.60 oz / 0.41 lb, 16, EA; LI 008: Apple USB-C Digital AV Multiport Adapter Connections: HDMI / USB / USB-C, 18, EA; LI 009: Apple 96W USB-C Power Adapter, 16, EA; LI 010: Apple USB-C Charing Cable (2m), 16, EA; LI 011: Apple USB-C to Magsafe 3 Cable (2M) This 2-meter charge cable features a magnetic MagSafe 3 connector that helps guide the plug to the charging port of your Mac notebook., 16, EA; LI 012: Apple Power Adapter Extension Cable Apple Power Adapter Extension Cable The 1.8-meter Power Adapter Extension Cable is an AC extension lead that provides extra length for your Apple power adapter., 16, EA; LI 013: Apple Magic Mouse - White Multi-touch Surface It is wireless and rechargeable, with an optimized foot design that lets it glide smoothly across your desk. The Multi-Touch surface allows you to perform simple gestures such as swiping between web pages and scrolling through documents. USB-C to Lightning Cable Size & Weight: Height: 0.85 inch (2.16 cm) / Width: 2.25 inches (5.71 cm) / Depth: 4.47 inches (11.35 cm) / Weight: 0.22 pound (0.099 kg) Connections and Expansion: Bluetooth / Lightning port / Wireless, 18, EA; LI 014: Apple Magic Keyboard Magic Keyboard with Touch ID and Numeric Keypad for Mac models with Apple silicon - US English - White Keys ID and Numeric Keypad for Mac with Apple Silicon Size and Weight: Height: 0.16–0.43 inch (0.41–1.09 cm) / Width: 16.48 inches (41.87 cm) / Depth: 4.52 inches (11.49 cm) / Weight: 0.81 pound (0.369 kg) Connections and Expansion: Bluetooth / Lightning port / Wireless, 18, EA; LI 015: Apple Airpod Max (Black or White) Audio Technology: Apple-designed dynamic driver / Active Noise Cancellation / Transparency mode / Spatial audio with dynamic head tracking / Adaptive EQ Sensors: Optical sensor (each ear cup) / Position sensor (each ear cup) / Case-detect sensor (each ear cup) / Accelerometer (each ear cup) / Gyroscope (left ear cup) Microphones: Nine microphones total: / Eight microphones for Active Noise Cancellation / Three microphones for voice pickup (two shared with Active Noise Cancellation and one additional microphone) Chip: Apple H1 headphone chip (each ear cup) Controls: Digital Control / Noise Control Button Smart Case included: Weight 4.74 ounces (134.5 grams) Connectivity: Bluetooth 5.0 Lightning to USB-C Cable for charging Size & Weight: Height 7.37" (187.3mm) / Width 6.64" (168.6mm) / Depth 3.28" (83.4mm) / Weight 13.6 ounces (383.8 grams), 18, EA; LI 016: Apple USB SuperDrive with attached USB Type-A Connector cable Tech Specs: Height 0.67 in./17mm / Width 5.47 in./139mm / Depth 5.47 in./139mm / Weight 0.74 lb/335g Conntectoins: USB-A USB-A Cable, 18, EA; LI 017: Apple World Travel Adapter Kit The World Travel Adapter Kit includes a set of seven AC plugs with prongs that fit different electrical outlets around the world, each laser-etched with the regions they are compatible with. The kit is designed to work with iPod, iPhone, iPad, and Mac notebooks., 16, EA; LI 018: Hardshell Case for MacBook Pro 16" 2021-2023 Models with the M2 Max Chip Intelligent multi-layer protection protects against everyday bumps., 16, EA; LI 019: 16.0" Laptop Sleeve Color: Black Padded latop sleeve to fit at least 16" laptops Zippered Power Pocket stores your power adapter and other accessories Asymmetrical zipper provides easy access to your laptop Dedicated pocket in accessory compartment stores your USB drive, keeping it safeand readily accessible Sueded internal lining and durable neoprene cushion and protect your computer, 16, EA; LI 020: Screen Protector for 16" Macbook Pro Made to fit 16" 2021-2023 Apple Laptop with the M2 Max chip Anti-Glare & Anti-Fingerprint coating Removable, reusable and washable Compatible with Apple Cases, 16, EA; LI 021: Macbook Charger Organizer Compatible with USB-C Length Control: The SideWinder Mac charger case allows you to adjust the cable length from 1 foot to 12 feet while staying organized while you work from home or as a school accessory. Important: The fat three-prong Apple extension cable is required and is not included. The extension cable replaces the fold-out two-prong plug on your adapter. Please see the sizing guide in images., 16, EA; Solicitation and Buy Attachments ***Question Submission: Interested Offerers 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, ACC - 413th CSB RCO Hawaii 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. An Offeror may submit a series of pricing bids, which descend in price during the specified period of time for the aforementioned reverse auction. ACC - 413th CSB RCO Hawaii 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 Offerers 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. Offerers that are not currently registered to use https://marketplace.unisonglobal.com should proceed to https://marketplace.unisonglobal.com to complete their free registration. Offerers that require special considerations or assistance may contact Marketplace Support at 1.877.933.3243 or via email at marketplacesupport@unisonglobal.com. Offerers 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 Offerers require additional clarification, notify the point of contact or Marketplace Support at 1.877.933.3243 or marketplacesupport@unisonglobal.com.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. The offeror must comply with the following commercial item terms and conditions: FAR 52.252-1, Solicitation Provisions Incorporated by Reference; FAR 52.204-8, Annual Representation and Certification; FAR 52.212-1, Instructions to Offerors; 52.212-3, Offeror Representations and Certifications; FAR 52.211-6, Brand name or Equal, DFARS 252.212-7000, Offeror Representations and Certifications-Commercial items. The following clauses apply to this solicitation: FAR 52.212-4, Contract Terms and Conditions - Commercial Items. 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, apply: 52.204-10, Reporting Executive Compensation and First Tier Subcontract Awards; 52.219-6, Notice of Total Small Business Set-Aside; 52.219-28, Post Award Small Business Program Rerepresentation; 52.222-3, Convict Labor; 52.222-19, Child Labor—Cooperation with Authorities and Remedies; 52.222-21, Prohibition of Segregated Facilities; 52.222-26, Equal Opportunity; 52.222-36, Affirmative Action for Workers with Disabilities; 52.225-13, Restrictions on Certain Foreign Purchases; 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration. 52.233-4, Applicable Law for Breach of Contract Claim; The following DFARS clauses apply: 252.204-7004 ALT A, Required Central Contractor Registration; 252.211-7003, Item Identification and Valuation; 252.225-7002, Qualifying Country Sources as Subcontractors; 252.232-7010, Levies on Contract Payments; DFARS clause 252.212-7001, Contract Terms and Conditions Required To Implement Statutes or Executive Orders Applicable to Defense Acquisitions of Commercial Items, paragraph b apply: 252.203-7000, Requirements Relating to Compensation of Former DoD Officials; 252.225-7001, Buy American Act and Balance Of Payments Program; 252.225-7036, Buy American Act -- Free Trade Agreements -- Balance of Payments Program; 252.232-7003, Electronic Submission of Payment Requests; 252.247-7023, ALT III, Transportation of Supplies by Sea. IAW FAR 52.212-2; Evaluation - Commercial Items, the following factor shall be used to evaluate offers: Price. 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. Shipping must be Free On Board (FOB) Destination OCONUS (Outside Continental U.S.) New Equipment ONLY. NO USED OR REMANUFACTURED PRODUCTS WILL BE ACCEPTED. Submitted Bids will be valid for 45 days after the auction closing. No multiple awards will be made. Quotes received through FedBid will be evaluated and awarded on an “all-or-nothing” basis. IAW FAR 52.252-2 Clauses Incorporated by Reference, the full text of FAR and DFARS Clauses may be accessed electronically at http://farsite.hill.af.mil; and are current to the most recent revision dates posted on this site. The associated North American Industrial Classification System (NAICS) code for this procurement is 7B20 with a small business size standard of 1250 employees. The contractor must be an authorized dealer of the specified equipment to ensure warranty and maintenance support. 52.228-5000 -- REQUIRED INSURANCE - Use in solicitations and contracts if a fixed-price contract is contemplated, the contract amount is expected to exceed the simplified acquisition threshold, and the contract will require work on a Government installation, unless -- (1) Only a small amount of work is required on the Government installation (e.g., a few brief visits per month); or (2) All work on the Government installation is to be performed outside the United States and its outlying areas. (a) The Contractor shall procure and maintain during the entire period of his performance under this contract the following minimum insurance: AMOUNT TYPE PER PERSON PER ACCIDENT PROPERTY Comprehensive General Liability: $500,000 Comprehensive Automobile Liability $200,000 $500,000 $20,000 Workmen's Compensation and Liability Insurance: As prescribed or required by law, with minimum employer liability limit of $100,000 for accidental bodily injury or death, or for occupational disease.) (b) Prior to the commencement of work, the Contractor shall furnish to the Contracting Officer a certificate or written statement of the above required insurance. The policies evidencing required insurance shall contain an endorsement to the effect that cancellation or any material change in the policies adversely affecting the interests of the Government in such insurance shall not be effective for such period as may be prescribed by the laws of the State in which this contract is to be performed and in no event less than thirty (30) days after written notice thereof to the Contracting Officer. (c) The Contractor agrees to insert the substance of this clause, including this paragraph (c) in all subcontracts hereunder. (d) It is the contractor’s responsibility to insure the following changes are incorporated into their submitted Certificate of Insurance: 1. The Contract Number must appear in the body of the Certificate of Insurance. 2. The Certificate holder name shall read: Army Materiel Command Regional Contracting Office, Hawaii 413th CSB 3. The certificate shall be provided to the following address ____ Contracting Division Alpha Bldg 520, Basement, Pierce Street Fort Shafter, HI 96858-5025 FAX 808-438-6463 or 6544 ____ Contracting Division Omega Bldg 692, Basement, McCormack Road Schofield Barracks, HI 96857-5000 FAX 808-655-7350 (e) For all contractors using the ACORD form dated earlier than October 2009, the Certificate of Insurance cancellation statement shall be revised as follows: Delete the words “endeavor to” and “but failure to do so shall impose no obligation or liability of any kind upon the insurer, its agents or representatives.” The Certificate of Insurance cancellation statement shall then read: “Should any of the above described policies be cancelled before the expiration date thereof, the issuing insurer will mail 30 days written notice to the certificate holder named to the left.” 52.232-5000 -- WAWF INVOICING INSTRUCTIONS AND PAYMENT FOR SUPPLIES/SERVICES/ CONSTRUCTION Use in all solicitations and contracts. (a) Invoices for services rendered under this Contract shall be submitted electronically through Wide Area Work Flow. The vendor shall self-register at the web site https://wawf.eb.mil/. Vendor training is available on the Internet at: http://wawftraining.com/ Army Help Desk -- Normal operating hours, 0630-1800 Eastern Standard time. Army WAWF Help Desk 1-877-2-DA-WAWF or 1-877-232-9293 (b) Under this contractual document, contractor is required to submit the following type of invoice utilizing WAWF. __ Select the Invoice only within WAWF as the invoice type – Creates Stand Alone Invoice __ Select the 2-in-1 Invoice within WAWF as the invoice type. Creates two documents, an Invoice and a Receiving Report, within one data entry session. The 2-in-1 Invoice prepares the Material Inspection and Receiving Report, DD Form 250, and invoice in one document. Back up documentation (such as timesheets, etc.) can be included and attached to the invoice in WAWF. __ Select Combo --The Invoice and Receiving Report Combo enables a Vendor to create two documents from the same data entry session. The Vendor inputs contract and item data once. Two separate documents - an Invoice and a Receiving Report - are generated in the WAWF system. __ Construction – Creates a Construction Payment Invoice from a contract for construction. Both an inspection and a contracting officer must review and accept. The following information is provided for completion of the invoice in WAWF: Issuing Office DODAAC: W912CN Admin DODAAC: W912CN Inspector/Acceptor DODAAC: (See Block 15, SF 1449) LPO DODAAC: NA (only applicable if you have Navy funding) Pay DODAAC: (See Block 18, SF 1449) Receiver/Acceptor: Contract Specialist: Contracting Officer: Contract Number: (See Block 2, SF 1449) (c ) The contractor shall submit invoices for payment per contract terms. The Government shall process invoices for payment per contract terms 52.233-5000 -- AMC-LEVEL PROTEST PROGRAM Use in all solicitations. (a) If you have complaints about this procurement, it is preferable that you first attempt to resolve those concerns with the responsible Contracting Officer. However, you can also protest to Headquarters, AMC. (b) The HQ, AMC-Level Protest Program is intended to encourage interested parties to seek resolution of their concerns within AMC as an Alternative Dispute Resolution forum, rather than filing a protest with the Government Accountability Office or other external forum. Contract award or performance is suspended during the protest to the same extent, and within the same time periods, as if filed at the GAO. (c) The AMC protest decision goal is to resolve protests within 20 working days from filing. To be timely, protests must be filed within the periods specified in FAR 33.103. Send protests (other than protests to the Contracting Officer) to: Headquarters U.S. Army Materiel Command Office of Command Counsel 4400 Martin Road Rm: A6SE040.001 Redstone Arsenal, AL 35898-5000 Fax: (256)450-8840 (d) The AMC-level protest procedures are found at: http://www.amc.army.mil/amc/commandcounsel.html. If Internet access is not available, contact the Contracting Officer or HQ, AMC, to obtain the AMC-Level Protest Procedures. 52.239-5000 -- SECTION 508 OF THE REHABILITATION ACT COMPLIANCE. Use in all solicitations and contract for electronic and information technology. (a) All products provided under this contract vehicle must meet the applicable accessibility standards at 36 CFR Part 1194 as required by FAR Case 1999-607. (b) General information regarding the Section 508 Act can be found at the web site www.section508.gov. 52.245-5000 -- CONTRACTOR LIABILITY FOR PROPERTY Use in all solicitations and contract involving contractor property on a military installation. (a) Unless otherwise specified, the Government assumes no liability, and hereby disclaims liability for damages to or losses of, Contractor-owned or furnished property which, pursuant to the terms of his contract, is placed on a U.S. Government installation or other real property under the control of the United States Government, whether by lease, license, permit, or otherwise, except for loss or damage caused by the negligence or wrongful act or omission of a military person or civilian employee or the Department of Defense while acting within the scope of this employment under circumstances in which the United States if a private person, would be liable to the Contractor in accordance with the law of the place where the act or omission occurred. (b) Any claim of the Contractor falling within the purview of the exception, should be submitted, pursuant to the Federal Tort Claims Act, to the 413th Contracting Support Brigade, Regional Contacting Office- Hawaii, Fort Shafter, Hawaii 96858-5025. 252.209-7999 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (DEVIATION 2012-O0004) (JAN 2012) (a) In accordance with sections 8124 and 8125 of Division A of the Consolidated Appropriations Act, 2012,(Pub. L. 112-74) none of the funds made available by that Act may be used to enter into a contract with any corporation that — (1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government. (2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government. (b) The Offeror represents that— (1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, (2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3. (a) Definitions. As used in this provision— Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to— (i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to— (i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles. (c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services". (d) Representation. The Offeror represents that— (1) It ? will, ? will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and (2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that— It ? does, ? does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section. (e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer: (i) For covered equipment— (A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known); (B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and (C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision. (ii) For covered services— (A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or (B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision. (2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer: (i) For covered equipment— (A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known); (B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and (C) Explanation of the proposed use of covered telecommunications equipment and any 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...
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