Inactive Total Small Business Set-Aside (FAR 19.5)

Notice for Filing Agency Protests United States Coast Guard Ombudsman Program It is the policy of the United States Coast Guard (USCG) to issue solicitations and make contract awards in a fair and tim... Notice for Filing Agency Protests United States Coast Guard Ombudsman Program It is the policy of the United States Coast Guard (USCG) to issue solicitations and make contract awards in a fair and timely manner. The Ombudsman Program for Agency Protests (OPAP) was established to investigate agency protest issues and resolve them without expensive and time- consuming litigation. OPAP is an independent reviewing authority that is empowered to grant a prevailing protester essentially the same relief as the Government Accountability Office (GAO). Interested parties are encouraged to seek resolution of their concerns within the USCG as an Alternative Dispute Resolution (ADR) forum rather than filing a protest with the GAO or some external forum. Interested parties may seek resolution of their concerns informally or opt to file a formal agency protest with the Contracting Officer or Ombudsman. Informal Forum with the Ombudsman. Interested parties who believe a specific USCG procurement is unfair or otherwise defective should first direct their concerns to the applicable Contracting Officer. If the Contracting Officer is unable to satisfy their concerns, interested parties are encouraged to contact the U.S. Coast Guard Ombudsman for Agency Protests. Under this informal process the agency is not required to suspend contract award performance. Use of an informal forum does not suspend any time requirement for filing a protest with the agency or other forum. In order to ensure a timely response, interested parties should provide the following information to the Ombudsman: solicitation/contract number, contracting office, Contracting Officer, and solicitation closing date (if applicable). Formal Agency Protest with the Ombudsman. Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the Contracting Officer through open and frank discussions. If the protester’s concerns are unresolved, an Independent Review is available by the Ombudsman. The protester may file a formal agency protest to either the Contracting Officer or as an alternative to that, the Ombudsman under the OPAP program. Contract award or performance will be suspended during the protest period unless contract award or performance is justified, in writing, for urgent and compelling reasons or is determined in writing to be in the best interest of the Government. The agency’s goal is to resolve protests in less than 35 calendar days from the date of filing. Protests shall include the information set forth in FAR 33.103(d) (2). If the protester fails to submit the required information, resolution of the protest may be delayed or the protest may be dismissed. To be timely protests must be filed within the period specified in FAR 33.103(e). Formal protests filed under the OPAP program should be submitted electronically to OPAP@uscg.mil and the Contracting Officer or by hand delivery to the Contracting Officer. Election of Forum. After an interested party protests a Coast Guard procurement to the Contracting Officer or the Ombudsman, and while the protest is pending, the protester agrees not to file a protest with the GAO or other external forum. If the protest is filed with an external forum, the agency protest will be dismissed. The Ombudsman Hotline telephone number is 202.372.3695. Commanding Officer USCG Surface Forces Logistics Center (CPD-C&P1-PBPL) 2401 Hawkins Point Road, Bldg. 31 LL Baltimore, MD 21226 Request for Quotes 70Z08021Q17001B00 I. 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. This announcement constitutes the only solicitation. A quote is being requested and a written solicitation will not be issued. This requirement will be satisfied using FAR Subpart 13.5, Simplified Procedures for Certain Commercial Items. II. The solicitation number is 70Z08021Q17001B00. The solicitation is being issued as a request for quotation (RFQ). III. The incorporated clauses and provisions are those in effect through Federal Acquisition Circular (FAC) 2021-03. IV. The North American Industry Classification System (NAICS) Code for this contract is 333618, with a small business size standard of 1500 employees. V. A list of the contract line item numbers (CLINS), items, quantities, and units of measure to be acquired for the contract can be found in the CLIN & PRICING List - Attachment 1. VI. Description of the Requirement: The U.S. Coast Guard Surface Forces Logistics Center intends on awarding an indefinite delivery requirements contract with firm fixed price delivery orders for one (1) base year and four (4), one (1) year ordering periods for the manufacture of Exhaust Lagging and Wraps for fit onboard U.S. Coast Guard 87’ & 110’ Patrol Boat Cutters in various quantities. Technical Drawings are not available upon request. There is no brand name associated with these items: NSN Description 2990-01-F11-2236 87 WPB Complete Exhaust Lagging Kit 2990-01-F11-2230 MDE STBD Side Exhaust Inconel Shields Kit 2990-01-F11-2231 MDE Port Side Exhaust Inconel Shields Kit 2290-01-F11-2232 MDE STBD Side Turbo Exhaust Inconel Shield and Lagging Kit 2990-01-F11-2233 MDE Port Side Turbo Exhaust Inconel Shield and Lagging Kit 2990-01-F11-2234 MDE STBD Side Exhaust Secondary Lagging Kit 2990-01-F11-2235 MDE Port Side Exhaust Secondary Lagging Kit 2990-01-F11-2228 SSDG STBD Side Exhaust Lagging Kit 2990-01-F11-2229 SSDG Port Side Exhaust Lagging Kit 2990-01-599-6743 110 Paxman Kit (Port and Stbd Engine)(Base Year) 2990-01-599-5238 Generator Port Kit (Base Year) 2990-01-599-5246 Generator STBD Kit (Base Year) 2990-01-599-6758 Exhaust Lagging Piece (Base Year) 2990-01-599-6865 Exhaust Lagging Piece (Base Year) Contract Type: The USCG, Surface Forces Logistics Center (SFLC) intends to award a firm fixed price, indefinite delivery requirements contract with firm fixed price delivery orders. Place of Performance: Contractor’s Facility. VII. Delivery: FAR 52.211-8 Time of Delivery (June 1997) The Government requires delivery to be made according to the following schedule: The Contractor will be required to ship units within 50 DAYS AFTER DATE OF DELIVERY ORDER for the Base Year and Order Periods 1-4. The Government will evaluate equally, as regards time of delivery, offers that propose delivery of each quantity within the applicable delivery period specified above. Offers that propose delivery that will not clearly fall within the applicable required delivery period specified above, will be considered nonresponsive and rejected. The Government reserves the right to award under either the required delivery schedule or the proposed delivery schedule, when an offeror offers an earlier delivery schedule than required above. If the offeror proposes no other delivery schedule, the required delivery schedule above will apply. (b) Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed, or otherwise furnished to the successful offeror, results in a binding contract. The Government will mail or otherwise furnish to the offeror an award or notice of award not later than the day award is dated. Therefore, the offeror should compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails. However, the Government will evaluate an offer that proposes delivery based on the Contractor’s date of receipt of the contract or notice of award by adding (1) five calendar days for delivery of the award through the ordinary mails, or (2) one working day if the solicitation states that the contract or notice of award will be transmitted electronically. (The term “working day” excludes weekends and U.S. Federal holidays.) If, as so computed, the offered delivery date is later than the required delivery date, the offer will be considered nonresponsive and rejected. (End of clause) Place of Delivery – DESTINATION: All SSDG’s shall be delivered to the following address: U.S. Coast Guard Surface Forces Logistics Center Receiving Room BLDG 88 2401 Hawkins Point Road Baltimore, MD 21226-5000 M/F: Contract Number: {To be furnished at the time of award} Task Order Number: {To be furnished with each individual order} The Government reserves the right to request Direct Delivery. Each individual delivery order will identify the delivery destination. VIII. FAR 52.212-1, INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (JAN 2017) APPLIES TO THIS ACQUISITION AND IS INCORPORATED BY REFERENCE. (ADDENDUM) Submit an electronic copy of signed and dated quote to Jennifer Lucas and William Zittle at Jennifer.B.Lucas@uscg.mil and William.R.Zittle@uscg.mil no later than 29 June 2021 by 4:00 PM EDT. Submission shall include 70Z08021Q17001B00 in the subject line of the email. These submission instructions will also apply to any future correspondence, as applicable, in response to this solicitation. Quoter must be registered and active in the System for Award Management (SAM), website location https://www.bets.SAM.gov, at time of submittal. Firms not actively registered in SAM may not be considered. The data submission must include sufficient detail to allow the Coast Guard to evaluate the quotation relative to the requirements. As a minimum, offers must show: The solicitation number 70Z08021Q17001B00 The Company Name, DUNS Number, Solicitation Number, Address and Point of Contact Name, Telephone Number and E-mail Address; At least two (2) relevant past performance references/contract numbers completed within the last three (3) years. References must be relevant to the scope of work to be performed under the contract resulting from this solicitation. Warranty Information: Quotations must include details of the quoter’s manufacturer's warranty services and warranty support plan. Quotation must document the length of warranty support including number of operational hours and or calendar days which the item will be warranted free of defects. At a minimum quoter’s will provide a single point of contact for warranty claims. Claims may be made from 0800 to 1630 EST, Monday through Friday. Provide prices for all line items/CLINS (Attachment 1) for the base and all option periods. Enter pricing and provide an affirmative statement that supplies will be shipped F.O.B. Destination (meaning the cost of shipping is included in the cost of the overhaul) in accordance with the required individual packaging, marking and bar-coding requirements. The price shall represent the best price in response to the request for quote. All prices on CLINs shall be a firm fixed-price. The total of all CLINS shall be added together to arrive at an aggregate total. Quote submitted in response to this solicitation shall stand firm for 120 calendar days from the date specified in this solicitation for receipt of quote. A statement of conformance with the required delivery schedule to ship units within 50 DAYS AFTER DATE OF DELIVERY ORDER for the Base Year and Order Periods 1-4 OR a PROPOSED DELIVERY SCHEDULE. Specific Instructions: The quotes shall be submitted electronically to include the following items: 1. Delivery Schedule – Please provide a statement of conformance with the required delivery schedule of 50 days from date of delivery order OR a Proposed Delivery Schedule. 2. Warranty Information – Standard Manufacturer’s Warranty and warranty resolution plan – 1 page maximum 3. Technical Capabilities Statement – demonstrating capability to manufacture these items -3 page maximum 4. Past Performance – 3 page maximum 5. Price – Please enter pricing data to Attachment 1, Contractor Pricing and CLIN -Questions are due via email no later than June 24, 2021 by 4:00 PM Eastern Standard Time to email address William.R.Zittle@uscg.mil and Jennifer.B.Lucas@uscg.mil. After this date further request may not be accepted due to time constraints. Keep in mind that any questions that are important, such as those that create needed changes to the specification, will still be addressed regardless of the time it was received. A determination will be made as to whether the change dictates an extension to the solicitation closing date and deadline for questions. All answers to questions will be provided in SF 30 Amendments to the RFQ and will be furnished to all prospective quoters. Receipt of all amendments must be acknowledged by signing each amendment and providing them with the quote by the RFQ due date/time. -Quotes are due no later than June 29, 2021 by 4:00 PM Eastern Standard Time to William.R.Zittle@uscg.mil and Jennifer.B.Lucas@uscg.mil. -All submissions shall include 70Z08021Q17001B00 in the subject line of the email. All quoters submitting quotations must be registered and active in SAM. https://www.bets.SAM.gov at time of submittal. If you are not actively registered in SAM, your quotation will not be considered. Late submissions will not be accepted. FAR 52.212-3 OFFERER REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL ITEMS (OCT 2018) Alternate I of 52.212-3 (Oct 2014) The contractor shall complete only paragraph (b) of this provision if the contractor has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the contractor has not completed the annual representations and certifications electronically, the contractor shall complete only paragraphs (c) through (u)) of this provision. (End of Provision) PLEASE NOTE: QUOTES THAT DO NO INCLUDE ALL REQUIRED DOCUMENTS MAY BE CONSIDERED INCOMPLETE AND MAY NOT BE FURTHER EVALUATED. IX. EVALUATION CRITERIA The provision at Federal Acquisition Regulation (FAR) 52.212-2 Evaluation of Commercial Items is not applicable to this solicitation. In lieu of this provision, quotes will be evaluated in accordance with FAR 13.106-2 based on the criteria listed below. The Government will award a contract resulting from this solicitation to the responsible offeror whose quotation conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate quotations: • Delivery Schedule/Proposed Delivery Schedule • Warranty Information • Technical Capabilities Statement • Past Performance • Price Basis for Award: Award will be “based on whether the lowest priced of the quotations or offers having the highest past performance rating possible represents the best value when compared to any lower priced quotation or offer,” in accordance with FAR 13.106-2(b)(4)(ii). FACTOR #1 DELIVERY SCHEDULE- Offeror shall provide statement of conformance with the required delivery schedule of 50 days from date of delivery order. FACTOR #2 WARRANTY INFORMATION- Offeror shall provide Standard Manufacturer’s Warranty and warranty resolution plan – 1 page maximum FACTOR #3: TECHNICAL ACCEPTABILITY The Exhaust Lagging components provided must meet the same requirements for form, fit and function as the materials currently installed on the 87’ & 110’ Patrol Boat Cutters, as manufactured by Advanced Thermal Products, Inc. FACTOR #4 PAST PERFORMANCE Offerors shall furnish the information listed below for at least two (2) relevant past performance references completed within the last three (3) years that are relevant to this requirement (i.e., the same or similar requirement) and are held with government (federal, state, local), private or commercial entities. Note: The Government may use past performance information obtained from any source to evaluate past performance. All information obtained will be used to determine the offeror’s ability to perform the contract successfully. The Contracting Officer will evaluate the quality of past performance and perform a responsibility determination. The assessment of past performance will be used to evaluate the relative capability to successfully meet the requirements in the specification. Each offerors past performance shall be evaluated according to the following factors: Quality of Product or Service Schedule Business Relations Management of Key Personnel In evaluating offerors past performance, the government intends to review Contractor Performance Assessment Reports and other existing past performance rating on relevant contracts. General trends in an offerors performance will also be considered. References other than those provided by the Offeror may be contacted by the Government to obtain additional information that will be used in the evaluation of the offeror’s past performance such as government databases and internal organization. Offerors lacking relevant past performance history will receive a Neutral Rating for past performance. The offeror will be evaluated neither favorably nor unfavorably on past performance. Relevant Past Performance history will be rated higher than Neutral past performance. FACTOR #5: PRICE The price shall be evaluated to determine fairness and reasonableness. The Government intends to evaluate quotations and award a contract on initial quotes. Therefore, the initial quotation should contain the best terms from a price standpoint and all other factors being considered. The Government reserves the right to seek information clarifying any element of a quotation prior to award. X. FAR 52.212-4, CONTRACT TERMS AND CONDITIONS-COMMERICIAL ITEMS (JAN 2017) APPLIES TO THIS ACQUISITION AND IS INCORPORATED BY REFERENCE. (ADDENDUM) XI. FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS- COMMERICIAL ITEMS (JAN 2021) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91). (3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) (4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (5) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note). X (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note). X (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313). X (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). X (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126). X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). X (28) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246). X (29) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). X (30) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). X (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212). X (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). X (33) (i) 52.222-50, Combating Trafficking in Persons (JAN 2019) X (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513). X (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). X (55) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Oct 2018) (31 U.S.C. 3332). X (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(12)). Alternate I (Feb 2000). As prescribed in 12.301(b)(4)(i), delete paragraph (d) from the basic clause, redesignate paragraph (e) as paragraph (d), and revise the reference to “paragraphs (a), (b), (c), or (d) of this clause” in the redesignated paragraph (d) to read “paragraphs (a), (b), and (c) of this clause”.. Alternate II (Jan 2019). As prescribed in 12.301(b)(4)(ii), substitute the following paragraphs (d)(1) and (e)(1) for paragraphs (d)(1) and (e)(1) of the basic clause as follows: (d)(1) The Comptroller General of the United States, an appropriate Inspector General appointed under section 3 or 8 G of the Inspector General Act of 1978 (5 U.S.C. App.), or an authorized representative of either of the foregoing officials shall have access to and right to— (i) Examine any of the Contractor’s or any subcontractors’ records that pertain to, and involve transactions relating to, this contract; and (ii) Interview any officer or employee regarding such transactions. (e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), and (c), of this clause, the Contractor is not required to flow down any FAR clause in a subcontract for commercial items, other than- (i) Paragraph (d) of this clause. This paragraph flows down to all subcontracts, except the authority of the Inspector General under paragraph (d)(1)(ii) does not flow down; and (ii) Those clauses listed in this paragraph (e)(1). Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (A) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509). (B) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (C) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91). (D) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (E) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (F) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246). (G) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). (H) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul2014) (29 U.S.C. 793). (I) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (J) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C.chapter 67). (K) ___(1) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O 13627). ___(2) Alternate I (Mar2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627). (L) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C.chapter 67). (M) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May2014) (41 U.S.C.chapter 67). (N) 52.222-54, Employment Eligibility Verification (Oct 2015) (Executive Order 12989). (O) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). (P) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706). (Q)(1) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a). (2) Alternate I (Jan 2017) of 52.224-3. (R) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (S) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (T) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (End of Clause) FAR 52.204-24 – REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVIELLANCE SERVICES OR EQUIPMENT (OCT 2020) Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Oct 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 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 ...