SOLICITATION NOTICE
Z -- Mosquito Control Application
- Notice Date
- 7/28/2021 1:58:17 PM
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 561710
— Exterminating and Pest Control Services
- Contracting Office
- DEPT OF COMMERCE NOAA KANSAS CITY MO 64106 USA
- ZIP Code
- 64106
- Solicitation Number
- 1333MD21QNEEB0027
- Response Due
- 8/6/2021 12:00:00 PM
- Archive Date
- 08/21/2021
- Point of Contact
- Donna L Cohee, Phone: 7578247371, Donna L Cohee, Phone: 7578247371
- E-Mail Address
-
donna.l.cohee@noaa.gov, donna.l.cohee@noaa.gov
(donna.l.cohee@noaa.gov, donna.l.cohee@noaa.gov)
- Small Business Set-Aside
- SBA Total Small Business Set-Aside (FAR 19.5)
- Description
- The Department of Commerce/National Oceanic and Atmospheric Administration/National Environmental Satellite Data and Information Service (DOC/NOAA/NESDIS/WCDAS), intends to award a Purchase Order pursuant to Simplified Acquisition Procedures under the authority of FAR Part 13.� The requirement is for procurement of pest control service located at the Wallops CDA Station in Wallops Island, Virginia. ��� This is a combined synopsis/solicitation for commercial items prepared in accordance with the format at FAR Subpart 12.6., as supplemented with additional information included in this notice, and it being conducted pursuant to Acquisition Circular 2005-99 effective June 15, 2018 Part Subpart 12.6 and FAR Part 13.� The Request for Quote (RFQ) number is 1333MD21QNEEB0027. The acquisition is being sought as a small business set-aside for this requirement.� The intended procurement will be classified under North American Industry Classification System (NAICS) 561710�� Size Standard� $12.0. THIS ANNOUNCEMENT CONSTITUTES THE ONLY SOLICITATION; QUOTES ARE BEING REQUESTED AND A WRITTEN SOLICITATION WILL NOT BE ISSUED. 1- ��Introduction/Background The Wallops Command and Data Acquisition Station (WCDAS) located in Wallops Island, Virginia, has a requirement for pest control service to spray mosquitos through the station driveways and around antennas, shelters and operation buildings.� The service is to protect the employees from disease and reduce the increase of mosquito growth located at WCDAS, 35663 Chincoteague Road, Wallops Island, Virginia� 23337. The NOAA WCDAS spray to keep the growth of mosquitos from multiplying and health and safety of the employees working outside on antennas and moving from building to building and vehicles.� NOAA WCDAS will maintain a record of visits and the service will be on request only.� 2- ��Scope of Work ����� All labor, materials, and application equipment for this requirement shall be provided by the�contractor.� Any work related to the tasks described herein shall be coordinated with Facility�Management personnel and any deviation shall be made with the concurrence of both the�contractor and the Government.��The contractor must be a State of Virginia licensed pesticide applicator and be Certified as a Category 8 Public Health and Safety Commercial Applicator for Hire. ����� Site Visit can be arranged on a set date, if required. ����� Monthly Invoices by grouped visits per month. 3-��� Requirements The contractor shall be responsible for the tasks described below:��� � ������ The treatments shall be applied using Vehicle Mounted ULV (Ultra Low Velocity Fog) ������ These treatments shall be applied around all paved roads from the guard gate and around each�antennae base and out to the�� � � � ��second gate near Route 175. � � � � The treatment shall be conducted using an Adulticide designed to target adult flying mosquitos. ������ The treatment ULV Fogger shall be calibrated for application of treatment at 10 mph to provide�a treatment area of 300 feet� � � � � � � wide or 150 feet on each side of the vehicle.�Treatments shall be�conducted on an as needed basis at the discretion of the�� � � � � � � Government. ������ All treatments shall be applied in accordance with the federal pesticide label and conducted�between sunset and sunrise to� � � � � � � �reduce the possibility of the presence of pollinators during�treatment times and also to target the largest group of adult flying� � � � � � �mosquitos at or near dusk. Solicitation CLINs and Descriptions: 0001� -�� Base Year � Mosquito Control Application Spraying Service using an approved UTV as described in this Statement of Work.��� Allowed 30 Visits per year -�� Cost per Visit: ______________ 0002� -�� Option 1 Year � Mosquito Control Application Spraying Service using an approved UTV as described in this Statement of Work.�� Allowed 30 Visit per year-� �Cost per Visit: ____________ 0003� -�� Option 2 Year � Mosquito Control Application Spraying Service using an approved UTV as�described in this Statement of Work.��� Allowed 30 Visits- ��Cost per Visit: _______________ � The Service Contract Act applied using Wage Determination 2015-4327 Revision 15 Dated 4/15/2021.� 3-� Period of Performance NOAA Wallops CDA Station is a period of one year from date of award. 4- Evaluation of Offer(s) Each quote will be evaluated on an individual basis in accordance with the evaluation criteria outlined below in this document.� Award will be made to the Contractor that offers the Lowest Price Technical Acceptable to the Government.� Quotes will be evaluated based on the factors set below.� �� ������ Non-Price Factors: �Technical Qualifications:� Contractors are required to provide State of Virginia License for Pesticide Applicator, Certification of Category 8 Public Health and Safety Commercial Applicator and Proof of Workman;s Compensation and Liability Insurance.� �Technical Equipment:� Contractor must provide equipment specification that meet the outlined�specification as stated above.� Documents such as manufacturer specifications of ULV and�proof of calibration of ULV fogger to be included in offer.�� 5-�� Security Requirements WCDAS, NOAA and DOC Safety, Security and Environmental Policies The contractor shall comply with all Station, NOAA, and DOC Safety, Security, and Environmental policies as provided by Facilities Supervisor or as otherwise required by law, rule, or regulation. The WCDAS Facilities Supervisor shall be given advanced notice of all persons planning to visit the Station while engaged in work under this statement of work (SOW).� The notice shall be in the form of a request for access and shall include the first, middle, and last name of the visitor(s), the visitor�s employer, and the visitor�s citizenship.� All workers must be legal US residents.� These names, if approved, will be placed on the Station�s approved visitors access list for the period of time required to perform the work under this contract.��� The contractor and his/her employees shall read and understand the Station�s Visitors Policy. The contractor shall comply with all Station, NOAA, and DOC Safety, Security, and Environmental policies as provided by Facilities Supervisor or as otherwise required by law, rule, or regulation. The WCDAS Facilities Supervisor shall be given advanced notice of all persons planning to visit the Station while engaged in work under this statement of work (SOW). The contractor shall provide for the safety and health of their employees and provide all necessary personal protective equipment.� Physical security requirements for Wallops site access will be met to accommodate contract personnel as escorted visitors in accordance to CAR 1352.237-71 Security Processing Requirements � Low Risk contracts.�� Any access by contract personnel who are Foreign Nationals shall be in accordance with the requirements of CAR 1352.237-73, Foreign National Visitor and Guest Access to Departmental Resources (APR 2010).� The Information Technology (IT) Security Certification and Accreditation Requirements of Commerce Acquisition Regulations (CAR) 1352.239-73, clause 73, do not apply, and an IT Security Accreditation Package is not required. Clauses and Provisions Applicable to this Solicitation and Award: AA16-05 NOAA Acquisition and Grants Office OMBUDSMAN (BR) AA18-02NOAA� Requests for Equitable Adjustment� (BR) 1330-52.222-70� NOAA Sexual Assault and Sexual Harassment Prevention and Response Policy� (may 2018) Commerce Acquisition Regulation (CAR) clauses: CAR 1352.201-70� Contracting Officer�s Authority (APR 2010) CAR 1352.209-73� Compliance with the Laws (APR 2010) CAR 1352.209-74� Organizational Conflict of Interest (APR 2010)� Commerce Acquisition Regulation (CAR) provisions: CAR 1352.233-70� Agency Protests� (APR 2010) {Fill-In paragraph �b�: Department of Commerce, NOAA, NESDIS, Field Delegate 35663 Chincoteague Road, Wallops Island, VA 23337;� fill-in paragraph �c�: U.S. Department of Commerce, Senior Procurement Executive, 1401 Constitution Avenue NW Suite 6422, Washington DC 20230} CAR 1352.233-71 �GAO and Court of Federal Claims Protest CAR 1352.237-71� Security Processing Requirements�Low Risk Contracts The following FAR Provisions and Clauses are incorporated by reference: 52.232-40, Providing Accelerated Payments to Small Business Contractors. 52.212-1,� Instructions to Offerors (OCT 2015) 52.212-3,� Offeror Representations and Certifications- Commercial Items (APR 2016) 52.212-4,� Contract Terms and Conditions- Commercial Items (MAY 2015) 52.212-5,� Contract Terms and Conditions Required To Implement Statutes or Executive Orders- Commercial Items (MAR 2018) applies to this (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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015). (3) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)). 52.219-28, POST Award Small Business Program Representation (Jul 2013) (15 U.S.C. 632(a)(2)). 52.222-3, Convict Labor (June 2003) (E.O. 11755). 52.222-19, Child Labor�Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126). 52.222-21, Prohibition of Segregated Facilities (Apr 2015). 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246). 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627). 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513). 52.225-1, Buy American�Supplies (May 2014) (41 U.S.C. chapter 83). 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008)(E.O.�s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). 52.232-33, Payment by Electronic Funds Transfer�System for Award Management (Jul 2013)(31 U.S.C. 3332). 52.222-41� Service Contract Labor Standards� (Aug 2018)�� www.beta.sam.gov 52.222-42� Statement of Equivalent Rates for Federal Hires� (May 2014)� Pest Controller, $28.91/HR� WG10 52.203-18 Prohibition On Contracting with Entities That Require Certain Internal Confidentiality Agreements or Statements�Representation� (Jan 2017) 52.203-19� Prohibition On Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) 52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2021) 52.237-1� Site Visit� (Apr 1984) 52.237-2� Protection of Government Buildings, Equipment, and vegetation� (Apr 1984) The following Far clauses are provided in full text: 52.252-2, Clauses Incorporated By Reference (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text.� Upon request, the Contracting Officer will make their full text available.� Also, the full text of a clause may be accessed electronically at this address:� https://www.acquisition.gov/?q=browsefar 52.252-6, Authorized Deviations in Clauses (Apr 1984) (a)� The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of �(DEVIATION)� after the date of the clause. (b)� The use in this solicitation or contract of any Commerce Acquisition Regulation (48 CFR Chapter 1352) clause with an authorized deviation is indicated by the addition of �(DEVIATION)� after the name of the regulation. 52.252-1, Solicitation Provisions Incorporated by Reference (Feb 1998) This solicitation incorporates one or more solicitation provisions by references, with the same force and effect as if they were given in full text.� Upon request, the Contracting Officer will make their full text available.� The offeror is cautioned that the listed provision may include blocks that must be completed by the offeror and submitted with its quotation and offeror.� In lieu of submitting text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer.� Also, the full text of a solicitation provision may be accessed electronically at this address:� https://www.acquisition.gov/?q=browsefar� 52.252-5, Authorized Deviations in Provisions (Apr 1984) (a)� The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of �(DEVIATION)� after the date of the provision. (b)� The use in this solicitation or contract of any Commerce Acquisition Regulation (48 CFR Chapter 1352) provision with an authorized deviation is indicated by the addition of �(DEVIATION)� after the name of the regulation. 52.212-2, Evaluation�Commercial Items (Oct 2014) (a)� The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered.� The following factors shall be used to evaluate offers: (1) The offerors capability to successfully perform the contract. (2) Price. (b) �Options�� The Government will evaluate offers for award purposes by adding the total price for all options to the unacceptable if the option prices are significantly unbalanced.. Evaluation of options shall not obligate the Government to exercise the option(s). (c)� A written notice of award or acceptance of an offer, shall result in a binding contract without further action by either party.� Before the offer�s specified expiration time, the Government may accept and offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdraw is received before award. (End of Provision) 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) �The Government may require continued performance of any services within the limits and at the rates�specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than�once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting�Officer may exercise the option by written notice to the Contractor within 60 days of the end of�year performance. �(End of Clause) 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) �(a) The Government may extend the term of this contract by written notice to the Contractor within�30 days of end of contract provided that the Government gives the Contractor a preliminary written�notice of its intent to extend at least 60 days days before the contract expires. The preliminary�notice does not commit the Government to an extension.��(b) If the Government exercises this option, the extended contract shall be considered to include�this option clause.��(c) The total duration of this contract, including the exercise of any options under this clause,�shall not exceed 3 Years and 6 months of contract performance. �(End of Clause) 52.204-24, 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) Representations. The Offeror represents that-- �(1) It [ ] will, [ ] will not provide covered telecommunications equipment or services to the�Government in the performance of any contract, subcontract or other contractual instrument resulting�from this solicitation. The Offeror shall provide the additional disclosure information required at�paragraph (e)(1) of this section if the Offeror responds ""will"" in paragraph (d)(1) of this section;�and��(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror�represents that-- �It [ ] does, [ ] does not use covered telecommunications equipment or services, or use any�equipment, system, or service that uses covered telecommunications equipment or services. The Offeror�shall provide the additional disclosure information required at paragraph (e)(2) of this section if�the Offeror responds ""does"" in paragraph (d)(2) of this section.�(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the�Offeror has responded ""will"" in the representation in paragraph (d)(1) of this provision, the Offeror�shall provide the following information as part of the offer: �(i) For covered equipment-- �(A) The entity that produced the covered telecommunications equipment (include entity name,�unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer�(OEM) or a distributor, if known); �(B) A description of all covered telecommunications equipment offered (include brand; model�number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and �(C) Explanation of the proposed use of covered telecommunications equipment and any factors�relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of�this provision. �(ii) For covered services-- �(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or �(B) If not associated with maintenance, the Product Service Code (PSC) of the service being�provided; and explanation of the proposed use of covered telecommunications services and any factors�relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of�this provision. �(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror�has responded ""does"" in the representation in paragraph (d)(2) of this provision, the Offeror shall�provide the following information as part of the offer: �(i) For covered equipment-- �(A) The entity that produced the covered telecommunications equipment (include entity name,�unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);� (B) A description of all covered telecommunications equipment offered (include brand; model�number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and �(C) Explanation of the proposed use of covered telecommunications equipment and any factors�relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of�this provision. (ii) For covered services-- �(A) If the service is related to item maintenance: A description of all covered�telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); �or �(B) If not associated with maintenance, the PSC of the service being provided; and explanation�of the proposed use of covered telecommunications services and any factors relevant to determining if�such use would be permissible under the prohibition in paragraph (b)(2) of this provision. �(End Of Provision) 52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020) �(a) Definitions. As used in this clause-- Backhaul means intermediate links between the core network, or backbone network, and the small�subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone�network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable,�Ethernet). �Covered foreign country means The People's Republic of China. �Covered telecommunications equipment or services means-- �(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or�any subsidiary or affiliate of such entities); �(2) For the purpose of public safety, security of Government facilities, physical security�surveillance of critical infrastructure, and other national security purposes, video surveillance�and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision�Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such�entities); �(3) Telecommunications or video surveillance services provided by such entities or using such�equipment; or �(4) Telecommunications or video surveillance equipment or services produced or provided by an�entity that the Secretary of Defense, in consultation with the Director of National Intelligence or�the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or�controlled by, or otherwise connected to, the government of a covered foreign country. �Critical technology means-- �(1) Defense articles or defense services included on the United States Munitions List set forth�in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of�Federal Regulations; �(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of�the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal�Regulations, and controlled-- �(i) Pursuant to multilateral regimes, including for reasons relating to national security,�chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or�(ii) For reasons relating to regional stability or surreptitious listening;�(3) Specially designed and prepared nuclear equipment, parts and components, materials,�software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to�assistance to foreign atomic energy activities);�(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal�Regulations (relating to export and import of nuclear equipment and material);�(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part�121 of title 9 of such Code, or part 73 of title 42 of such Code; or�(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export�Control Reform Act of 2018 (50 U.S.C. 4817).�Interconnection arrangements means arrangements governing the physical connection of two or more�networks to allow the use of another's network to hand off traffic where it is ultimately delivered�(e.g., connection of a customer of telephone provider A to a customer of telephone company B) or�sharing data and other information resources.�Reasonable inquiry means an inquiry designed to uncover any information in the entity's�possession about the identity of the producer or provider of covered telecommunications equipment or�services used by the entity that excludes the need to include an internal or third-party audit.�Roaming means cellular communications services (e.g., voice, video, data) received from a�visited network when unable to connect to the facilities of the home network either because signal�coverage is too weak or because traffic is too high.�Substantial or essential component means any component necessary for the proper function or�performance of a piece of equipment, system, or service.�(b) Prohibition.�(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal�Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019,�from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment,�system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor�is prohibited from providing to the Government any equipment, system, or service that uses covered�telecommunications equipment or services as a substantial or essential component of any system, or�as critical technology as part of any system, unless an exception at paragraph (c) of this clause�applies or the covered telecommunication equipment or services are covered by a waiver described in�FAR 4.2104.�(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for�Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August�13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that�uses any equipment, system, or service that uses covered telecommunications equipment or services�as a substantial or essential component of any system, or as critical technology as part of any�system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication�equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to�the use of covered telecommunications equipment or services, regardless of whether that use is in�performance of work under a Federal contract.�(c) Exceptions. This clause does not prohibit contractors from providing--�(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or�interconnection arrangements; or �(2) Telecommunications equipment that cannot route or redirect user data traffic or permit�visibility into any user data or packets that such equipment transmits or otherwise handles.�(d) Reporting requirement.�(1) In the event the Contractor identifies covered telecommunications equipment or services�used as a substantial or essential component of any system, or as critical technology as part of�any system, during contract performance, or the Contractor is notified of such by a subcontractor at�any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of�this clause to the Contracting Officer, unless elsewhere in this contract areestablished procedures�for reporting the information; in the case of the Department of Defense, the Contractor shall report�to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall�report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s)�for any affected order or, in the case of the Department of Defense, identify both the indefinite�delivery contract and any affected orders in the report provided at https://dibnet.dod.mil. �(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this�clause:�(i) Within one business day from the date of such identification or notification: The contract�number; the order number(s), if applicable; supplier name; supplier unique entity identifier�(if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model�number (original equipment manufacturer number, manufacturer part number, or wholesaler number);�item description; and any readily available information about mitigation actions undertaken or�recommended. �(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this�clause: Any further available information about mitigation actions undertaken or recommended.�In addition, the Contractor shall describe the efforts it undertook to prevent use or submission�of covered telecommunications equipment or services, and any additional efforts that will be�incorporated to prevent future use or submission of covered telecommunications equipment or services.�(e) Subcontracts. The Contractor shall insert the substance of this clause, including this�paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments,�including subcontracts for the acquisition of commercial items. �(End Of Clause) In order to comply with the Debt Collection Improvement Act of 1996, ALL Vendors must be registered in the System for Award Management (SAM) to be considered for...
- Web Link
-
SAM.gov Permalink
(https://beta.sam.gov/opp/f23c7bdd59c94a7690813b4e93d13fff/view)
- Place of Performance
- Address: Wallops Island, VA 23337, USA
- Zip Code: 23337
- Country: USA
- Zip Code: 23337
- Record
- SN06076423-F 20210730/210728230109 (samdaily.us)
- Source
-
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