SOLICITATION NOTICE
28 -- 28--175 HP AND 90 HP OUTBOARD ENGINES, SPARE PARTS, TOOLS, AND TRAINING
- Notice Date
- 8/13/2021 12:35:49 PM
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 333618
— Other Engine Equipment Manufacturing
- Contracting Office
- ACQUISITIONS - INL WASHINGTON DC 20520 USA
- ZIP Code
- 20520
- Solicitation Number
- PR9796353
- Response Due
- 8/20/2021 8:00:00 AM
- Archive Date
- 02/16/2022
- Point of Contact
- Name: Marketplace Support, Title: Marketplace Support, Phone: 1.877.933.3243, Fax: 703.422.7822, Email: MarketplaceSupport@unisonglobal.com;
- E-Mail Address
-
marketplacesupport@unisonglobal.com
(marketplacesupport@unisonglobal.com)
- Small Business Set-Aside
- SBA Total Small Business Set-Aside (FAR 19.5)
- Description
- AMENDMENT NOTICE: 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 PR9796353 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 2021-06. The associated North American Industrial Classification System (NAICS) code for this procurement is 333618 with a small business size standard of 1,500.00 employees. This requirement is a Small Business Set-Aside and only qualified offerors may submit bids. The solicitation pricing on www.UnisonMarketplace.com will start on the date this solicitation is posted, and, unless otherwise displayed at www.UnisonMarketplace.com, will end on: 2021-08-20 11:00:00.0 Eastern Time. This time supersedes the Offers Due Time listed above. FOB Destination shall be in the Statement of Work. The DOS International Narcotics Law Enforcement Affairs - Department of State requires the following items, Brand Name or Equal, to the following: LI 001: 175 HP Outboard Engine Technical Specifications: � Horsepower (HP): 175 HP only � Powerhead Cycle: Four-stroke � Displacement in Liters (L): Greater than 2.7 L, less than 3.4 L � Cylinder configuration: Greater than 4 V, less than 6 V � Optimal range of operation in RPM (total thrust): Greater than 5,000, less than 6,000 RPM � Maximum Engine Weight: Least possible weight is required. Not greater than 220 KGS � Transmission length in inches (""): 25"" transmission only. Others will not be accepted � Fuel Injection System: Computer-controlled sequential electronic fuel injection (EFI) � Fuel: Regular lead-free gasoline. Greater than 84 octane, less than 87 octane with 10% maximum ethanol � Steering System: Hydraulic Steering System � Application: Military use. Heavy workloads capable of providing effective propulsion to robust combat boats and crews weighing up to 2,620 KGS and operating in speeds up to 32 KTS. No prototypes will be accepted. Must have historical application with other Military and Law Enforcement boats � Rotation: Clockwise � Color: Black � Warranty: 3-Year unlimited warranty. See SOW Section five (5) for additional requirements Maintenance, Technical Service, and Support Specifications: � Line Life Cycle (LLC): Equal or greater than 3,000 hours of operation before overhaul � Tool Compatibility: English System tools required. Engines requiring Metric System tools for maintenance will NOT be accepted � High Failure Rate Spare Parts and Accessories: Demonstrated existence of spare parts, accessories, and maintenance kits in Colombia � Low Failure Rate Spare Parts and Accessories: Demonstrated existence of spare parts, accessories, and maintenance kits in Colombia. Upon order, guaranteed delivery in less than 30 calendar days anywhere in Colombia � Spare Parts availability: One year or greater � Legal Representation in Colombia: Vendor representative, engines, spare parts, accessories, and service shall have demonstrated legal representation in Colombia for at least five (05) years � Customer and Technical Support: Vendor representative in Colombia shall have demonstrated customer support and technical service, and guaranteed coverage throughout Colombia NOTE: 175 HP engines shall be of the same Original Equipment Manufacturer (OEM) as the 90 HP engines., 94, EA; LI 002: 175 HP Outboard Engine Installation Rigging Kits � One kit for every two engines to enable full operational condition of the engines and boats. � All OEM required materials and equipment to enable installation of: - Starting control, throttle levers, and monitoring tachometers to the boat console - Engine governing from the boat console - Hydraulic kit for the engine governing system - RACOR oil filters and fuel hoses - Batteries - Propellers, 47, EA; LI 003: 90 HP Outboard Engine Technical Specifications: � Horsepower (HP): 90 HP only � Powerhead Cycle: Four-stroke � Displacement in Liters (L): Greater than 1.2 L, less than 2.1 L � Cylinder configuration: Greater than 3 L, less than 4 L � Optimal range of operation in RPM (total thrust): Greater than 5,000, less than 5,500 RPM � Maximum Engine Weight: Least possible weight is required. Not greater than 165 KGS � Transmission length in inches (""): 25"" transmission only. Others will not be accepted � Fuel Injection System: Computer-controlled sequential electronic fuel injection (EFI) � Fuel: Regular lead-free gasoline. Greater than 84 octane, less than 87 octane with 10% maximum ethanol � Steering System: Hydraulic Steering System � Application: Military use. Heavy workloads capable of providing effective propulsion to robust combat boats and crews weighing up to 796 KGS and operating in speeds up to 28 KTS. No prototypes will be accepted. Must have historical application with other Military and Law Enforcement boats � Rotation: Clockwise � Color: Black � Warranty: 3-Year unlimited warranty. See SOW Section five (5) for additional requirements Maintenance, Technical Service, and Support Specifications: � Line Life Cycle (LLC): Equal or greater than 3000 hours of operation before overhaul � Tool Compatibility: English System tools required. Engines requiring Metric System tools for maintenance will NOT be accepted � High Failure Rate Spare Parts and Accessories: Demonstrated existence of spare parts, accessories, and maintenance kits in Colombia � Low Failure Rate Spare Parts and Accessories: Demonstrated existence of spare parts, accessories, and maintenance kits in Colombia. Upon order, guaranteed delivery in less than 30 calendar days anywhere in Colombia � Spare Parts availability: One year or greater � Legal Representation in Colombia: Vendor representative, engines, spare parts, accessories, and service shall have demonstrated legal representation in Colombia for at least five (05) years � Customer and Technical Support: Vendor representative in Colombia shall have demonstrated customer support and technical service and guaranteed coverage throughout Colombia NOTE: 90 HP engines shall be of the same Original Equipment Manufacturer (OEM) as the 175 HP engines., 64, EA; LI 004: 90 HP Outboard Engine Installation Rigging Kits � One kit for every two engines to enable full operational condition of the engines and boats. � All OEM required materials and equipment to enable installation of: - Starting control, throttle levers, and monitoring tachometers to the boat console - Engine governing from the boat console - Hydraulic kit for the engine governing system - RACOR oil filters and fuel hoses - Bbatteries - Propellers, 32, EA; LI 005: Forty (40) hours of basic training in electricity, failure diagnosis, and installation of 175 HP and 90 HP outboard engines for thirty (30) students. Contractor shall: deliver the training no later than 60 calendar days after contract is awarded, use OEM certified instructors, deliver the training in Spanish Language, and provide all the required training aids and printed study materials to train the students at Navy�s �Departamento de Unidades Fluviales� (DUF) Bogota, Colombia: Calle 234 #58-63 Km 3 Autonorte via Guaymaral. Before executing the training, contractor shall provide proof of instructors� OEM certification and the proposed course syllabus for evaluation and approval by the designated COR. After the training is completed, contractor shall provide each student with a certificate of attendance for this training indicating the number of hours trained., 1, Training; LI 006: Forty (40) hours of intermediate training in maintenance and operation of 175 HP and 90 HP outboard engines for three (3) students. Contractor shall: deliver the training no later than 60 calendar days after contract is awarded, use OEM certified instructors, deliver the training in Spanish Language, and provide all the required training aids and printed study materials to train the students at Navy�s �Departamento de Unidades Fluviales� (DUF) Bogota, Colombia: Calle 234 #58-63 Km 3 Autonorte via Guaymaral. Before executing the training, contractor shall provide proof of instructors� OEM certification and the proposed course syllabus for evaluation and approval by the designated COR. After the training is completed, contractor shall provide each student with a certificate of attendance for this training indicating the number of hours trained., 1, Training; LI 007: Forty (40) hours of advanced training in transmissions and powerheads of 175 HP and 90 HP outboard engines for two (2) students. Contractor shall: deliver the training no later than 60 calendar days after contract is awarded, use OEM certified instructors, deliver the training in Spanish Language, and provide all the required training aids and printed study materials to train the students at Navy�s �Departamento de Unidades Fluviales� (DUF) Bogota, Colombia: Calle 234 #58-63 Km 3 Autonorte via Guaymaral. Before executing the training, contractor shall provide proof of instructors� OEM certification and the proposed course syllabus for evaluation and approval by the designated COR. After the training is completed, contractor shall provide each student with a certificate of attendance for this training indicating the number of hours trained., 1, Training; LI 008: 175 HP Engine Manuals: � Current or newer engine model versions required. Older engine model manuals will not be accepted � In Spanish Language � Hard Copy in PDF format � Qty. four (04) Operation � Qty. four (04) Maintenance � Qty. four (04) Failure and Troubleshooting � Qty. four (04) Diagnostic Software Operation � Qty. four (04) Electrical System � Qty. four (04) Fuel System 90 HP Engine Manuals: � Current or newer engine model versions required. Older engine model manuals will not be accepted � In Spanish Language � Hard Copy in PDF format � Qty. four (04) Operation � Qty. four (04) Maintenance � Qty. four (04) Failure and Troubleshooting � Qty. four (04) Diagnostic Software Operation � Qty. four (04) Electrical System � Qty. four (04) Fuel System, 1, LOT; LI 009: 175 HP Spare Part Catalogs: � Current or newer engine model versions required. Older engine model catalogs will not be accepted � Hard Copy PDF format � Qty. four (04) 90 HP Spare Part Catalogs: � Current or newer engine model versions required. Older engine model catalogs will not be accepted � Hard Copy PDF format � Qty. four (04), 1, LOT; LI 010: Engine Installation: 175 HP: � Four (04) engines in two boats � Deliver two boats and engines in full operational condition � See SOW Sections 3 and 4: Delivery and Training 90 HP: � Four (04) engines in two boats � Deliver two boats and engines in full operational condition � See SOW Sections 3 and 4: Delivery and Training, 1, LOT; LI 011: 175 HP engine OEM recommended 100-hour, 300-hour, 500-hour, and 1,000- hour of operation Maintenance Kits for each engine supplied, 94, EA; LI 012: 175 HP engine OEM recommended High Failure Rate Spare Part Kits for each engine supplied, 94, EA; LI 013: 90 HP engine OEM recommended 100-hour, 300-hour, 500-hour, and 1,000- hour of operation Maintenance Kits for each engine supplied, 64, EA; LI 014: 90 HP engine OEM recommended High Failure Rate Spare Part Kits for each engine supplied, 64, EA; LI 015: 175 HP engine Diagnostic and Maintenance Special Tool Kits, 8, EA; LI 016: 90 HP engine Diagnostic and Maintenance Special Tool Kits, 8, EA; LI 017: Shipping, 1, LOT; Solicitation and Buy Attachments ***Question Submission: Interested offerors 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 www.UnisonMarketplace.com. Questions not received within a reasonable time prior to close of the solicitation may not be considered.*** For this solicitation, DOS International Narcotics Law Enforcement Affairs - Department of State intends to conduct an online competitive reverse auction to be facilitated by the third-party reverse auction provider, Unison Marketplace. Unison Marketplace has developed an online, anonymous, browser based application to conduct the reverse auction. An Offeror may submit a series of pricing bids, which descend in price during the specified period of time for the aforementioned reverse auction. DOS International Narcotics Law Enforcement Affairs - Department of State is taking this action in an effort to improve both vendor access and awareness of requests and the agency's ability to gather multiple, competed, real-time bids. All responsible Offerors that respond to this solicitation MUST submit the pricing portion of their bid using the online exchange located at www.UnisonMarketplace.com. There is no cost to register, review procurement data or make a bid on www.UnisonMarketplace.com. Offerors that are not currently registered to use www.UnisonMarketplace.com should proceed to www.UnisonMarketplace.com to complete their free registration. Offerors that require special considerations or assistance may contact Marketplace Support at 1.877.933.3243 or via email at marketplacesupport@unisonglobal.com. Offerors may not artificially manipulate the price of a transaction on www.UnisonMarketplace.com by any means. It is unacceptable to place bad faith bids, to use decoys in the www.UnisonMarketplace.com process or to collude with the intent or effect of hampering the competitive www.UnisonMarketplace.com process. Should offerors 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. In addition to providing pricing at www.UnisonMarketplace.com for this solicitation, each Offeror must provide any required, NON-PRICING responses (e.g. technical proposal, representations and certifications, etc.) so that they are received no later than the closing date and time for this solicitation; these shall be uploaded with the Offeror's bid via Unison Marketplace. (a) The Department of State's Advocate for Competition is responsible for assisting industry in removing restrictive requirements from Department of State solicitations and removing barriers to full and open competition and use of commercial items. If such a solicitation is considered competitively restrictive or does not appear properly conducive to competition and commercial practices, potential offerors are encouraged first to contact the contracting officer for the solicitation. If concerns remain unresolved, contact: (a) Definitions. As used in this provision: �Foreign person� means any person other than a United States person as defined below. �United States person� means any United States resident or national (other than an individual resident outside the United States and employed by other than a United States person), any domestic concern (including any permanent domestic establishment of any foreign concern), and any foreign subsidiary or affiliate (including any permanent foreign establishment) of any domestic concern which is controlled in fact by such domestic concern, as provided under the Export Administration Act of 1979, as amended. (b) Certification. By submitting this offer, the offeror certifies that it is not: (1) Taking or knowingly agreeing to take any action, with respect to the boycott of Israel by Arab League countries, which Section 8(a) of the Export Administration Act of 1979, as amended (50 U.S.C. 2407(a)) prohibits a United States person from taking; or, (2) Discriminating in the award of subcontracts on the basis of religion. (End of provision) All offers/bids submitted in response to this solicitation must address the approach for completing the security plan and certification and accreditation requirements as required by the clause at 652.239-71, Security Requirements for Unclassified Information Technology Resources. (End of provision) (a) General. The Contractor shall be responsible for information technology (IT) security, based on Department of State (DOS) risk assessments, for all systems connected to a Department of State (DOS) network or operated by the Contractor for DOS, regardless of location. This clause is applicable to all or any part of the contract that includes information technology resources or services in which the Contractor has physical or electronic access to DOS's information that directly supports the mission of DOS. The term �information technology�, as used in this clause, means any equipment, including telecommunications equipment, that is used in the automatic acquisition, storage, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information. This includes both major applications and general support systems as defined by OMB Circular A-130. Examples of tasks that require security provisions include: (1) Hosting of DOS e-Government sites or other IT operations; (2) Acquisition, transmission or analysis of data owned by DOS with significant replacement cost should the Contractor's copy be corrupted; and (3) Access to DOS general support systems/major applications at a level beyond that granted the general public; e.g., bypassing a firewall. (b) IT Security Plan. The Contractor shall develop, provide, implement, and maintain an IT Security Plan. This plan shall describe the processes and procedures that will be followed to ensure appropriate security of IT resources that are developed, processed, or used under this contract. The plan shall describe those parts of the contract to which this clause applies. The Contractor's IT Security Plan shall comply with applicable Federal laws that include, but are not limited to, 40 U.S.C. 11331, the Federal Information Security Management Act (FISMA) of 2002, and the E-Government Act of 2002. The plan shall meet IT security requirements in accordance with Federal and DOS policies and procedures, as they may be amended from time to time during the term of this contract that include, but are not limited to: (1) OMB Circular A-130, Management of Federal Information Resources, Appendix III, Security of Federal Automated Information Resources; (2) National Institute of Standards and Technology (NIST) Guidelines (see NIST Special Publication 800-37, Guide for the Security Certification and Accreditation of Federal Information Technology Systems (http://csrc.nist.gov/publications/nistpubs/800-37/SP800-37-final.pdf)); and (3) Department of State information security sections of the Foreign Affairs Manual (FAM) and Foreign Affairs Handbook (FAH) (http://foia.state.gov/Regs/Search.asp), specifically: (i) 12 FAM 230, Personnel Security; (ii) 12 FAM 500, Information Security (sections 540, 570, and 590); (iii) 12 FAM 600, Information Security Technology (section 620, and portions of 650); (iv) 5 FAM 1060, Information Assurance Management; and (v) 5 FAH 11, Information Assurance Handbook. (c) Submittal of IT Security Plan. Within 30 days after contract award, the Contractor shall submit the IT Security Plan to the Contracting Officer and Contracting Officer's Representative (COR) for acceptance. This plan shall be consistent with and further detail the approach contained in the contractor's proposal or sealed bid that resulted in the award of this contract and in compliance with the requirements stated in this clause. The plan, as accepted by the Contracting Officer and COR, shall be incorporated into the contract as a compliance document. The Contractor shall comply with the accepted plan. (d) Accreditation. Within six (6) months after contract award, the Contractor shall submit written proof of IT security accreditation for acceptance by the Contracting Officer. Such written proof may be furnished either by the Contractor or by a third party. Accreditation must be in accordance with NIST Special Publication 800-37. This accreditation will include a final security plan, risk assessment, security test and evaluation, and disaster recovery plan/continuity of operations plan. This accreditation, when accepted by the Contracting Officer, shall be incorporated into the contract as a compliance document, and shall include a final security plan, a risk assessment, security test and evaluation, and disaster recovery/continuity of operations plan. The Contractor shall comply with the accepted accreditation documentation. (e) Annual verification. On an annual basis, the Contractor shall submit verification to the Contracting Officer that the IT Security Plan remains valid. (f) Warning notices. The Contractor shall ensure that the following banners are displayed on all DOS systems (both public and private) operated by the Contractor prior to allowing anyone access to the system SECTION 8(A) OF THE EXPORT ADMINISTRATION ACT OF 1979, AS AMENDED (AUG 1999) (a) Section 8(a) of the U.S. Export Administration Act of 1979, as amended (50 U.S.C. 2407(a)), prohibits compliance by U.S. persons with any boycott fostered by a foreign country against a country which is friendly to the United States and which is not itself the object of any form of boycott pursuant to United States law or regulation. The Boycott of Israel by Arab League countries is such a boycott, and therefore, the following actions, if taken with intent to comply with, further, or support the Arab League Boycott of Israel, are prohibited activities under the Export Administration Act: (1) Refusing, or requiring any U.S. person to refuse to do business with or in Israel, with any Israeli concern, or with any national or resident of Israel, or with any other person, pursuant to an agreement of, or a request from or on behalf of a boycotting country; (2) Refusing, or requiring any U.S. person to refuse to employ or otherwise discriminating against any person on the basis of race, religion, sex, or national origin of that person or of any owner, officer, director, or employee of such person; (3) Furnishing information with respect to the race, religion, or national origin of any U.S. person or of any owner, officer, director, or employee of such U.S. person; (4) Furnishing information about whether any person has, has had, or proposes to have any business relationship (including a relationship by way of sale, purchase, legal or commercial representation, shipping or other transport, insurance, investment, or supply) with or in the State of Israel, with any business concern organized under the laws of the State of Israel, with any Israeli national or resident, or with any person which is known or believed to be restricted from having any business relationship with or in Israel; (5) Furnishing information about whether any person is a member of, has made contributions to, or is otherwise associated with or involved in the activities of any charitable or fraternal organization which supports the State of Israel; and, (6) Paying, honoring, confirming, or otherwise implementing letter of credit which contains any condition or requirement against doing business with the State of Israel. (b) Under Section 8(a), the following types of activities are not forbidden �compliance with the boycott�, and are therefore exempted from Section 8(a)�s prohibitions listed in paragraphs (a)(1) through (6) above: (1) Complying or agreeing to comply with requirements: (i) Prohibiting the import of goods or services from Israel or goods produced or services provided by any business concern organized under the laws of Israel or by nationals or residents of Israel; or, (ii) Prohibiting the shipment of goods to Israel on a carrier of Israel, or by a route other than that prescribed by the boycotting country or the recipient of the shipment; (2) Complying or agreeing to comply with import and shipping document requirements with respect to the country of origin, the name of the carrier and route of shipment, the name of the supplier of the shipment or the name of the provider of other services, except that no information knowingly furnished or conveyed in response to such requirements may be stated in negative, blacklisting, or similar exclusionary terms, other than with respect to carriers or route of shipments as may be permitted by such regulations in order to comply with precautionary requirements protecting against war risks and confiscation; If this is a �Brand Name Only� procurement, Seller certifies that it is an authorized distributer of the brand name product being sold to the Department of State and that it has the certification/specialization level required by the manufacturer, to support both the product sale and product pricing, in accordance with applicable manufacturer certification/specialization requirements. Unless otherwise specified, Seller warrants that the products are new and in their original box(es). This solicitation requires registration with the System for Award Management (SAM) prior to award, pursuant to FAR 4.1102 and other applicable regulations and guidelines. Information can be found at www.sam.gov. Registration must be ""ACTIVE"" at the time of award. All Bids must be valid for 30 days from the closing date for this solicitation. No exceptions or qualifications. New equipment ONLY, NO grey market or refurbished products. Items must be in original packaging, never used, and not altered in any way. Components of the requested equipment, to include memory, must be manufacturer-approved and may not be compatible, remanufactured, or refurbished equipment. All items must be covered by manufacturer�s warranty and procured through a manufacturer approved distribution channel. Sellers must be able to document their ability to provide items through manufacturer approved distribution channels upon request. The Seller confirms to have sourced all products submitted in this Bid from manufacturer-approved channels for Federal sales, in accordance with all applicable laws and manufacturer�s current applicable policies at the time of purchase. Seller must be able to support both the product sale and product pricing, in accordance with applicable manufacturer certification / specialization requirements. If software is provided or included, Seller shall, upon request, provide Buyer with a copy of the End User License Agreement. Seller certifies that all software is licensed originally to Buyer as the original licensee authorized to use the software. All bid prices must include shipping FOB Destination. No partial shipments are permitted, unless otherwise specified by Contracting Officer at time of award. To be considered for award, all Sellers must be manufacturer federally authorized distributors/resellers of the equipment/services they are offering with a demonstrated capability of delivering the entire order within the timeframes specified by the Buyer on the award. Sellers shall be required to provide documentation as proof of authorization to be considered for award. The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it �does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument� in the provision at 52.204-26, Covered Telecommunications Equipment or Services�Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items. (a) Definitions. As used in this provision� Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to� (i)Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (ii)Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as 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 facilitiesof 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 of...
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