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SAMDAILY.US - ISSUE OF AUGUST 20, 2021 SAM #7202
SOLICITATION NOTICE

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Notice Date: 8/18/2021 10:48:00 AM
Notice Type: Combined Synopsis/Solicitation
NAICS: 519110 — News Syndicates
Contracting Office: CONSUMER PRODUCT SAFETY COMMISSION BETHESDA MD 20814 USA
ZIP Code: 20814
Solicitation Number: 6000-21-0023
Response Due: 8/31/2020 12:00:00 PM
Archive Date: 08/18/2021
Point of Contact: Lindsay Bourne
E-Mail Address: lbourne@cpsc.gov
(lbourne@cpsc.gov)
Description: This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. This solicitation is issued as a Request for Quotation (RFQ).� The solicitation and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2021-06.� THIS RFQ IS SUBJECT TO AGENCY DETERMINATION TO FUND THIS REQUIREMENT.� ALL QUOTES MUST BE VALID THROUGH SEPTEMBER 30, 2021. The required services are described in the attached Statement of Work (SOW).� Services shall be provided on a Firm-Fixed-Price basis.� CPSC requires news distribution services.� Delivery and acceptance shall be to the CPSC point of contact included in the PWS and in accordance with Local Clause 1A for the delivery of any items to CPSC.� The provision at 52.212-1, Instructions to Offerors�Commercial Items, applies to this acquisition. In addition to the requirements of FAR 52.212-1, the quote must prominently display the offeror�s Taxpayer Identification number, CAGE code and DUNS number, as well as contact information for the offeror�s point of contact for the quote.� SAM.gov registration is required to be considered for award.� The quote shall be submitted via email to the Contract Specialist at lbourne@cpsc.gov and the Contracting Officer CC�d on the email at sjohnson@cpsc.gov with three separate attachments, one for the technical response, one for the past performance, and one for price.� SEE ATTACHED �INSTRUCTIONS TO OFFERORS� FOR QUOTE SUBMISSION REQUIREMENTS. The provision at 52.212-2, Evaluation�Commercial Items, applies to this acquisition, and the evaluation criteria to be included in paragraph (a) of that provision are as follows:� FACTOR A: TECHNICAL No pricing information shall be included in the technical submission.� There is a MAXIMUM PAGE LIMIT of 25 PAGES for this volume.� Information past page 25 will not be reviewed.�� Brevity is encouraged.� This section must describe technical information that the offeror provides.� The technical quote must include the details of how the offeror plans to accomplish all requirements and tasks of the SOW, what personnel are proposed and the qualifications of the contractor personnel, the resources the contractor plans to utilize, and all information necessary to demonstrate the contractor�s capabilities.� The quote must demonstrate the feasibility of the contractor�s approach and ability to oversee and carry out the objectives, scope, and requirements of the solicitation to include adequate staffing to complete the tasks in the SOW.� The technical quote should also clearly and fully demonstrate the offeror�s capabilities, knowledge, and experience regarding the technical requirements described below.� FACTOR B: PAST PERFORMANCE Quotes will be evaluated based on the performance demonstrated in previous, similar projects. Offerors with no relevant past performance must be evaluated neither favorably nor unfavorably. The Government reserves the right to obtain information for use in the evaluation of past performance from any and all sources including sources outside of the Government. Past performance information will be utilized to determine the quality of the contractor's past performance as it relates to the probability of success for the required effort. � FACTOR C: PRICE Price will be evaluated based on the proposed level of effort and resources associated with deliverables in order to perform the requirement, and for reasonableness in relationship to the Offeror's quoted technical solution. Offerors shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications�Commercial Items, if the annual SAM registration has not been completed. If the SAM registration has been completed, Offerors shall only submit paragraph (b) if there are applicable exceptions to the current registration. The clause at 52.212-4, Contract Terms and Conditions�Commercial Items, applies to this acquisition. The clause at 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders�Commercial Items, applies to this acquisition.� The following additional FAR clauses cited in FAR 52.212-5 are applicable to this acquisition: (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (June 2020); (8) 52.209-6, Protecting the Government�s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (June 2020); (22) 52.219-28, Post Award Small Business Program Representation (Nov 2020); (27) 52.222-3, Convict Labor (June 2003); (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015); (30) 52.222-26, Equal Opportunity (Sep 2016); (32)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (June 2020); (33) 52.222-37 Employment Reports on Veterans (June 2020); (35)(i) 52.222-50, Combating Trafficking in Persons (Oct 2020); (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (June 2020); (51) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021); (58) 52.232-33, Payment by Electronic Funds Transfer�System for Award Management (Oct 2018).� The following FAR clauses also apply to this requirement:� � LOCAL CLAUSES � LC1A�� CONTRACTOR�S NOTE �� Deliveries and/or shipments shall not be left at the Loading Dock.� All deliveries shall be considered �inside deliveries� to the appropriate room at the Consumer Product Safety Commission (CPSC) and in accordance with the instructions below.� When scheduling deliveries the purchase order number shall always be referenced and all packages shall clearly display the Purchase Order Number on the outside of the cartons and/or packages, to include the packing slip. ATTENTION GOVERNMENT VENDOR � A.�� DELIVERY INSTRUCTIONS: 1.� DELIVERY INSTRUCTIONS FOR LARGE OR HEAVY ITEMS: If the shipment or item being delivered requires use of a loading dock, advance notification is required.� The contractor shall contact the Shipping and Receiving Coordinator at 301-892-0586 or Constantia Demas (301) 504-7544� forty-eight (48) hours in advance of the date the items are to arrive to schedule use of the loading dock. LOADING DOCK HOURS OF OPERATION: 9:00 am to 11:00 am�� or�� 1:30 pm to 4:00 pm Monday through Friday (except holidays) Please notify contact person if there is a change in the delivery date. For changes, delays, or assistance please contact CPSC as follows: Facilities Management Support Services (301) 504-7091 and The COR � TBD Upon arrival, the driver should contact the CPSC Guard, 301-504-7721, at the loading dock to obtain assistance in using freight elevators and to gain access to CPSC security areas. 2.� DELIVERY INSTRUCTION FOR SMALL ITEMS When delivering or shipping small items, the contractor and/or carrier service shall report to the 4th floor lobby, North Tower, 4330 East West Highway, to sign in with the CPSC guard.� Upon completion of signing in, the contractor shall deliver all shipments to the Mail Room, Room 410.� After delivery, delivery personnel shall promptly depart the building.� MAIL ROOM HOURS OF OPERATION: Monday through Friday (except holidays) � 7:30 am to 5:00 pm B.� BILLING INSTRUCTIONS �� Pursuant to the Prompt Payment Act (P.L. 97-177) and the Prompt Payment Act Amendments of 1988 (P.L. 100-496) all Federal agencies are required to pay their bills on time, pay interest penalties when payments are made late, and to take discounts only when payments are made within the discount period.� To assure compliance with the Act, vouchers and/or invoices shall be submitted through the Invoice Processing Platform (IPP).� At a minimum, each invoice document submitted through IPP shall include the documentation required in the contract. ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS Invoice Processing Platform (IPP) is a secure web-based electronic invoicing and payment information service available to all Federal agencies and their supplier by the U.S. Treasury's Bureau of Fiscal Service.� IPP allows Federal agencies and their suppliers to exchange electronic purchase orders, blanket POs, invoices, and payment information in one easy to access web portal.�� This service is free of charge to government agencies and their suppliers, including services and support.� �� (a)� Definitions.� As used in this clause- (1)�Payment request� means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation.� The payment request must comply with the requirements identified in FAR 32.905(b), �Payment documentation and process� and the applicable Payment clause included in this contract. �� (b)� The Contractor shall submit payment requests electronically using the Invoice Processing Platform (IPP).� Information regarding IPP is available on the Internet at www.ipp.gov.� Assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@stls.frb.org or phone (866)973-3131. PAYMENT AND INVOICE QUESTIONS For payment and invoice questions, contact the Accounts Payable Branch at (304) 480-8000 option 7 or via email at AccountsPayable@fiscal.treasury.gov. Customer Service inquiries may be directed to Adriane Clark at AClark@cpsc.gov. � OVERPAYMENTS Accounts Receivable Conversion of Check Payments to EFT:� If the Contractor sends the Government a check to remedy duplicate contract financing or an overpayment by the government, it will be converted into an electronic funds transfer (EFT). This means the Government will copy the check and use the account information on it to electronically debit the Contractor�s account for the amount of the check. The debit from the Contractor�s account will usually occur within 24 hours and will be shown on the regular account statement. The Contractor will not receive the original check back.� The Government will destroy the Contractor�s original check, but will keep a copy of it.� If the EFT cannot be processed for technical reasons, the Contractor authorizes the Government to process the copy in place of the original check. C.� INSPECTION & ACCEPTANCE PERIOD Unless otherwise stated in the Statement of Work or Description, the Commission will ordinarily inspect all materials/services within seven (7) business days after the date of receipt. The CPSC representative responsible for inspecting the materials/services will transmit disapproval, if appropriate, to the contractor and the Contracting Officer.� If other inspection information is provided in the Statement of Work or Description, it is controlling. D.� NO AUTOMATIC RENEWALS If any license or service tied to periodic payment is provided under this agreement (e.g., annual software maintenance or annual lease term), such license or service shall not renew automatically upon expiration of its current term without prior express consent by an authorized Government representative. � (End of Clause) LC 24 Nondisclosure of any Data Developed Under this Contract � a.� The Contractor agrees that it and its employees will not disclose any data obtained or developed under this contract to third parties without the consent of the U. S. Consumer Product Safety Commission Contracting Officer Representative (COR).� b.� The Contractor shall obtain an agreement of non-disclosure from each employee who will work on this contract or have access to data obtained or developed under this contract. � LC 31 Restrictions on Use of Information �� a.� If the Contractor, in the performance of this contract, obtains access to information such as CPSC plans, reports, studies, data protected by the Privacy Act of 1974 (5 U.S.C. 552a), or personal identifying information (PII) which has not been released or otherwise made public, the Contractor agrees that without prior written approval of the Contracting Officer it shall not:� (a) release or disclose such information, (b) discuss or use such information for any private purpose, (c) share this information with any other party, or (d) submit an unsolicited proposal based on such information.� These restrictions will remain in place unless such information is made available to the public by the Government. b.� In addition, the Contractor agrees that to the extent it collects data on behalf of CPSC, or is given access to, proprietary data, data protected by the Privacy Act of 1974, or other confidential or privileged technical, business, financial, or personal identifying information during performance of this contract, that it shall not disclose such data.� The Contractor shall keep the information secure, protect such data to prevent loss or dissemination, and treat such information in accordance with any restrictions imposed on such information.� FAR CLAUSES 52.217-8 Option to Extend Services (November 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�5 days. (End of clause) 52.217-9 Option to Extend the Term of the Contract (March 2000) ��(a)�The Government may extend the term of this contract by written notice to the Contractor within�5 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least�10�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. (End of clause) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 52.204-7�System for Award Management (October 2018) 52.204-16�Commercial and Government Entity Code Reporting (August 2020) 52.204-17�Ownership or Control of Offeror (August 2020) 52.212-1 Instructions to Offerors � Commercial Items (June 2020) 52.217-5�Evaluation of Options (July 1990) 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran � Representation and Certifications (Jun 2020) � 52.232-40�Providing Accelerated Payments to Small Business Subcontractors (December 2013) 52.219-1�Small Business Program Representations (November 2020) ��(a)�Definitions. As used in this provision- ��""Economically disadvantaged women-owned small business (EDWOSB) concern"" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with�13 CFR part 127. It automatically qualifies as a women-owned small business concern eligible under the WOSB Program. ��Service-disabled veteran-owned small business concern- ��(1)�Means a small business concern- ��(i)�Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and ��(ii)�The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran. ��(2)�""Service-disabled veteran"" means a veteran, as defined in�38 U.S.C.101(2), with a disability that is service-connected, as defined in�38 U.S.C.101(16). ��Small business concern� ��(1)�Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (b) of this provision. ��(2)�Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103. ��Small disadvantaged business concern, consistent with�13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that- ��(1)�Is at least 51 percent unconditionally and directly owned (as defined at�13 CFR 124.105) by- ��(i)�One or more socially disadvantaged (as defined at�13 CFR 124.103) and economically disadvantaged (as defined at�13 CFR 124.104) individuals who are citizens of the United States, and ��(ii)�Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at�13 CFR 124.104(c)(2); and ��(2)�The management and daily business operations of which are controlled (as defined at�13 CFR 124.106) by individuals who meet the criteria in paragraphs (1)(i) and (ii) of this definition. ��""Veteran-owned small business concern"" means a small business concern- ��(1)�Not less than 51 percent of which is owned by one or more veterans (as defined at�38 U.S.C.101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and ��(2)�The management and daily business operations of which are controlled by one or more veterans. ��""Women-owned small business concern"" means a small business concern- ��(1)�That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and ��(2)�Whose management and daily business operations are controlled by one or more women. ��""Women-owned small business (WOSB) concern eligible under the WOSB Program"" (in accordance with�13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States. ��(b)� (1)�The North American Industry Classification System (NAICS) code for this acquisition is��________ [insert NAICS code]. ��(2)�The small business size standard is�_______ [insert size standard]. ��(3)�The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture (i.e., nonmanufacturer), is 500 employees. ��(c)�Representations. (1)�The offeror represents as part of its offer that it�?�is,�?�is not a small business concern. ��(2)�[Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it�?�is,�?�is not, a small disadvantaged business concern as defined in�13 CFR 124.1002. ��(3)�[Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it�?�is,�?�is not a women-owned small business concern. ��(4)�Women-owned small business (WOSB) concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(3) of this provision.] The offeror represents as part of its offer that- ��(i)�It�?�is,�?�is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and ��(ii)�It�?�is,�?�is not a joint venture that complies with the requirements of�13 CFR part 127, and the representation in paragraph (c)(4)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation. ��(5)�Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a women-owned small business concern eligible under the WOSB Program in (c)(4) of this provision.] The offeror represents as part of its offer that- ��(i)�It�?�is,�?�is not an EDWOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and ��(ii)�It�?�is,�?�is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(5)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation. ��(6)�[Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it�?�is,�?�is not a veteran-owned small business concern. ��(7)�[Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(6) of this provision.] The offeror represents as part of its offer that it�?�is,�?�is not a service-disabled veteran-owned small business concern. ��(8)�[Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that- ��(i)�It�?�is,�?�is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with�13 CFR Part 126; and ��(ii)�It�?�is,�?�is not a HUBZone joint venture that complies with the requirements of�13 CFR Part 126, and the representation in paragraph (c)(8)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: ________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation. ��(d)�Under�15 U.S.C.645(d), any person who misrepresents a firm�s status as a business concern that is small, HUBZone small, small disadvantaged, service-disabled veteran-owned small, economically disadvantaged women-owned small, or women-owned small eligible under the WOSB Program in order to obtain a contract to be awarded under the preference programs established pursuant to section 8, 9, 15, 31, and 36 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall- ��(1)�Be punished by imposition of fine, imprisonment, or both; ��(2)�Be subject to administrative remedies, including suspension and debarment; and ��(3)�Be ineligible for participation in programs conducted under the authority of the Act. (End of provision) � 52.204-20�Predecessor of Offeror (August 2020) ��(a) Definitions. As used in this provision - Commercial and Government Entity (CAGE) code�means� ��(1)�An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or ��(2)�An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code. ��Predecessor�means an entity that is replaced by a successor and includes any predecessors of the predecessor. ��Successor�means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term ""successor"" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances. ��(b)�The Offeror represents that it�?�is or�?�is not a successor to a predecessor that held a Federal contract or grant within the last three years. ��(c)�If the Offeror has indicated ""is"" in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order): ��Predecessor CAGE code:??????????(or mark ""Unknown""). ��Predecessor legal name:�??????????. ��(Do not use a ""doing business as"" name). (End of provision) 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (October 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 produc...
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