SOLICITATION NOTICE
28 -- 28--175 HP AND 90 HP OUTBOARD ENGINES, SPARE PARTS, TOOLS, AND TRAINING
- Notice Date
- 4/7/2022 6:16:05 AM
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 333618
— Other Engine Equipment Manufacturing
- Contracting Office
- ACQUISITIONS - INL WASHINGTON DC 20520 USA
- ZIP Code
- 20520
- Solicitation Number
- PR10342371_02
- Response Due
- 4/8/2022 12:00:00 PM
- Archive Date
- 10/05/2022
- Point of Contact
- Name: Marketplace Support, Title: Marketplace Support, Phone: 1.877.933.3243, Email: MarketplaceSupport@unisonglobal.com;
- E-Mail Address
-
marketplacesupport@unisonglobal.com
(marketplacesupport@unisonglobal.com)
- 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 PR10342371_02 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 2022-05. 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 unrestricted and only qualified offerors may submit bids. The solicitation pricing on https://marketplace.unisonglobal.com will start on the date this solicitation is posted, and, unless otherwise displayed at https://marketplace.unisonglobal.com, will end on: 2022-04-08 15:00:00.0 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 NOTE: Contractor shall deliver all 175 HP Outboard Engines in this SOW with the propellers already installed. 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 � 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 in Line Item 003., 96, EA; LI 002: 175 HP Outboard Engine Installation, Rigging, Operation, and Engine Performance Monitoring Kits: � Contractor shall provide Kits to enable the installation, rigging, operation, and performance monitoring of 175 HP pairs in each of the following Colombian Navy Riverine Combat Boats: - Qty thirty-four (34) Brand Name Boston Whaler Guardian 25ft. NOTE: AKA �Pira�a� in the Colombian Navy - Qty fourteen (14) Brand Name Eduardo�o E260 25ft NOTE: AKA �BAF� in the Colombian Navy � Contractor shall provide OEM Brand Name Kits consistent with 175 HP engines Brand Name in Line Item 001. Other Brand Names will not be accepted. � Kits shall include all the OEM required parts and accessories to enable full operation of all the outboard engine pairs to be installed in each of the boats in the Colombian Navy Riverine Combat fleet mentioned above. In the quote, the contractor shall provide the proposed part number list for each Installation, Rigging, Operation, and Engine Performance Monitoring Kits., 48, 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 NOTE: Contractor shall deliver all 90 HP Outboard Engines in this SOW with the propellers already installed. 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 � 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 in Line Item 001, 54, EA; LI 004: 90 HP Outboard Engine Installation, Rigging, Operation, and Engine Performance Monitoring Kits: � Contractor shall provide Kits to enable the installation, operation, and performance monitoring of 90 HP pairs in each of the following Colombian Navy Riverine Combat Boats: - Qty twenty-two (22) Brand Name Boston Whaler Guardian 19ft NOTE: AKA �Botes Livianos� in the Colombian Navy - Qty five (05) Brand Name Eduardo�o E195 19ft NOTE: AKA �BA� in the Colombian Navy � Contractor shall provide OEM Brand Name Kits consistent with 90 HP engines Brand Name in Line Item 003. Other Brand Names will not be accepted. � Kits shall include all the OEM required parts and accessories to enable full operation of all the outboard engine pairs to be installed in each of the boats in the Colombian Navy Riverine Combat fleet mentioned above. � In the quote, the contractor shall provide the proposed part number list for each Installation, Rigging, Operation, and Engine Performance Monitoring Kits., 27, 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, LT; 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, LT; 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, LT; 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, 48, EA; 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), 8, EA; LI 010: Engine Installation: 175 HP: � Contractor shall install four (04) engines in two boats � Contractor shall deliver two boats and engines in full operational condition � See SOW Sections 3 and 4: Delivery and Training 90 HP: � Contractor shall install four (04) engines in two boats � Contractor shall deliver two boats and engines in full operational condition � See SOW Sections 3 and 4: Delivery and Training, 8, EA; 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, 96, EA; LI 012: 175 HP engine OEM recommended High Failure Rate Spare Part Kits for each engine supplied, 96, 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, 54, EA; LI 014: 90 HP engine OEM recommended High Failure Rate Spare Part Kits for each engine supplied, 54, 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. Not to Exceed Amount, 1, LT; 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 https://marketplace.unisonglobal.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 https://marketplace.unisonglobal.com. There is no cost to register, review procurement data or make a bid on https://marketplace.unisonglobal.com. Offerors that are not currently registered to use https://marketplace.unisonglobal.com should proceed to https://marketplace.unisonglobal.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 https://marketplace.unisonglobal.com by any means. It is unacceptable to place bad faith bids, to use decoys in the https://marketplace.unisonglobal.com process or to collude with the intent or effect of hampering the competitive https://marketplace.unisonglobal.com process. Should 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. 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). 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. 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 facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (ii)Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles. (c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for �covered telecommunications equipment or services�. (d) Representation. The Offeror represents that� (1)It ? will, ? will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds �will� in paragraph (d)(1) of this section; and (2)After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that� It ? does, ? does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds �does� in paragraph (d)(2) of this section. (e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded �will� in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer: (i)For covered equipment� (A)The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known); (B)A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and (C)Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision. (ii)For covered services� (A)If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or (B)If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision. (2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded �does� in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer: (i)For covered equipment� (A)The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known); (B)A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and (C)Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision. (ii)For covered services� (A)If the service is related to item maintenance: A description of 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) (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 technologyas 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 are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall repor...
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