SOLICITATION NOTICE
X -- X--(Master BPA) DR-4734-FL Portable Toilet & Handwashing Station (Master BPA)
- Notice Date
- 9/25/2023 7:14:09 AM
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 562991
— Septic Tank and Related Services
- Contracting Office
- FEMA WASHINGTON DC 20472 USA
- ZIP Code
- 20472
- Solicitation Number
- 70FBR423Q00000186
- Response Due
- 9/25/2023 10:00:00 AM
- Archive Date
- 03/23/2024
- 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)
- Small Business Set-Aside
- LAS Local Area Set-Aside (FAR 26.2)
- 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 70FBR423Q00000186 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 2023-05. The associated North American Industrial Classification System (NAICS) code for this procurement is 562991 with a small business size standard of $9.00M. This requirement is a Local Area Network Set-Aside and only qualified sellers as defined by the Solicitation 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: 2023-09-25 13:00:00.0 Eastern Time. This time supersedes the Offers Due Time listed above. FOB Destination shall be in the Statement of Work. The DHS Federal Emergency Management Agency requires the following items, Meet or Exceed, to the following: Base Period of Performance: Determined at Award LI 001: Standard Restroom - Citrus County, 1, Week; LI 002: 2 sink wash station - Citrus County, 1, Week; LI 003: ADA Restroom - Citrus County, 1, Week; LI 004: Relocation - Citrus County, 1, LOT; LI 005: Standard Restroom - Columbia County, 1, Week; LI 006: 2 sink wash station - Columbia County, 1, Week; LI 007: ADA Restroom - Columbia County, 1, Week; LI 008: Relocation - Columbia County, 1, LOT; LI 009: Standard Restroom - Dixie County, 1, Week; LI 010: 2 sink wash station - Dixie County, 1, Week; LI 011: ADA Restroom - Dixie County, 1, Week; LI 012: Relocation - Dixie County, 1, LOT; LI 013: Standard Restroom - Gilchrist County, 1, Week; LI 014: 2 sink wash station - Gilchrist County, 1, Week; LI 015: ADA Restroom - Gilchrist County, 1, Week; LI 016: Relocation - Gilchrist County, 1, LOT; LI 017: Standard Restroom - Hamilton County, 1, Week; LI 018: 2 sink wash station - Hamilton County, 1, Week; LI 019: ADA Restroom - Hamilton County, 1, Week; LI 020: Relocation - Hamilton County, 1, LOT; LI 021: Standard Restroom - Hernando County, 1, Week; LI 022: 2 sink wash station - Hernando County, 1, Week; LI 023: ADA Restroom - Hernando County, 1, Week; LI 024: Relocation - Hernando County, 1, LOT; LI 025: Standard Restroom - Jefferson County, 1, Week; LI 026: 2 sink wash station - Jefferson County, 1, Week; LI 027: ADA Restroom - Jefferson County, 1, Week; LI 028: Relocation - Jefferson County, 1, LOT; LI 029: Standard Restroom - Lafayette County, 1, Week; LI 030: 2 sink wash station - Lafayette County, 1, Week; LI 031: ADA Restroom - Lafayette County, 1, Week; LI 032: Relocation - Lafayette County, 1, LOT; LI 033: Standard Restroom - Levy County, 1, Week; LI 034: 2 sink wash station - Levy County, 1, Week; LI 035: ADA Restroom - Levy County, 1, Week; LI 036: Relocation - Levy County, 1, LOT; LI 037: Standard Restroom - Madison County, 1, Week; LI 038: 2 sink wash station - Madison County, 1, Week; LI 039: ADA Restroom - Madison County, 1, Week; LI 040: Relocation - Madison County, 1, LOT; LI 041: Standard Restroom - Manatee County, 1, Week; LI 042: 2 sink wash station - Manatee County, 1, Week; LI 043: ADA Restroom - Manatee County, 1, Week; LI 044: Relocation - Manatee County, 1, LOT; LI 045: Standard Restroom - Pasco County, 1, Week; LI 046: 2 sink wash station - Pasco County, 1, Week; LI 047: ADA Restroom - Pasco County, 1, Week; LI 048: Relocation - Pasco County, 1, LOT; LI 049: Standard Restroom - Pinellas County, 1, Week; LI 050: 2 sink wash station - Pinellas County, 1, Week; LI 051: ADA Restroom - Pinellas County, 1, Week; LI 052: Relocation - Pinellas County, 1, LOT; LI 053: Standard Restroom - Sarasota County, 1, Week; LI 054: 2 sink wash station - Sarasota County, 1, Week; LI 055: ADA Restroom - Sarasota County, 1, Week; LI 056: Relocation - Sarasota County, 1, LOT; LI 057: Standard Restroom - Suwannee County, 1, Week; LI 058: 2 sink wash station - Suwannee County, 1, Week; LI 059: ADA Restroom - Suwannee County, 1, Week; LI 060: Relocation - Suwannee County, 1, LOT; LI 061: Standard Restroom - Taylor County, 1, Week; LI 062: 2 sink wash station - Taylor County, 1, Week; LI 063: ADA Restroom - Taylor County, 1, Week; LI 064: Relocation - Taylor County, 1, LOT; Option 1 Period of Performance: Determined at Award LI 001: Standard Restroom - Citrus County, 1, Week; LI 002: 2 sink wash station - Citrus County, 1, Week; LI 003: ADA Restroom - Citrus County, 1, Week; LI 004: Relocation - Citrus County, 1, LOT; LI 005: Standard Restroom - Columbia County, 1, Week; LI 006: 2 sink wash station - Columbia County, 1, Week; LI 007: ADA Restroom - Columbia County, 1, Week; LI 008: Relocation - Columbia County, 1, LOT; LI 009: Standard Restroom - Dixie County, 1, Week; LI 010: 2 sink wash station - Dixie County, 1, Week; LI 011: ADA Restroom - Dixie County, 1, Week; LI 012: Relocation - Dixie County, 1, LOT; LI 013: Standard Restroom - Gilchrist County, 1, Week; LI 014: 2 sink wash station - Gilchrist County, 1, Week; LI 015: ADA Restroom - Gilchrist County, 1, Week; LI 016: Relocation - Gilchrist County, 1, LOT; LI 017: Standard Restroom - Hamilton County, 1, Week; LI 018: 2 sink wash station - Hamilton County, 1, Week; LI 019: ADA Restroom - Hamilton County, 1, Week; LI 020: Relocation - Hamilton County, 1, LOT; LI 021: Standard Restroom - Hernando County, 1, Week; LI 022: 2 sink wash station - Hernando County, 1, Week; LI 023: ADA Restroom - Hernando County, 1, Week; LI 024: Relocation - Hernando County, 1, LOT; LI 025: Standard Restroom - Jefferson County, 1, Week; LI 026: 2 sink wash station - Jefferson County, 1, Week; LI 027: ADA Restroom - Jefferson County, 1, Week; LI 028: Relocation - Jefferson County, 1, LOT; LI 029: Standard Restroom - Lafayette County, 1, Week; LI 030: 2 sink wash station - Lafayette County, 1, Week; LI 031: ADA Restroom - Lafayette County, 1, Week; LI 032: Relocation - Lafayette County, 1, LOT; LI 033: Standard Restroom - Levy County, 1, Week; LI 034: 2 sink wash station - Levy County, 1, Week; LI 035: ADA Restroom - Levy County, 1, Week; LI 036: Relocation - Levy County, 1, LOT; LI 037: Standard Restroom - Madison County, 1, Week; LI 038: 2 sink wash station - Madison County, 1, Week; LI 039: ADA Restroom - Madison County, 1, Week; LI 040: Relocation - Madison County, 1, LOT; LI 041: Standard Restroom - Manatee County, 1, Week; LI 042: 2 sink wash station - Manatee County, 1, Week; LI 043: ADA Restroom - Manatee County, 1, Week; LI 044: Relocation - Manatee County, 1, LOT; LI 045: Standard Restroom - Pasco County, 1, Week; LI 046: 2 sink wash station - Pasco County, 1, Week; LI 047: ADA Restroom - Pasco County, 1, Week; LI 048: Relocation - Pasco County, 1, LOT; LI 049: Standard Restroom - Pinellas County, 1, Week; LI 050: 2 sink wash station - Pinellas County, 1, Week; LI 051: ADA Restroom - Pinellas County, 1, Week; LI 052: Relocation - Pinellas County, 1, LOT; LI 053: Standard Restroom - Sarasota County, 1, Week; LI 054: 2 sink wash station - Sarasota County, 1, Week; LI 055: ADA Restroom - Sarasota County, 1, Week; LI 056: Relocation - Sarasota County, 1, LOT; LI 057: Standard Restroom - Suwannee County, 1, Week; LI 058: 2 sink wash station - Suwannee County, 1, Week; LI 059: ADA Restroom - Suwannee County, 1, Week; LI 060: Relocation - Suwannee County, 1, LOT; LI 061: Standard Restroom - Taylor County, 1, Week; LI 062: 2 sink wash station - Taylor County, 1, Week; LI 063: ADA Restroom - Taylor County, 1, Week; LI 064: Relocation - Taylor County, 1, LOT; Option 2 Period of Performance: Determined at Award LI 001: Standard Restroom - Citrus County, 1, Week; LI 002: 2 sink wash station - Citrus County, 1, Week; LI 003: ADA Restroom - Citrus County, 1, Week; LI 004: Relocation - Citrus County, 1, LOT; LI 005: Standard Restroom - Columbia County, 1, Week; LI 006: 2 sink wash station - Columbia County, 1, Week; LI 007: ADA Restroom - Columbia County, 1, Week; LI 008: Relocation - Columbia County, 1, LOT; LI 009: Standard Restroom - Dixie County, 1, Week; LI 010: 2 sink wash station - Dixie County, 1, Week; LI 011: ADA Restroom - Dixie County, 1, Week; LI 012: Relocation - Dixie County, 1, LOT; LI 013: Standard Restroom - Gilchrist County, 1, Week; LI 014: 2 sink wash station - Gilchrist County, 1, Week; LI 015: ADA Restroom - Gilchrist County, 1, Week; LI 016: Relocation - Gilchrist County, 1, LOT; LI 017: Standard Restroom - Hamilton County, 1, Week; LI 018: 2 sink wash station - Hamilton County, 1, Week; LI 019: ADA Restroom - Hamilton County, 1, Week; LI 020: Relocation - Hamilton County, 1, LOT; LI 021: Standard Restroom - Hernando County, 1, Week; LI 022: 2 sink wash station - Hernando County, 1, Week; LI 023: ADA Restroom - Hernando County, 1, Week; LI 024: Relocation - Hernando County, 1, LOT; LI 025: Standard Restroom - Jefferson County, 1, Week; LI 026: 2 sink wash station - Jefferson County, 1, Week; LI 027: ADA Restroom - Jefferson County, 1, Week; LI 028: Relocation - Jefferson County, 1, LOT; LI 029: Standard Restroom - Lafayette County, 1, Week; LI 030: 2 sink wash station - Lafayette County, 1, Week; LI 031: ADA Restroom - Lafayette County, 1, Week; LI 032: Relocation - Lafayette County, 1, LOT; LI 033: Standard Restroom - Levy County, 1, Week; LI 034: 2 sink wash station - Levy County, 1, Week; LI 035: ADA Restroom - Levy County, 1, Week; LI 036: Relocation - Levy County, 1, LOT; LI 037: Standard Restroom - Madison County, 1, Week; LI 038: 2 sink wash station - Madison County, 1, Week; LI 039: ADA Restroom - Madison County, 1, Week; LI 040: Relocation - Madison County, 1, LOT; LI 041: Standard Restroom - Manatee County, 1, Week; LI 042: 2 sink wash station - Manatee County, 1, Week; LI 043: ADA Restroom - Manatee County, 1, Week; LI 044: Relocation - Manatee County, 1, LOT; LI 045: Standard Restroom - Pasco County, 1, Week; LI 046: 2 sink wash station - Pasco County, 1, Week; LI 047: ADA Restroom - Pasco County, 1, Week; LI 048: Relocation - Pasco County, 1, LOT; LI 049: Standard Restroom - Pinellas County, 1, Week; LI 050: 2 sink wash station - Pinellas County, 1, Week; LI 051: ADA Restroom - Pinellas County, 1, Week; LI 052: Relocation - Pinellas County, 1, LOT; LI 053: Standard Restroom - Sarasota County, 1, Week; LI 054: 2 sink wash station - Sarasota County, 1, Week; LI 055: ADA Restroom - Sarasota County, 1, Week; LI 056: Relocation - Sarasota County, 1, LOT; LI 057: Standard Restroom - Suwannee County, 1, Week; LI 058: 2 sink wash station - Suwannee County, 1, Week; LI 059: ADA Restroom - Suwannee County, 1, Week; LI 060: Relocation - Suwannee County, 1, LOT; LI 061: Standard Restroom - Taylor County, 1, Week; LI 062: 2 sink wash station - Taylor County, 1, Week; LI 063: ADA Restroom - Taylor County, 1, Week; LI 064: Relocation - Taylor County, 1, LOT; Solicitation and Buy Attachments ***Question Submission: Interested Sellers 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, DHS Federal Emergency Management Agency intends to document bids online to be facilitated by the third-party Marketplace, Unison Marketplace. Unison Marketplace has developed an online, anonymous, browser based application to document pricing. Sellers may submit bids during the specified period of time. DHS Federal Emergency Management Agency 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 Sellers 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.Sellers that are not currently registered to use https://marketplace.unisonglobal.com should proceed to https://marketplace.unisonglobal.com to complete their free registration. Sellers that require special considerations or assistance may contact Marketplace Support at 1.877.933.3243 or via email at marketplacesupport@unisonglobal.com. Sellers 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 Sellers 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. Attachment 2 (pricing sheet) is reserved for future inclusion but not part of this solicitation. The Government intends to award a Blanket Purchase Agreement (BPA) with a fixed price call orders. The Government plans to award multiple BPAs but reserve the right to award only one at the governments discretion. The Government reserves the right to award multiple contracts for this requirement. For this requirement partial bidding is allowed, meaning you may provide pricing some or all counties included in this BPA. Please use the included in line item feature for the line items/counties that you cannot supply. The Government will be obligated only to the extent of authorized call orders issued under the BPA. Individual call orders shall not exceed $45,000.00. A list of individuals authorized to make purchases under the BPA shall be furnished to the contractor by the Contracting Officer. Unless the Buyer indicates otherwise within a particular line item description, each Seller shall include in its online Bid individual pricing for all required line items in order to be considered for award (i.e., Do not use the Included in another line item function when pricing each line item). If a line item cannot be separately priced, you must notify the buyer through the Unison Submit a Question feature regarding which line item(s) should be included in which other line item(s) and request reposting. Failure to comply with this term may result in the Bid being determined to be non-responsive. Bid MUST be good for 30 calendar days after close of Buy. Shipping must be free on board (FOB) destination CONUS (Continental U.S.), which means that the seller must deliver the goods on its conveyance at the destination specified by the buyer, and the seller is responsible for the cost of shipping and risk of loss prior to actual delivery at the specified destination. This solicitation requires registration with the System for Award Management (SAM) at the time an offer or quotation is submitted, excluding the exceptions outlined in FAR 4.1102(a). Registration information can be found at www.sam.gov. No partial shipments are permitted unless specifically authorized at the time of award. Delivery must be made within 30 days or less after receipt of order (ARO). The offeror must provide within its offer the number of days - not to exceed 30 - required to make delivery after it receives a purchase order from the buyer. Unless otherwise noted. The selected Offeror must comply with the following commercial item terms and conditions, which are incorporated herein by reference: FAR 52.212-1, Instructions to Offerors - Commercial Items, applies to this acquisition; FAR 52.212-3, Offeror Representations and Certifications - Commercial Items - the selected offeror must submit a completed copy of the listed representations and certifications; FAR 52.212-4, Contract Terms and Conditions - Commercial Items; FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items, paragraph (a) and the following clauses in paragraph (b): 52.222-21, 52.222-26, 52.222-35, 52.222-36, 52.222-37, 52.225-13, 52.232-34. The full text of the referenced FAR clauses may be accessed electronically at https://www.acquisition.gov/far/. FAR 52.212-4, Contract Terms and Conditions - Commercial Items; FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items, paragraph (a) and the following clauses in paragraph (b): 52.222-21, 52.222-26, 52.222-35, 52.222-36, 52.222-37, 52.225-13, 52.232-34. The full text of the referenced FAR clauses may be accessed electronically at http://www.acqnet.gov/far. Q&A -Please submit all questions by using the 'Submit a Question' button. This buy will then be reposted with Q&A based on the questions that come in (if applicable). 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. Submissions can be sent to marketplacesupport@unisonglobal.com. For all buys other than Exact Match Sellers MUST document what they are bidding for evaluation for award. Sellers must include, extended specs and/or manufacturer name and part numbers (if applicable). Failure to do this may be cause for termination. This information is REQUIRED in order for a sellers bid to be deemed 'responsive' and to be considered for award. FAR 52.211-6. (a)Definitions. As used in this clauseCovered article means any hardware, software, or service that(1)Is developed or provided by a covered entity;(2)Includes any hardware, software, or service developed or provided in whole or in part by a covered entity; or(3)Contains components using any hardware or software developed in whole or in part by a covered entity.Covered entity means(1)Kaspersky Lab;(2)Any successor entity to Kaspersky Lab;(3)Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or(4)Any entity of which Kaspersky Lab has a majority ownership.(b)Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits Government use of any covered article. The Contractor is prohibited from(1)Providing any covered article that the Government will use on or after October 1, 2018; and(2)Using any covered article on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the contract.(c)Reporting requirement.(1)In the event the Contractor identifies covered article provided to the Government 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, in writing, via email, to the Contracting Officer, Contracting Officers Representative, and the Enterprise Security Operations Center (SOC) at NDAA_Incidents@hq.dhs.gov, with required information in the body of the email. In the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Enterprise SOC, Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) and Contracting Officers Representative(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.(2)The Contractor shall report the following information pursuant to paragraph (c)(1) of this clause:(i)Within 1 business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; brand; model number (Original Equipment Manufacturer (OEM) number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.(ii)Within 10 business days of submitting the report pursuant to paragraph (c)(1) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of a covered article, any reasons that led to the use or submission of the covered article, and any additional efforts that will be incorporated to prevent future use or submission of covered articles.(c) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts, including subcontracts for the acquisition of commercial items.(End of clause) 52.20424 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. As prescribed in 4.2105(a), insert the following provision: Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (AUG 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 the provision at 52.20426, Covered Telecommunications Equipment or ServicesRepresentation, or in paragraph (v) of the provision at 52.2123, 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 52.20425, 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. 115232) 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. 115232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to (i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles. (c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https:// www.sam.gov) for entities excluded from receiving federal awards for covered telecommunications equipment or services. (d) Representations. The Offeror represents that (1) It [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds will in paragraph (d)(1) of this section; and (2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that It [ ] does, [ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds does in paragraph (d)(2) of this section.(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded will in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer: (i) For covered equipment (A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known); (B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and (C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision. (ii) For covered services (A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or (B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision. (2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded does in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer: (i) For covered equipment (A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known); (B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and (C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision. (ii) For covered services (A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or (B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision. (a) Definitions. As used in this clauseBackhaul 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 Peoples 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 anothers 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 entitys possession about t...
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