SAMDaily.us | PRESOL | J | Open, Inspect, Report and Overhaul, core Assembly, Fluid Cooler

SAMDAILY.US - ISSUE OF JULY 03, 2024 SAM #8254
SOLICITATION NOTICE

J -- Open, Inspect, Report and Overhaul, core Assembly, Fluid Cooler

Notice Date: 7/1/2024 11:55:28 AM
Notice Type: Combined Synopsis/Solicitation
NAICS: 811310 — Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance
Contracting Office: SFLC PROCUREMENT BRANCH 1(00080) NORFOLK VA 23510 USA
ZIP Code: 23510
Solicitation Number: 70Z08024QCV302
Response Due: 7/9/2024 7:00:00 AM
Archive Date: 07/24/2024
Point of Contact: DONNA SCANDALIATO, Phone: 4107626259
E-Mail Address: DONNA.M.SCANDALIATO@USCG.MIL
(DONNA.M.SCANDALIATO@USCG.MIL)
Description: The United States Coast Guard Surface Forces Logistics Center has a requirement to Open, Inspect, Report and Possible Overhaul of the below item and is requesting quotations: 1. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format outlined in FAR Subpart 12.6, and 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.� 2. Solicitation Number 70Z04024QCV302 is issued as a request for quotation (RFQ). This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2024-05, dated May 2024.� It is anticipated that a competitive price purchase order shall be awarded because of this synopsis/solicitation.� All responsible sources may submit a quotation which if timely received, shall be considered by this agency. 3. This acquisition will be issued under NAICS 811310. 4.�� NSN:�� 4420-01-620-8345, Core Assembly, Fluid Cooler OEM: Cummins, Inc. PN: �� 4989471 QTY: � 8 EA Open, Inspect, Report with possible repair in accordance with the Overhaul Description and OEM Specs.� Inspection Cost $__________ EACH (this cost will be paid if items are beyond economic repair) Firm Fixed Repair Price $___________ EACH. 5. These parts are used for the U. S. Coast Guard Medium Endurance Product Line. �Substitute parts or part numbers are NOT acceptable.� The USCG does not own the rights to the proprietary data and therefore cannot provide drawings, specifications, or schematics for these parts.� It is the Government�s belief that only Cummins Inc. and or their authorized repair facility can obtain the required technical and engineering data, and genuine OEM parts, required to successfully repair these items.� Concerns having the expertise and required capabilities to repair these items are invited to submit complete information discussing the same with three (3) calendar days from the day this notice is posted.� The information submitted must include a letter from the OEM verifying the offeror is an authorized repair facility and verifying the OEM will supply only genuine OEM parts. 6. Packing and Marking: Each Core Assembly shall be packaged individually in a skid mounted framed in wooden crate capable of providing maximum protection from damage during long term warehouse storage and multiple commercial shipments worldwide. The crate shall be manufactured using ring type nails or wood screws. The crate lid shall be secured using corrosion resistant wood screws. Each Core Assembly shall be secured to the skid mounted crate or packed in such a way to prevent any movement and damage. Marking - The marking described herein shall be placed on the longest two sides of each box (on opposite ends). All markings shall be done via machine-made stencils where applicable. The lettering shall be at least 1/2"" high, in permanent black print lettering on a painted white background. NOTE: ALL PREVIOUS MARKINGS AND / OR QUALITY ASSURANCE DECALS SHALL BE COMPLETELY REMOVED FROM THE REUSABLE SHIPPING CONTAINER PRIOR TO THE APPLICATION OF ANY NEW MARKINGS. NATIONAL STOCK NUMBER: NSN: 4420-01-620-8345 ITEM NAME: CORE ASSEMBLY, FLUID PART NUMBER: 5566835 CONTRACT NUMBER: SEE CONTRACT SERIAL NUMBER: CONTRACTOR PROVIDE SHIPPING WEIGHT: CONTRACTOR PROVIDE THE FOLLOWING STATEMENT: COAST GUARD SFLC MATERIAL CONDITION ""A"", 1 EA �7. Delivery: Delivery is required 24 AUG 24.� Please provide your proposed delivery to address below.�� Deliveries are to be made Monday through Friday between the hours of 7:00 am to 1:00 pm. Delivery shall be F.O.B. Destination to: United States Coast Guard (SFLC) Receiving Room, Bldg. #88 2401 Hawkins Point Road Baltimore, MD 21226. Estimated Delivery date: _________________ 8. Inspection and Acceptance: F.O.B. DESTINATION Inspection and acceptance shall take place after verification of preservation, Individual packaging and marking requirements and confirmation of no damage during transit. Failure to comply with packaging requirements will result in rejection and nonpayment. The provision at 52.212-1, Instructions to Offerors-Commercial, applies to this acquisition.� In addition, the following language applies to this provision: 9. Multiple awards will not be made. Vendor shall provide an all-or-nothing quote for the requirement identified in (5) above. 10. Award will be made to the lowest price offeror, that is deemed technical acceptable.� The Contractor shall provide a TOTAL FIRM FIXED PRICE WITH INSPECTION FEE for all necessary equipment and shipping cost to addresses shown under delivery. Vendor must be registered at https://www.sam.gov prior to quote submittal. Each Offeror�s record in FAPIIS will be reviewed prior to award.� Award will not be made to any offeror who has any adverse financial information or exclusions. 11. Offerors shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services (FEB 2024), with their offer, if this information is not already included in https://www.sam.gov. 12. The clause at 52.212-4, Contract Terms and Conditions-Commercial Items (NOV 2023), applies to this acquisition. 13. FAR 52.212-5 Contract Terms and Conditions Required to Implement Statues or Executive Orders-Commercial Product and Commercial Services (FEB 2024) (a)�The Contractor�shall�comply with the following Federal�Acquisition�Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to�acquisitions�of�commercial products�and�commercial services: (1)�52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements�(Jan 2017)�(section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (2)�52.204-23, Prohibition on�Contracting�for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities�(Dec 2023)�(Section 1634 of Pub. L. 115-91). (3)�52.204-25, Prohibition on�Contracting�for Certain Telecommunications and Video Surveillance Services or Equipment.�(Nov 2021)�(Section 889(a)(1)(A) of Pub. L. 115-232). (4)�52.209-10, Prohibition on�Contracting�with Inverted Domestic Corporations�(Nov 2015). (5)�52.232-40, Providing Accelerated Payments to�Small Business Subcontractors�(Mar 2023)�(�31 U.S.C. 3903�and�10 U.S.C. 3801). (6)��52.233-3, Protest After Award�(Aug 1996)�(�31�U.S.C.�3553). (7)��52.233-4, Applicable Law for Breach of Contract�Claim�(Oct 2004)�(Public Laws 108-77 and 108-78 (�19�U.S.C.�3805�note)). (b)�The Contractor�shall�comply with the FAR clauses in this paragraph (b) that the�Contracting Officer�has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to�acquisitions�of�commercial products�and�commercial services: [Contracting Officer�check as appropriate.] X�(1)�52.203-6, Restrictions on Subcontractor Sales to the Government�(Jun 2020),�with�Alternate�I�(Nov 2021)�(�41�U.S.C.�4704�and�10 U.S.C. 4655). __�(2)�52.203-13, Contractor Code of Business Ethics and Conduct�(Nov 2021)�(�41�U.S.C.�3509)). __�(3)�52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009�(Jun 2010)�(Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) __�(4)�52.203-17, Contractor Employee Whistleblower Rights�(Nov 2023)�(�41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community�see FAR�3.900(a). __�(5)�52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards�(Jun 2020)�(Pub. L. 109-282) (�31�U.S.C.�6101�note). __�(6)�[Reserved]. __�(7)�52.204-14, Service Contract Reporting Requirements�(Oct 2016)�(Pub. L. 111-117, section 743 of Div. C). __�(8)�52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts�(Oct 2016)�(Pub. L. 111-117, section 743 of Div. C). __�(9)�52.204-27, Prohibition on a ByteDance Covered Application�(Jun 2023)�(Section 102 of Division R of Pub. L. 117-328). __�(10)�52.204-28, Federal�Acquisition�Supply Chain Security Act Orders�Federal Supply Schedules, Governmentwide�Acquisition�Contracts, and Multi-Agency Contracts.�(Dec 2023)�(�Pub. L. 115�390, title II). __�(11)�(i)�52.204-30, Federal�Acquisition�Supply Chain Security Act Orders�Prohibition.�(Dec 2023)�(�Pub. L. 115�390, title II). __�(ii)�Alternate�I�(Dec 2023)�of 52.204�30. X�(12)�52.209-6, Protecting the Government�s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for�Debarment.�(Nov 2021)�(�31�U.S.C.�6101�note). __�(13)�52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters�(Oct 2018)�(�41�U.S.C.�2313). __�(14)�[Reserved]. __�(15)�52.219-3, Notice of�HUBZone�Set-Aside or Sole-Source Award (Oct 2022) (�15�U.S.C.�657a). __�(16)�52.219-4, Notice of Price Evaluation Preference for�HUBZone�Small Business Concerns (Oct 2022) (if the�offeror�elects to waive the preference, it�shall�so indicate in its�offer) (�15�U.S.C.�657a). __�(17)�[Reserved] __�(18)�(i)�52.219-6, Notice of Total Small Business Set-Aside�(Nov 2020)�(�15�U.S.C.�644). __�(ii)�Alternate�I�(Mar 2020)�of�52.219-6. __�(19)�(i)�52.219-7, Notice of Partial Small Business Set-Aside�(Nov 2020)�(�15�U.S.C.�644). __�(ii)�Alternate�I�(Mar 2020)�of�52.219-7. __�(20)�52.219-8, Utilization of Small Business Concerns (Feb 2024) (�15�U.S.C.�637(d)(2)�and (3)). __�(21)�(i)�52.219-9, Small Business Subcontracting Plan (Sep 2023) (�15�U.S.C.�637(d)(4)). __�(ii)�Alternate�I�(Nov 2016)�of�52.219-9. __�(iii)�Alternate�II�(Nov 2016)�of�52.219-9. __�(iv)�Alternate�III�(Jun 2020)�of�52.219-9. __�(v)�Alternate�IV (Sep 2023) of�52.219-9. __�(22)�(i)�52.219-13, Notice of Set-Aside of Orders�(Mar 2020)�(�15�U.S.C.�644(r)). __�(ii)�Alternate�I�(Mar 2020)�of�52.219-13. __�(23)�52.219-14, Limitations on Subcontracting (Oct 2022) (�15�U.S.C.�637s). __�(24)�52.219-16, Liquidated Damages�Subcontracting Plan�(Sep 2021)�(�15�U.S.C.�637(d)(4)(F)(i)). __�(25)�52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (Feb 2024) (�15�U.S.C.�657f). __�(26)�(i)�52.219-28, Post Award Small Business Program Rerepresentation (Feb 2024) (�15�U.S.C.�632(a)(2)). __�(ii)�Alternate�I�(Mar 2020)�of�52.219-28. __�(27)�52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged�Women-Owned Small Business Concerns�(Oct 2022) (�15�U.S.C.�637(m)). __�(28)�52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) (�15�U.S.C.�637(m)). __�(29)�52.219-32, Orders Issued Directly Under Small Business Reserves�(Mar 2020)�(�15�U.S.C.�644(r)). __�(30)�52.219-33, Nonmanufacturer Rule�(Sep 2021)�(�15U.S.C. 637(a)(17)). X�(31)�52.222-3, Convict Labor�(Jun 2003)�(E.O.11755). X�(32)�52.222-19, Child Labor-Cooperation with Authorities and Remedies�(Feb 2024). X (33)�52.222-21, Prohibition of Segregated Facilities�(Apr 2015). X�(34)�(i)�52.222-26, Equal Opportunity�(Sep 2016)�(E.O.11246). __�(ii)�Alternate�I�(Feb 1999)�of�52.222-26. __�(35)�(i)�52.222-35, Equal Opportunity for Veterans�(Jun 2020)�(�38�U.S.C.�4212). __�(ii)�Alternate�I�(Jul 2014)�of�52.222-35. X�(36)�(i)�52.222-36, Equal Opportunity for Workers with Disabilities�(Jun 2020)�(�29�U.S.C.�793). __�(ii)�Alternate�I�(Jul 2014)�of�52.222-36. __�(37)�52.222-37, Employment Reports on Veterans (Jun 2020) (�38�U.S.C.�4212). __�(38)�52.222-40, Notification of Employee Rights Under the National Labor Relations Act�(Dec 2010)�(E.O. 13496). __�(39)�(i)�52.222-50, Combating Trafficking in Persons�(Nov 2021)�(�22�U.S.C.�chapter�78�and E.O. 13627). __�(ii)�Alternate�I�(Mar 2015)�of�52.222-50�(�22�U.S.C.�chapter�78�and E.O. 13627). X�(40)�52.222-54, Employment Eligibility Verification�(May�2022)�(Executive Order 12989). (Not applicable to the�acquisition�of commercially available off-the-shelf items or certain other types of�commercial products�or�commercial services�as prescribed in FAR�22.1803.) __�(41)�(i)�52.223-9, Estimate of Percentage of�Recovered Material�Content for EPA�Designated Items (May�2008) (�42�U.S.C.�6962(c)(3)(A)(ii)). (Not applicable to the�acquisition�of commercially available off-the-shelf items.) __�(ii)�Alternate�I�(May�2008)�of�52.223-9�(�42�U.S.C.�6962(i)(2)(C)). (Not applicable to the�acquisition�of commercially available off-the-shelf items.) __�(42)�52.223-11,�Ozone-Depleting Substances�and�High Global Warming Potential Hydrofluorocarbons�(Jun 2016) (E.O. 13693). __�(43)�52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners�(Jun 2016)�(E.O. 13693). __�(44)�(i)�52.223-13,�Acquisition�of EPEAT�-Registered Imaging Equipment�(Jun 2014)�(E.O.s 13423 and 13514). __�(ii)�Alternate�I�(Oct 2015)�of�52.223-13. __�(45)�(i)�52.223-14,�Acquisition�of EPEAT�-Registered Televisions�(Jun 2014)�(E.O.s 13423 and 13514). __�(ii)�Alternate�I (Jun2014) of�52.223-14. __�(46)�52.223-15, Energy Efficiency in Energy-Consuming�Products�(May�2020)�(�42�U.S.C.�8259b). __�(47)�(i)�52.223-16,�Acquisition�of EPEAT�-Registered Personal Computer�Products�(Oct 2015)�(E.O.s 13423 and 13514). __�(ii)�Alternate�I�(Jun 2014)�of�52.223-16. X�(48)�52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving�(Jun 2020)�(E.O. 13513). __�(49)�52.223-20, Aerosols�(Jun 2016)�(E.O. 13693). __�(50)�52.223-21, Foams (Jun2016) (E.O. 13693). __�(51)�(i)�52.224-3�Privacy Training�(Jan 2017)�(5 U.S.C. 552 a). __�(ii)�Alternate�I�(Jan 2017)�of�52.224-3. __�(52)�(i)�52.225-1, Buy American-Supplies�(Oct 2022)�(�41�U.S.C.�chapter�83). __�(ii)�Alternate�I�(Oct 2022)�of�52.225-1. X�(53)�(i)�52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act�(NOV 2023)�(�19 U.S.C. 3301 note,�19 U.S.C. 2112 note,�19 U.S.C. 3805 note,�19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43. __�(ii)�Alternate�I [Reserved]. __�(iii)�Alternate�II�(Dec�2022)�of�52.225-3. __�(iv)�Alternate�III�(NOV 2023)�of�52.225-3. __�(v)�Alternate�IV (Oct 2022) of�52.225-3. __�(54)�52.225-5, Trade Agreements�(NOV 2023)�(�19�U.S.C.�2501,�et seq.,�19�U.S.C.�3301�note). X�(55)�52.225-13, Restrictions on Certain Foreign Purchases�(Feb 2021)�(E.O.�s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). __�(56)�52.225-26, Contractors Performing Private Security Functions Outside the�United States�(Oct 2016) (Section 862, as amended, of the�National Defense�Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note). __�(57)�52.226-4, Notice of Disaster or�Emergency�Area Set-Aside (Nov 2007) (�42�U.S.C.�5150). __�(58)�52.226-5, Restrictions on Subcontracting Outside Disaster or�Emergency�Area (Nov2007) (�42�U.S.C.�5150). __�(59)�52.229-12, Tax on Certain Foreign�Procurements�(Feb 2021). __�(60)�52.232-29, Terms for Financing of Purchases of�Commercial Products�and�Commercial Services�(Nov 2021)�(�41�U.S.C.�4505,�10 U.S.C. 3805). __�(61)�52.232-30, Installment Payments for�Commercial Products�and�Commercial Services�(Nov 2021)�(�41�U.S.C.�4505,�10 U.S.C. 3805). X�(62)�52.232-33, Payment by�Electronic Funds Transfer-System for Award Management�(Oct2018)�(�31�U.S.C.�3332). __�(63)�52.232-34, Payment by�Electronic Funds Transfer-Other than�System for Award Management�(Jul 2013) (�31�U.S.C.�3332). __�(64)�52.232-36, Payment by Third Party�(May�2014)�(�31�U.S.C.�3332). __�(65)�52.239-1, Privacy or Security Safeguards�(Aug 1996)�(�5�U.S.C.�552a). __�(66)�52.242-5, Payments to�Small Business Subcontractors�(Jan 2017)�(�15�U.S.C.�637(d)(13)). __�(67)�(i)�52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels�(Nov 2021)�(�46 U.S.C. 55305�and�10�U.S.C.�2631). __�(ii)�Alternate�I�(Apr 2003)�of�52.247-64. __�(iii)�Alternate�II�(Nov 2021)�of�52.247-64. (c)�The Contractor�shall�comply with the FAR clauses in this paragraph (c), applicable to�commercial services, that the�Contracting Officer�has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to�acquisitions�of�commercial products�and�commercial services: [Contracting Officer�check as appropriate.] X�(1)�52.222-41, Service Contract Labor Standards�(Aug 2018)�(�41�U.S.C.�chapter67). X�(2)�52.222-42, Statement of Equivalent Rates for Federal Hires�(May�2014)�(�29�U.S.C.�206�and�41�U.S.C.�chapter�67). __�(3)�52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and�Option�Contracts)�(Aug 2018)�(�29�U.S.C.�206�and�41�U.S.C.�chapter�67). __�(4)�52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May�2014) (�29U.S.C.206��and�41�U.S.C.�chapter�67). __�(5)�52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May�2014) (�41�U.S.C.�chapter�67). __�(6)�52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements�(May�2014)�(�41�U.S.C.�chapter�67). __�(7)�52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026�(Jan 2022). __�(8)�52.222-62, Paid Sick Leave Under Executive Order 13706�(Jan 2022)�(E.O. 13706). __�(9)�52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (�42�U.S.C.�1792). (d)�Comptroller General Examination of Record. The Contractor�shall�comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the�simplified acquisition threshold, as defined in FAR�2.101, on the date of award of this contract, and does not contain the clause at�52.215-2, Audit and Records-Negotiation. (1)�The Comptroller General of the�United States, or an authorized representative of the Comptroller General,�shall�have access to and right to examine any of the Contractor�s directly pertinent records involving transactions related to this contract. (2)�The Contractor�shall�make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart�4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated�shall�be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of�claims�arising under or relating to this contract�shall�be made available until such appeals, litigation, or�claims�are finally resolved. (3)�As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e)�(1)�Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for�commercial products�or commercial services. Unless otherwise indicated below, the extent of the flow down�shall�be as required by the clause- (i)�52.203-13, Contractor Code of Business Ethics and Conduct�(Nov 2021)�(�41�U.S.C.�3509). (ii)�52.203-17, Contractor Employee Whistleblower Rights�(Nov 2023)�(�41 U.S.C. 4712). (iii)�52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (iv)�52.204-23, Prohibition on�Contracting�for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities�(Dec 2023)�(Section 1634 of Pub. L. 115-91). (a)�Definitions. As used in this clause� Kaspersky Lab covered article�means any hardware, software, or service that� (1)�Is developed or provided by a�Kaspersky Lab covered entity; (2)�Includes any hardware, software, or service developed or provided in whole or in part by a�Kaspersky Lab covered entity; or (3)�Contains�components�using any hardware or software developed in whole or in part by a�Kaspersky Lab covered entity. Kaspersky Lab covered entity�means� (1)�Kaspersky Lab; (2)�Any successor entity to Kaspersky Lab, including any change in name, e.g., �Kaspersky�; (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�Kaspersky Lab covered article. The Contractor is prohibited from� (1)�Providing any�Kaspersky Lab covered article�that the Government will use on or after October 1, 2018; and (2)�Using any�Kaspersky Lab 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 Contractoridentifies a�Kaspersky Lab covered article�provided to the Government during contract performance, or the Contractor is notified of such by a subcontractor at any tier or any other source, the Contractor�shall�report,�in writing, to the�Contracting Officer�or, in the case of the Department of Defense, to the website at�https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor�shall�report to the�Contracting Officer�for the indefinite delivery contract and the�Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at�https://dibnet.dod.mil. (2)�The Contractor�shall�report the following information pursuant to paragraph (c)(1) of this clause: (i)�Within 3 business days 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�Kaspersky Lab covered article, any reasons that led to the use or submission of the�Kaspersky Lab covered article, and any additional efforts that will be incorporated to prevent future use or submission of�Kaspersky Lab covered articles. (d)�Subcontracts. The Contractor�shall�insert the substance of this clause, including this paragraph (d), in all subcontracts including subcontracts for the�acquisition�of�commercial products�or�commercial services. (v)�52.204-25, Prohibition on�Contracting�for Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)(Section 889(a)(1)(A) of Pub. L. 115-232. Definitions. As used in this clause- Backhaul�means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet). Covered foreign country�means The People�s Republic of China. Covered telecommunications equipment or services�means� (1)�Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); (2)�For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); (3)�Telecommunications or video surveillance services provided by such entities or using such equipment; or (4)�Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a�covered foreign country. Critical technology�means� (1)�Defense articles or defense services included on the�United States�Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations; (2)�Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled- (i)�Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or (ii)�For reasons relating to regional stability or surreptitious listening; (3)�Specially designed and prepared nuclear equipment, parts and�components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities); (4)�Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material); (5)�Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or (6)�Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817). Interconnection arrangements�means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources. Reasonable inquiry�means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of�covered telecommunications equipment or services�used by the entity that excludes the need to include an internal or third-party audit. Roaming�means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high. Substantial or essential component�means any�component�necessary for the proper function or performance of a piece of equipment, system, or service. (b)�Prohibition. �(1)�Section 889(a)(1)(A) of the John S. McCain�National Defense�Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an�executive agency�on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses�covered telecommunications equipment or services�as a�substantial or essential component�of any system, or as�critical technology�as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses�covered telecommunications equipment or services�as a�substantial or essential component�of any system, or as�critical technology�as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR�4.2104. (2)�Section 889(a)(1)(B) of the John S. McCain�National Defense�Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an�executive agency�on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses�covered telecommunications equipment or services�as a�substantial or essential component�of any system, or as�critical technology�as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR�4.2104. This prohibition applies to the use of�covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. (c)�Exceptions.�This clause does not prohibit contractors fromproviding� (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�report to the website at�https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor�shall�report to the�Contracting Officer�for the indefinite delivery contract and the�Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at�https://dibnet.dod.mil. (2)�The Contractor�shall�report the following information pursuant to paragraph (d)(1) of this clause �� (i)�Within one business�day�from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier�unique entity identifier�(if known); supplier�Commercial and Government Entity (CAGE) code�(if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii)�Within 10 business days of submitting the information in par...
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