SAMDaily.us | SNOTE | 17 | NOAA AOC GULFSTREAM PLANE BOOK SUB

SAMDAILY.US - ISSUE OF MAY 31, 2020 SAM #6758
SPECIAL NOTICE

17 -- NOAA AOC GULFSTREAM PLANE BOOK SUB

Notice Date: 5/29/2020 6:53:32 AM
Notice Type: Special Notice
NAICS: 336411 — Aircraft Manufacturing
Contracting Office: DEPT OF COMMERCE NOAA KANSAS CITY MO 64106 USA
ZIP Code: 64106
Solicitation Number: NMAN6000-20-01191
Response Due: 6/5/2020 5:00:00 AM
Archive Date: 06/20/2020
Point of Contact: Christopher Baker
E-Mail Address: Christopher.Baker@noaa.gov
(Christopher.Baker@noaa.gov)
Description: NOTICE OF INTENT TO NEGOTIATE A SOLE-SOURCE CONTRACT � The US Department of Commerce (DOC), National Oceanic and Atmospheric Administration (NOAA), Office of Marine and Aviation Operations (OMAO), Aircraft Operations Center requires a recurring subscription of electronic checklist and aircraft technical publication data to NOAA Air Operations Center Aircraft N49RF, Gulfstream IV model aircraft. The service will be conducted by: Gulfstream Aerospace Corporation, P.O. Box 730349, Dallas, Texas 75373-0349. To provide GIV-PlaneBook Software-App, Annual Renewal for: 06/16/2020 -- 06/16/2021, AC Serial No./Tail No.: 1246 / N49RF. . The North American Industry Classification Code (NAICS) for this acquisition is 336411, Aircraft Manufacturing; the small business size standard is 1,500 Employees. GIV-OL2A-APP Annual renewal for 6/16/2020-6/16/2021, for AC Serial No. 1246 / N49RF The Government is not aware of any other vendors that are authorized to provide, service, or support of any Gulfstream Aerospace software without compromising OEM delivery, or additional markups. The Government intends to acquire this service under the guidelines of FAR Part 13, Simplified Acquisitions Procedures and FAR Part 12, Commercial Items. The Government intends to solicit and negotiate directly with Gulfstream Aerospace Corporation, under the authority of FAR 13.106-1(b)(1)(i). This is not a solicitation for competitive quotes. However, if any authorized party that can provide this subscription/licensing without compromising manufacturing delivery or mark ups may submit a statement of capabilities, which if in timely received, will be considered by NOAA OMAO. A statement of capabilities to include the detailed service including manufacture authorization, and OEM agreement, and a price list, this shall be received by 5:00pm EST on June 5, 2020. A determination by the Government not to compete this proposed requirement is based upon responses to this notice and it is solely within the discretion of the Government. Information received will normally be considered solely for the purpose of determining whether to conduct a competitive procurement in the future. Evidence must be provided of the required service while also be authorized by the manufacture. The capability statement, a price list and any other information furnished must be in writing and must contain material in sufficient detail to allow the Government to determine if the party can meet all of the system requirements. Capability statements and related materials must be e-mailed to Christopher Baker at Christopher.Baker@noaa.gov by 5:00pm EST on June 5, 2020.� CONTRACT CLAUSES 52.212-5�Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items. As prescribed in�12.301(b)(4), insert the following clause: Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Mar�2020) ��(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 items: ��(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 and Other Covered Entities�(Jul 2018)�(Section 1634 of Pub. L. 115-91). ��(3)�52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.�(Aug 2019)�(Section 889(a)(1)(A) of Pub. L. 115-232). ��(4)�52.209-10, Prohibition on Contracting with Inverted Domestic Corporations�(Nov 2015). ��(5)�52.233-3, Protest After Award�(Aug 1996)�(31�U.S.C.�3553). ��(6)�52.233-4, Applicable Law for Breach of Contract Claim�(Oct 2004)�(Public Laws 108-77 and 108-78 (19�U.S.C.�3805note)). ��(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 items: ��[Contracting Officer check as appropriate.] ��__�(1)�52.203-6, Restrictions on Subcontractor Sales to the Government�(Sep 2006), with Alternate I�(Oct 1995)�(41�U.S.C.�4704�and�10�U.S.C.�2402). ��__�(2)�52.203-13, Contractor Code of Business Ethics and Conduct�(Oct 2015)�(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)�52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards�(Oct 2018)�(Pub. L. 109-282) (31�U.S.C.�6101�note). ��__�(5)�[Reserved]. ��__�(6)�52.204-14, Service Contract Reporting Requirements�(Oct 2016)�(Pub. L. 111-117, section 743 of Div. C). ��__�(7)�52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts�(Oct 2016)�(Pub. L. 111-117, section 743 of Div. C). ��__�(8)�52.209-6, Protecting the Government�s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment.�(Oct 2015)�(31�U.S.C.�6101note). ��__�(9)�52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters�(Oct 2018)�(41�U.S.C. 2313). ��__�(10)�[Reserved]. ��__�(11)(i)�52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award�(Mar 2020)�(15�U.S.C.657a). ��__�(ii)�Alternate I�(Mar 2020)�of�52.219-3. ��__�(12)(i)�52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns�(Mar 2020)�(if the offeror elects to waive the preference, it shall so indicate in its offer) (15�U.S.C.�657a). ��__�(ii)�Alternate I�(Mar 2020)�of�52.219-4. ��__�(13)�[Reserved] ��__�(14)(i)�52.219-6, Notice of Total Small Business Set-Aside�(Mar 2020)�(15�U.S.C.644). ��__�(ii)�Alternate I�(Mar 2020). ��__�(15)(i)�52.219-7, Notice of Partial Small Business Set-Aside�(Mar 2020)�(15�U.S.C.�644). ��__�(ii)�Alternate I�(Mar 2020)�of�52.219-7. ��__�(16)�52.219-8, Utilization of Small Business Concerns (Oct�2018) (15�U.S.C.�637(d)(2)�and (3)). ��__�(17)(i)�52.219-9, Small Business Subcontracting Plan (Mar�2020) (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�(Mar 2020)�of�52.219-9. ��__�(v)�Alternate IV�(Aug 2018)�of�52.219-9 ��__�(18)�52.219-13, Notice of Set-Aside of Orders�(Mar 2020)�(15�U.S.C.�644(r)). ��__�(19)�52.219-14, Limitations on Subcontracting�(Mar 2020)�(15�U.S.C.637(a)(14)). ��__�(20)�52.219-16, Liquidated Damages-Subcontracting Plan�(Jan 1999)�(15�U.S.C.�637(d)(4)(F)(i)). ��__�(21)�52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside�(Mar 2020)�(15�U.S.C.�657f). ��XX(22)(i)�52.219-28, Post Award Small Business Program Rerepresentation�(Mar 2020)�(15�U.S.C.�632(a)(2)). ��(ii)�Alternate I (MAR 2020) of�52.219-28. ��__�(23)�52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns�(Mar 2020)�(15�U.S.C.�637(m)). ��__�(24)�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 (Mar�2020) (15�U.S.C.�637(m)). ��__�(25)�52.219-32, Orders Issued Directly Under Small Business Reserves�(Mar 2020)�(15 U.S.C. 644(r)). ��__�(26)�52.219-33, Nonmanufacturer Rule�(Mar 2020)�(15 U.S.C. 637(a)(17)). ��XX�(27)�52.222-3, Convict Labor�(Jun 2003)�(E.O.11755). ��XX(28)�52.222-19, Child Labor-Cooperation with Authorities and Remedies�(Jan�2020)�(E.O.13126). ��XX�(29)�52.222-21, Prohibition of Segregated Facilities�(Apr 2015). ��XX(30)(i)�52.222-26, Equal Opportunity�(Sep 2016)�(E.O.11246). ��__�(ii)�Alternate I�(Feb 1999)�of�52.222-26. ��XX�(31)�(i)�52.222-35, Equal Opportunity for Veterans (Oct�2015) (38�U.S.C.�4212). ��__�(ii)�Alternate I�(Jul 2014)�of�52.222-35. ��__�(32)�(i)�52.222-36, Equal Opportunity for Workers with Disabilities�(Jul 2014)�(29�U.S.C.793). ��__�(ii)�Alternate I�(Jul 2014)�of�52.222-36. ��__�(33)�52.222-37, Employment Reports on Veterans (Feb 2016) (38�U.S.C.�4212). ��__�(34)�52.222-40, Notification of Employee Rights Under the National Labor Relations Act�(Dec 2010)�(E.O. 13496). ��XX�(35)�(i)�52.222-50, Combating Trafficking in Persons�(Jan 2019)�(22�U.S.C.�chapter�78�and E.O. 13627). ��__�(ii)�Alternate I�(Mar 2015)�of�52.222-50�(22�U.S.C.�chapter78�and E.O. 13627). ��__�(36)�52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in�22.1803.) ��__�(37)�(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.) ��__�(38)�52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693). ��__�(39)�52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners�(Jun 2016)�(E.O. 13693). ��__�(40)�(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. ��__�(41)�(i)�52.223-14, Acquisition of EPEAT�-Registered Televisions�(Jun�2014)�(E.O.s 13423 and 13514). ��__�(ii)�Alternate I (Jun�2014) of�52.223-14. ��__�(42)�52.223-15, Energy Efficiency in Energy-Consuming Products�(Dec 2007)�(42�U.S.C.�8259b). ��__�(43)�(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. ��XX�(44)�52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving�(Aug 2011)�(E.O. 13513). ��__�(45)�52.223-20, Aerosols�(Jun 2016)�(E.O. 13693). ��__�(46)�52.223-21, Foams (Jun�2016) (E.O. 13693). ��__�(47)�(i)�52.224-3�Privacy Training (Jan�2017) (5 U.S.C. 552 a). ��__�(ii)�Alternate I�(Jan 2017)�of�52.224-3. XX�(48)�52.225-1, Buy American-Supplies (May 2014) (41�U.S.C.�chapter�83). XX�(49) (i)�52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act�(May 2014)�(41�U.S.C.�chapter�83,�19�U.S.C.�3301�note,�19�U.S.C.�2112�note,�19�U.S.C.�3805�note,�19�U.S.C.�4001�note, Pub. L. 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�(May 2014)�of�52.225-3. ��__�(iii)�Alternate II�(May 2014)�of�52.225-3. ��__�(iv)�Alternate III�(May 2014)�of�52.225-3. ��__�(50)�52.225-5, Trade Agreements�(Oct 2019)�(19�U.S.C.�2501,�et seq.,�19�U.S.C.�3301�note). XX�(51)�52.225-13, Restrictions on Certain Foreign Purchases�(Jun 2008)�(E.O.�s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). ��__�(52)�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. 2302�Note). ��__�(53)�52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov�2007) (42�U.S.C.�5150). ��__�(54)�52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov�2007) (42�U.S.C.�5150). ��__�(55)�52.232-29, Terms for Financing of Purchases of Commercial Items�(Feb 2002)�(41�U.S.C.4505,�10�U.S.C.2307(f)). ��__�(56)�52.232-30, Installment Payments for Commercial Items (Jan�2017) (41�U.S.C.4505,�10�U.S.C.2307(f)). XX�(57)�52.232-33, Payment by Electronic Funds Transfer-System for Award Management�(Oct�2018)�(31�U.S.C.�3332). ��__�(58)�52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C.3332). ��__�(59)�52.232-36, Payment by Third Party�(May 2014)�(31�U.S.C.3332). ��__�(60)�52.239-1, Privacy or Security Safeguards�(Aug 1996)�(5�U.S.C.�552a). ��__�(61)�52.242-5, Payments to Small Business Subcontractors�(Jan 2017)�(15�U.S.C.�637(d)(13)). ��__�(62)� (i)�52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels�(Feb 2006)�(46�U.S.C.�Appx.�1241(b)�and�10�U.S.C.�2631). ��__�(ii)�Alternate I�(Apr 2003)�of�52.247-64. ��__�(iii)�Alternate II�(Feb 2006)�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 items: ��[Contracting Officer check as appropriate.] ��__�(1)�52.222-17, Nondisplacement of Qualified Workers�(May 2014)(E.O. 13495). ��__�(2)�52.222-41, Service Contract Labor Standards�(Aug 2018)�(41�U.S.C.�chapter�67). ��__�(3)�52.222-42, Statement of Equivalent Rates for Federal Hires�(May 2014)�(29�U.S.C.�206�and�41�U.S.C.�chapter 67). ��__�(4)�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). ��__�(5)�52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (29�U.S.C.�206�and�41�U.S.C.�chapter�67). ��__�(6)�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). ��__�(7)�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). ��__�(8)�52.222-55, Minimum Wages Under Executive Order 13658�(Dec 2015). ��__�(9)�52.222-62, Paid Sick Leave Under Executive Order 13706�(Jan 2017)�(E.O. 13706). ��__�(10)�52.226-6, Promoting Excess Food Donation to Nonprofit Organizations�(May 2014)�(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, 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 items. 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�(Oct 2015)�(41�U.S.C.�3509). ��(ii)�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)). ��(iii)�52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities�(Jul 2018)�(Section 1634 of Pub. L. 115-91). ��(iv)�52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.�(Aug 2019)�(Section 889(a)(1)(A) of Pub. L. 115-232). ��(v)�52.219-8, Utilization of Small Business Concerns�(Oct 2018)�(15�U.S.C.637(d)(2)�and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include�52.219-8�in lower tier subcontracts that offer subcontracting opportunities. ��(vi)�52.222-17, Nondisplacement of Qualified Workers (May�2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause�52.222-17. ��(vii)�52.222-21, Prohibition of Segregated Facilities�(Apr 2015). ��(viii)�52.222-26, Equal Opportunity�(Sep 2015)�(E.O.11246). ��(ix)�52.222-35, Equal Opportunity for Veterans�(Oct 2015)�(38�U.S.C.4212). ��(x)�52.222-36, Equal Opportunity for Workers with Disabilities (Jul�2014) (29�U.S.C.793). ��(xi)�52.222-37, Employment Reports on Veterans (Feb�2016) (38�U.S.C.4212) ��(xii)�52.222-40, Notification of Employee Rights Under the National Labor Relations Act�(Dec 2010)�(E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause�52.222-40. ��(xiii)�52.222-41, Service Contract Labor Standards (Aug�2018) (41�U.S.C.�chapter�67). ��(xiv)� (A)�52.222-50, Combating Trafficking in Persons�(Jan 2019)�(22�U.S.C.�chapter�78�and E.O 13627). ��(B)�Alternate I (Mar�2015) of�52.222-50(22�U.S.C.�chapter�78�and�E.O�13627). ��(xv)�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). ��(xvi)�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). ��(xvii)�52.222-54, Employment Eligibility Verification�(Oct 2015)�(E.O. 12989). ��(xviii)�52.222-55, Minimum Wages Under Executive Order 13658�(Dec 2015). ��(xix)�52.222-62, Paid Sick Leave Under Executive Order 13706�(Jan 2017)�(E.O. 13706). ��(xx)� (A)�52.224-3, Privacy Training (Jan 2017) (5�U.S.C.�552a). ��(B)�Alternate I�(Jan 2017)�of�52.224-3. ��(xxi)�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. 2302 Note). ��(xxii)�52.226-6, Promoting Excess Food Donation to Nonprofit Organizations�(May 2014)�(42�U.S.C.�1792). Flow down required in accordance with paragraph (e) of FAR clause�52.226-6. ��(xxiii)�52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels�(Feb 2006)�(46�U.S.C. Appx.1241(b)�and�10�U.S.C.2631). Flow down required in accordance with paragraph (d) of FAR clause�52.247-64. ��(2)�While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. �FAR� 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):� WWW.ACQUISITION.GOV FAR 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2016) (Reference) FAR 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (JAN 2017) (Reference)� FAR 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUNE 2013) (Reference) FAR 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013) (Reference) CAR 1352.201-70 CONTRACTING OFFICER�s AUTHORITY (APR 2010) (Reference) CAR 1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010) (Reference) CAR 1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010) (Reference) �(End of Clause) 52.204-24�Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Dec 2019) The Offeror shall not complete the representation in 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� ��Covered telecommunications equipment or services�, �critical technology�, and �substantial or�essential component� have the meanings provided in clause�52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. ��(b)�Prohibition. 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. Contractors are not prohibited 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. ��(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 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. ��(e)�Disclosures.�If the Offeror has represented in paragraph (d) of this provision that it �will� provide covered telecommunications equipment or services�, the Offeror shall provide the following information as part of the offer� ��(1)�A description of all�covered telecommunications equipment and services offered (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable); ��(2)�Explanation of the proposed use of covered telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b) of this provision; ��(3)�For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and ��(4)�For equipment, 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). (End of provision) 52.204-25�Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (AUG2019) ��(a)�Definitions.�As used in this clause� ��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, reasonabsystem, 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 Federal Acquisition Regulation�4.2104. ��(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 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 kno...
Web Link: SAM.gov Permalink
(https://beta.sam.gov/opp/8ee36c5e6b5145d7ac91ecd3479050cc/view)
Place of Performance: Address: Lakeland, FL 33811, USA; Zip Code: 33811; Country: USA
Record: SN05674331-F 20200531/200529230145 (samdaily.us)
Source: SAM.gov Link to This Notice
(may not be valid after Archive Date)

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