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 RFI-PR9747564-INL-Source-SVAs-Fleet-Assessment 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 2021-03. The associated North American Industrial Classification System (NAICS) code for this procurement is 541990 with a small business size standard of $15.00M. This requirement is unrestricted and only qualified offerors may submit bids. The solicitation pricing on www.UnisonMarketplace.com will start on the date this solicitation is posted, and, unless otherwise displayed at www.UnisonMarketplace.com, will end on: 2021-03-22 11:00:00.0 Eastern Time . This time supersedes the Offers Due Time listed above. FOB Destination shall be Rohrmoser, Pavas, null null The U.S. Embassy San Jose, Costa Rica requires the following items, Meet or Exceed, to the following: LI 001: STATEMENT OF WORK AIRCRAFT CONFIGURATION, OBSOLESCENCE, AND AIRWORTHINESS AUDIT AND ASSESSMENT OF COSTA RICA AIR SURVEILLANCE SERVICE FLEET 1. Introduction. The United States Department of State (DoS), Bureau for International Narcotics and Law Enforcement Affairs (INL), provides equipment and training to build partner nation security force capacity to counter drug trafficking and other illicit activities. INL provides support to the Costa Rican Air Surveillance Service (SVA) which operates a fleet of over 14 aircraft based at San Jose’s Juan Santamaría International Airport (IATA: SJO, ICAO: MROC). INL requires an assessment of the SVA’s fleet by an internationally recognized and licensed impartial third party in order to inform future investment decisions and to provide recommendations to retire obsolete aircraft from service. 2. Purpose and Objectives 2.1. The SVA lacks the technical expertise to maintain ICAO/FAA airworthiness standards within their aviation fleet. INL and SVA need to understand which aircraft merit future investment based on their current state, repair/overhaul history, and estimated remaining service life. 2.2. The SVA lacks sufficient numbers of aviation technicians to adequately sustain and operate their fleet of 14 legacy aircraft. They have gained nine new aircraft in the last 10 years with no significant increase in maintenance personnel. INL and SVA need to understand which aircraft have significant issue such as structural damage, unauthorized parts, and obsolescence issues that would result in a recommendation for divestment. 3. Scope of Work. This project consists of three phases. 3.1. Phase 1. Conduct hands-on aircraft and documentation audit and evaluation on the following SVA aircraft: one (1) Piper PA-34 Seneca, two (2) Piper PA-31 Navajo, one (1) Cessna 182 Skylane, one (1) Cessna TU-206-G Stationair Turbo, three (3) Cessna U206G Soloy Mk1, two (2) Avic/Harbin Y-12E, one (1) Beechcraft King Air F90, two (2) MD-600N helicopters, and one (1) MD-500E helicopter. See Appendix 1 for additional details for each aircraft. 3.2. Phase 2. Conduct a critical assessment of the airworthiness and future sustainability of 14 aircraft in the SVA fleet. Provide written recommendations to INL and the SVA on which aircraft merit future investment to maintain airworthiness and which aircraft should be considered for divestment. 3.3. Phase 3. Develop a rough order of magnitude (ROM) cost estimate for replacement parts and number of man-hours required to obtain an ICAO/FAA-equivalent Certificate of Airworthiness (COA) for each aircraft., 1, Service; LI 002: 4. Requirements 4.1. Certification / Qualifications 4.1.1. The Contractor shall be registered with the US Department of State Directorate of Defense Trade Controls (DDTC). 4.1.2. The successful Offeror shall possess the expertise, credentials, and substantial experience performing airworthiness evaluations and/or assessments for fixed and rotary wing aircraft programs. 4.1.3. The Contractor must demonstrate documented experience in performing large aviation program airworthiness assessments. 4.1.4. The Contractor shall be certified to perform audits of aviation maintenance organizations in accordance with (IAW) AS9100 and AS9110 or US military equivalent standards. 4.1.5. The Contractor's auditors shall be AS9100 / AS9110 Aerospace Auditor (AA) trained and under the direction of an Aerospace Experienced Auditor(s) (AES), or be Federal Aviation Administration (FAA) Airframe and Powerplant (A&P) Mechanics with Inspection Authorization (IA). Documentation shall be submitted prior to contract award. 4.1.6. All members of the assessment team should have documented participation, in the capacity they will be performing, a minimum of three (3) AS9100 / AS9110 or US military equivalent second and third party audits of large aviation maintenance programs in the past two (2) years. 4.1.7. Auditors conducting the physical hands-on aircraft inspection and evaluation shall have documented a high level of technical expertise in the aircraft they are evaluating. Auditors/Inspectors must also be familiar with ageing aircraft, and obsolescence issues affecting ageing aircraft. 4.1.8. The Contractor shall provide personnel with valid passports who are willing and capable of travelling to locations within Costa Rica to perform the assessment. 4.1.9. The Contractor must demonstrate the ability to formulate data, analyze data, write and provide detailed reports documentation supporting the findings and recommendations presented. 4.1.10. The majority of documentation to be assessed is written in Spanish. The contractor’s personnel must demonstrate the capability of speaking, reading, and understanding aviation technical data in both the Spanish and English languages., 1, Service; LI 003: 5. Tasks 5.1. The Contractor shall provide to INL, prior to travel to Costa Rica, the formal approved audit process checklists and procedures to be used for the SVA assessment. 5.2. Using OEM technical manuals and applicable FAA orders regarding airworthiness as the foundational documents, along with other listed references, establish the airworthiness certification criteria being used to determine the airworthiness of subject aircraft. 5.3. Review and evaluate all aircraft operational, maintenance, historical records, publications, drawings and maintenance practices required to make a determination of aircraft airworthiness., 1, Service; LI 004: 5.4. Conduct a physical inspection and evaluation of the 14 identified aircraft. Specifically address the following interest areas: 5.4.1. Any changes to aircraft that affect structural integrity, propulsion/drive system operation, aircraft performance, aerodynamic characteristics (including drag, control response, and stability), electromagnetic characteristics, navigational system effectiveness, flight control system power requirements and effectiveness, weight and balance of an air item, air crew station noise levels, restrict air crew vision or performance, or increase the danger to the crew in the event of an accident. 5.4.2. Changes to aircraft that energize emission of electromagnetic energy that can affect any aircraft, subsystem or allied equipment controls, indicators, displays, or the navigational and communication systems effectiveness. 5.4.3. Changes to aircraft that can be energized to emit any form of radiation, gases, liquids, or debris that may be hazardous, such as explosive ordnance, explosive or flammable fluids, laser energy, and so forth. 5.4.4. Changes to aircraft that with their intended use would be in lieu of a standard aircraft system, subsystem, or component function. 5.4.5. Changes to aircraft that affect the operating limits and/or emergency procedures prescribed by the operator’s technical manual. 5.4.6. Changes to aircraft that affect the prescribed limits for continued airworthiness. These changes include additions, deletions, or reconfiguration of hardware and material substitutions, software revisions, and any repair or replacement not authorized in the technical manual. 5.4.7. Changes to aircraft that are not secured to structure to withstand the aircraft’s existing static, dynamic and crash loads, thereby increasing the danger to the crew in the event of an accident. 5.4.8. Operation of carry-on equipment (not included in OEM or DOD, Operations or Maintenance Manuals) with a mission requirement for operation in-flight will be assessed for airworthiness impact. Airworthiness impact occurs when operation of that equipment can measurably affect the airworthiness of the aircraft system, subsystem or allied equipment. These include operation of carry-on equipment that causes any impact as described above, or operation of carry-on equipment that cannot be secured with existing cargo restraints while in use, thereby increasing the danger to the crew in the event of an accident., 1, Service; LI 005: 5.4.9. Commercial off the shelf equipment adopted for aviation use shall be assessed for airworthiness impact. The assessment will include: 5.4.10. Determination of the airworthiness qualification impact of the COTS equipment and its installation on the authorized configuration 5.4.11. Any issue that significantly degrades airworthiness, any identified hazard that has a significant residual risk, unresolved conflicts between airworthiness and performance requirements, or any event that indicates such issue or hazard probably exists will be recorded appropriately in airworthiness documentation. 5.4.12. Any modifications applied to aircraft which have not been documented properly under an established Configuration Management (CM) process. 5.5. Determine the airworthiness compliance status of subject aircraft and provide specifics in a detailed report, written in the English language. 5.6. Identify any obsolescence issues that might lead to a decision to permanently retire an aircraft vice expending funds to re-establish airworthiness. 5.7. Determine ROM cost estimates of parts and man-hours required to achieve an ICAO/FAA equivalent Certificate of Airworthiness (COA). 5.8. Provide formal outbrief of results to accompany the written report., 1, Service; LI 006: 6. Place of Performance 6.1. The airworthiness assessment, aircraft inspections, and collection of data shall be performed predominately in and around San Jose, Costa Rica. 6.2. Formulation and writing of reports shall be performed at a location to be identified by the Contractor. 6.3. Formal in-brief and out-brief for DoS and INL will be performed virtually via MS Teams or other mutually agreed upon platform. 7. Resources 7.1. The SVA will provide access to Base 2 maintenance workshops, parking aprons, and hangar spaces as required. 7.2. The SVA will provide access the aircraft tools and equipment. 7.3. The SVA possesses OEM maintenance manuals for all 14 selected aircraft and will provide access to their technical library., 1, Service; LI 007: 8. Deliverables and Schedule 8.1. Kickoff. The initial kickoff meeting shall start within 10 working days after contract award. 8.2. Period of Performance. The Contractor shall provide the services required in this SOW for a period not to exceed 45 calendar days from Government approval of travel plans. Period of performance encompasses travel, assessment in Costa Rica, evaluation and assessment of data collected, final report, out-brief of findings, and submission of complete Department of State Form DS 127. 8.3. Timeline 8.3.1. The contractor shall submit their travel plans for this SOW within 5 working days after the initial kick off meeting. 8.3.2. The contractor’s audit team should arrive in Costa Rica within 20 working days after contract award. 8.3.3. The contractor’s audit team should complete Phase 1 tasks in Costa Rica within 30 working days of contract award. 8.3.4. Formal outbrief to INL and SVA and submission of written reports shall be within 45 working days of contract award. 8.4. Status Reporting 8.4.1. The contractor shall submit a formal status report weekly. The report shall be submitted to the Contracting Officer, or designated representative, on each Monday until project completion. 8.4.2. At a minimum the weekly report will consist of: • Status of personnel on contract • Accomplishments of past week • Schedule for upcoming week • Integrated Master Schedule and Progress Report • Budget and financial detail to include estimate to complete (ETC) and estimate at completion (EAC). • Other information mutually agreed upon by DoS and the Contractor 8.4.3. While in Costa Rica, the Contractor shall supply personnel status to the Embassy INL POC daily in sufficient detail as required by the Embassy. 8.5. Deliverables 8.5.1. Written Report. The contractor will provide a written report in English and Spanish in paper form (three sets each) in binders suitable for review by senior DoS officials. The report will contain the following: • Executive Summary • Detailed Airworthiness Assessment with recommendations and substantiated supporting evidence in separate binder • Aircraft condition report for each of the aircraft • Aircraft, powerplant, and component obsolescence report for each aircraft • Detailed ROM repair cost estimates for each aircraft 8.5.2. Briefing. The contractor will brief the final report virtually to INL Costa Rica in English and separately to the SVA in Spanish. 8.5.3. Electronic Copies. The contractor shall provide electronic copies of all reports and briefings. 8.5.4. All completed final reports required shall be expedited to the following address : INL – Aviation Program Manager Attn: James Breck 3440 San Jose Place Washington D.C. 20521-3440, 1, Service; LI 008: 8.5.5. Reports shall be delivered to the address above no later than 15 calendar days after departing Costa Rica, unless a different date has been negotiated with the CO. Early delivery of final report is authorized. 8.6. Project Closure 8.6.1. Inspection and Acceptance. The Contractor shall submit the final approved assessment report in both digital and paper copy along with a completed DoS Form DS 127 “Receiving and Inspection Report” to the Contracting Officer for acceptance upon completion., 1, Service; LI 009: 9. Miscellaneous and Special Requirements 9.1. Special Requirements 9.1.1. Contractor shall make every effort to minimize any negative impact to SVA mission support during the assessment. 9.1.2. The time allotted in Costa Rica to conduct hands-on aircraft inspection and documentation audit should be limited to two (2) weeks. 9.1.3. The number of contractor personnel traveling to Costa Rica should be limited to two (2) persons. 9.2. Security Requirements 9.2.1. Contractor will comply with Embassy security requirements for third party contractors working in Costa Rica. 9.3. Industry standards. 9.3.1. Required Documents. 9.3.1.1. All OEM or user Technical Manuals, Modification Work Orders, Depot Maintenance Work Requests (DMWR), SBs, ASBs, SILs, ADs, amendments, modifications, and specifications as applicable to all audited aircraft. 9.3.1.2. INL Technical Airworthiness Appraisal Checklist dated 19 May 2016 9.3.1.3. DOD Directive 5030.61 “DOD Airworthiness Policy” 9.3.2. See Appendix B for additional reference documents. 9.4. Travel Requirements 9.4.1. All travel to Costa Rica shall be coordinated and approved by INL prior to departure. 9.4.2. All in country movement and access to facilities and personnel, shall be closely coordinated in advance with the INL/US Embassy designated POC identified during contract in-briefing. 9.4.3. The Contractor shall be responsible for all travel arrangements and communications for personnel deploying in support of DoS requirements. 9.4.4. The Contractor shall ensure all personnel who are required to travel outside the United States have current and valid passports and / or visas and Government directed country clearances if required. 9.4.5. Contractor travel program shall follow FAR 31.205-46 Travel Costs for approved travel incidental to this contract. 9.4.6. Costs for transportation may be based upon mileage rates, actual costs incurred, or a combination thereof, provided the method used results in a reasonable charge. 9.4.7. The Joint Travel Regulations (JTR), while not wholly applicable to Contractors shall provide the basis for the determination as to reasonable and allowable. Travel costs will be considered reasonable and allowable only to the extent that they do not exceed on a daily basis, the maximum per diem rates in effect at the time of the travel. 9.4.8. Maximum use shall be made of the lowest available customary standard coach or equivalent airfare accommodations available during normal business hours. 9.4.9. All necessary travel meeting the above criteria shall be approved in advance by the U.S. Government. 9.4.10. Contractor will ensure all travelers comply with CDC and Government of Costa Rica COVID-19 protocols, see US Embassy San Jose webpage for current policies. 9.4.11. Exceptions to these guidelines shall be approved in advance by the Contracting Officer (CO) or his designated representative. 9.5. Exclusions and Exceptions. Not Applicable., 1, Service; LI 010: Appendix A – Air Surveillance Service Aircraft Fleet Details, 1, Service; Solicitation and Buy Attachments ***Question Submission: Interested offerors must submit any questions concerning the solicitation at the earliest time possible to enable the Buyer to respond. Questions must be submitted by using the 'Submit a Question' feature at www.UnisonMarketplace.com. Questions not received within a reasonable time prior to close of the solicitation may not be considered.*** For this solicitation, U.S. Embassy San Jose, Costa Rica intends to conduct an online competitive reverse auction to be facilitated by the third-party reverse auction provider, Unison, Inc. Unison Marketplace has developed an online, anonymous, browser based application to conduct the reverse auction. An Offeror may submit a series of pricing bids, which descend in price during the specified period of time for the aforementioned reverse auction. U.S. Embassy San Jose, Costa Rica is taking this action in an effort to improve both vendor access and awareness of requests and the agency's ability to gather multiple, competed, real-time bids. All responsible Offerors that respond to this solicitation MUST submit the pricing portion of their bid using the online exchange located at www.UnisonMarketplace.com. There is no cost to register, review procurement data or make a bid on www.UnisonMarketplace.com. Offerors that are not currently registered to use www.UnisonMarketplace.com should proceed to www.UnisonMarketplace.com to complete their free registration. Offerors that require special considerations or assistance may contact Marketplace Support at 1.877.933.3243 or via email at
[email protected]. Offerors may not artificially manipulate the price of a transaction on www.UnisonMarketplace.com by any means. It is unacceptable to place bad faith bids, to use decoys in the www.UnisonMarketplace.com process or to collude with the intent or effect of hampering the competitive www.UnisonMarketplace.com process. Should offerors require additional clarification, notify the point of contact or Marketplace Support at 1.877.933.3243 or
[email protected] of Unison Marketplace: Buyers and Sellers agree to conduct this transaction through Unison Marketplace in compliance with the Unison Marketplace Terms of Use. Failure to comply with the below terms and conditions may result in offer being determined as non-responsive. If this is a “Brand Name Only” procurement, Seller certifies that it is an authorized distributer of the brand name product being sold to the Department of State and that it has the certification/specialization level required by the manufacturer, to support both the product sale and product pricing, in accordance with applicable manufacturer certification/specialization requirements. Unless otherwise specified, Seller warrants that the products are new and in their original box(es). In addition to providing pricing at www.FedBid.com for this solicitation, each Offeror must provide any required, NON-PRICING responses (e.g. technical proposal, representations and certifications, etc.) so that they are received no later than the closing date and time for this solicitation; these can be submitted to
[email protected]. This solicitation requires registration with the System for Award Management (SAM) prior to award, pursuant to FAR 4.1102 and other applicable regulations and guidelines. Information can be found at www.sam.gov. Registration must be "ACTIVE" at the time of award. All Bids must be valid for 30 days from the closing date for this solicitation. No exceptions or qualifications. New equipment ONLY, NO grey market or refurbished products. Items must be in original packaging, never used, and not altered in any way. Components of the requested equipment, to include memory, must be manufacturer-approved and may not be compatible, remanufactured, or refurbished equipment. All items must be covered by manufacturer’s warranty and procured through a manufacturer approved distribution channel. Sellers must be able to document their ability to provide items through manufacturer approved distribution channels upon request. The Seller confirms to have sourced all products submitted in this Bid from manufacturer-approved channels for Federal sales, in accordance with all applicable laws and manufacturer’s current applicable policies at the time of purchase. Seller must be able to support both the product sale and product pricing, in accordance with applicable manufacturer certification / specialization requirements. If software is provided or included, Seller shall, upon request, provide Buyer with a copy of the End User License Agreement. Seller certifies that all software is licensed originally to Buyer as the original licensee authorized to use the software. All bid prices must include shipping FOB Destination. No partial shipments are permitted, unless otherwise specified by Contracting Officer at time of award. To be considered for award, all Sellers must be manufacturer federally authorized distributors/resellers of the equipment/services they are offering with a demonstrated capability of delivering the entire order within the timeframes specified by the Buyer on the award. Sellers shall be required to provide documentation as proof of authorization to be considered for award. The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it “does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument” in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items. (a) Definitions. As used in this provision— Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to— (i)Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (ii)Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to— (i)Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (ii)Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles. (c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”. (d) Representation. The Offeror represents that— (1)It □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds “will” in paragraph (d)(1) of this section; and (2)After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that— It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds “does” in paragraph (d)(2) of this section. (e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded “will” in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer: (i)For covered equipment— (A)The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known); (B)A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and (C)Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision. (ii)For covered services— (A)If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or (B)If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision. (2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded “does” in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer: (i)For covered equipment— (A)The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known); (B)A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and (C)Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision. (ii)For covered services— (A)If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or (B)If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision. (End of provision) (a) Definitions. As used in this clause— Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet). Covered foreign country means The People’s Republic of China. Covered telecommunications equipment or services means– (1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); (2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); (3) Telecommunications or video surveillance services provided by such entities or using such equipment; or (4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. Critical technology means– (1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations; (2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled- (i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or (ii) For reasons relating to regional stability or surreptitious listening; (3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities); (4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material); (5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or (6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817). Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources. Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit. Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high. Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service. (b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical 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 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 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 paragraph (d)(2)(i) 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 covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. (e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items. (End of clause) To be considered for award, all vendors submitting bids for this requirement must self-certify conformance in their SAM.gov representations as required in FAR 52.204-24, FAR 52.204-25 and FAR 52.204-26 in accordance with FAR Interim Rule 2019-009. Vendors that fail to complete this self-certification or present with a record that does not reflect conformance at FAR 52.204-26 and FAR 52.212-3 (v) within SAM.gov will not be considered for award. (a) Definitions. As used in this provision, “covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (b) 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”. (c) Representation. The Offeror represents that it □ does, □ 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.