U S CUSTOMS AND BORDER PROTECTION USA Tender

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 20137292 And Is Issued As A Request For Quote (rfq), Unless Otherwise Indicated Herein. The Solicitation Document And Incorporated Provisions And Clauses Are Those In Effect Through Federal Acquisition Circular 2023-03. The Associated North American Industrial Classification System (naics) Code For This Procurement Is 562998 With A Small Business Size Standard Of $16.50m. This Requirement Is A Small Business Set-aside And Only Qualified Offerors May Submit Bids. The Solicitation Pricing On Https://marketplace.unisonglobal.com Will Start On The Date This Solicitation Is Posted, And, Unless Otherwise Displayed At Https://marketplace.unisonglobal.com, Will End On: 2023-05-19 12:00:00.0 Eastern Time. This Time Supersedes The Offers Due Time Listed Above. Fob Destination Shall Be In The Statement Of Work.the Dhs Customs And Border Protection (cbp) Requires The Following Items, Meet Or Exceed, To The Following: Base Period Of Performance: 07/15/2023 - 07/14/2024li 001: Rental Of Portable Toilets 6 Units Per Month 1 X Daily, 3 X Weekly lordsburg, Nm Station (lob) see Statement Of Work For Details, 12, Mo;li 002: Handwashing Stations 1 Units Per Month 1x Daily, 3 X Weekly lordsburg, Nm Station (lob) see Stateent Of Work For Details, 12, Mo;li 003: Rental Of Portable Toilets 2 Units Per Month 1 X Daily, 3 X Weekly nmsr80 Tactical Checkpoint rodeo, New Mexico gps: N31.810923, W-109.04913 see Statement Of Work For Details, 12, Mo;li 004: Handwashing Stations 1 Units Per Month 1x Daily, 3 X Weekly nmsr80 Tactical Checkpoint rodeo, New Mexico gps: N31.810923, W-109.04913 see Stateent Of Work For Details, 12, Mo;option 1 Period Of Performance: 07/15/2024 - 07/14/2025li 001: Rental Of Portable Toilets 6 Units Per Month 1 X Daily, 3 X Weekly lordsburg, Nm Station (lob) see Statement Of Work For Details, 12, Mo;li 002: Handwashing Stations 1 Units Per Month 1x Daily, 3 X Weekly lordsburg, Nm Station (lob) see Stateent Of Work For Details, 12, Mo;li 003: Rental Of Portable Toilets 2 Units Per Month 1 X Daily, 3 X Weekly nmsr80 Tactical Checkpoint rodeo, New Mexico gps: N31.810923, W-109.04913 see Statement Of Work For Details, 12, Mo;li 004: Handwashing Stations 1 Units Per Month 1x Daily, 3 X Weekly nmsr80 Tactical Checkpoint rodeo, New Mexico gps: N31.810923, W-109.04913 see Stateent Of Work For Details, 12, Mo;solicitation And Buy Attachments***question Submission: Interested Offerors Must Submit Any Questions Concerning The Solicitation At The Earliest Time Possible To Enable The Buyer To Respond. Questions Must Be Submitted By Using The 'submit A Question' Feature At Https://marketplace.unisonglobal.com. Questions Not Received Within A Reasonable Time Prior To Close Of The Solicitation May Not Be Considered.***for This Solicitation, Dhs Customs And Border Protection (cbp) Intends To Conduct An Online Competitive Reverse Auction To Be Facilitated By The Third-party Reverse Auction Provider, Unison Marketplace. Unison Marketplace Has Developed An Online, Anonymous, Browser Based Application To Conduct The Reverse Auction. An Offeror May Submit A Series Of Pricing Bids, Which Descend In Price During The Specified Period Of Time For The Aforementioned Reverse Auction. Dhs Customs And Border Protection (cbp) Is Taking This Action In An Effort To Improve Both Vendor Access And Awareness Of Requests And The Agency's Ability To Gather Multiple, Competed, Real-time Bids. All Responsible Offerors That Respond To This Solicitation Must Submit The Pricing Portion Of Their Bid Using The Online Exchange Located At Https://marketplace.unisonglobal.com. There Is No Cost To Register, Review Procurement Data Or Make A Bid On Https://marketplace.unisonglobal.com. Offerors That Are Not Currently Registered To Use Https://marketplace.unisonglobal.com Should Proceed To Https://marketplace.unisonglobal.com To Complete Their Free Registration. Offerors That Require Special Considerations Or Assistance May Contact Marketplace Support At 1.877.933.3243 Or Via Email At Marketplacesupport@unisonglobal.com. Offerors May Not Artificially Manipulate The Price Of A Transaction On Https://marketplace.unisonglobal.com By Any Means. It Is Unacceptable To Place Bad Faith Bids, To Use Decoys In The Https://marketplace.unisonglobal.com Process Or To Collude With The Intent Or Effect Of Hampering The Competitive Https://marketplace.unisonglobal.com Process. Should Offerors Require Additional Clarification, Notify The Point Of Contact Or Marketplace Support At 1.877.933.3243 Or Marketplacesupport@unisonglobal.com.use Of Unison Marketplace: Buyers And Sellers Agree To Conduct This Transaction Through Unison Marketplace In Compliance With The Unison Marketplace Terms Of Use. Failure To Comply With The Below Terms And Conditions May Result In Offer Being Determined As Non-responsive.unless The Buyer Indicates Otherwise Within A Particular Line Item Description, Each Seller Shall Include In Its Online Bid Individual Pricing For All Required Line Items In Order To Be Considered For Award (i.e., Do Not Use The “included In Another Line Item” Function When Pricing Each Line Item). If A Line Item Cannot Be Separately Priced, You Must Notify The Buyer Through The Unison ‘submit A Question’ Feature Regarding Which Line Item(s) Should Be Included In Which Other Line Item(s) And Request Reposting. Failure To Comply With This Term May Result In The Bid Being Determined To Be Non-responsive.new Equipment Only; No Remanufactured Or "gray Market" Items. All Items Must Be Covered By The Manufacturer's Warranty.bid Must Be Good For 30 Calendar Days After Close Of Buy.shipping Must Be Free On Board (fob) Destination Conus (continental U.s.), Which Means That The Seller Must Deliver The Goods On Its Conveyance At The Destination Specified By The Buyer, And The Seller Is Responsible For The Cost Of Shipping And Risk Of Loss Prior To Actual Delivery At The Specified Destination.this Solicitation Requires Registration With The System For Award Management (sam) At The Time An Offer Or Quotation Is Submitted, Excluding The Exceptions Outlined In Far 4.1102(a). Registration Information Can Be Found At Www.sam.gov.no Partial Shipments Are Permitted Unless Specifically Authorized At The Time Of Award.delivery Must Be Made Within 30 Days Or Less After Receipt Of Order (aro). The Offeror Must Provide Within Its Offer The Number Of Days - Not To Exceed 30 - Required To Make Delivery After It Receives A Purchase Order From The Buyer. Unless Otherwise Noted.the Selected Offeror Must Comply With The Following Commercial Item Terms And Conditions, Which Are Incorporated Herein By Reference: Far 52.212-1, Instructions To Offerors - Commercial Items, Applies To This Acquisition; Far 52.212-3, Offeror Representations And Certifications - Commercial Items - The Selected Offeror Must Submit A Completed Copy Of The Listed Representations And Certifications; Far 52.212-4, Contract Terms And Conditions - Commercial Items; Far 52.212-5, Contract Terms And Conditions Required To Implement Statutes Or Executive Orders-commercial Items, Paragraph (a) And The Following Clauses In Paragraph (b): 52.222-21, 52.222-26, 52.222-35, 52.222-36, 52.222-37, 52.225-13, 52.232-34. The Full Text Of The Referenced Far Clauses May Be Accessed Electronically At Https://www.acquisition.gov/far/.far 52.212-4, Contract Terms And Conditions - Commercial Items; Far 52.212-5, Contract Terms And Conditions Required To Implement Statutes Or Executive Orders-commercial Items, Paragraph (a) And The Following Clauses In Paragraph (b): 52.222-21, 52.222-26, 52.222-35, 52.222-36, 52.222-37, 52.225-13, 52.232-34. The Full Text Of The Referenced Far Clauses May Be Accessed Electronically At Http://www.acqnet.gov/far.q&a -please Submit All Questions By Using The 'submit A Question' Button. This Buy Will Then Be Reposted With Q&a Based On The Questions That Come In (if Applicable).in Addition To Providing Pricing At Www.unisonmarketplace.com For This Solicitation, Each Offeror Must Provide Any Required, Non-pricing Responses (e.g. Technical Proposal, Representations And Certifications, Etc.) So That They Are Received No Later Than The Closing Date And Time For This Solicitation. Submissions Can Be Sent To Marketplacesupport@unisonglobal.com.for Exact Match Only Commodity Buys- No Substitutions, Exact Match Only. The Vendor May Not Substitute Any Item/service Listed On This Order Without Prior Written Approval From The Dhs/cbp Contracting Officer. No Other Individual Is Authorized, Either Verbally Or In Writing To Change Part Numbers, Manufacturer, Quantity, Delivery Dates, Or Any Other Specifications Of This Rfq. Items/services That Do Not Conform To Descriptions And Part Numbers Found In This Rfq Will Be Rejected At The Time Of Delivery Causing A Return At The Vendor's Expense.for Exact Match Services Buys Only- In Order For A Sellers Bid To Be 'responsive' And Considered For Award, The Seller Is Required To Document Exactly How They Intend To Meet The Requirements Of The Sow. They Shall Document Statement Detailing The Service For Evaluation. Failure To Do This May Be Cause For Termination. This Information Is Required In Order For A Sellers Bid To Be Deemed 'responsive' And To Be Considered For Award.for All Buys Other Than Exact Match Sellers Must Document What They Are Bidding For Evaluation For Award. Sellers Must Include, Extended Specs And/or Manufacturer Name And Part Numbers (if Applicable). Failure To Do This May Be Cause For Termination. This Information Is Required In Order For A Sellers Bid To Be Deemed 'responsive' And To Be Considered For Award. Far 52.211-6.in Accordance With The Ipp Clause; Electronic Invoicing And Payment Requirements - Invoice Processing Platform (ipp) (jan 2016), Payment Requests For All New Awards Must Be Submitted Electronically Through The U. S. Department Of The Treasury's Invoice Processing Platform System (ipp). The Contractor Must Use Ipp For Contracts And Orders Awarded April 11, 2016 Or Later. to Constitute A Proper Invoice, The Payment Request Must Comply With The Requirements Identified In Far 32.905(b), "payment Documentation And Process" And The Applicable Prompt Payment Clause Included In This Contract. The Ipp Website Address Is: Https:// Www.ipp.gov. contractor Assistance With Ipp Enrollment Can Be Obtained By Contacting Ippcustomersupport@fms.treas.gov Or Phone (866) 973-3131. if The Contractor Is Unable To Comply With The Requirement To Use Ipp For Submitting Invoices For Payment, The Contractor Must Submit A Waiver Request In Writing To The Contracting Officer.(a) definitions. As Used In This Clause— “covered Article” Means Any Hardware, Software, Or Service That– (1) is Developed Or Provided By A Covered Entity; (2) includes Any Hardware, Software, Or Service Developed Or Provided In Whole Or In Part By A Covered Entity; Or (3) contains Components Using Any Hardware Or Software Developed In Whole Or In Part By A Covered Entity. “covered Entity” Means– (1) kaspersky Lab; (2) any Successor Entity To Kaspersky Lab; (3) any Entity That Controls, Is Controlled By, Or Is Under Common Control With Kaspersky Lab; Or (4) any Entity Of Which Kaspersky Lab Has A Majority Ownership. (b) prohibition. Section 1634 Of Division A Of The National Defense Authorization Act For Fiscal Year 2018 (pub. L. 115-91) Prohibits Government Use Of Any Covered Article. The Contractor Is Prohibited From— (1) providing Any Covered Article That The Government Will Use On Or After October 1, 2018; And (2) using Any Covered Article On Or After October 1, 2018, In The Development Of Data Or Deliverables First Produced In The Performance Of The Contract. (c) reporting Requirement. (1) in The Event The Contractor Identifies Covered Article Provided To The Government During Contract Performance, Or The Contractor Is Notified Of Such By A Subcontractor At Any Tier Or By Any Other Source, The Contractor Shall Report, In Writing, Via Email, To The Contracting Officer, Contracting Officer’s Representative, And The Enterprise Security Operations Center (soc) At Ndaa_incidents@hq.dhs.gov, With Required Information In The Body Of The Email. In The Case Of The Department Of Defense, The Contractor Shall Report To The Website At Https://dibnet.dod.mil. For Indefinite Delivery Contracts, The Contractor Shall Report To The Enterprise Soc, Contracting Officer For The Indefinite Delivery Contract And The Contracting officer(s) And Contracting Officer’s Representative(s) For Any Affected Order Or, In The Case Of The Department Of Defense, Identify Both The Indefinite Delivery Contract And Any Affected Orders In The Report Provided At Https://dibnet.dod.mil. (2) the Contractor Shall Report The Following Information Pursuant To Paragraph (c)(1) Of This Clause: (i) within 1 Business Day From The Date Of Such Identification Or Notification: The Contract Number; The Order Number(s), If Applicable; Supplier Name; Brand; Model Number (original Equipment Manufacturer (oem) Number, Manufacturer Part Number, Or Wholesaler Number); Item Description; And Any Readily Available Information About Mitigation Actions Undertaken Or Recommended. (ii) within 10 Business Days Of Submitting The Report Pursuant To Paragraph (c)(1) Of This Clause: Any Further Available Information About Mitigation Actions Undertaken Or Recommended. In Addition, The Contractor Shall Describe The Efforts It Undertook To Prevent Use Or Submission Of A Covered Article, Any Reasons That Led To The Use Or Submission Of The Covered Article, And Any Additional Efforts That Will Be Incorporated To Prevent Future Use Or Submission Of Covered Articles. (c) Subcontracts. The Contractor Shall Insert The Substance Of This Clause, Including This Paragraph (d), In All Subcontracts, Including Subcontracts For The Acquisition Of Commercial Items. (end Of Clause)52.204–24 Representation Regarding Certain Telecommunications And Video Surveillance Services Or Equipment. as Prescribed In 4.2105(a), Insert The Following Provision: representation Regarding Certain Telecommunications And Video Surveillance Services Or Equipment (aug 2020) the Offeror Shall Not Complete The Representation At Paragraph (d)(1) Of This Provision If The Offeror Has Represented That It ‘‘does Not Provide Covered Telecommunications Equipment Or Services As A Part Of Its Offered Products Or Services To The Government In The Performance Of Any Contract, Subcontract, Or Other Contractual Instrument’’ In The Provision At 52.204–26, 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) Representations. The Offeror Represents That— (1) It [ ] Will, [ ] Will Not Provide Covered Telecommunications Equipment Or Services To The Government In The Performance Of Any Contract, Subcontract Or Other Contractual Instrument Resulting From This Solicitation. The Offeror Shall Provide The Additional Disclosure Information Required At Paragraph (e)(1) Of This Section If The Offeror Responds ‘‘will’’ In Paragraph (d)(1) Of This Section; And (2) After Conducting A Reasonable Inquiry, For Purposes Of This Representation, The Offeror Represents That— it [ ] Does, [ ] Does Not Use Covered Telecommunications Equipment Or Services, Or Use Any Equipment, System, Or Service That Uses Covered Telecommunications Equipment Or Services. The Offeror Shall Provide The Additional Disclosure Information Required At Paragraph (e)(2) Of This Section If The Offeror Responds ‘‘does’’ In Paragraph (d)(2) Of This Section. (e) Disclosures. (1) Disclosure For The Representation In Paragraph (d)(1) Of This Provision. If The Offeror Has Responded ‘‘will’’ In The Representation In Paragraph (d)(1) Of This Provision, The Offeror Shall Provide The Following Information As Part Of The Offer: (i) For Covered Equipment— (a) The Entity That Produced The Covered Telecommunications Equipment (include Entity Name, Unique Entity Identifier, Cage Code, And Whether The Entity Was The Original Equipment Manufacturer (oem) Or A Distributor, If Known); (b) A Description Of All Covered Telecommunications Equipment Offered (include Brand; Model Number, Such As Oem Number, Manufacturer Part Number, Or Wholesaler Number; And Item Description, As Applicable); And (c) Explanation Of The Proposed Use Of Covered Telecommunications Equipment And Any Factors Relevant To Determining If Such Use Would Be Permissible Under The Prohibition In Paragraph (b)(1) Of This Provision. (ii) For Covered Services— (a) If The Service Is Related To Item Maintenance: A Description Of All Covered Telecommunications Services Offered (include On The Item Being Maintained: Brand; Model Number, Such As Oem Number, Manufacturer Part Number, Or Wholesaler Number; And Item Description, As Applicable); Or (b) If Not Associated With Maintenance, The Product Service Code (psc) Of The Service Being Provided; And Explanation Of The Proposed Use Of Covered Telecommunications Services And Any Factors Relevant To Determining If Such Use Would Be Permissible Under The Prohibition In Paragraph (b)(1) Of This Provision. (2) Disclosure For The Representation In Paragraph (d)(2) Of This Provision. If The Offeror Has Responded ‘‘does’’ In The Representation In Paragraph (d)(2) Of This Provision, The Offeror Shall Provide The Following Information As Part Of The Offer: (i) For Covered Equipment— (a) The Entity That Produced The Covered Telecommunications Equipment (include Entity Name, Unique Entity Identifier, Cage Code, And Whether The Entity Was The Oem Or A Distributor, If Known); (b) A Description Of All Covered Telecommunications Equipment Offered (include Brand; Model Number, Such As Oem Number, Manufacturer Part Number, Or Wholesaler Number; And Item Description, As Applicable); And (c) Explanation Of The Proposed Use Of Covered Telecommunications Equipment And Any Factors Relevant To Determining If Such Use Would Be Permissible Under The Prohibition In Paragraph (b)(2) Of This Provision. (ii) For Covered Services— (a) If The Service Is Related To Item Maintenance: A Description Of All Covered Telecommunications Services Offered (include On The Item Being Maintained: Brand; Model Number, Such As Oem Number, Manufacturer Part Number, Or Wholesaler Number; And Item Description, As Applicable); Or (b) If Not Associated With Maintenance, The Psc Of The Service Being Provided; And Explanation Of The Proposed Use Of Covered Telecommunications Services And Any Factors Relevant To Determining If Such Use Would Be Permissible Under The Prohibition In Paragraph (b)(2) Of This Provision.(a) Definitions. As Used In This 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 In Writing Via Email To The Contracting Officer, Contracting Officer’s Representative, And The Enterprise Security Operations Center (soc) At Ndaa_incidents@hq.dhs.gov, With Required Information In The Body Of The Email. In The Case Of The Department Of Defense, The Contractor Shall Report To The Website At Https://dibnet.dod.mil. For Indefinite Delivery Contracts, The Contractor Shall Report To The Enterprise Soc, Contracting Officer For The Indefinite Delivery Contract And The Contracting Officer(s) And Contracting Officer’s Representative(s) For Any Affected Order Or, In The Case Of The Department Of Defense, Identify Both The Indefinite Delivery Contract And Any Affected Orders In The Report Provided At Https://dibnet.dod.mil. (2) The Contractor Shall Report The Following Information Pursuant To Paragraph (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), In All Subcontracts And Other Contractual Instruments, Including Subcontracts For The Acquisition Of Commercial Items.as Prescribed In 4.2105(c), Insert The Following Provision: covered Telecommunications Equipment Or Services-representation (dec 2019) (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.please Refer To Https://www.dhs.gov/publication/current-far-deviations For Additional Information Regarding The Following Far Class Deviations 20-07. 52.204-8 Annual Representations And Certifications (deviation 20-07); 52.222-19 Child Labor—cooperation With Authorities And Remedies. (deviation 20-07); 52.225-3 Buy American—free Trade Agreements—israeli Trade Act (deviation 20-07); 52.225-4 Buy American—free Trade Agreement—israeli Trade Act Certificate (deviation 20-07); 52.225-5 Trade Agreements (deviation 20-07); 52.225-11 Buy American—construction Materials Under Trade Agreements (deviation 20-07); And 52.225-23 Required Use Of American Iron, Steel, And Manufactured Goods—buy American Statute—construction Materials Under Trade Agreements (deviation 20-07).changes Fixed Priceoption To Extend The Term Of The Contractnon-personal Services (mar 2003) 1) The Government And The Contractor Agree And Understand The Services To Be Performed Under This Contract Are Non-personal In Nature. The Contractor Shall Not Perform Any Inherently Governmental Functions Under This Contract As Described In Office Of Federal Procurement Policy Letter 92-1. 2) The Services To Be Performed Under This Contract Do Not Require The Contractor Or His Employees To Exercise Personal Judgment And Discretion On Behalf Of The Government, But Rather, The Contractor's Employees Will Act And Exercise Personal Judgment And Discretion On Behalf Of The Contractor. 3) The Parties Also Recognize And Agree That No Employer-employee Relationship Exists Or Will Exist Between The Government And The Contractor. The Contractor And The Contractor's Employees Are Not Employees Of The Federal Government And Are Not Eligible For Entitlement And Benefits Given Federal Employees. Contractor Personnel Under This Contract Shall Not: a) Be Placed In A Position Where There Is An Appearance That They Are Employed By The Government Or Are Under The Supervision, Direction, Or Evaluation Of Any Government Employee. All Individual Employee Assignments And Daily Work Direction Shall Be Given By The Applicable Employee Supervisor. b) Hold Him Or Herself Out To Be A Government Employee, Agent, Or Representative Or State Orally Or In Writing At Any Time That He Or She Is Acting On Behalf Of The Government. In All Communications With Third Parties In Connection With This Contract, Contractor Employees Shall Identify Themselves As Such And Specify The Name Of The Company For Which They Work. c) Be Placed In A Position Of Command, Supervision, Administration Or Control Over Government Personnel Or Personnel Of Other Government Contractors, Or Become A Part Of The Government Organization. In All Communications With Other Government Contractors In Connection With This Contract, The Contractor Employee Shall State That They Have No Authority To Change The Contract In Any Way. If The Other Contractor Believes This Communication To Be A Direction To Change Their Contract, They Should Notify The Co For That Contract And Not Carry Out The Direction Until A Clarification Has Been Issued By The Co. 4) If The Contractor Believes Any Government Action Or Communication Has Been Given That Would Create A Personal Services Relationship Between The Government And Any Contractor Employee, The Contractor Shall Promptly Notify The Co Of This Communication Or Action. 5) Rules, Regulations, Directives And Requirements Which Are Issued By U.s. Customs And Border Protection Under Their Responsibility For Good Order, Administration And Security Are Applicable To All Personnel Who Enter Custom Installations Or Who Travel On Government Transportation. This Is Not To Be Construed Or Interpreted To Establish Any Degree Of Government Control That Is Inconsistent With A Non-personal Services Contract. end Of Supplementary Terms And Conditionsholidays And Administrative Leave (oct 2021) u.s. Customs And Border Protection (cbp) Personnel Observe The Following Days As Federal Holidays: new Year's Day Labor Day martin Luther King's Birthday Columbus Day presidents' Day Veterans Day memorial Day Thanksgiving Day juneteenth National Independence Day Christmas Day independence Day Inauguration Day* *unless Otherwise Specified, Inauguration Day Is A Holiday For Federal Employees Only In The District Of Columbia, Montgomery And Prince George's Counties In Maryland, Arlington And Fairfax Counties In Virginia, And The Cities Of Alexandria And Falls Church In Virginia. It Is Also A Holiday For District Employees In Washington Dc. cbp Observes Any Other Day As A Federal Holiday Designated By Federal Statute, By Executive Order Or By The President's Proclamation. when Any Such Day Falls On A Saturday, The Preceding Friday Is Observed. When Any Such Day Falls On A Sunday, The Following Monday Is Observed. Observance Of Such Days By Government Personnel Shall Not Be Cause For An Extension To The Delivery Schedule Or Period Of Performance Or Adjustment To The Price, Except As Set Forth In The Contract. except For Designated Around-the-clock Or Emergency Operations, And/or As Defined Within The Statement Of Requirements, Contractor Personnel Will Not Be Able To Perform On Site Under This Contract With Cbp On The Holidays Set Forth Above. The Contractor Will Not Charge Any Holiday As A Direct Charge To The Contract. In The Event Contractor Personnel Work During A Holiday Other Than Those Above, No Form Of Holiday Or Other Premium Compensation Will Be reimbursed As Either A Direct Or Indirect Cost. However, This Does Not Preclude Reimbursement For Authorized Overtime Work. in The Event Cbp Grants Administrative Leave To Its Government Employees At The Site, On-site Contractor Personnel Shall Also Be Dismissed If The Site Is Being Closed. However, The Contractor Shall Continue To Provide Sufficient Personnel To Perform Around-the-clock Requirements Of Critical Efforts Already In Progress Or Scheduled And Shall Be Guided By The Instructions Issued By The Contracting Officer Or Her/his Duly Appointed Representative. In Each Instance When The Site Is Closed To Contractor Personnel As A Result Of Inclement Weather, Potentially Hazardous Conditions, Explosions, Or Other Special Circumstances; The Contractor Will Direct Its Staff As Necessary To Take Actions Such As Reporting To Its Own Site(s) Or Taking Appropriate Leave Consistent With Its Policies. The Cost Of Salaries And Wages To The Contractor For The Period Of Any Such Site Closure Are A Reimbursable Item Of Direct Cost Under The Contract For Employees Whose Regular Time Is Normally A Direct Charge If They Continue To Perform Contract Work; Otherwise, Costs Incurred Because Of Site Closure Are Reimbursable As Indirect Cost In Accordance With The Contractor's Established Accounting Policy. end Of Supplementary Terms And Conditionsgovernment Consent Of Publication/endorsement (mar 2003) under No Circumstances Shall The Contractor, Or Anyone Acting On Behalf Of The Contractor, Refer To The Supplies, Services, Or Equipment Furnished Pursuant To The Provisions Of This Contract In Any News Release Or Commercial Advertising Without First Obtaining Explicit Written Consent To Do So From The Contracting Officer. the Contractor Agrees Not To Refer To Awards In Commercial Advertising In Such A Manner As To State Or Imply That The Product Or Service Provided Is Endorsed Or Preferred By The Federal Government Or Is Considered By The Government To Be Superior To Other Products Or Services. (end Of Accompanying Term And Condition)according To Far 32.904(b)(1)(ii)(b)(4) The Contracting Officer May Specify A Longer Period For Constructive Acceptance In The Solicitation And Resulting Contract, If Required To Afford The Government A Reasonable Opportunity To Inspect And Test The Supplies Furnished Or To Evaluate The Services Performed, Except For A Contract For The Purchase Of A Commercial Item, Including A Brand-name Commercial Item For Authorized Resale (e.g., Commissary Items). The Contracting Officer Must Document In The Contract File The Justification For Extending The Constructive Acceptance Period Beyond 7 Days. Extended Acceptance Periods Must Not Be A Routine Agency Practice And Must Be Used Only When Necessary To Permit Proper Government Inspection And Testing Of The Supplies Delivered Or Services Performed. supplementary Terms And Conditions Text:: payment And Invoice Instructions (aug 2022) 1. In Order To Request Contract Payment, The Contractor Shall Submit A Proper Invoice, As Defined By Federal Acquisition Regulation (far) 2.101 For Payment In The Manner And Format Described Below. a. The Contractor Shall Submit An Original Invoice/voucher, Via Postal Mail Or Electronic Mail (email), Simultaneously To The Following: finance And Accounting Division/commercial Accounts dhs/u.s. Customs And Border Protection finance & Accounting Division/commercial Accounts 6650 Telecom Drive indianapolis, In 46278 or Email: Cbpinvoices@cbp.dhs.gov note: For Invoices With Payment Terms Less Than Net 30: the Subject Line For All Emailed Invoices To The Fad Must Include The Following Text: Per Cbp, Net [state # Days] Invoice b. Contracting Officer Or Contract Administrator (co Or Ca) [fill In At Time Of Award] dhs/u.s. Customs And Border Protection attention: [insert Name Of Coor Ca] [insert Co Or Ca Office Designation] [insert Mailing Address] [insert City, State, Zip Code Or Country Information] or Email: [insert Email Address] c. Contracting Officer’s Representative (cor) (fill In At Time Of Award): dhs/u.s. Customs And Border Protection attention: [insert Name Of Cor] [insert Cor Office Designation] [insert Mailing Address] [insert City, State, Zip Code Or Country Information] or Email: [insert Email Address] d. The Contractor Shall Submit A Copy Of The Original Invoice/voucher For All Dhs Cost-reimbursement And Time And Material/labor Hour Contracts And Delivery Orders To The Branch Manager/resident Auditor Of The Cognizant Defense Contract Audit Agency (dcaa) Field Audit Office. Copies May Be Sent To Dcaa, Via Postal Mail Or Email And Must Be Sent At The Same Time The Invoice/voucher Is Sent To The Fad, Co And Cor. The Co Shall Provide The Following Information: dcaa Field Office [insert Name Of Dcaa Field Office Designation] name: [insert Name Of Branch Manager/resident Auditor] [insert Dcaa Field Office Mailing Address] [insert City/state/zip Code Or Country Information] phone: [insert Dcaa Field Office Phone Number] email: [insert Branch Manager/resident Auditor’s Email Address] e. In Accordance With Far 32.904(b), The Co, In Conjunction With The Cor And Fad, Will Determine Whether The Invoice Is Proper Or Improper Within Seven (7) Days Of Receipt. Improper Invoices Will Be Returned To The Contractor Within Seven (7) Days Of Receipt. review And Approval Requirements 1. To Constitute A Proper Invoice, Invoices Shall Include, At A Minimum, All The Items Required In Far 32.905. a. The Minimum Requirements Are: (1) Name And Address Of The Contractor. (2) Invoice Date And Invoice Number. (3) Contract Number Or Other Authorization For Supplies Delivered Or Services Performed (including Order Number And Contract Line Item Number. (4) Description, Quantity, Unit Of Measure, Unit Price, And Extended Price Of Supplies Delivered Or Services Performed. (5) Shipping And Payment Terms (e.g. Shipment Number And Date Of Shipment, Discount For Prompt Payment Terms). Bill Of Lading Number And Weight Of Shipment Will Be Shown For Shipments On Government Bills Of Lading. (6) Name And Address Of Contractor Official To Whom Payment Is To Be Sent (must Be The Same As That In The Contract Or In A Proper Notice Of Assignment). (7) Name (where Practicable), Title, Phone Number, And Mailing Address Of Person To Notify In The Event Of A Defective Invoice. (8) Taxpayer Identification Number (tin). (9) Electronic Funds Transfer (eft) Banking Information. (10) Any Other Information Or Documentation Required By The Contract (e.g. Evidence Of Shipment). b. For Cost Reimbursement Or Time And Material Contracts (other Than A Contract For A Commercial Item), The Contractor Shall Bill And Maintain A Record Of Indirect Costs In Accordance With Far 52.216-7(d). c. Supplemental Documentation Required For Review And Approval Of Invoices, At The Written Direction Of The Contracting Officer, May Be Submitted Directly To Either The Contracting Officer, Or The Contracting Officer’s Representative. Contractors Shall Submit All Supplemental Invoice Documentation Along With The Original Invoice. d. Invoices That Fail To Provide The Information Required By The Prompt Payment Clause (far 52.232-25) May Be Rejected By The Government And Returned To The Contractor. additional Invoice Requirements 1. In Addition To The Invoice Requirements Contained In Far 32.905 And Far 52.216-7, The Following Also Applies: a. Invoices Must Include The Following Information To Support All Costs Claimed: (1) Period Of Performance For The Costs Claimed; (2) Current Amounts For Each Clin, If Applicable; (3) Current Direct And Indirect Incurred Costs, Including Fee; (4) Cumulative Amounts For Each Clin; And (5) Statement Signed By An Authorized Company Representative (6) Certifying That The Costs In The Invoice Are Accurate And Complete. 2. The Government Reserves The Right To Make Invoice Adjustments If Associated Costs Are Determined To Be Unallowable. end Of Supplementary Terms And Conditionsterm Of Contract With Option(s) (mar 2003) the Contract Term Shall Be For A Period Of One Year From The Date Of Award, Subject To The Government's Option To Extend The Term Of The Contract In Accordance With The Clause Entitled, "option To Extend The Term Of The Contract" Far 52.217-9 Contained Herein. end Of Supplementary Terms And Conditionsperiod Of Performance (mar 2003) the Period Of Performance Of This Contract Shall Be From July 15, 2023 Through July 14, 2024 Plus A 12 Month Option Period. end Of Supplementary Terms And Conditionswage Determination No 2015-5461 rev 21 date Of Revision 12/27/22