Very Long Baseline Interferometry - Thumper Test

The Department of Commerce/National Oceanic and Atmospheric Administration/National Environmental Satellite Data and Information Service (DOC/NOAA/NESDIS/FCDAS), intends to award on a single source basis under the authority of FAR 13.106-1(b) to Fullford Electric Inc., 303 East Vanhorn Road, Fairbanks, Alaska 99701.  Fullford Electric is licensed and qualified to complete this service.  The requirement is for procurement of Electrical Thumper Testing for electric wires and cables located at the Fairbanks CDA Station in Fairbanks, Alaska .    

This is a Letter of Intent for commercial service prepared in accordance with the format at FAR Subpart 12.6., as supplemented with additional information included in this notice, and it being conducted pursuant to Acquisition Circular 2005-99 effective June 15, 2018 Part Subpart 12.6 and FAR Part 13.  The Request for Quote (RFQ) number is 1333MD23QNEEB0027.

The acquisition is being sought as a small business requirement only.  The intended procurement will be classified under North American Industry Classification System (NAICS) 238210 – Size Standard $19M.

THIS ANNOUNCEMENT CONSTITUTES THE LETTER OF INTENT; INTERESTED CONTRACTORS CAN SUBMIT COMPANY WRITTEN QUALIFICATIONS FOR REVIEW.

Introduction/Background

The National Oceanic and Atmospheric Administration (NOAA) Office of Satellite and Product Operations (OSPO) is an organizational component of the National Environmental Satellite, Data and Information Service (NESDIS).  The OSPO has operational responsibility for the Satellite Operations Control Center (SOCC) at Suitland, MD and the Command and Data Acquisition Stations (CDAS) at Wallops, VA and Fairbanks, AK to command and control the satellites, to track the satellites, and to acquire their data. The OSPO also manages and directs the operation of the central ground facilities which ingest, process, and distribute environmental satellite data and derived products, to domestic and foreign users.

PURPOSE:

To locate electrical wiring line/feeder breaks from the Power House Building to the Very Long Baseline Interferometry (VLBI) building at NOAA National Environmental Satellite, Data, and Information Service (NESDIS) Fairbanks Command and Data Acquisition Station (FCDAS), 1300 Eisele Road, Fairbanks Alaska 99712.

SCOPE OR MISSION:

FCDAS has lost all 4160-volt power to the VLBI and requires testing to locate failures in three (3) sets of lines/feeders from the Power House to the VLBI. No repairs are required to meet the mission’s requirement.

There are currently two missions operating out of the VLBI. It is critical to test and locate the faults before the first freeze which can happen early October. If the faults can be located quickly, then there might be time to repair the lines and supply power to the building and missions. The equipment in the

building is temperature sensitive and will not be able to operate in the -30 to -40 degrees Fahrenheit (-34 to -40 degrees Celsius) temperatures.

Technical Specifications:

Testing Only Requirements

1. Utilize Arc Reflection Cable Fault Locating System to test and locate three (3) cable breaks.

2. Utilize Hipot tester to Hipot three (3) existing 4160-volt lines/feeders to NOAA Facility.

3. All materials will be supplied by the contractor and none will be left on site.

Contractor Qualifications:

1.  Contractor must provide an Electrical Business License, and must be Bonded and Insured. 

2.  Contractor Employee on site is required to have seven (7) years of Journeyman’s experience and training.  Provide experience and training certifications and electrical license.

3.  Contractors must be Two (2) hours or less from the work location site.

4.  This order is subject to the Service Labor Contract Standards.

Non-Price Evaluation Factors:

Offer(s) shall be evaluated on an individual basis in accordance with the evaluation criteria outlined in the RFQ only.   The award will be made to the responsible offeror that meets the best value to the Government. The offer must meet 1) Technical Specifications Acceptability,  2) Delivery must meet the Government’s need and 3) Price.  Offers that meet or exceed these factors will be selected on a Lowest Price Technically Acceptable basis. 

Safety Requirements:

Damage to Government Property:

The Contractor shall take all measures to protect government and government employee property.

The Contractor shall notify the Government Technical Point of Contact immediately if Government property is damaged during the performance of this contract.

The Contractor will be responsible for any damage by the company on site.

The Contractor is responsible for the safety of their own employees.  The risk is on the contractor.

General Safety:

Contractor shall take safety and health measures in performing work under this contract. Contractor is subject to applicable federal, state, and local laws, regulations, ordinances, codes, and orders relating to safety and health in effect on the date of this contract. During the performance of work under this contract, the Contractor shall comply with all FCDAS site procedures.  The Contractor is responsible for the safety of their own employees.  The risk is on the contractor.

Security Requirements:

1)           Products and services for exchange, refurbishing, or recycling of hardware must comply with NOAA IT Security Manual (ITSM) media sanitization requirements (MP-6) and NIST SP 800-88 Revision 1.

2)           Pre-configured hardware must comply with FAR 39.101(c) regulations for adherence to the NIST SP 800-70 Rev. 3 common security configuration checklist program (https://nvd.nist.gov/ncp/repository). 

3)    New hardware must comply with FAR 4.1302 and be capable of being configured to utilize approved, per FAR 4.1302(b) PIV-compliant (https://www.idmanagement.gov/approved-products-list/) smart card authentication components. 

4)   In addition, new hardware shall be capable of implementing Internet Protocol Version 6 (IPv6) requirements as required by FAR part 11.002(g). Specifically, unless the agency Chief Information Officer waives the requirement for technology using Internet Protocol, the product must comply with applicable technical capabilities defined in the USGv6 Profile (NIST Special Publication (SP) 500-267) and the corresponding declarations of conformance defined in the USGv6 Test Program. To meet this requirement, vendors and suppliers of IP protocol technology must document their product’s support of the requested capabilities through the USGv6 test program (https://www-x.antd.nist.gov/usgv6/) using the USGv6 Suppliers Declaration of Conformity.

5)  The contractor shall comply with the IT Security requirements of the Department of Commerce as outlined in Commerce Acquisition Regulation (CAR) 1352.239-72, Security Requirements for Information Technology Resources (April 2010), except that development of a Security Authorization Package in accordance with CAR 1352.239-72, section (i) is not required.  Contractor personnel will not be provided access to NOAA IT Systems.  The procurement package, IT Checklist defines further requirements.

Personnel Security:

Contractor personnel for on-site maintenance during repairs shall be escorted as visitors by an authorized federal employee within DOC/NOAA facilities, no access to IT equipment is authorized.  

PART 3 – Inspection and Acceptance

(a) The POC or the duly authorized representative will accept supplies and services to be provided under this contract.

(b) The place of acceptance will be:

Department of Commerce (DOC)

NOAA/FCDA STATION 1300 Eisele Road, Fairbanks, Alaska 99712

Acceptance is communicated in writing, unless otherwise indicated by the Contracting Officer, within 10 days of receipt.

PART 4 – Deliveries

The period of performance of this contract is 30 calendar days.

TECHNICAL POINT OF CONTACT:

The FCDAS Technical Point of Contact for any questions, or issues that may arise during the performance of this contract is:

Dan Johnson, Facilities Manager,

(907) 451-1283 (Daniel.l.johnson@noaa.gov)

If TOC is an affiliate, please list the Project Leader: Nathan Minton, FCDAS NOAA/NESDIS Program Management Specialist, (907) 451-1246

Clauses and Provisions Applicable to this Solicitation and Award:

1330-52.270-304 NOAA Acquisition and Grants Office OMBUDSMAN (BR)

1330-52.222-70  NOAA Sexual Assault and Sexual Harassment Prevention and Response Policy(May 2018)

1330-52.237-72 Contractor Access to NOAA Facilities (Sep 2017)

Commerce Acquisition Regulation (CAR) clauses:

CAR 1352.201-70  Contracting Officer’s Authority (APR 2010)

CAR 1352.209-73  Compliance with the Laws (APR 2010)

CAR 1352.209-74  Organizational Conflict of Interest (APR 2010) 

Commerce Acquisition Regulation (CAR) provisions:

CAR 1352.233-70  Agency Protests  (APR 2010) {Fill-In paragraph “b”: Department of Commerce, NOAA, NESDIS, Field Delegate 35663 Chincoteague Road, Wallops Island, VA 23337;  fill-in paragraph “c”: U.S. Department of Commerce, Senior Procurement Executive, 1401 Constitution Avenue NW Suite 6422, Washington DC 20230}

CAR 1352.233-71  GAO and Court of Federal Claims Protest

1352.201-70  Contracting Officer’s Authority (Apr 2010)

1352.215-72  Inquiries (Apr 2010)

The following FAR Provisions and Clauses are incorporated by reference:

52.204-7 System for Award Management (Oct 2018)

52.232-40, Providing Accelerated Payments to Small Business Contractors.

52.212-1,  Instructions to Offerors (OCT 2015)

52.212-3,  Offeror Representations and Certifications- Commercial Items (APR 2016)

52.212-4,  Contract Terms and Conditions- Commercial Items (MAY 2015)

52.212-5,  Contract Terms and Conditions Required To Implement Statutes or Executive Orders- Commercial Items (MAR 2018) applies to this (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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(3) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

52.219-28, POST Award Small Business Program Representation (Jul 2013) (15 U.S.C. 632(a)(2)).

52.222-3, Convict Labor (June 2003) (E.O. 11755).

52.222-19, Child Labor—Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126).

52.222-21, Prohibition of Segregated Facilities (Apr 2015).

52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

52.225-1, Buy American—Supplies (May 2014) (41 U.S.C. chapter 83).

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).

52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013)(31 U.S.C. 3332).

52.203-18 Prohibition On Contracting with Entities That Require Certain Internal Confidentiality Agreements or Statements—Representation  (Jan 2017)

52.203-19  Prohibition On Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017)

The following Far clauses are provided in full text:

52.222-41  Service Contract Labor Standards (Aug 2018)

Wage Determination No: 2015-5683  Rev. 08/05/2023

52.222-42  Statement of Equivalent Rates for Federal Hires  (May 2014)

Federal Worker:  Lead Electrician   Hour Rate: $37.93   Grade: WL 10

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 address:  https://www.acquisition.gov/?q=browsefar

52.252-6, Authorized Deviations in Clauses (Apr 1984)

(a)  The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b)  The use in this solicitation or contract of any Commerce Acquisition Regulation (48 CFR Chapter 1352) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

52.252-1, Solicitation Provisions Incorporated by Reference (Feb 1998)

This solicitation incorporates one or more solicitation provisions by references, 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.  The offeror is cautioned that the listed provision may include blocks that must be completed by the offeror and submitted with its quotation and offeror.  In lieu of submitting text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer.  Also, the full text of a solicitation provision may be accessed electronically at this address:  https://www.acquisition.gov/?q=browsefar 

52.252-5, Authorized Deviations in Provisions (Apr 1984)

(a)  The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the provision.

(b)  The use in this solicitation or contract of any Commerce Acquisition Regulation (48 CFR Chapter 1352) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

52.212-2, Evaluation—Commercial Items (Oct 2014)

(a)  The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered.  The following factors shall be used to evaluate offers:

(1) The offerors capability to successfully perform the contract.

(2) Price.

(b) “Options”  The Government will evaluate offers for award purposes by adding the total price for all options to the unacceptable if the option prices are significantly unbalanced.. Evaluation of options shall not obligate the Government to exercise the option(s).

(c)  A written notice of award or acceptance of an offer, shall result in a binding contract without further action by either party.  Before the offer’s specified expiration time, the Government may accept and offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdraw is received before award.

52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment  (Oct 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 paragraph (c)(1) in the provision at 52.204-26,

 Covered Telecommunications Equipment or Services--Representation, or in paragraph (v)(2)(i) of the

 provision at 52.212-3, Offeror Representations and Certifications-Commercial Items. The Offeror shall

 not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented

 that it "does not use covered telecommunications equipment or services, or any equipment, system,

 or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the

 provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

 (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.

 (End Of Provision)

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT (AUG 2020)

 (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

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,

 paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments,

 including subcontracts for the acquisition of commercial items.

52.204-26 Covered Telecommunications Equipment or Services-Representation (OCT 2020)

      (a) Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry" have 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) (1) 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.

           (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 any equipment, system, or service that uses covered telecommunications equipment or services.

 (End Of Clause)

In order to comply with the Debt Collection Improvement Act of 1996, ALL Vendors must be registered in the System for Award Management (SAM) to be considered for an award of a Federal contract.  For information regarding registration in SAM, contact the SAM website at www.beta.sam.gov . 

Interested persons may identify their interest and capability by responding to the requirement or submit a proposal.  This notice of intent is not a request for competitive proposals.  However, all proposals received by 4:00 PM ET on September 15, 2023 will be considered by the Government.  A determination by the Government not to compete this proposal requirement based upon responses to this notice 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.  Responses to this notice must show clear and convincing evidence that competition is available.

All persons responding to this notice must be submitted in writing via electronic means (email only) to donna.l.cohee@noaa.gov by 4:00 PM ET on September 15,2023.  Anticipated award date is on or about September 20, 2023.  Contractors are encouraged to register with the beta.SAM.gov Vendor Notification Service as well as the Interested Vendors List for this acquisition (see applicable tab within beta.SAM. gov under Contract Opportunities where this synopsis is posted).