89--OPTION - Camp Mackall Ice Resupply

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 W91247-23-R-0069 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 312113 with a small business size standard of 750.00 employees. 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: 2023-05-15 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 MICC Fort Bragg requires the following items, Purchase Description Determined by Line Item, to the following: Base Period of Performance: 07/01/2023 - 06/30/2024 LI 001: Deliver 20lb Bags of cubed or crushed Ice bi-weekly and stack into walk-in freezers at Camp Mackall, NC. Period of Performance: July 2023. See attached PWS., 1300, EA; LI 002: Deliver 20lb Bags of cubed or crushed Ice bi-weekly and stack into walk-in freezers at Camp Mackall, NC. Period of Performance: August 2023. See attached PWS., 1300, EA; LI 003: Deliver 20lb Bags of cubed or crushed Ice bi-weekly and stack into walk-in freezers at Camp Mackall, NC. Period of Performance: September 2023. See attached PWS., 1300, EA; LI 004: Deliver 20lb Bags of cubed or crushed Ice bi-weekly and stack into walk-in freezers at Camp Mackall, NC. Period of Performance: October 2023. See attached PWS., 1300, EA; LI 005: Deliver 20lb Bags of cubed or crushed Ice monthly and stack into walk-in freezers at Camp Mackall, NC. Period of Performance: November 2023. See attached PWS., 650, EA; LI 006: Deliver 20lb Bags of cubed or crushed Ice monthly and stack into walk-in freezers at Camp Mackall, NC. Period of Performance: December 2023. See attached PWS., 650, EA; LI 007: Deliver 20lb Bags of cubed or crushed Ice monthly and stack into walk-in freezers at Camp Mackall, NC. Period of Performance: January 2024. See attached PWS., 650, EA; LI 008: Deliver 20lb Bags of cubed or crushed Ice monthly and stack into walk-in freezers at Camp Mackall, NC. Period of Performance: February 2024. See attached PWS., 650, EA; LI 009: Deliver 20lb Bags of cubed or crushed Ice monthly and stack into walk-in freezers at Camp Mackall, NC. Period of Performance: March 2024. See attached PWS., 650, EA; LI 010: Deliver 20lb Bags of cubed or crushed Ice bi-weekly and stack into walk-in freezers at Camp Mackall, NC. Period of Performance: April 2024. See attached PWS., 1300, EA; LI 011: Deliver 20lb Bags of cubed or crushed Ice bi-weekly and stack into walk-in freezers at Camp Mackall, NC. Period of Performance: May 2024. See attached PWS., 1300, EA; LI 012: Deliver 20lb Bags of cubed or crushed Ice bi-weekly and stack into walk-in freezers at Camp Mackall, NC. Period of Performance: June 2024. See attached PWS., 1300, EA; Option 1 Period of Performance: 07/01/2024 - 06/30/2025 LI 001: Deliver 20lb Bags of cubed or crushed Ice bi-weekly and stack into walk-in freezers at Camp Mackall, NC. Period of Performance: July 2024. See attached PWS., 1300, EA; LI 002: Deliver 20lb Bags of cubed or crushed Ice bi-weekly and stack into walk-in freezers at Camp Mackall, NC. Period of Performance: August 2024. See attached PWS., 1300, EA; LI 003: Deliver 20lb Bags of cubed or crushed Ice bi-weekly and stack into walk-in freezers at Camp Mackall, NC. Period of Performance: September 2024. See attached PWS., 1300, EA; LI 004: Deliver 20lb Bags of cubed or crushed Ice bi-weekly and stack into walk-in freezers at Camp Mackall, NC. Period of Performance: October 2024. See attached PWS., 1300, EA; LI 005: Deliver 20lb Bags of cubed or crushed Ice monthly and stack into walk-in freezers at Camp Mackall, NC. Period of Performance: November 2024. See attached PWS., 650, EA; LI 006: Deliver 20lb Bags of cubed or crushed Ice monthly and stack into walk-in freezers at Camp Mackall, NC. Period of Performance: December 2024. See attached PWS., 650, EA; LI 007: Deliver 20lb Bags of cubed or crushed Ice monthly and stack into walk-in freezers at Camp Mackall, NC. Period of Performance: January 2025. See attached PWS., 650, EA; LI 008: Deliver 20lb Bags of cubed or crushed Ice monthly and stack into walk-in freezers at Camp Mackall, NC. Period of Performance: February 2025. See attached PWS., 650, EA; LI 009: Deliver 20lb Bags of cubed or crushed Ice monthly and stack into walk-in freezers at Camp Mackall, NC. Period of Performance: March 2025. See attached PWS., 650, EA; LI 010: Deliver 20lb Bags of cubed or crushed Ice bi-weekly and stack into walk-in freezers at Camp Mackall, NC. Period of Performance: April 2025. See attached PWS., 1300, EA; LI 011: Deliver 20lb Bags of cubed or crushed Ice bi-weekly and stack into walk-in freezers at Camp Mackall, NC. Period of Performance: May 2025. See attached PWS., 1300, EA; LI 012: Deliver 20lb Bags of cubed or crushed Ice bi-weekly and stack into walk-in freezers at Camp Mackall, NC. Period of Performance: June 2025. See attached PWS., 1300, EA; Option 2 Period of Performance: 07/01/2025 - 06/30/2026 LI 001: Deliver 20lb Bags of cubed or crushed Ice bi-weekly and stack into walk-in freezers at Camp Mackall, NC. Period of Performance: July 2025. See attached PWS., 1300, EA; LI 002: Deliver 20lb Bags of cubed or crushed Ice bi-weekly and stack into walk-in freezers at Camp Mackall, NC. Period of Performance: August 2025. See attached PWS., 1300, EA; LI 003: Deliver 20lb Bags of cubed or crushed Ice bi-weekly and stack into walk-in freezers at Camp Mackall, NC. Period of Performance: September 2025. See attached PWS., 1300, EA; LI 004: Deliver 20lb Bags of cubed or crushed Ice bi-weekly and stack into walk-in freezers at Camp Mackall, NC. Period of Performance: October 2025. See attached PWS., 1300, EA; LI 005: Deliver 20lb Bags of cubed or crushed Ice monthly and stack into walk-in freezers at Camp Mackall, NC. Period of Performance: November 2025. See attached PWS., 650, EA; LI 006: Deliver 20lb Bags of cubed or crushed Ice monthly and stack into walk-in freezers at Camp Mackall, NC. Period of Performance: December 2025. See attached PWS., 650, EA; LI 007: Deliver 20lb Bags of cubed or crushed Ice monthly and stack into walk-in freezers at Camp Mackall, NC. Period of Performance: January 2026. See attached PWS., 650, EA; LI 008: Deliver 20lb Bags of cubed or crushed Ice monthly and stack into walk-in freezers at Camp Mackall, NC. Period of Performance: February 2026. See attached PWS., 650, EA; LI 009: Deliver 20lb Bags of cubed or crushed Ice monthly and stack into walk-in freezers at Camp Mackall, NC. Period of Performance: March 2026. See attached PWS., 650, EA; LI 010: Deliver 20lb Bags of cubed or crushed Ice bi-weekly and stack into walk-in freezers at Camp Mackall, NC. Period of Performance: April 2026. See attached PWS., 1300, EA; LI 011: Deliver 20lb Bags of cubed or crushed Ice bi-weekly and stack into walk-in freezers at Camp Mackall, NC. Period of Performance: May 2026. See attached PWS., 1300, EA; LI 012: Deliver 20lb Bags of cubed or crushed Ice bi-weekly and stack into walk-in freezers at Camp Mackall, NC. Period of Performance: June 2026. See attached PWS., 1300, EA; Option 3 Period of Performance: 07/01/2026 - 06/30/2027 LI 001: Deliver 20lb Bags of cubed or crushed Ice bi-weekly and stack into walk-in freezers at Camp Mackall, NC. Period of Performance: July 2026. See attached PWS., 1300, EA; LI 002: Deliver 20lb Bags of cubed or crushed Ice bi-weekly and stack into walk-in freezers at Camp Mackall, NC. Period of Performance: August 2026. See attached PWS., 1300, EA; LI 003: Deliver 20lb Bags of cubed or crushed Ice bi-weekly and stack into walk-in freezers at Camp Mackall, NC. Period of Performance: September 2026. See attached PWS., 1300, EA; LI 004: Deliver 20lb Bags of cubed or crushed Ice bi-weekly and stack into walk-in freezers at Camp Mackall, NC. Period of Performance: October 2026. See attached PWS., 1300, EA; LI 005: Deliver 20lb Bags of cubed or crushed Ice monthly and stack into walk-in freezers at Camp Mackall, NC. Period of Performance: November 2026. See attached PWS., 650, EA; LI 006: Deliver 20lb Bags of cubed or crushed Ice monthly and stack into walk-in freezers at Camp Mackall, NC. Period of Performance: December 2026. See attached PWS., 650, EA; LI 007: Deliver 20lb Bags of cubed or crushed Ice monthly and stack into walk-in freezers at Camp Mackall, NC. Period of Performance: January 2027. See attached PWS., 650, EA; LI 008: Deliver 20lb Bags of cubed or crushed Ice monthly and stack into walk-in freezers at Camp Mackall, NC. Period of Performance: February 2027. See attached PWS., 650, EA; LI 009: Deliver 20lb Bags of cubed or crushed Ice monthly and stack into walk-in freezers at Camp Mackall, NC. Period of Performance: March 2027. See attached PWS., 650, EA; LI 010: Deliver 20lb Bags of cubed or crushed Ice bi-weekly and stack into walk-in freezers at Camp Mackall, NC. Period of Performance: April 2027. See attached PWS., 1300, EA; LI 011: Deliver 20lb Bags of cubed or crushed Ice bi-weekly and stack into walk-in freezers at Camp Mackall, NC. Period of Performance: May 2027. See attached PWS., 1300, EA; LI 012: Deliver 20lb Bags of cubed or crushed Ice bi-weekly and stack into walk-in freezers at Camp Mackall, NC. Period of Performance: June 2027. See attached PWS., 1300, EA; Option 4 Period of Performance: 07/01/2027 - 06/30/2028 LI 001: Deliver 20lb Bags of cubed or crushed Ice bi-weekly and stack into walk-in freezers at Camp Mackall, NC. Period of Performance: July 2027. See attached PWS., 1300, EA; LI 002: Deliver 20lb Bags of cubed or crushed Ice bi-weekly and stack into walk-in freezers at Camp Mackall, NC. Period of Performance: August 2027. See attached PWS., 1300, EA; LI 003: Deliver 20lb Bags of cubed or crushed Ice bi-weekly and stack into walk-in freezers at Camp Mackall, NC. Period of Performance: September 2027. See attached PWS., 1300, EA; LI 004: Deliver 20lb Bags of cubed or crushed Ice bi-weekly and stack into walk-in freezers at Camp Mackall, NC. Period of Performance: October 2027. See attached PWS., 1300, EA; LI 005: Deliver 20lb Bags of cubed or crushed Ice monthly and stack into walk-in freezers at Camp Mackall, NC. Period of Performance: November 2027. See attached PWS., 650, EA; LI 006: Deliver 20lb Bags of cubed or crushed Ice monthly and stack into walk-in freezers at Camp Mackall, NC. Period of Performance: December 2027. See attached PWS., 650, EA; LI 007: Deliver 20lb Bags of cubed or crushed Ice monthly and stack into walk-in freezers at Camp Mackall, NC. Period of Performance: January 2028. See attached PWS., 650, EA; LI 008: Deliver 20lb Bags of cubed or crushed Ice monthly and stack into walk-in freezers at Camp Mackall, NC. Period of Performance: February 2028. See attached PWS., 650, EA; LI 009: Deliver 20lb Bags of cubed or crushed Ice monthly and stack into walk-in freezers at Camp Mackall, NC. Period of Performance: March 2028. See attached PWS., 650, EA; LI 010: Deliver 20lb Bags of cubed or crushed Ice bi-weekly and stack into walk-in freezers at Camp Mackall, NC. Period of Performance: April 2028. See attached PWS., 1300, EA; LI 011: Deliver 20lb Bags of cubed or crushed Ice bi-weekly and stack into walk-in freezers at Camp Mackall, NC. Period of Performance: May 2028. See attached PWS., 1300, EA; LI 012: Deliver 20lb Bags of cubed or crushed Ice bi-weekly and stack into walk-in freezers at Camp Mackall, NC. Period of Performance: June 2028. See attached PWS., 1300, EA; 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, MICC Fort Bragg 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. MICC Fort Bragg 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 (555) 000-0000 or via email at contact@example.gov. 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 (555) 000-0000 or contact@example.gov 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. The applicable NAICS code for this procurement is 312113 with the related size standard of 750 employees. The NAICS code identified herein must appear in FAR 52.212-3 "Offeror Representations and Certifications" in SAM and the vendor must be actively registered in that NAICS Prior to Award to be considered for any resulting contract. Failure to be properly registered at the time and date of award may render the quote nonresponsive. Will be based on lowest price technically acceptable. The sum of all priced items and the quantity stated in this solicitation will be considered as a total price. The selected Offeror must comply with the following commercial item terms and conditions. FAR 52.212-1, Instructions to Offerors - Commercial, applies to this acquisition. The selected Offeror must submit a completed copy of the provision at 52.212-3, Offeror Representations and Certifications - Commercial Items (DEC 2012). FAR 52.212-4, Contract Terms and Conditions - Commercial Items, applies to this acquisition. The Contractor shall comply with the FAR clauses that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: 52.202-1, 52.212-3, 52.204-7, 52.204-9, 52.212-4, 52.223-11, 52.225-13, 52.232-23, 52.233-1, 52.223-18, 52.237-2, 252.201-7000, 252.203-7002, +1 (555) 000-0000, 252.223-7006, 252.232-7010, 252.232-7003 and 252.243-7001. Upon request, the Contracting Officer will make their full text available. Also, the full text of a solicitation provision may be accessed electronically at this address: http://farsite.hill.af.mil and/or http://www.acqnet.gov/far. The Contractor shall comply with the FAR clauses that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: The following FAR clauses in 52.212-5, Contract Terms And Conditions Required To Implement Statutes Or Executive Orders--Commercial Items (MAY 2012), will apply: 52.222-21, 52.222-26, 52.222-35, 52.222-36, 52.222-37, 52.222-50, 52.225-13, 52.232-34, 52.233-3, 52.233-4, 52.219-6, 52.219-8, 52.219-28, 52.222-3, 52.222-19, 52.225-1, 52.232-33, 52.203-13, 52.222-40, 52.222-41, 52.222-51, 52.222-53, 52.222-54, 52.226-6. Upon request, the Contracting Officer will make their full text available. Also, the full text of a solicitation provision may be accessed electronically at this address: http://farsite.hill.af.mil and/or http://www.acqnet.gov/far. The following DFARS clauses are applicable under DFAS 252.212-7001: 52.203-3, Gratuities (APR 1984), 252.225-7001, Buy American Act and Balance of Payments Program; 252.211-7003 ITEM IDENTIFICATION AND VALUATION (JUN 2011); 252.246-70000 Material Inspection and receiving Report, Alternate I (OCT 2011) of 252.225-7001, 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports (MAR 2008). Upon request, the Contracting Officer will make their full text available. Also, the full text of a solicitation provision may be accessed electronically at this address: http://farsite.hill.af.mil and/or http://www.acqnet.gov/far. Systems for Award Management (SAM). Offerors shall ensure their company is registered in the System for Award Management (SAM) database and has completed their annual representations and certifications through the SAM website. The Government transitioned from the Central Contractor Registration System (CCR) www.ccr.gov, and Online Representations and Certifications Application (ORCA) https://www.acquisition.gov, to the System for Award Management (SAM) https://www.sam.gov. Any reference to CCR or ORCA in this document is to be understood as SAM. Bid MUST be good for 30 calendar days after submission 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. No partial shipments unless otherwise specified at time of order In accordance with DFARS 252.232-7003, - Electronic Submission of Payment Requests and Receiving Reports, the contractor shall submit their payment request electronically using the Wide Area Workflow (WAWF). The WAWF website is located at https://wawf.eb.mil. There is no charge to use WAWF. Contractors must register to use WAWF at this website and ensure an electronic business point of contact (POC) is designated in the Central Contractor Registration site at http://www.ccr.gov within ten (10) calendar days after award of this contract. Contractor training is available at the website Home Page, under - about WAWF. Contractors may contact the WAWF Customer Support for assistance toll free at +1 (555) 000-0000; commercial: +1 (555) 000-0000; Fax commercial: +1 (555) 000-0000 or contact@example.gov SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) This solicitation incorporates one or more solicitation provisions 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 solicitation provision may be accessed electronically at this address: http://farsite.hill.af.mil and/or http://www.acqnet.gov/far. This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://farsite.hil.af.mil and/or http://www.acqnet.gov/far. The Government will award a contract resulting from this solicitation to the responsible quoter whose quote 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: Price and Technical Capability: TECHNICAL CAPABILITY: The Government will review the contractor's technical capability submission to ensure: 1) The proposal reflects a sound approach and understanding of this requirement and the contractor has the technical ability to successfully perform the requirement. 2) The quoted property meets all the requirements of the SOW to include the security measures. For purposes of determining that the property has appropriate security for soldiers, the Contracting Officer will review reported incidents of crime at the quoted property and surrounding premises with local police department to ensure the hotel security measures are appropriate to the area and provide a safe environment for Soldiers. The Contracting Officer may search outside websites (https://www.tripadvisor.com/, http://www.bedbugregistry.com/, etc.) to obtain information regarding the quoted property to ensure compliance with the SOW requirements. PRICE: The Government intends to award this procurement based on a determination of a fair and reasonable price. (a) Pursuant to Department of Defense Instruction Number 2000.16, - DoD Antiterrorism (AT) Standards, dated October 2, 2006, each contractor employee requiring access to a Federally-controlled installation, facility and/or Federally-controlled information system(s) shall complete Level I AT Awareness Training on an annual basis and receive a certificate of completion. The training is accessible from any computer and is available at https://atlevel1.dtic.mil/at/. The contractor is responsible for ensuring that all applicable employees have completed antiterrorism awareness training and shall certify that their workforce has completed the training through the submission of completion certificate(s) to the Contracting Officer and the Contracting Officer's Representative (if appointed) within five working days after contract award or prior to access to a Federally-controlled installation or information system. (b) In the event that the automated system at https://atlevel1.dtic.mil/at/ is not available (e.g., server problems), Level I AT Awareness Training can be provided by a qualified instructor. However, if the training is not completed online, the Level I AT Awareness Instructor qualification must be coordinated with the Installation Antiterrorism Officer (or Installation Security equivalent) and the resultant name(s) of approved instructors shall be provided the contracting officer or designee along with all associated cost or schedule impacts to the contract. (c) Antiterrorism performance (Level I AT Awareness Training attendance and compliance) may be documented as a performance metric under the resultant contract, and be part of past performance information in support of future source selections. (End of clause) If you have complaints about this procurement, it is preferable that you first attempt to resolve those concerns with the responsible contracting officer. However, you can also protest to Headquarters (HQ), Army Materiel Command (AMC). The HQ AMC-Level Protest Program is intended to encourage interested parties to seek resolution of their concerns within AMC as an Alternative Dispute Resolution forum, rather than filing a protest with the Government Accountability Office (GAO) or other external forum. Contract award or performance is suspended during the protest to the same extent, and within the same time periods, as if filed at the GAO. The AMC protest decision goal is to resolve protests within 20 working days from filing. To be timely, protests must be filed within the periods specified in FAR 33.103. If you want to file a protest under the HQ AMC-Level Protest Program, the protest must request resolution under that program and be sent to the address below. All other agency-level protests should be sent to the contracting officer for resolution. Headquarters U.S. Army Materiel Command Office of Command Counsel 4400 Martin Road Rm: A6SE040.001 Redstone Arsenal, AL 35898-5000 Fax: +1 (555) 000-0000 Packages sent by FedEx or UPS should be addressed to: Headquarters U.S. Army Materiel Command Office of Command Counsel 4400 Martin Road Rm: A6SE040.001 Redstone Arsenal, AL 35898-5000 Fax: +1 (555) 000-0000 The AMC-Level Protest procedures are found at: http://www.amc.army.mil/pa/COMMANDCOUNSEL.asp If internet access is not available, contact the contracting officer or HQ, AMC to obtain the HQ AMC-Level Protest Procedures. (End of Clause) PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS'REPRESENTATION (DEVIATION 2016-O0003)(OCT 2015) a) In accordance with section 101(a) of the Continuing Appropriations Act, 2016 (Pub. L. 114-53) and any subsequent FY 2016 appropriations act that extends to FY 2016 funds the same restrictions as are contained in section 743 of division E, title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), none of the funds appropriated (or otherwise made available) by this or any other Act may be used for a contract with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contactors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (b) The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (c) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contactors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS (DEVIATION 2016-O0003)(OCT 2015) (a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contactors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (b) The Contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect. (c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (d)(1) Use of funds appropriated (or otherwise made available) by the Continuing Appropriations Act, 2016 (Pub. L. 114-53) or any other FY 2016 appropriations act that extends to FY 2016 funds the same prohibitions as contained in sections 743 of division E, title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause. (2) The Government may seek any available remedies in the event the Contractor fails to perform in accordance with the terms and conditions of the contract as a result of Government action under this clause. FAR Clause 52.204-24 (Oct 2020) Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. 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 ...