07 RFQ NOAA Virtual Recruitment Events.pdf

UNITED STATES DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

OFFICE OF ACQUISITION AND GRANTS

Corporate Services Acquisition Division

This Request for Quotation number NA-AJ4000-21-RQ-00048 is for virtual recruitment events such as Career Fairs. The applicable North American Industry Classification System (NAICS) Code 511210 – Software Publishers. This announcement constitutes the only solicitation; a quote is requested. The specific requirements are presented in the Statement of Work. Along with the quote, the Offeror shall provide a price list in reference to the items listed in the Statement of Work.

This acquisition is set-aside 100% for small, disadvantaged businesses.

NOAA Virtual Recruitment Events Employment Career Fair

Statement of Work

GENERAL INFORMATION

Background:

Changes in the agency’s ability to recruit talent at physical events and meetings, NOAA is searching for an online service provider to host virtual events, such as career fairs and information sessions. The agency requires a platform that will accommodate unlimited virtual events, such as career fairs, for 12 months, with the individual events to be determined as critical needs arise.

Scope of Work: NOAA is seeking a contractor to provide the software as a service (SaaS) to host, market, and promote the agency’s recruitment events such as Veterans and Disability Employment Career Fair. NOAA is seeking a platform that can be both scalable and able to accommodate unlimited virtual events for 12 months. The platform must meet Federal requirements such as Section 508 compliance, and provide the capabilities outlined in requirements below. Staff training and technical support will be required.

REQUIREMENTS

Technical Requirements/Tasks: The selected virtual recruitment platform will:

● Registration – Customize and manage online registration with qualifying questions

● Attendance – Accommodate attendance of up to a maximum of 1,500 concurrent attendees and staff at any one event

● Configurable Environment – Platform will be configurable and allow for corporate branding to reflect the agency’s unique look and feel

● Chat/Messaging – Secure text and video messaging in both public and private chat rooms

● Exhibit Booths/Breakout Rooms – Offer a variety of topic-based rooms, each https://www.sba.gov/sites/default/files/files/Size_Standards_Table_2017.pdf with related documents and information uploaded

● Presentations – Host pre-recorded videos and live presentations with question-and-answer sessions; and record live presentations for subsequent repurposing

● Document Sharing – Securely enable registrants the ability to upload resumes and other documents to allow only event staff access. This information should not be accessible to other attendees.

o Resumes must be downloadable by event staff and able to be sorted by registration queries. For example, sort by degree, salary, date of application, etc.

● Communication – Ability to send emails for ongoing communication to event registrants and staff members

● Security and Compliance – Platform must meet Government security and accessibility requirements including meet the Americans with Disabilities Act Section 508 compliance. Software must be compliant with all current DOC and NOAA IT Security policies and requirements. Moderate level Security Assessment & Authorization (A&A) to be in compliance with NIST Special Publication 800-53 most recent version and/or have FedRamp (fedramp.gov) certification. Offeror must provide NOAA access to their IT security documents.

● Mobile device friendly – Present well and accessible on mobile devices such as tablet computers and smart phones.

● Links – Platform must have the ability to link to other government recruitment platforms (e.g., USAJOBS)

● Training and Technical Support – Train-the-trainer course for a core group of power users must be provided and recorded for refresher training, to include implementation, ongoing support, and end user customer support

● ROI and Metrics – Must provide reporting and analytics, including but not limited to:

● Heat mapping of attendance

● Event registration metrics

● Overall event registration versus attendance rates

● Attendance trends, including overall time spent in event

● Unique and total visitors to each area and material download activity

● Chat history

● Live presentation attendance and on-demand presentation views

● Ability to provide post-event surveying as attendees exit virtual event and provide a response analysis

● Relevant Experience – Contractor shall have proven experience in all aspects of large-scale virtual event planning and production, to include promotion, training, creative development, and execution. Experience with Federal Government recruitment programs is preferred.

Use of Data. NOAA will have full access to all user (“User”) information including, but not limited to, email address, resume, and profile information.

Deliverables:

● Kick-off meeting (virtual is acceptable) – 10 business days from date of award

● Implementation/Configuration schedule – draft to be presented at kick-off meeting

● Training schedule – draft to be presented at kick-off meeting

● Applicant and recruitment reports – Available upon initially creating the first recruitment event within the platform

Period of Performance:

● Base period of performance: Twelve (12) months from date of award

● Option period 1: Twelve (12) months starting from the end of base period

● Option period 2: Twelve (12) months starting from the end of option period

Points of Contact:

Contracting Officer:

Catherine Perren Catherine.a.perren@noaa.gov

(301) 628-1398

Technical Point of Contact:

TBD

Contract Officer Representative:

TBD

mailto:Catherine.a.perren@noaa.gov

Pricing Table

(Offeror may customize their price quote)

CLIN 0001 – Virtual Recruitment Events – Base Year

CLIN 1001 – Virtual Recruitment Events – Option Year 1

CLIN 2001 – Virtual Recruitment Events – Option Year 2

CLIN 0001 Description Unit of Measure Monthly Rate Total 0001 month $ $ Subtotal Task 1 Value $ Six month pricing IAW FAR 52.217-8 $ TOTAL Task 1 PRICE $

CLIN Description Unit of Measure Monthly Rate Total 0002 Task 2 Months $ $ Subtotal Task 2 Value $ Six month pricing IAW FAR 52.217-8 $ TOTAL Task 2 PRICE $

CLIN Description Unit of Measure Monthly Rate Total 0002 Task 2 Months $ $ Subtotal Task 2 Value $ Six month pricing IAW FAR 52.217-8 $ TOTAL Task 2 PRICE $

Quote Format

The Offeror shall submit:

1. Volume 1: Technical Approach

2. Volume 2: Cost/Price to include a completed pricing matrix as outlined in the pricing table of this RFQ. For each task, The offeror shall also submit pricing for an additional 6-month period that may be authorized IAW FAR 52.217-8. See FAR 52.217-8 which authorizes the Government to require continued performance of any services within the limits and at the rates specified in the contract.

Quote materials shall be organized in two volumes as follows. :

Volume 1: Signed SF1449; Technical Approach; Past Performance and Relevant Experience Volume 2: Cost/Price Quote

Volumes 1 and 2 may be submitted in adobe acrobat (PDF) format. Volumes 1 shall not contain any price information. The Offeror’s quote shall be predicated upon all the terms and conditions of this RFQ. In addition, the Offeror’s quote, including pricing, must be valid for a minimum of 60 calendar days from the date of receipt by the Government. Failure to follow instructions regarding the format content of the quote may result in the offer not being considered for award.

Pages beyond the page limit constraints will not be considered during evaluations.

Communications and Response Dates

Questions concerning this RFQ shall be submitted in writing via electronic mail to catherine.a.perren@noaa.gov no later than September 15, 2021 at 2:00 PM EST. Questions shall be submitted using email and shall reference the particular section of the RFQ for the question. All relevant and timely questions will be conveyed to all Contractors through email in a timely manner. In addition to any questions, any potential quoters shall disclose any potential, actual, or apparent Organizational Conflicts of Interest as a result of becoming the awardee during the question and answer period.

All quotes shall be submitted no later than September 20, 2021 at 2:00 PM EST. NOAA is not liable for any contractor costs associated with responding to this RFQ. NOAA reserves the right not to make any award as a result of this RFQ.

mailto:catherine.perren@noaa.gov

Proposal Organization

Volume/ Instructions Page Limit

(Maximum)

Volume 1: SF1449; Technical Requirements; Past Performance and Relevant Experience

This volume will be used to evaluate the technical capabilities of the Offeror as well as the functions and features of the services being offered. It is comprised of the Offeror’s technical approach.

No cost or price information shall be included in this volume.

Volume 2: Cost/Price

The cost/price proposal . Any pricing narrative shall not exceed three additional pages. The resulting contract will be a Firm Fixed Price purchase order.

Evaluation

The following factors will be used to evaluate quotations:

(a) Technical Requirements and Relevant Experience:

The offeror must demonstrate they meet all the technical requirements outlined on pages 1 and 2 for:

● Registration

● Attendance

● Configurable Environment

● Chat/Messaging

● Exhibit Booths/Breakout Rooms

● Presentations

● Document Sharing

● Communication

● Security and Compliance – Platform must meet Government security and accessibility requirements including meet the Americans with Disabilities Act Section 508 compliance. Software must be compliant with all current DOC and NOAA IT Security policies and requirements. Moderate level Security Assessment & Authorization (A&A) to be in compliance with NIST Special Publication 800-53 most recent version and/or have FedRamp (fedramp.gov) certification. Offeror shall provide NOAA access to their IT security documents with their offer.

● Mobile device friendly

● Links

● Training and Technical Support

● ROI and Metrics

(b) Relevant Experience and past performance: The offeror's past performance on related contracts will be evaluated to determine, as appropriate, successful performance of contract requirements, quality and timeliness of delivery of goods and services

-Provide a list of no more than three (3), of the most recent and relevant contracts or projects performed for Federal agencies and commercial customers within the last five (5) years. Past performance references shall include project point of contact; telephone number and email address, a description of the project and total project value in US dollars.

The Government will use its discretion to determine the sources of past performance information used in the evaluation, and the information may be obtained from references provided by the offeror, the agency's knowledge of contractor performance, other government agencies or commercial entities, or past performance databases.

-To be considered a recent past performance reference, the project must be ongoing or must have been performed during the past five years from the date of issuance of this solicitation.

-To be considered a relevant past performance reference, the project information must be similar in scope and complexity to Section C, “Description of Supplies or Services, of this solicitation.

If an offeror does not have a history of relevant contract experience, or if past performance information is not available, the offeror will receive a neutral past performance rating; however, an offeror without a history of relevant experience may receive a lowered rating for the experience evaluation factor.

(c) Price

Offeror shall submit a completed price quote that includes a price iaw FAR 52.217-8.

Method of Award

The Government may award to a single offeror or award two separate tasks to separate offerors whose quote(s) is lowest price technically acceptable, in accordance with the evaluation factors listed in this section of this RFQ.

This Request for Quotation incorporates provisions and clauses in effect through Federal Acquisition Circulars 2021-07, dated August 11, 2021.

Please note that contractors shall complete and submit provision FAR 52.204-24, 52.204-26, 52.209-11 and 52.212-3 before NOAA makes the award if information differs from System https://www.acquisition.gov/content/52209-11-representation-corporations-regarding-delinquent-tax-liability-or-felony-conviction https://www.acquisition.gov/content/52209-11-representation-corporations-regarding-delinquent-tax-liability-or-felony-conviction https://sam.gov/SAM/ for Award Management (SAM) representations and certifications.

SOLICITATION PROVISIONS AND CONTRACT CLAUSES

PROVISIONS

FULL TEXT PROVISIONS

Offeror must complete and return the following provisions with their proposal/quotation.

FAR 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 52.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 https://sam.gov/SAM/ https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_204_25 services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award

Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(d) Representation. The Offeror represents that—

(1) It □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—

It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

https://www.sam.gov/

(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.

(3) 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)

FAR 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, https://www.acquisition.gov/far/52.204-25#FAR_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 provision)

FAR 52.252-1 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full 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/these address(es) https://www.acquisition.gov/browse/index/far and https://acquisition.gov/car

CAR Provisions in Full Text

CAR 1352.233-70 Agency protests (APR 2010)

(a) An agency protest may be filed with either: (1) The contracting officer, or (2) at a level above the contracting officer, with the appropriate agency Protest Decision Authority. See 64 FR 16,651 (April 6, 1999).

(b) Agency protests filed with the Contracting Officer shall be sent to the following address:

Contracting Officer Catherine Perren 1325 East West Highway Silver Spring, MD 20910 catherine.a.perren@noaa.gov Tel: (301) 628-1434

(c) Agency protests filed with the agency Protest Decision Authority shall be sent to the following address:

David Marks National Oceanic and Atmospheric Administration https://www.sam.gov/ https://www.acquisition.gov/browse/index/far https://acquisition.gov/car

Acquisition and Grants Office 1325 East West Highway, Suite 6300 Silver Spring, MD 20910 Phone Number: (301) 628-1407

FAX: (301) 713-1974

(d) A complete copy of all agency protests, including all attachments, shall be served upon the Contract Law Division of the Office of the General Counsel within one day of filing a protest with either the Contracting Officer or the Protest Decision Authority.

(e) Service upon the Contract Law Division shall be made as follows:

U.S. Department of Commerce Office of the General Counsel Chief, Contract Law Division, Room 5893 Herbert C. Hoover Building 14th Street and Constitution Avenue, NW.

Washington, DC 20230

FAX: (202) 482–5858

CAR 1352.233-71 GAO and Court of Federal Claims Protests (APR 2010)

a) A protest may be filed with either the Government Accountability Office (GAO) or the Court of Federal Claims unless an agency protest has been filed.

(b) A complete copy of all GAO or Court of Federal Claims protests, including all attachments, shall be served upon (i) the Contracting Officer, and (ii) the Contract Law Division of the Office of the General Counsel, within one day of filing a protest with either GAO or the Court of Federal Claims.

(c) Service upon the Contract Law Division shall be made as follows:

U.S. Department of Commerce Office of the General Counsel Chief, Contract Law Division, Room 5893 Herbert C. Hoover Building 14th Street and Constitution Avenue, NW.

Washington, DC 20230

FAX: (202) 482–5858

CLAUSES Incorporated by Reference

FAR 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights FAR52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements FAR 52.224-1, Privacy Act Notification FAR 52.224-2, Privacy Act FAR 52.224-3, Privacy Training FAR 52.232-18, Availability of Funds FAR 52.239-1 Privacy or Safeguards

FULL TEXT CLAUSES

FAR 52.204-21 Basic Safeguarding of Covered Contractor Information Systems (JUNE 2016)

(a) Definitions. As used in this clause–

Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments.

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

Safeguarding means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of clause)

FAR 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUGUST 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 https://www.acquisition.gov/far/4.2104#FAR_4_2104 https://www.acquisition.gov/far/4.2104#FAR_4_2104

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause

(i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known);

brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

(End of clause)

FAR 52.212-4 Contract Terms and Conditions-Commercial Items (OCT 2018)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-https://dibnet.dod.mil/ https://dibnet.dod.mil/

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference.

The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

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(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232- 33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C.3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.-

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

https://www.acquisition.gov/far/52.232-33#FAR_52_232_33 https://www.acquisition.gov/far/52.232-33#FAR_52_232_33 https://www.acquisition.gov/far/52.232-34#FAR_52_232_34 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.212-5#FAR_52_212_5

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if–

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

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(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the https://www.acquisition.gov/far/32.608-2#FAR_32_608_2

Government any right to audit the…