1-9-1_RFP-25R006_20250228 DRAFT WATERMARKED.pdf

Part I – Continuation of Standard Form (SF) 1449

Solicitation (This Narrative Removed Upon Award): This Solicitation / Request for Proposal (RFP), being released under Full and Open Competition per Federal Acquisition Regulation (FAR) 6.102(b), is anticipated to result in multiple-award Indefinite-Delivery Indefinite-Quantity (IDIQ) contracts per FAR 16.504. The Government anticipates awarding three (3) to five (5) multiple-award IDIQ contracts. However, the Government reserves the right to make a single award if it is in the best interest of the Government.

Standard Form (SF) 1449 Blocks 24 and 24: As noted in the Solicitation Part IV – Addendum to the FAR 52.212-1 Instructions, Offerors are to complete the Price Proposal spreadsheet with proposed pricing for all requested Contract Line Item Numbers (CLINs) / Sub Line Item Numbers (SLINs), not the Standard Form (SF) 1449 Blocks 24 and 24.

to Offerors—Commercial Products and Commercial Services (Sep 2023)Contract Line Item Numbers (CLINs) and Subline Item Numbers (SLINs)

Preproposal Conference (This Narrative Removed Upon Award): The Government has scheduled a preproposal conference on Insert Day/Date 7 Calendar Days after Solicitation Issuance Day/Date at Insert Time.

The scheduled duration is 1 hour. Interested parties may submit questions in advance to the Contracting Officer via electronic mail (kenneth.j.acquaviva@uscis.dhs.gov) by Insert Day/Date 5 Calendar Days after Solicitation Issuance Day/Date at Insert Time, or questions may be asked during the Preproposal Conference. The Government will make a brief presentation followed by a Question & Answer (Q&A) session answered publicly during the conference. The Q&A will be incorporated into a solicitation amendment posted to the System for Award Management (SAM), to include the Answers to any Questions that cannot be answered during the Preproposal Conference. Note that any questions submitted to the Contracting Officer after the Preproposal Conference will be answered at the discretion of the Government by way of additional solicitation amendments to posted to the SAM. The Government is planning to utilize Microsoft Teams to conduct this remotely: INSERT MEETING LOGIN INFORMATION BELOW

Proposal Submission (This Narrative Removed Upon Award): Refer to Part IV – Solicitation Provisions, Instructions & Evaluation.

Small Business Considerations (This Narrative Removed Upon Award): Per FAR 19.503, this solicitation includes a reservation for one or more small business prime Contractors. Refer to the SF 1449 Block 10 for the applicable NAICS Code & Size Standard.

U.S. Department of Homeland Security Federal Acquisition Regulation Class Deviation (Number 25-01)

– Executive Orders 14173 (Ending Illegal Discrimination and Restoring Merit-Based Opportunity) and 14168 (Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government):

System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in agency solicitations. Examples include 52.222-25, Affirmative Action Compliance, and paragraph (d) of 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services. Additional examples include 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products

. However, the . However, the Government reserves the right to make a single award if it is in the best interest of the Government.Government reserves the right to make a single award if it is in the best interest of the Government.

As noted in the Solicitation Part IV As noted in the Solicitation Part IV – Addendum to – Addendum to the FAR Offerors are to complete the Price Proposal spreadsheet with proposed pricing for all Offerors are to complete the Price Proposal spreadsheet with proposed pricing for all requested Contract Line Item Numbers (CLINs) / Sub Line Item Numbers (SLINs), not the Standard Form (SF) requested Contract Line Item Numbers (CLINs) / Sub Line Item Numbers (SLINs), not the Standard Form (SF)

Commercial Products and Commercial Services (Sep 2023)Contract Line Item Numbers (CLINs) Commercial Products and Commercial Services (Sep 2023)Contract Line Item Numbers (CLINs)

Removed Upon Award)Removed Upon Award):: T The Government has scheduled a he Government has scheduled a alendar Days after Solicitation Issuance Day/Date

Interested parties may submit questions Interested parties may submit questions in advance in advance to the Contracting Officer kenneth.j.acquaviva@uscis.dhs.govkenneth.j.acquaviva@uscis.dhs.gov) by ) by Insert Day/DateInsert Day/DateInsert Day/Date 5 Calendar Days after Solicitation

, or questions may be asked during the , or questions may be asked during the Preproposal CPreproposal C Government will make a brief presentation followed by a Question & Answer (Q&A) session answered Government will make a brief presentation followed by a Question & Answer (Q&A) session answered

The Q&A The Q&A will be incorporated into a solicitation amendment be incorporated into a solicitation amendment System for Award Management (SAM)System for Award Management (SAM), to include the Answers to any Questions that cannot be answered , to include the Answers to any Questions that cannot be answered during the Preproposal Conference. during the Preproposal Conference. Note that any questions submitted to the Contracting Officer after the Note that any questions submitted to the Contracting Officer after the will be answered at the discretion of the Government by way of additional solicitation will be answered at the discretion of the Government by way of additional solicitation amendments to posted to the SAM. The Government is planning to utilize amendments to posted to the SAM. The Government is planning to utilize

INSERT MEETING LOGIN INFORMATION BELOW

oposal Submissionoposal Submission (This Narrative (This Narrative Removed Upon Award) Instructions & EvaluationInstructions & Evaluation.

Small Business ConsiderationsSmall Business Considerations (This Narrative (This Narrative includes a reservation for one or more small business prime Contractors.includes a reservation for one or more small business prime Contractors.

applicable NAICS Code & Size Standard.applicable NAICS Code & Size Standard.

U.S. Department of Homeland Security Federal Acquisition Regulation Class Deviation (Number 25U.S. Department of Homeland Security Federal Acquisition Regulation Class Deviation (Number 25 Executive Orders 14173 (Ending Illegal Discrimination and Restoring MeritExecutive Orders 14173 (Ending Illegal Discrimination and Restoring Merit

14168 (Defending Women From Gender Ideology Extremism and 14168 (Defending Women From Gender Ideology Extremism and Federal Government):Federal Government):

and Commercial Services, and 52.213-4, Terms and Conditions—Simplified Acquisitions (Other Than Commercial Products and Commercial Services).

Contracting officers will not consider the following representations when making award decisions or enforce requirements:

Paragraph (d) of 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services;

Paragraphs (b)(33), (b)(34), (e)(1)(ix), and (e)(1)(x) of 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services;

Paragraphs (e)(1)(ii)(I) and (e)(1)(ii)(J) of Alternate II of 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services;

and Paragraphs (a)(1)(vii) and (a)(1)(viii) of 52.213-4, Terms and Conditions—Simplified Acquisitions (Other Than Commercial Products and Commercial Services).

Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.

Task Orders: All Task Orders will be in writing and signed by a Contracting Officer from the agency awarding the contracts; no oral/verbal Task Orders are authorized.

Initial Task Orders / Contract Minimum: Per FAR 16.504(a), Initial Task Orders will be issued to satisfy the Contract Minimum of $100,000.00 for each multiple-awardee. This is not an annual Contract Minimum. Per FAR 16.505(b)(2)(D), these Initial Task Orders to satisfy the minimum guarantee are exempt from the fair opportunity process. The Initial Task Orders will be based on the pricing in each awarded contract; there is not a guaranteed equal share of funds obligated under the Initial Task Orders; the Government may obligate a larger share of funds to contracts determined to provide a better value to the Government.

Future Task Orders / Contract Maximum: Per FAR 16.505(b)(1), for Future Task Orders the Contracting Officer will provide each awardee a fair opportunity to be considered for each order exceeding the micro-purchase threshold, except as provided for in FAR 16.505 (b)(2). When exempt from fair opportunity, the contract prices for the date of the order issuance will be used. A Fair Opportunity Notice of Intent would outline the procedures and selection criteria to be used by the Government. Note that the contract prices represent Not To Exceed (NTE) prices; the Fair Opportunity Notice of Intent would normally provide an opportunity to provide lower prices to maintain ongoing price competition amongst the multiple-awardees. As with the Initial Task Orders, while multiple orders may be issued to multiple-awardees, there is not a guaranteed equal share of funds obligated under any Future Task Orders; the Government may obligate a larger share of funds to contracts determined to provide a better value to the Government. Per FAR 52.204-13(c), the Contractor shall maintain registration in the System for Award Management (SAM) during contract performance (Which would include eligibility for Future task Orders) and through final payment. The Contract Maximum is $200,000,000.00. This is a Combined Contract Ceiling; when the aggregate of all Task Orders issued to any and all multiple-awardees reaches this obligated amount. The Government reserves the right to increase the ceiling amount after the initial contract awards if determined by the Contracting Officer to be in the best interests of the Government at the time due to increased demand and that the increased ceiling is for services within the overall scope and intention of the original awards. Any ceiling increase would be by way of bilateral modifications, not separate priced options.

On-Ramping Capability: Consistent with FAR 16.504(c)(1)(ii)(A), the Contracting Officer has determined that it is in the Government’s best interest that at all times during the term of the contracts there remains an

5, Contract Terms and Conditions 5, Contract Terms and Conditions Commercial Products and Commercial Services;Commercial Products and Commercial Services;

-5, Contract Terms and Conditions -5, Contract Terms and Conditions Commercial Products and Commercial Services; Commercial Products and Commercial Services;

-4, Terms and Conditions—-4, Terms and Conditions—Simplified Acquisitions Simplified Acquisitions

Entities are not required to, nor are they able to, update their entity registration to remove these representations Entities are not required to, nor are they able to, update their entity registration to remove these representations

All Task Orders will be in writing and signed by a Contracting Officer from the agency awarding All Task Orders will be in writing and signed by a Contracting Officer from the agency awarding the contracts; no oral/verbal Task Orders are authorized.

Per FAR 16.504(a), Initial Task Orders will be issued to satisfy the Per FAR 16.504(a), Initial Task Orders will be issued to satisfy the for each multiplefor each multiple-awardeeawardee. This is not an annual . This is not an annual ask Orders to satisfy the minimum guarantee are exempt from the fair rders to satisfy the minimum guarantee are exempt from the fair

The Initial Task Orders will be based on the pricing in each awarded contract; there is not a The Initial Task Orders will be based on the pricing in each awarded contract; there is not a guaranteed equal share of funds obligated under the Initial Task Orders; the Government may obligate a larger guaranteed equal share of funds obligated under the Initial Task Orders; the Government may obligate a larger unds to contracts determined to provide a better value to the Government. unds to contracts determined to provide a better value to the Government.

/ / Contract Maximum:Contract Maximum: Per FAR 16.505(b)(1) Per FAR 16.505(b)(1) Officer will provide each awardee a fair opportunity to be considered for each Officer will provide each awardee a fair opportunity to be considered for each purchase threshold, except as provided for in FAR 16.505 (b)(2). purchase threshold, except as provided for in FAR 16.505 (b)(2).

contract prices for the date of the order issuance will be used. Acontract prices for the date of the order issuance will be used. A procedures and selection criteria procedures and selection criteria to be used by the Government To Exceed (NTE) prices; the To Exceed (NTE) prices; the Fair Opportunity Notice of IntentFair Opportunity Notice of Intent provide lower prices to maintain ongoing price competition amongst the multipleprovide lower prices to maintain ongoing price competition amongst the multiple Task Orders, Task Orders, while multiple while multiple orders orders may be issued to multiplemay be issued to multiple funds obligated under any Future Task Ordersfunds obligated under any Future Task Orders determined to provide a better value to the Government. determined to provide a better value to the Government.

registration in registration in the System for Award Management (SAM) the System for Award Management (SAM) eligibility for Future task Orders) eligibility for Future task Orders)

Combined Contract CeilingCombined Contract Ceiling obligated obligated amount. The Government amount. The Government contract awards if determined by the Contracting Officer to be in the best interests of the Government at the contract awards if determined by the Contracting Officer to be in the best interests of the Government at the time due to increased demand and that the increatime due to increased demand and that the increa adequate number of Contractors to support the scope and complexity of the contract requirements, the expected duration and frequency of task orders, the mix of resources a Contractor must have to perform expected task order requirements and the ability to maintain competition among the awardees throughout the contracts’ period of performance. Therefore, while the Government anticipates awarding three (3) to five (5) multiple-award IDIQ contracts, the Contracting Officer may determine it is in the best interests of the Government to award more contracts to support contract requirements or replace Contractors that have been off-ramped (See below).

Therefore, the Government may in the future utilize the original proposal evaluations to award additional multiple-award IDIQ contracts. There is not a set time limit for this process beyond the initial contract awards;

this is at the discretion of the Contracting Officer. However, by presenting the opportunity for an additional contract award, the Contracting Officer would be indicating that the Government is not aware of any significant changes from the original evaluation. And the Offeror, by accepting the bilateral contract award, it would be indicating their acceptance of the originally proposed pricing, terms and conditions with no significant changes from the original evaluation (e.g., Offeror capabilities, qualifications, past performance, etc.). The Period of Performance (PoP), terms and conditions, etc. for any such new awards would be coterminous with the existing multiple-award contracts in place at that time.

Off-Ramping Capability: In addition to the contract terms and conditions listed in FAR 52.212-4(l) “Termination for the Government’s convenience”, FAR 52.212-4(m) “Termination for cause” or elsewhere within the contract, the Government may at its discretion also offer the following if an awardee does not meet the contract performance standards:

Providing a cooling off/remedial period during which the awardee will not be allowed to compete on Task Order RFPs and the Contractor will be required to submit/implement a Get-Well Plan. The time period for the cooling off/remedial period will be at the Contracting Officer's discretion and will depend on the specific performance issues that the Contractor is experiencing.

ramped (See below). ramped (See below).

Therefore, the Government may in the future utilize the original proposal evaluations to award additional Therefore, the Government may in the future utilize the original proposal evaluations to award additional award IDIQ contracts. There is not a set time limit for this process beyond the initial contract awards; award IDIQ contracts. There is not a set time limit for this process beyond the initial contract awards;

this is at the discretion of the Contracting Officer. However, by presenting the opportunity for an additional this is at the discretion of the Contracting Officer. However, by presenting the opportunity for an additional contract award, the Contracting Officer would be indicating that the Government is not aware of any significant contract award, the Contracting Officer would be indicating that the Government is not aware of any significant changes from the original evaluation. And the Offeror, by accepting the bilateral contract award, it would be changes from the original evaluation. And the Offeror, by accepting the bilateral contract award, it would be indicating their acceptance of the originally proposed pricing, terms and conditions with no significant changes indicating their acceptance of the originally proposed pricing, terms and conditions with no significant changes capabilities, qualifications, past performance, etc.). The capabilities, qualifications, past performance, etc.). The Period of Period of Performance (PoP), terms and conditions, etc. for any such new awards would be coterminous with the exiPerformance (PoP), terms and conditions, etc. for any such new awards would be coterminous with the existing

In addition to the contract terms and conditions listed in FAR 52.212- In addition to the contract terms and conditions listed in FAR 52.212-4(l) “Termination for the Government’s convenience”, FAR 52.212-“Termination for the Government’s convenience”, FAR 52.212-4(m) “Termination for cause” or elsewhere 4(m) “Termination for cause” or elsewhere within the contract, the Government may at its discretion also offer the followiwithin the contract, the Government may at its discretion also offer the following if an awardee does not meet

Providing a cooling off/remedial period during which the awardee will not be allowed to compete on Providing a cooling off/remedial period during which the awardee will not be allowed to compete on the Contractor will be required to submit/implementthe Contractor will be required to submit/implement a Get period for the cooling off/remedial period will be at the Contracting Officer's discretion and will depend period for the cooling off/remedial period will be at the Contracting Officer's discretion and will depend on the specific performance issues that the Contractor is experiencingon the specific performance issues that the Contractor is experiencing.

Part II – Contract Clauses

Federal Acquisition Regulation (FAR) Incorporated by Reference

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/these address(es):

https://www.acquisition.gov/

(End of clause)

52.204-13 System for Award Management Maintenance. (Oct 2018)

52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020)

52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services (Nov 2023)

52.242-15 Stop-Work Order (Aug 1989)

Part II – Contract Clauses

Federal Acquisition Regulation (FAR) Full Text

42.1502 Contractor Performance Information Policy (DEVIATION 11-03) (Aug 2011)

(a) Past performance evaluations shall be prepared as specified in paragraphs (b) through (g) of this section at the time the work under the contract or order is completed. In addition, interim evaluations shall be prepared as specified by the agencies to provide current information for source selection purposes, for contracts or orders with a period of performance, including options, exceeding one year. These evaluations are generally for the entity, division, or unit that performed the contract or order. The content of the evaluations should be tailored to the size, content, and complexity of the contractual requirements.

(b) Except as provided in paragraphs (e), (f) and (h) of this section, agencies shall prepare an evaluation of contractor performance for each contract for supplies that exceeds $500,000 and for each contract for services that exceeds that exceeds and for each order for services that exceeds$1,000,000.

(c) Agencies shall prepare an evaluation of contractor performance for each order for supplies that exceeds $500.000 and for each order for services that exceeds $1.000.000 placed against a Federal Supply Schedule contract, or under a task order contract or a delivery order contract awarded by another agency (i.e.

Govemmentwide acquisition contract or multi-agency contract). This evaluation shall not consider the requirements under paragraph (g) of this section.

(d) For single-agency task order and delivery order contracts, the contracting officer may require performance evaluations for each order for supplies that exceeds $500.000 and for each order for services that exceeds $1.000.000 when such evaluations would produce more useful past performance information for source selection officials than that contained in the overall contract evaluation (e.g., when the scope of the basic effect as if they were 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 given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of

52.204-13 System for Award Management Maintenance. (Oct 2018) 52.204-13 System for Award Management Maintenance. (Oct 2018)

52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020) 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020)

52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services (Nov 2023) 52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services (Nov 2023)

Part II Part II – Contract ClausesContract Clauses

Federal Acquisition Regulation (FAR) Federal Acquisition Regulation (FAR)

42.1502 Contractor Performance Information Policy (DEVIATION 11-03) (Aug 2011) 42.1502 Contractor Performance Information Policy (DEVIATION 11-03) (Aug 2011) performance evaluations shall be prepared as specified in paragraphs (b) through (g) of this section at performance evaluations shall be prepared as specified in paragraphs (b) through (g) of this section at the time the work under the contract or order is completed. In addition, interim evaluations shall be prepared as the time the work under the contract or order is completed. In addition, interim evaluations shall be prepared as specified by the agencies to provide current information for source selection purposes, for contracts or orders specified by the agencies to provide current information for source selection purposes, for contracts or orders with a period of performance, including options, exceeding one year. These evaluations are generally for the with a period of performance, including options, exceeding one year. These evaluations are generally for the entity, division, or unit that performed the contract or order. The content of the evaluations should be tailored to entity, division, or unit that performed the contract or order. The content of the evaluations should be tailored to the size, content, and complexity of the contractual requirements. the size, content, and complexity of the contractual requirements.

(b) Except as provided in paragraphs (e), (f) and (h) of this section, agencies shall prepare an evaluation of (b) Except as provided in paragraphs (e), (f) and (h) of this section, agencies shall prepare an evaluation of ontractor performance for each contract for suppliesontractor performance for each contract for supplies that exceeds that exceeds and for each order for services that exceeds$1,000,000that exceeds that exceeds and for each order for services that exceeds$1,000,000

(c) Agencies shall prepare an evaluation of contractor performance for each order (c) Agencies shall prepare an evaluation of contractor performance for each order $500.000 and for each order for services that exceeds $1.000.000 placed against a Federal Supply Schedule $500.000 and for each order for services that exceeds $1.000.000 placed against a Federal Supply Schedule contract, or under a task order contract or a delivery order contract awarded by another agency (i.e. contract, or under a task order contract or a delivery order contract awarded by another agency (i.e.

Govemmentwide acquisition contract Govemmentwide acquisition contract contract is very broad and the nature of individual orders could be significantly different). This evaluation need not consider the requirements under paragraph (g) of this section unless the contracting officer deems it appropriate.

(e) Past performance evaluations shall be prepared for each construction contract of $650,000 or more, and for each construction contract terminated for default regardless of contract value. Past performance evaluations may also be prepared for construction contracts below $650,000.

(f) Past performance evaluations shall be prepared for each architect-engineer services contract of $30,000 or more, and for each architect-engineer services contract that is terminated for default regardless of contract value. Past performance evaluations may also be prepared for architect-engineer services contracts below $30,000.

(g) Past performance evaluations shall include an assessment of contractor performance against, and efforts to achieve, the goals identified in the small business subcontracting plan when the contract includes the clause at 52.219·9, Small Business Subcontracting Plan.

(h) Agencies shall not evaluate performance for contracts awarded under Subpart 8.7.

(i) Agencies shall promptly report other contractor information in accordance with 42.1503(f).

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEVIATION 20-05) (Jul 2024)

(a) Definitions. As used in this clause-

Kaspersky Lab covered article means any hardware, software, or service that–

(1) Is developed or provided by a Kaspersky Lab covered entity;

(2) Includes any hardware, software, or service developed or provided in whole or in part by a Kaspersky Lab covered entity; or

(3) Contains components using any hardware or software developed in whole or in part by a Kaspersky Lab covered entity.

Kaspersky Lab covered entity means–

(1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab, including any change in name, e.g., “Kaspersky”;

(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or

(4) Any entity of which Kaspersky Lab has a majority ownership.

(b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits Government use of any Kaspersky Lab covered article. The Contractor is prohibited from—

(1) Providing any Kaspersky Lab covered article that the Government will use on or after October 1, 2018; and

(2) Using any Kaspersky Lab covered article on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the contract.

(c) Reporting requirement.

(1) In the event the Contractor identifies covered article provided to the Government during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report, in writing, via email, to the Contracting Officer, Contracting Officer's Representative, and the Enterprise Security Operations Center (SOC) at NDAA_Incidents@hq.dhs.gov, -engineer services contract of $30,000 or -engineer services contract of $30,000 or engineer services contract that is terminated for default regardless of contract engineer services contract that is terminated for default regardless of contract engineer services contracts below engineer services contracts below

(g) Past performance evaluations shall include an assessment of contractor performance against, and efforts to (g) Past performance evaluations shall include an assessment of contractor performance against, and efforts to achieve, the goals identified in the small business subcontracting plan when the contract includes the clause at achieve, the goals identified in the small business subcontracting plan when the contract includes the clause at

(h) Agencies shall not evaluate performance for contracts awarded under Subpart 8.7. (h) Agencies shall not evaluate performance for contracts awarded under Subpart 8.7.

(i) Agencies shall promptly report other contractor information in accordance with 42.1503(f).(i) Agencies shall promptly report other contractor information in accordance with 42.1503(f).

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEVIATION 20Kaspersky Lab Covered Entities (DEVIATION 20-05) (Jul 2024) means any hardware, software, or service thatmeans any hardware, software, or service that– means any hardware, software, or service that

(1) Is developed or provided by a Kaspersky Lab covered entity; (1) Is developed or provided by a Kaspersky Lab covered entity;

(2) Includes any hardware, software, or service developed or provided in whole or in part by a (2) Includes any hardware, software, or service developed or provided in whole or in part by a Kaspersky Lab covered entity; or Kaspersky Lab covered entity; or

(3) Contains components using any hardware or software developed in whole or in part by a Kaspersky (3) Contains components using any hardware or software developed in whole or in part by a Kaspersky Lab covered entity. Lab covered entity.

Kaspersky Lab covered entity Kaspersky Lab covered entity means– –

(1) Kaspersky Lab; (1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab, including any change in name, e.g., “Kaspersky”; (2) Any successor entity to Kaspersky Lab, including any change in name, e.g., “Kaspersky”;

(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or (3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or

(4) Any entity of which Kaspersky Lab has a majority ownership. (4) Any entity of which Kaspersky Lab has a majority ownership.

(b) (b) ProhibitionProhibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 . Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits Government use of any Kaspersky Lab covered article. The Contractor is prohibited (Pub. L. 115-91) prohibits Government use of any Kaspersky Lab covered article. The Contractor is prohibited

(1) Providing any Kaspersky Lab covered article that the Government will use on or after October 1, (1) Providing any Kaspersky Lab covered article that the Government will use on or after October 1, 2018; and 2018; and

(2) Using any Kaspersky Lab covered article on or after October 1, 2018, in the development of data or (2) Using any Kaspersky Lab covered article on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the contract. deliverables first produced in the performance of the contract.

with required information in the body of the email. In the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Enterprise SOC, Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) and Contracting Officer's Representative(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

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

(i) Within 3 business days from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; brand; model number (Original Equipment Manufacturer (OEM) number, manufacturer part number, or wholesaler number);

item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the report pursuant to paragraph (c)(1) of this clause:

any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of a Kaspersky Lab covered article, any reasons that led to the use or submission of the Kaspersky Lab covered article, and any additional efforts that will be incorporated to prevent future use or submission of Kaspersky Lab covered articles.

(d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts, including subcontracts for the acquisition of commercial items.

(End of clause)

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (DEVIATION 20-05) (Dec 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

(l) Defense articles or defense services included on the United States Munitions List set forth in the

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

(i) Within 3 business days from the date of such identification or notification: the contract (i) Within 3 business days from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; brand; model number (Original number; the order number(s), if applicable; supplier name; brand; model number (Original Equipment Manufacturer (OEM) number, manufacturer part number, or wholesaEquipment Manufacturer (OEM) number, manufacturer part number, or wholesaler number);

item description; and any readily available information about mitigation actions undertaken or item description; and any readily available information about mitigation actions undertaken or

(ii) Within 10 business days of submitting the report pursuant to paragraph (c)(1) of this clause: (ii) Within 10 business days of submitting the report pursuant to paragraph (c)(1) of this clause:

any further available information about mitigation actions undertaken or recommended. In any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to addition, the Contractor shall describe the efforts it undertook to prevent use or submission of a prevent use or submission of a Kaspersky Lab covered article, any reasons that led to the use or submission of the Kaspersky Kaspersky Lab covered article, any reasons that led to the use or submission of the Kaspersky Lab covered article, and any additional efforts that will be incorporated to prevent future use or Lab covered article, and any additional efforts that will be incorporated to prevent future use or red articles.

The Contractor shall insert the substance of this clause, including this paragraph (d), in all The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts, including subcontracts for the acquisition of commercial items.subcontracts, including subcontracts for the acquisition of commercial items.

25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services 25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (DEVIATION 20or Equipment (DEVIATION 20-05) (Dec 2020) -05) (Dec 2020)

As used in this clauseAs used in this clause

"Backhaul" means intermediate links between the core network, or backbone network, and the small "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). 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 wiredBackhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet). (e.g., fiber optic, coaxial cable, Ethernet).

"Covered foreign country" means The People's Republic of China. "Covered foreign country" means The People's Republic of China.

"Covered telecommunications equipment or services" means"Covered telecommunications equipment or services" means

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);(or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of 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 critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); 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 (3) Telecommunications or video surveillance services provided by such entities or using such equipment; orequipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity (4) Telecommunications or video surveillance equipment or services produced or provided by an entity

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 of2018 (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)(l)(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)(l)(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 e