B08_SOL_2_Cont_Sheets_Rev_3_0001.pdf

Document No. 140D0424Q0572

NIGC Physical Access Page 3 of 44

SECTION 1 REQUEST FOR QUOTE

Request for Quotation (RFQ) 140D0424Q0572 begins on the SF1449 and continues with this document.

The Department of the Interior (DOI), Office of the Secretary (OS), Interior Business Center (IBC), Acquisition Services Directorate (AQD), on behalf of its customer, the National Indian Gaming Commission (NIGC) is issuing this RFQ to purchase a Physical Access Control Systems (PACS) installation, monitoring, and maintenance services for its office headquarters located at 550 12th Street SW, Washington, DC 20024 on the ninth floor.

The Government requests a discount on these services. The quote must be submitted via email to the Contracting Officer no later than the designated day and time.

1.1 ORDER TYPE

This will be a Firm Fixed Price contract to purchase an access control system using NAICS 561621, Security Systems Services (except Locksmiths). The RFQ will be unrestricted to business size.

1.2 PERIOD OF PERFORMANCE

The period of performance is a Base Period of 12 months, followed by four (4) option periods, each option period is 12 months. The anticipated period of performance will be as follows:

Period Dates of Performance (estimated) Base Period 4/17/2024 – 4/16/2025 Option Period 1 4/17/2025 – 4/16/2026 Option Period 2 4/17/2026 – 4/16/2026 Option Period 3 4/17/2027 – 4/16/2028 Option Period 4 4/17/2028 – 4/16/2029 If needed, FAR 52.217-8 extension 4/17/2029 – 10/16/2029

1.3 SCOPE

The NIGC is seeking the purchase of a PCAS with installation, and recurring monitoring, and maintenance services for its office headquarters located at 550 12th Street SW, Washington, DC 20024 on the ninth floor. The selected contractor will install PIV-capable card readers and provide 24x7 physical access control to secure the premises, employees, guests, and valuable assets. The areas that need card readers installation and maintenance are the entrance double door, staircase access, 30 offices, and the Local Area Network (LAN) room. One panic button will be installed at a strategic location.

All equipment shall be new, unused, and covered under the manufacturer’s warranty period. The equipment warranty period shall start at the time of installation. Installation workmanship shall be warrantied for 1 year from the installation acceptance date.

1.4 ACCESS CONTROL TECHNOLOGY

The contractor will install and maintain a GSA-approved physical access control system (PACS) for federal buildings including Card readers for identity validation, and the physical access control infrastructure. Card Readers infrastructure must support PIV integration for future HSPD-12 compliance.

FEATURES:

NIGC authorized staff must be able to:

o Have continuous visibility into the health system components from a central location.

o Grant and revoke user access authorization at any time based on established processes.

o Monitor access to the facility in real-time.

o NIGC wants the option to use mobile apps on selected Apple IOS devices that are integrated with the PACS for cardless entry.

o Review audit logs for unauthorized changes, failed and successful login attempts.

o Securely access the management interface from the internet.

o Configure automated access notifications for selected doors.

o Receive alerts for any component malfunction.

o Obtain automatic usage reports.

o Issue temporary Access Cards, and limit activation time.

o The installed system must be tamper-resistant, making it extremely difficult to forge or replicate authorized credentials. Components must meet industry standards and comply with the following federal requirements:

Homeland Security Protection Directive-12: HSPD-12 as outlined in OMB memo M-06-

18.

Federal Information Processing Standards (FIPS) 201-3 as published by NIST.

Publication FIPS 201 Approved Products List as identified under IDManagement.gov.

1.5 HARDWARE AND SOFTWARE

The contractor shall provide all labor, tools, materials, hardware, computers and software to establish a physical access control system. The government is procuring the access control system in its entirety with this contract. There is not any government furnished equipment (GFE) on this contract, there are no lease terms.

1.6 STORAGE

Physical Access logs must be stored online for 90 days to support incident analysis. The access logs can be in any readable format but must capture the card identifier, the owner of the card, the access point, and the time of entry. These logs must be available for both successful entries and failed entry attempts. After the 90-days period, the logs can be archived and remain retrievable for at least 1 year.

1.7 CLOUD BASED SYSTEM

NIGC requires a cloud-based solution for administration and storage to eliminate the need for on-premises Database and access management servers.

1.8 CONTRACTOR REQUIREMENTS

The contractor will perform the following tasks at the 550 12th Street SW, Washington, DC facility:

Complete the installation and testing of all Physical Access system components.

Master terminal to be located in the LAN room identified on the construction drawings.

Provide programmable access cards for NIGC users as per provided user list, 150 ea (est).

Configure access based on list and authorized location provided by NIGC.

Validate that NIGC feature requirements are met.

Provide complete set of “As-Built" system drawing that clearly shows PACS component, server, workstation (Client) and other equipment installed.

Provide operator training and documentation on the use of the system including how NIGC staff can execute operations tasks such as Provisioning/De-provisioning, privilege administration, log retrieval, systems notification handling, and other pertinent functions.

Perform required software updates and maintenance so the solution always operates with the latest software and patches.

Verify operability and functionality of all components and systems.

Maintain 24x7 availability to troubleshoot and resolve card readers and access issues.

Ensure the system remains operational to secure the environment during power outages.

Readers shall be of current GSA APL listed version as required to maintain compliance with

GSA APL Listing.

1.9 QUALITY CONTROL

The contractor is required to demonstrate that the system runs without offline errors, reader errors, and alarm errors for a period of 15 business days after the installation work is completed. System acceptance requires that this test is fully and successfully completed.

The contractor will be responsible for replacing any equipment made deficient through contractor negligence or misconfiguration.

1.10 INSURANCE CERTIFICATE

The Service Contractor shall furnish Certificate(s) of Insurance evidencing the coverage requirements for the Potomac Plaza Building. Certificate(s) of Insurance must be provided before Service Contractor commences Contract Duties or Contract Duties will not be allowed to commence. All policies will be written by companies licensed to do business in the State of Washington, DC and which have a rating by Best's Key Rating Guide not less than “A-/VIII”.

1.11 NIGC RESPONSIBILITIES

NIGC will be responsible for the following:

Provide main power source for equipment operation.

Develop physical access control policies and procedures that determine internal administration and access provisioning. Such internal documents can be shared with the contractor after the award, if required for the PACS configuration.

1.12 MEETINGS

Contractor personnel shall attend the following meetings, in addition to other ad-hoc meetings as required. Highly recommend usage of virtual meeting attendance.

Kickoff Meeting: The Contractor shall schedule a Kickoff Meeting within five business days after award of the contract to make introductions, discuss high level insights, and acclimate the contractor to the new environment.

Ad-Hoc Meetings: The contractor shall also attend meetings within other NIGC groups as required by the COR.

Monthly Meetings: The Contractor shall have a monthly virtual meeting to brief the COR on monthly reports, discuss issues or obstacles impeding progress, recommended solutions, and issues and resolutions in resource planning.

1.13 HOURS OF OPERATION

Core Service Coverage: 8:00 AM – 4:30 PM ET Monday – Friday. Contractor personnel shall perform on-site duties as required under this PWS during core service coverage hours.

1.14 HOLIDAYS

The NIGC observes the following federal holidays and will not require on-site contractor services during these days.

During federally observed holidays, the Contractor will not be required to provide on-site services. NIGC facilities will be closed, Physical Access monitoring shall remain functional, but the contractor shall not provide on-site services. The following are the federal holidays observed by NIGC:

New Year’s Day: January 1.

Martin Luther King Jr.’s Birthday: 3rd Monday in January Washington’s Birthday/Presidents’ Day: 3rd Monday in February Memorial Day: Last Monday in May Juneteenth: June 19 Independence Day: July 4 Labor Day: 1st Monday in September Columbus Day: 2nd Monday in October Veterans’ Day: November 11 Thanksgiving Day: 4th Thursday in November Christmas Day: December 25

1.15 OUTGOING TRANSITIONS

When the contract period of performance is nearing completion, the contractor shall implement a sixty

(60) day transition-out period in accordance with the approved Transition-Out Plan. During the transition-out period, the Contractor shall ensure a smooth transition of service, perform a joint inventory and audit of the transferred documentation, and coordinate and address the status of any issues associated with the transition. The plan should be submitted for approval no later than ninety (90) days before order completion.

SECTION 2 DELIVERABLES

2.1 DELIVERABLES AND DUE DATES

All Deliverables are incorporated in Section 1 of this RFQ and in the Performance Work Statement, Attachment A.

2.2 MARKING

Emails, correspondence, and packages shall be marked with the following information: TBD

2.3 INSPECTION AND ACCEPTANCE

Deliverables under this order shall be inspected by the designated Contracting Officer’s Representative (COR). Acceptance criteria shall be based upon all deliverable items meeting the requirements in the PWS and professional standards for technical content, clarity, completeness, and other factors that indicate acceptability as specified under this order.

2.4 FUNDING

Funding will be provided in correlation with the pricing quote. —see Pricing Template Attachment E

2.5 PLACE OF PERFORMANCE

After installation, services shall be performed remotely at the Contractor’s place of business and the NIGC headquarters located at the following addresses: 550 12th Street, SW, Washington, DC 20024.

SECTION 3 ORDER ADMINISTRATION DATA

3.1 CONTRACTOR ADMINISTRATION

TBD at the time of award.

3.2 GOVERNMENT ADMINISTRATION

The Contracting Officer (CO) for this order is:

Mark Salyer Department of the Interior Interior Business Center Acquisition Services Directorate 381 Elden Street Herndon, VA mark_salyer@ibc.doi.gov

(571) 560 - 6804

The Receiving Official and PROGRAM MANAGER for this order is:

TBD after award

3.3 PARTIAL DELIVERY PAYMENT SCHEDULE

Payment shall be made monthly for services rendered.

3.4 INVOICING INSTRUCTIONS – DEPARTMENT OF THE INTERIOR LOCAL CLAUSE

Electronic Invoicing and Payment Requirements – Invoice Processing Platform (IPP) (February 2021)

Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP).

"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions – Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice.

Contractor generated invoice.

Invoice for installation costs may be submitted into IPP after acceptance of the installation by NIGC personnel. Operations/maintenance invoices to be submitted into IPP on a monthly basis for the remainder of the base year and all future option years.

The Contractor must use the IPP website to register, access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of St. Louis (FRBSTL) within 3 – 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email IPPCustomerSupport@fiscal.treasury.gov or phone

(866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

(End of Local Clause)

SECTION 4 SPECIAL ORDER REQUIREMENTS

4.1 Reserved.

4.2 TRAVEL

Travel is not anticipated during the performance of this contract.

[END OF SECTION 4]

SECTION 5 PREPARATION OF QUOTATIONS

5.1 SUBMISSION OF QUESTIONS

Any questions regarding this RFQ must be delivered to mark_salyer@ibc.doi.gov - no later than 4:00 P.M. Eastern Time on June 6, 2024.

5.2 QUOTATION DUE DATE AND DELIVERY

Quote submitted in response to this RFQ shall be delivered via email to the Contracting Officer at mailto:mark_salyer@ibc.doi.gov . Quote shall be submitted no later than 4:00 P.M., Eastern Time, on June 10, 2024, to be considered for award. Please be advised that it is the contractor’s responsibility to ensure the Government receives your submission on or before the specified due date.

5.3 QUOTATION INSTRUCTIONS

Quotes must be submitted in two separate volumes: 1) Price Volume and 2) Technical Volume in accordance with the instructions contained in this RFQ. Both Price and Technical volumes must be submitted as separate attachments.

This RFQ in no way obligates the Government to issue or award orders. The Government will not be responsible for any costs incurred by responding to this RFQ or subsequent orders.

5.3.1 PRICE VOLUME

5.3.1.1 General Requirements: The price portion shall be a separate volume from the written portion of the technical submission. The contractor shall quote a pricing structure in accordance with the proposed technical solution. Quotations shall include a statement that the contractor’ quotation is valid for a minimum of 90 calendar days from the date of submission.

The price portion must clearly identify the basis of pricing to include the labor rate and level of effort and a cumulative summary of pricing to include the total proposed price for this order. The contractor shall propose a complete solution.

5.3.1.2 Pricing

See Pricing Sheet, Attachment E. The contractor shall specify the labor categories and labor mix appropriate for their proposed solution to meet the requirements of the proposed effort and a description of the skills and experience per task, and the fixed price hourly rate(s) proposed, and any other proposed associated costs, for calculating the proposed cost for this effort. The price submission must have a total price for the entire period of performance and must clearly identify the basis of their pricing offered to the Government.

Offerors may propose a contract line item structure that separates installation costs from the operation/maintenance costs for the remainder of the base year. Each Option Year for operation/maintenance shall be a separately priced line item.

5.3.2 TECHNICAL VOLUME

The Technical Volume must address topics and requirements specified in the Section 1 of this RFQ as instructed below. In addition, the following information shall be provided:

1) A list of all team members who will provide services under the order and their respective roles in the project. Personal information for each employee will need to be provided at the time of contract award for access clearance paperwork.

2) A Work Plan that provides the methodology, milestone dates and approach to the objectives outlined in the Performance Work Statement

3) A list of any potential conflicts of interest that the contractor, or its proposed personnel, could possess. If a conflict is identified, the contractor shall provide details on how that conflict will be mitigated.

The Technical volume is limited to 25 pages, not including the title pages, the table of contents, and resumes submitted of assigned personnel. Any pages more than those specified will not be evaluated. No material may be incorporated by reference to circumvent the page limitation. Your submission must use 12-point font, single-spaced. Page margins must be one inch at the top, bottom, and each side. Headers, footers, and page numbering may be outside the 1-inch margin, but not less than a .5-inch margin.

Headers, footers tables/figures and page numbering may be in 10-point or 12-point font.

For the submission to be evaluated strictly on the merit of the technical quotation, no cost or pricing information shall be included in the Technical Volume.

5.3.3 ASSUMPTION, CONDITIONS OR EXCEPTIONS

The contractor must submit, under separate cover, all (if any) assumptions, conditions, or exceptions with any of the terms and conditions, and/or price of this RFQ. If not noted in this section of your quote, it will be assumed that the quoter has no assumptions for award and agrees to comply with all of the terms and conditions as set forth herein in this RFQ. It is not the responsibility of the Government to seek out and identify assumptions, conditions, or exceptions buried within the quotation.

SECTION 6 CONTRACT CLAUSES

6.1 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):

www.acquisition.gov

CLAUSE TITLE DATE

52.212-4 Contract Terms and Conditions—Commercial Products and

Commercial Services Nov 2023

(End of clause)

6.2 52.217-8 Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within the period of performance of the order.

6.3 52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 1 calendar day; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 15 calendar days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years 6 months.

6.4 1452.201-70 AUTHORITIES AND DELEGATIONS (Sep 2011)

The Contracting Officer is the only individual authorized to enter into or terminate this order, modify any term or condition of this order, waive any requirement of this order, or accept nonconforming work.

The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award.

The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor.

Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.

The COR is not authorized to perform, formally or informally any of the following actions:

Promise, award, agree to award, or execute any order, order modification, or notice of intent that changes or may change this order;

Waive or agree to modification of the delivery schedule;

Make any final decision on any order matter subject to the Disputes Clause;

Terminate, for any reason, the Contractor's right to proceed;

Obligate in any way, the payment of money by the Government.

The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers having been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers exceeding the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this order, the Contractor assumes all prices, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.

The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph (d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the order action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this order.

The Contractor shall provide copies of all correspondence to the Contracting Officer and the COR.

Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor's risk.

6.5 Reserved

6.6 Reserved

6.7 FEDERAL ACQUISITION REGULATION (FAR) AND DEPARTMENT OF THE

INTERIOR ACQUISITION REGULATIONS (DIAR) APPLICABLE PROVISIONS

For the purposes of the call order that may result from this RFQ, the following FAR and DIAR provisions shall supplement the clauses contained in the GSA schedule contract.

6.7.1 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: https://www.acquisition.gov/far.

CLAUSE TITLE DATE

52.217-5 Evaluation of Options July 1990

(End of provision)

6.7.2 FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)

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 Products or Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision—

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

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

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

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

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

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) ( https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(d) 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.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided;

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

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

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

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

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

6.7.3 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

As prescribed in 4.2105(b), insert the following clause:

Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)

(a) Definitions. As used in this clause—

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network).

Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People’s Republic of China.

Covered telecommunications equipment or services means–

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

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

(3) Telecommunications or video surveillance services provided by such entities or using such equipment;

or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means–

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR

4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

(c) Exceptions. This clause does not prohibit contractors from providing—

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

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

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

(i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

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

52.204-26 Covered Telecommunications Equipment or Services-Representation.

As prescribed in 4.2105(c), insert the following provision:

Covered Telecommunications Equipment or Services-Representation (Oct 2020)

(a) Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) ( https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(c) (1) Representation. The Offeror represents that it □ does, □ does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it □ does, □ does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

6.7.4 FAR 52.252-5 – AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

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

(b) The use in this solicitation of any Department of the Interior Acquisition Regulation (48 CFR Chapter

14) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

52.212-1 Instructions to Offerors—Commercial Products and Commercial Services.

As prescribed in 12.301(b)(1), insert the following provision:

Instructions to Offerors—Commercial Products and Commercial Services (Sep 2023)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition—

(1)Is set aside for small business and has a value above the simplified acquisition threshold;

(2)Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(3)Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show—

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at Federal Acquisition Regulation (FAR) 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender’s request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with FAR subpart 4.10), or alternative commercial products or commercial services for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers. (1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2) (i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and-

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation.

(1) (i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101–29, and copies of Federal specifications, standards, and product descriptions can be downloaded from the ASSIST website at https://assist.dla.mil.

(ii) If the General Services Administration, Department of Agriculture, or…