15M10523RA4700028.pdf
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- USMSCSO23 Federal contract opportunity
- Solicitation number
- 15M10523RA4700028
About this file
This is a solicitation for Court Security Officer services to be provided across multiple federal judicial circuits. The US Marshals Service requires Court Security Officer CSO services to be provided in Circuits 2, 6, 7, 9, 10, 11 and 12. The base period of performance is from October 1, 2023 through September 30, 2024 with four one-year option periods. Pricing will be on a time and materials basis with separate line items for basic labor rates, overtime rates, and travel costs. Offerors must submit pricing for the base period and all option years. The solicitation includes standard clauses for government contracts along with special clauses related to security requirements, pandemic response, and other terms.
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15M10523RA4700028 Page 1 of 62
SOLICITATION, OFFER, AND AWARD 1. This Contract is a Rated Order under the Defense Priorities and Allocations
System (DPAS) - Code of Federal Regulations - at 15 CFR 700.
RATING
2. CONTRACT NUMBER 3. SOLICITATION NUMBER
15M10523RA4700028
SEALED BID (IFB) INVITATION FOR BID
X NEGOTIATED (RFP) REQUEST FOR
PROPOSAL
4. TYPE OF SOLICITATION 5. DATE
ISSUED
05/24/2023
6. REQUISITION/PURCHASE
NUMBER
CODE 15M105
Judicial Support Branch, Court Security Section (CSS) United States Marshals Service FSD, CG-3, 4th FL - Landover Operations Center 3601 Pennsy Drive Landover, MD 20785
Christopher Cook christopher.cook4@usdoj.gov
7. ISSUED BY 8. ADDRESS OFFER TO (If other than item 7)
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".
SOLICITATION
osc.procurements@usdoj.gov 08:00 ET 06/23/2023 (Hour) (Date)
CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision Number 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.
9. Sealed offers in original and ____________ copies for furnishing the supplies or services in the Schedule will be received at the place specified in item 8, or if hand carried, in the depository located in ______________________________________________________ until ________________ local time _________________
10. FOR
INFORMATION
CALL:
A. NAME
Christopher Cook
AREA CODE NUMBER EXTENSION
B. TELEPHONE (NO COLLECT CALLS) C. EMAIL ADDRESS
christopher.cook4@usdoj.gov
11. TABLE OF CONTENTS
(X) SECTION DESCRIPTION PAGE(S) (X) SECTION DESCRIPTION PAGE(S)
PART I - THE SCHEDULE PART II - CONTRACT CLAUSES
X A SOLICITATION/CONTRACT FORM 54 X I CONTRACT CLAUSES below X B SUPPLIES OR SERVICES AND PRICES/COSTS 5 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS
X C DESCRIPTION/SPECIFICATIONS/WORK STATEMENT 75 X J LIST OF ATTACHMENTS 3
X D PACKAGING AND MARKING 1 PART IV - REPRESENTATIONS AND INSTRUCTIONS
X E INSPECTION AND ACCEPTANCE 2
X K REPRESENTATIONS, CERTIFICATIONS AND OTHER
STATEMENTS OF OFFERORS
below
X F DELIVERIES OR PERFORMANCE 15
X L INSTRSRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS 9X G CONTRACT ADMINISTRATION DATA 7
X M EVALUATION FACTORS FOR AWARD 3X H SPECIAL CONTRACT REQUIREMENTS 8
OFFER (Must be fully completed by offeror) NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.
In compliance with the above, the undersigned agrees, if this offer is accepted within _______________________ calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.
12.
13. DISCOUNT FOR PROMPT PAYMENT
(See Section I, Clause Number 52.232-8)
10 CALENDAR DAYS (%)
0.00 %
20 CALENDAR DAYS (%)
0.00 %
30 CALENDAR DAYS (%)
0.00 %
0 CALENDAR DAYS (%)
0.00 %
14. ACKNOWLEDGEMENT OF AMENDMENTS
(The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):
AMENDMENT NUMBER DATE AMENDMENT NUMBER DATE
15A. NAME AND
ADDRESS
OF
OFFEROR
CODE FACILITY 16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN
OFFER (Type or Print)
15B. TELEPHONE NUMBER
AREA CODE NUMBER EXTENSION
15C. CHECK IF REMITTANCE ADDRESS IS
DIFFERENT FROM ABOVE - ENTER
SUCH ADDRESS IN SCHEDULE.
17. SIGNATURE 18. OFFER DATE
AWARD (To be completed by Government)
19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION
10 U.S.C. 3204(a) ( ) 41 U.S.C. 3304(a) ( )
22. AUTHORITY FOR USING OTHER THAN FULL OPEN COMPETITION
UNDER THE UNITED STATES CODE AT:
23. SUBMIT INVOICES TO ADDRESS SHOWN IN
(4 copies unless otherwise specified)
ITEM
CODE24. ADMINISTERED BY (if other than Item 7)
CODE25. PAYMENT WILL BE MADE BY
26. NAME OF CONTRACTING OFFICER (Type or print) Courtney E Middleton
(Signature of Contracting Officer)
27. UNITED STATES OF AMERICA 28. AWARD DATE
IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.
AUTHORIZED FOR LOCAL REPRODUCTION
Previous edition is unusable
STANDARD FORM 33 (REV. 12/2022)
Prescribed by GSA - FAR (48 CFR) 53.214(c)
15M10523RA4700028 Page 2 of 62
Table of Contents
Section Description Page Number
A Solicitation/Contract Form B Supplies or Services and Prices/Costs C Description/Specifications/Statement of Work D Packaging and Marking E Inspection and Acceptance
52.246-6 Inspection-Time-and-Material and Labor-Hour (May 2001) F Deliveries and Performance
52.242-15 Stop-Work Order (Aug 1989) G Contract Administration Data
USMS-0012 Contracting Officer's Representative (COR) H Special Contract Requirements
DJAR-PGD-15-03 Security of Department Information and Systems 2852.223-70 Unsafe Conditions Due to the Presence of Hazardous Material (NOV 2020) DJAR-PGD-05-08 Implementation of Homeland Security Presidential Directive (HSPD) 12 - Policy for a Common Identification Standard for Federal Employees and Contractor DJAR-PGD-07-12 Maintaining Contractor Performance During a Pandemic or Other Emergency
I Contract Clauses 52.202-1 Definitions (Jun 2020) 52.203-3 Gratuities (Apr 1984) 52.203-5 Covenant Against Contingent Fees (May 2014) 52.203-6 Restrictions on Subcontractor Sales to the Government (Jun 2020) 52.203-6 Alt I Restrictions on Subcontractor Sales to the Government (Jun 2020) - Alternate I (Nov 2021) 52.203-7 Anti-Kickback Procedures (Jun 2020) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (May 2014) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (May 2014) 52.203-12 Limitation On Payments to Influence Certain Federal Transactions (Jun 2020) 52.203-13 Contractor Code of Business Ethics and Conduct (Nov 2021) 52.203-14 Display of Hotline Poster(s) (Nov 2021) 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights (Jun 2020) 52.204-2 Security Requirements (Mar 2021) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011) 52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) 52.204-12 Unique Entity Identifier Maintenance (Oct 2016) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.204-15 Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Nov 2021) 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) 52.210-1 Market Research (Nov 2021) 52.215-2 Audit and Records-Negotiation (Jun 2020) 52.215-8 Order of Precedence - Uniform Contract Format (Oct 1997) 52.215-10 Price Reduction for Defective Certified Cost or Pricing Data (Aug 2011) 52.215-12 Subcontractor Certified Cost or Pricing Data (Jun 2020) 52.215-14 Integrity of Unit Prices (Nov 2021) 52.215-14 Alt I Integrity of Unit Prices (Nov 2021) - Alternate I (Oct 1997) 52.215-15 Pension Adjustments and Asset Reversions (Oct 2010)
15M10523RA4700028 Page 3 of 62
52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits (PRB) Other than Pensions (July 2005) 52.215-19 Notification of Ownership Changes (Oct 1997) 52.215-23 Limitations on Pass-Through Charges (Jun 2020) 52.215-23 Alt I Limitations on Pass-Through Charges (Jun 2020) - Alternate I (Oct 2009) 52.219-8 Utilization of Small Business Concerns (Oct 2022) 52.219-9 Small Business Subcontracting Plan (Oct 2022) 52.219-9 Alt II Small Business Subcontracting Plan (Oct 2022) - Alternate II (Nov 2016) 52.219-16 Liquidated Damages-Subcontracting Plan (Sep 2021) 52.222-1 Notice to the Government of Labor Disputes (Feb 1997) 52.222-3 Convict Labor (June 2003) 52.222-4 Contract Work Hours and Safety Standards--Overtime Compensation (May 2018) 52.222-21 Prohibition of Segregated Facilities (Apr 2015) 52.222-26 Equal Opportunity (Sept 2016) 52.222-35 Equal Opportunity for Veterans (Jun 2020) 52.222-36 Equal Opportunity for Workers with Disabilities (Jun 2020) 52.222-37 Employment Reports on Veterans (Jun 2020) 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) 52.222-41 Service Contract Labor Standards (Aug 2018) 52.222-44 Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) 52.222-50 Combating Trafficking in Persons (Nov 2021) 52.222-54 Employment Eligibility Verification (May 2022) 52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022) 52.222-62 Paid Sick Leave Under Executive Order 13706 (Jan 2022) 52.223-6 Drug-Free Workplace (May 2001) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) 52.224-1 Privacy Act Notification (Apr 1984) 52.224-2 Privacy Act (Apr 1984) 52.225-13 Restrictions on Certain Foreign Purchases (Feb 2021) 52.227-1 Authorization and Consent (Jun 2020) 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (Jun 2020) 52.227-17 Rights in Data - Special Works (Dec 2007) 52.232-9 Limitation on Withholding of Payments (Apr 1984) 52.232-17 Interest (May 2014) 52.232-23 Assignment of Claims (May 2014) 52.232-25 Prompt Payment (Jan 2017) 52.232-33 Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) 52.233-1 Disputes (May 2014) 52.233-1 Alt I Disputes (May 2014) - Alternate I (Dec 1991) 52.233-3 Protest after Award (Aug 1996) 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (Apr 1984) 52.237-3 Continuity of Services (Jan 1991) 52.242-13 Bankruptcy (July 1995) 52.243-3 Changes-Time-and-Material or Labor-Hours (Sept 2000) 52.244-6 Subcontracts for Commercial Products and Commercial Services (Mar 2023) 52.245-1 Government Property (Sep 2021) 52.245-1 Alt I Government Property (Sep 2021) - Alternate I (Apr 2012) 52.245-9 Use and Charges (Apr 2012) 52.246-23 Limitation of Liability (Feb 1997) 52.249-6 Termination (Cost Reimbursement) (May 2004) 52.249-6 Alt IV Termination (Cost-Reimbursement) (May 2004) - Alternate IV (Sept 1996) 52.249-14 Excusable Delays (Apr 1984) 52.253-1 Computer Generated Forms (Jan 1991) USMS-0007 Federal Workplace Responses to Domestic Violence, Sexual Assault and Stalking (2014) 52.204-1 Approval of Contract (Dec 1989)
15M10523RA4700028 Page 4 of 62
52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021) 52.211-11 Liquidated Damages-Supplies, Services, or Research and Development (Sept 2000) 52.216-11 Cost Contract-No Fee (Apr 1984) 52.216-18 Ordering (Aug 2020) 52.216-19 Order Limitations (Oct 1995) 52.216-22 Indefinite Quantity (Oct 1995) 52.217-8 Option to Extend Services (Nov 1999) 52.222-42 Statement of Equivalent Rates for Federal Hires (May 2014) 52.223-99 DEV Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors (Oct 2021)
(DEVIATION)
52.232-7 Payments under Time-and-Materials and Labor Hour Contracts (Nov 2021) 52.232-22 Limitation of Funds (Apr 1984) 52.244-2 Subcontracts (Jun 2020) DOJ-01 Whistleblower Information Distribution (Oct 2021) DOJ-02 Contractor Privacy Requirements (JAN 2022) DOJ-03 Personnel Security Requirements For Contractor Employees (Nov 2021) USMS-0008 Productive/Non-Productive Language
USMS-0009 NON-DISCLOSURE AND CONFIDENTIALITY AGREEMENT
USMS-0010 CONTRACT/ORDER CLOSEOUT - FIXED-PRICE, TIME-AND-MATERIALS, OR
LABOR HOURS
USMS-0011 RELEASE OF CLAIMS
USMS-0013 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS - INVOICE
PROCESSING PLATFORM (IPP) (JAN 2018)
J List of Attachments K Representations, Certifications and Other Statements of Offerors
52.203-11 Certification And Disclosure Regarding Payments To Influence Certain Federal Transactions (Sept 2007) 52.204-7 System for Award Management (Oct 2018) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 52.222-56 Certification Regarding Trafficking in Persons Compliance Plan (Oct 2020) 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran--Representation and Certifications (Jun 2020) USMS-0006 Federal Workplace Responses to Domestic Violence, Sexual Assault, and Stalking - Provision (2014) 52.204-8 Annual Representations and Certifications (Mar 2023) 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021) 52.209-7 Information Regarding Responsibility Matters (Oct 2018) 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016) 52.209-12 Certification Regarding Tax Matters (Oct 2020) 52.229-11 Tax on Certain Foreign Procurements--Notice and Representation (Jun 2020)
L Instructions, Conditions and Notices to Offerors 52.204-6 Unique Entity Identifier (Oct 2016) 52.204-16 Commercial and Government Entity Code Reporting (Aug 2020) 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020) 52.214-35 Submission of Offers in U.S. Currency (Apr 1991) 52.215-20 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data (Nov 2021) 52.215-22 Limitations on Pass-Through Charges-Identification of Subcontract Effort (Oct 2009) 52.216-27 Single or Multiple Awards (Oct 1995) 52.216-30 Time-and-Materials/Labor-Hour Proposal Requirements-Other Than Commercial Acquisition Without Adequate Price Competition (Nov 2021) 52.222-24 Preaward On-Site Equal Opportunity Compliance Evaluation (Feb 1999) 52.232-38 Submission of Electronic Funds Transfer Information with Offer (Jul 2013) 52.204-22 Alternative Line Item Proposal (Jan 2017) 52.215-20 Alt I Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data (Nov 2021) - Alternate I (Oct 2010) 52.216-1 Type of Contract (Apr 1984)
15M10523RA4700028 Page 5 of 62
52.216-29 Time-and-Materials/Labor-Hour Proposal Requirements-Other Than Commercial Acquisition With Adequate Price Competition (Nov 2021) 52.222-46 Evaluation of Compensation for Professional Employees (Feb 1993) 52.233-2 Service of Protest (Sept 2006) 2852.233-70 Protests Filed Directly with the Department of Justice (NOV 2020)
M Evaluation Factors for Award 52.217-5 Evaluation of Options (July 1990)
15M10523RA4700028 Page 6 of 62
Section B - Supplies or Services and Prices/Costs
Court Security Officer CSO Super 7 Solicitation FY23
Time and Materials
SCHEDULE OF SUPPLIES/SERVICES
CONTINUATION SHEET
ITEM NO. SUPPLIES/SERVICES MAX.
QUANTITY
UNIT UNIT PRICEMATERIAL
COSTS
TRAVEL
COSTS
AMOUNT
0001 Basic Rate (Labor Hour)
PSC: S206
Line Period of Performance: 10/01/2023 - 09/30/2024
Base Period
0 EA $________ $________$________$_________________
ITEM NO. SUPPLIES/SERVICES MAX.
QUANTITY
UNIT UNIT PRICEMATERIAL
COSTS
TRAVEL
COSTS
AMOUNT
0002 Overtime
PSC: 1367
Line Period of Performance: 10/01/2023 - 09/30/2024
Base Period
0 EA $________ $________$________$_________________
ITEM NO. SUPPLIES/SERVICES MAX.
QUANTITY
UNIT UNIT PRICEMATERIAL
COSTS
TRAVEL
COSTS
AMOUNT
0003 Travel.
Subject to cost-reimbursable clauses.
PSC: S206
Line Period of Performance: 10/01/2023 - 09/30/2024
Base Period
0 EA $________ $________$________$_________________
ITEM NO. SUPPLIES/SERVICES MAX.
QUANTITY
UNIT UNIT PRICEMATERIAL
COSTS
TRAVEL
COSTS
AMOUNT
1001 Basic Rate (Labor Hour) Option Year 1
PSC: S206
Line Period of Performance: 10/01/2024 - 09/30/2025
Option Period
0 EA $________ $________$________$_________________
ITEM NO. SUPPLIES/SERVICES MAX.
QUANTITY
UNIT UNIT PRICEMATERIAL
COSTS
TRAVEL
COSTS
AMOUNT
1002 Overtime Option Year 1
PSC: 1367
Line Period of Performance: 10/01/2024 - 09/30/2025
Option Period
0 EA $________ $________$________$_________________
ITEM NO. SUPPLIES/SERVICES MAX.
QUANTITY
UNIT UNIT PRICEMATERIAL
COSTS
TRAVEL
COSTS
AMOUNT
15M10523RA4700028 Page 7 of 62
1003 Travel.
Option Year 1 Subject to cost-reimbursable clauses.
PSC: S206
Line Period of Performance: 10/01/2024 - 09/30/2025
Option Period
0 EA $________ $________$________$_________________
ITEM NO. SUPPLIES/SERVICES MAX.
QUANTITY
UNIT UNIT PRICEMATERIAL
COSTS
TRAVEL
COSTS
AMOUNT
2001 Basic Rate (Labor Hour) Option Year 2
PSC: S206
Line Period of Performance: 10/01/2025 - 09/30/2026
Option Period
0 EA $________ $________$________$_________________
ITEM NO. SUPPLIES/SERVICES MAX.
QUANTITY
UNIT UNIT PRICEMATERIAL
COSTS
TRAVEL
COSTS
AMOUNT
2002 Overtime Option Year 2
PSC: 1367
Line Period of Performance: 10/01/2025 - 09/30/2026
Option Period
0 EA $________ $________$________$_________________
ITEM NO. SUPPLIES/SERVICES MAX.
QUANTITY
UNIT UNIT PRICEMATERIAL
COSTS
TRAVEL
COSTS
AMOUNT
2003 Travel.
Option Year 2 Subject to cost-reimbursable clauses.
PSC: S206
Line Period of Performance: 10/01/2025 - 09/30/2026
Option Period
0 EA $________ $________$________$_________________
ITEM NO. SUPPLIES/SERVICES MAX.
QUANTITY
UNIT UNIT PRICEMATERIAL
COSTS
TRAVEL
COSTS
AMOUNT
3001 Basic Rate (Labor Hour) Option Year 3
PSC: S206
Line Period of Performance: 10/01/2026 - 09/30/2027
Option Period
0 EA $________ $________$________$_________________
ITEM NO. SUPPLIES/SERVICES MAX.
QUANTITY
UNIT UNIT PRICEMATERIAL
COSTS
TRAVEL
COSTS
AMOUNT
3002 Overtime Option Year 3
PSC: 1367
Line Period of Performance: 10/01/2026 - 09/30/2027
Option Period
0 EA $________ $________$________$_________________
ITEM NO. SUPPLIES/SERVICES MAX.
QUANTITY
UNIT UNIT PRICEMATERIAL
COSTS
TRAVEL
15M10523RA4700028 Page 8 of 62
3003 Travel.
Option Year 3 Subject to cost-reimbursable clauses
PSC: S206
Line Period of Performance: 10/01/2026 - 09/30/2027
Option Period
0 EA $________ $________$________$_________________
ITEM NO. SUPPLIES/SERVICES MAX.
QUANTITY
UNIT UNIT PRICEMATERIAL
COSTS
TRAVEL
COSTS
AMOUNT
4001 Basic Rate (Labor Hour) Option Year 4
PSC: S206
Line Period of Performance: 10/01/2027 - 09/30/2028
Option Period
0 EA $________ $________$________$_________________
ITEM NO. SUPPLIES/SERVICES MAX.
QUANTITY
UNIT UNIT PRICEMATERIAL
COSTS
TRAVEL
COSTS
AMOUNT
4002 Overtime Option Year 4
PSC: 1367
Line Period of Performance: 10/01/2027 - 09/30/2028
Option Period
0 EA $________ $________$________$_________________
ITEM NO. SUPPLIES/SERVICES MAX.
QUANTITY
UNIT UNIT PRICEMATERIAL
COSTS
TRAVEL
COSTS
AMOUNT
4003 Travel.
Option Year 4 Subject to cost-reimbursable clauses.
PSC: S206
Line Period of Performance: 10/01/2027 - 09/30/2028
Option Period
0 EA $________ $________$________$_________________
ITEM NO. SUPPLIES/SERVICES MAX.
QUANTITY
UNIT UNIT PRICEMATERIAL
COSTS
TRAVEL
COSTS
AMOUNT
5001 Basic Rate (Labor Hour) Option Period (-8)
PSC: S206
Line Period of Performance: 10/01/2028 - 03/31/2029
Option Period
0 EA $________ $________$________$_________________
ITEM NO. SUPPLIES/SERVICES MAX.
QUANTITY
UNIT UNIT PRICEMATERIAL
COSTS
TRAVEL
COSTS
AMOUNT
5002 Overtime Option Period (-8)
PSC: 1367
Line Period of Performance: 10/01/2028 - 03/31/2029
Option Period
0 EA $________ $________$________$_________________
ITEM NO. SUPPLIES/SERVICES MAX.
QUANTITY
UNIT UNIT PRICEMATERIAL
COSTS
TRAVEL
15M10523RA4700028 Page 9 of 62
5003 Travel.
Option Period (-8) Subject to cost-reimbursable clauses.
PSC: S206
Line Period of Performance: 10/01/2028 - 03/31/2029
Option Period
0 EA $________ $________$________$_________________
15M10523RA4700028 Page 10 of 62
Section C - Description/Specifications/Statement of Work
This Section Is Intentionally Left Blank
15M10523RA4700028 Page 11 of 62
Section D - Packaging and Marking
This Section Is Intentionally Left Blank
15M10523RA4700028 Page 12 of 62
Section E - Inspection and Acceptance
Clauses 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): www.acquisition.gov
Clause Title Fill-ins (if applicable)
52.246-6 Inspection-Time-and-Material and Labor-Hour (May 2001)
15M10523RA4700028 Page 13 of 62
Section F - Deliveries and Performance
Clauses 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): www.acquisition.gov
52.242-15 Stop-Work Order (Aug 1989)
15M10523RA4700028 Page 14 of 62
Section G - Contract Administration Data
Clauses By Full Text
USMS-0012 Contracting Officer's Representative (COR)
CONTRACTING OFFICER'S REPRESENTATIVE (COR) (AUG 2017)
(a) [Name] is hereby designated as the Contracting Officer's Representative (COR). The COR may be changed at any time by the Government without prior notice to the contractor by a unilateral modification to the contract. The COR is located at:
Phone Number:[Phone] E-mail:[Email]
(b) The responsibilities and limitations of the COR are as follows:
(1) The COR is responsible for the technical aspects of the contract and serves as technical liaison with the contractor. The COR is also responsible for the final inspection and acceptance of all deliverables and such other responsibilities as may be specified in the contract.
(2) The COR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes which affect the contract price, terms or conditions. Any contractor request for changes shall be referred to the Contracting Officer directly or through the COR. No such changes shall be made without the express written prior authorization of the Contracting Officer. The Contracting Officer may designate assistant or alternate COR(s) to act for the COR by naming such assistant/alternate(s) in writing and transmitting a copy of such designation to the contractor.
(End of clause)
15M10523RA4700028 Page 15 of 62
Section H - Special Contract Requirements
Clauses 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): www.acquisition.gov
Clause Title Fill-ins (if applicable)
DJAR-PGD-15-03 Security of Department Information and Systems
Clauses By Full Text
2852.223-70 Unsafe Conditions Due to the Presence of Hazardous Material (NOV 2020)
(a) “Unsafe condition” as used in this clause means the actual or potential exposure of Contractor or Government employees to a hazardous material.
(b) “Hazardous Material” as used in this clause includes any material defined as hazardous under the latest version of Federal Standard No. 313 (including revisions adopted during the term of the contract), any other potentially hazardous material requiring safety controls, or any other material or working condition designated as hazardous by the Contracting Officer's Representative (COR).
(c) The Occupational Safety and Health Administration (OSHA) is responsible for issuing and administering regulations that require Contractors to apprise its employees of all hazards to which they may be exposed in the course of their employment; proper conditions and precautions for safe use and exposure; and related symptoms and emergency treatment in the event of exposure.
(d) Prior to commencement of work, Contractors are required to inspect for and report to the Contracting Officer the presence of, or suspected presence of, any unsafe condition including asbestos or other hazardous materials or working conditions in areas in which they will be working.
(e) If during the performance of the work under this contract, the Contractor or any of its employees, or subcontractor employees, discovers the existence of an unsafe condition, the Contractor shall immediately notify the Contracting Officer, or designee (with written notice provided not later than three (3) working days thereafter), of the existence of an unsafe condition. Such notice shall include the Contractor's recommendations for the protection and the safety of Government, Contractor and subcontractor personnel and property that may be exposed to the unsafe condition.
(f) When the Government receives notice of an unsafe condition from the Contractor, the parties will agree on a course of action to mitigate the effects of that condition and, if necessary, the contract will be amended. Failure to agree on a course of action will constitute a dispute under the Disputes clause of this contract.
(g) Nothing contained in this clause shall relieve the Contractor or subcontractors from complying with applicable Federal, State, and local laws, codes, ordinances and regulations (including the obtaining of licenses and permits) in connection with hazardous material including but not limited to the use, disturbance, or disposal of such material.
(End of Clause)
DJAR-PGD-05-08 Implementation of Homeland Security Presidential Directive (HSPD) 12 - Policy for a Common Identification Standard for Federal Employees and Contractor
NOTICE OF CONTRACTOR PERSONNEL SECURITY REQUIREMENTS
Compliance with Homeland Security Presidential Directive-12 (HSPD-12) and Federal Information Processing Standard Publication 201 (FIPS 201)' entitled "Personal Identification Verification (PIV) for Federal Employees and Contractors," Phase I.
1. Long-Term Contractor Personnel:
In order to be compliant with HSPD-12/PIV I, the following investigative requirements must be met for each new long-term2 contractor employee whose background investigation (BI) process begins on or after October 27, 2005:
15M10523RA4700028 Page 16 of 62
a. Contractor Personnel must present two forms of identification in original form prior to badge issuance (acceptable documents are listed in Form 1-9, OMB No. 1615-0047, " Employment Eligibility Verification," and at least one document must be a valid State or Federal government-issued picture ID);
b. Contractor Personnel must appear in person at least once before a DOJ official who is responsible for checking the identification documents. This identity proofing must be completed sometime during the clearance process but prior to badge issuance and must be documented by the DOJ official;
c. Contractor Personnel must undergo a BI commensurate with the designated risk level associated with the duties of each position.
Outlined below are the minimum BI requirements for each risk level:
•High Risk - Background Investigation (5 year scope) •Moderate Risk - Limited Background Investigation (LBI) or Minimum Background Investigation (MBI) •Low Risk - National Agency Check with Inquiries (NACI) investigation
d. The pre-appointment BI waiver requirements for all position sensitivity levels are a:
1) Favorable review of the security questionnaire form;
2) Favorable fingerprint results;
3) Favorable credit report, if required;3
4) Waiver request memorandum, including both the Office of Personnel Management schedule date and position sensitivity/risk level; and 5) Favorable review of the National Agency Check (NAC)4 portion of the applicable BI that is determined by position sensitivity/risk level.
A badge may be issued following approval of the above waiver requirements.
If the NAC is not received within five days of OPM' s scheduling date, the badge can be issued based on a favorable review of the Security Questionnaire and the Federal Bureau of Investigation Criminal History Check (i.e., fingerprint check results).
e. Badge re-validation will occur once the investigation is completed and favorably adjudicated. If the BI results so justify, badges issued under these procedures will be suspended or revoked.
2. Short-Term Contractor Personnel:
It is the policy of the DOJ that short-term contractors having access to DOJ information systems and/or DOJ facilities or space for six months or fewer are subject to the identity proofing requirements listed in items la. and lb. above. The pre-appointment waiver requirements for short-term contractors are:
a.Favorable review of the security questionnaire form;
b.Favorable fingerprint results;
c.Favorable credit report, if required;5 and d.Waiver request memorandum indicating both the position sensitivity/risk level and the duration of the appointment. The commensurate BI does not need to be initiated.
A badge may be issued following approval of the above waiver requirements and the badge will expire six months from the date of issuance. This process can only be used once for a short-term contractor in a twelve month period. This will ensure that any consecutive short-term appointments are subject to the full PFV-I identity proofing process.
For example, if a contractor employee requires daily access for a three or four-week period, this contractor would be cleared according to the above short-term requirements. However, if a second request is submitted for the same contractor employee within a twelve-month period for the purpose of extending the initial contract or for employment under a totally different contract for another three or four-week period, this contractor would now be considered "long-term" and must be cleared according to the long-term requirements as stated in this interim policy.
3. Intermittent Contractors:
An exception to the above-mentioned short-term requirements would be intermittent contractors.
a. For purposes of this policy, "intermittent" is defined as those contractor employees needing access to DOJ information systems and/or DOJ facilities or space for a maximum of one day per week, regardless of the duration of the required intermittent access. For example, the water delivery contractor that delivers water one time each week and is working on a one-year contract.
b. Contractors requiring intermittent access should follow the Department's escort policy. Please reference the August 11, 2004, and January 29, 2001, Department Security Officer policy memoranda that conveys the requirements for contractor facility escorted access.
c. Due to extenuating circumstances, if a component requests unescorted access or DOJ IT system access for an intermittent contractor, the same pre-employment background investigation waiver requirements that apply to short-term contractors are required.
d. If an intermittent contractor is approved for unescorted access, the contractor will only be issued a daily badge. The daily badge will be issued upon entrance into a DOJ facility or space and must be returned upon exiting the same facility or space.
e. If an intermittent contractor is approved for unescorted access, the approval will not exceed one year. If the intermittent contractor requires unescorted access beyond one year, the contractor will need to be re-approved each year.
4. An individual transferring from another department or agency shall not be re-adjudicated provided the individual has a current (within the last five years), favorably adjudicated BI meeting HSPD-12 and DOJ's BI requirements.
5.The DOJ's current escorted contractor policy remains unchanged by this acquisition notice.
NOTES:
1. FIPS 201 is available at: www.csrc.nist.gov/publications/fips/fips201 /FIPS-201-22505.pdf.
15M10523RA4700028 Page 17 of 62
2. Under HSPD-12, long-term contractors are contractors having access to DOJ information systems and/or DOJ facilities or space for six months or longer. The PIV-I identity proofing process, including initiation and adjudication of the required background investigation, is required for all new long-term contractors regardless of whether it is the current practice to issue a badge. The second phase of HSPD-12 implementation (PIV-II) requires badge issuance to all affected long-term contractors.
3. For contractors in position sensitivity/risk levels above level 1, a favorable review of a credit check is required as part of the pre-appointment waiver package.
4. In order to avoid a delay in the hiring process, components should request an Advance NAC Report when initiating investigations to OPM. Per OPM 's instructions, to obtain an Advance NAC Report, a Code " 3" must be placed in block "B " of the " Agency Use Only " section of the investigative form. This report is available for all case types.
5. For contractors in position sensitivity/risk levels above level 1, a favorable review of a credit check is required as part of the pre-appointment waiver package.
(End of Clause)
DJAR-PGD-07-12 Maintaining Contractor Performance During a Pandemic or Other Emergency
Continuing Contract Performance During a Pandemic Influenza or other National Emergency During a Pandemic or other emergency we understand that our contractor workforce will experience the same high levels of absenteeism as our federal employees. Although the Excusable Delays and Termination for Default clauses used in government contracts list epidemics and quarantine restrictions among the reasons to excuse delays in contract performance, we expect our contractors to make a reasonable effort to keep performance at an acceptable level during emergency periods.
The Office of Personnel Management (OPM) has provided guidance to federal managers and employees on the kinds of actions to be taken to ensure the continuity of operations during emergency periods. This guidance is also applicable to our contract workforce.
Contractors are expected to have reasonable policies in place for continuing work performance, particularly those performing mission critical services, during a pandemic influenza or other emergency situation.
The types of actions a federal contractor should reasonably take to help ensure performance are:
Encourage employees to get inoculations or follow other preventive measures as advised by the public health service.
Contractors should cross-train workers as backup for all positions performing critical services. This is particularly important for work such as guard services where telework is not an option.
• Implement telework to the greatest extent possible in the workgroup so systems are in place to support successful remote work in an emergency.
• Communicate expectations to all employees regarding their roles and responsibilities in relation to remote work in the event of a pandemic health crisis or other emergency.
Establish communication processes to notify employees of activation of this plan.
• Integrate pandemic health crisis response expectations into telework agreements.
With the employee, assess requirements for working at home (supplies and equipment needed for an extended telework period). Security concerns should be considered in making equipment choices; agencies or contractors may wish to avoid use of employees' personal computers and provide them with PCs or laptops as appropriate.
• Determine how all employees who may telework will communicate with one another and with management to accomplish work.
Practice telework regularly to ensure effectiveness.
• Make it clear that in emergency situations, employees must perform all duties assigned by management, even if they are outside usual or customary duties.
• Identify how time and attendance will be maintained.
It is the contractor's responsibility to advise the government contracting officer if they anticipate not being able to perform and to work with the Department to fill gaps as necessary. This means direct communication with the contracting officer or in his/her absence, another responsible person in the contracting office via telephone or email messages acknowledging the contractors notification.
The incumbent contractor is responsible for assisting the Department in estimating the adverse impacts of nonperformance and to work diligently with the Department to develop a strategy for maintaining the continuity of operations.
(End of Clause)
15M10523RA4700028 Page 18 of 62
Section I - Contract Clauses
Clauses 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): www.acquisition.gov
Clause Title Fill-ins (if applicable)
52.202-1 Definitions (Jun 2020)
52.203-3 Gratuities (Apr 1984)
52.203-5 Covenant Against Contingent Fees (May 2014)
52.203-6 Restrictions on Subcontractor Sales to the Government (Jun 2020)
52.203-6 Alt I Restrictions on Subcontractor Sales to the Government (Jun 2020) -
Alternate I (Nov 2021)
52.203-7 Anti-Kickback Procedures (Jun 2020)
52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or
Improper Activity (May 2014)
52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (May 2014)
52.203-12 Limitation On Payments to Influence Certain Federal Transactions
(Jun 2020)
52.203-13 Contractor Code of Business Ethics and Conduct (Nov 2021)
52.203-14 Display of Hotline Poster(s) (Nov 2021)
52.203-17 Contractor Employee Whistleblower Rights and Requirement To
Inform Employees of Whistleblower Rights (Jun 2020)
52.204-2 Security Requirements (Mar 2021)
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content
Paper (May 2011)
52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011)
52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards
(Jun 2020)
15M10523RA4700028 Page 19 of 62
52.204-12 Unique Entity Identifier Maintenance (Oct 2016)
52.204-13 System for Award Management Maintenance (Oct 2018)
52.204-15 Service Contract Reporting Requirements for Indefinite-Delivery
Contracts (Oct 2016)
52.204-23 Prohibition on Contracting for Hardware, Software, and Services
Developed or Provided by Kaspersky Lab and Other Covered Entities
(Nov 2021)
52.209-6 Protecting the Government's Interest When Subcontracting with
Contractors Debarred, Suspended, or Proposed for Debarment (Nov
2021)
52.209-9 Updates of Publicly Available Information Regarding Responsibility
Matters (Oct 2018)
52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov
2015)
52.210-1 Market Research (Nov 2021)
52.215-2 Audit and Records-Negotiation (Jun 2020)
52.215-8 Order of Precedence - Uniform Contract Format (Oct 1997)
52.215-10 Price Reduction for Defective Certified Cost or Pricing Data (Aug
2011)
52.215-12 Subcontractor Certified Cost or Pricing Data (Jun 2020)
52.215-14 Integrity of Unit Prices (Nov 2021)
52.215-14 Alt I Integrity of Unit Prices (Nov 2021) - Alternate I (Oct 1997)
52.215-15 Pension Adjustments and Asset Reversions (Oct 2010)
52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits (PRB)
Other than Pensions (July 2005)
52.215-19 Notification of Ownership Changes (Oct 1997)
52.215-23 Limitations on Pass-Through Charges (Jun 2020)
52.215-23 Alt I Limitations on Pass-Through Charges (Jun 2020) - Alternate I (Oct
2009)
52.219-8 Utilization of Small Business Concerns (Oct 2022)
15M10523RA4700028 Page 20 of 62
52.219-9 Small Business Subcontracting Plan (Oct 2022)
52.219-9 Alt II Small Business Subcontracting Plan (Oct 2022) - Alternate II (Nov
2016)
52.219-16 Liquidated Damages-Subcontracting Plan (Sep 2021)
52.222-1 Notice to the Government of Labor Disputes (Feb 1997)
52.222-3 Convict Labor (June 2003)
52.222-4 Contract Work Hours and Safety Standards--Overtime Compensation
(May 2018)
52.222-21 Prohibition of Segregated Facilities (Apr 2015)
52.222-26 Equal Opportunity (Sept 2016)
52.222-35 Equal Opportunity for Veterans (Jun 2020)
52.222-36 Equal Opportunity for Workers with Disabilities (Jun 2020)
52.222-37 Employment Reports on Veterans (Jun 2020)
52.222-40 Notification of Employee Rights Under the National Labor Relations
Act (Dec 2010)
52.222-41 Service Contract Labor Standards (Aug 2018)
52.222-44 Fair Labor Standards Act and Service Contract Labor Standards-Price
Adjustment (May 2014)
52.222-50 Combating Trafficking in Persons (Nov 2021)
52.222-54 Employment Eligibility Verification (May 2022)
52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026
(Jan 2022)
52.222-62 Paid Sick Leave Under Executive Order 13706 (Jan 2022)
52.223-6 Drug-Free Workplace (May 2001)
52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving
(Jun 2020)
52.224-1 Privacy Act Notification (Apr 1984)
52.224-2 Privacy Act (Apr 1984)
52.225-13 Restrictions on Certain Foreign Purchases (Feb 2021)
52.227-1 Authorization and Consent (Jun 2020)
15M10523RA4700028 Page 21 of 62
52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement
(Jun 2020)
52.227-17 Rights in Data - Special Works (Dec 2007)
52.232-9 Limitation on Withholding of Payments (Apr 1984)
52.232-17 Interest (May 2014)
52.232-23 Assignment of Claims (May 2014)
52.232-25 Prompt Payment (Jan 2017)
52.232-33 Payment by Electronic Funds Transfer-System for Award Management
(Oct 2018)
52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013)
52.232-40 Providing Accelerated Payments to Small Business Subcontractors
(Mar 2023)
52.233-1 Disputes (May 2014)
52.233-1 Alt I Disputes (May 2014) - Alternate I (Dec 1991)
52.233-3 Protest after Award (Aug 1996)
52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004)
52.237-2 Protection of Government Buildings, Equipment, and Vegetation (Apr
1984)
52.237-3 Continuity of Services (Jan 1991)
52.242-13 Bankruptcy (July 1995)
52.243-3 Changes-Time-and-Material or Labor-Hours (Sept 2000)
52.244-6 Subcontracts for Commercial Products and Commercial Services (Mar
2023)
52.245-1 Government Property (Sep 2021)
52.245-1 Alt I Government Property (Sep 2021) - Alternate I (Apr 2012)
52.245-9 Use and Charges (Apr 2012)
52.246-23 Limitation of Liability (Feb 1997)
52.249-6 Termination (Cost Reimbursement) (May 2004)
52.249-6 Alt IV Termination (Cost-Reimbursement) (May 2004) - Alternate IV (Sept
1996)
15M10523RA4700028 Page 22 of 62
52.249-14 Excusable Delays (Apr 1984)
52.253-1 Computer Generated Forms (Jan 1991)
USMS-0007 Federal Workplace Responses to Domestic Violence, Sexual Assault and Stalking (2014)
Clauses By Full Text
52.204-1 Approval of Contract (Dec 1989)
This contract is subject to the written approval of [identify title of designated agency official here] and shall not be binding until so approved.
(End of clause)
52.204-25 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;
15M10523RA4700028 Page 23 of 62
(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
15M10523RA4700028 Page 24 of 62 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…
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