210719 RFP HTC711-21-R-D003.pdf

UNITED STATES TRANSPORTATION COMMAND

508 SCOTT DRIVE

SCOTT AIR FORCE BASE, ILLINOIS 62225-5357

19 July 2021

MEMORANDUM FOR WOMEN OWNED SMALL BUSINESS (WOSB)

FROM: USTRANSCOM, Directorate of Acquisition, Information Technology (IT) Programs and Support Services Division (TCAQ-D)

SUBJECT: Request for Proposal (RFP), Surface Deployment and Distribution Command (SDDC) Global Air Transportation Execution System (GATES)

1. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

2. Attached is Request for Proposal (RFP) number HTC711-21-R-D003. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2021-05. It is the Government’s intent to award a firm fixed price contract with Travel and Other Direct Costs (ODCs) as Time and Material (T&M) contract line item number (CLIN) with a Not to Exceed (NTE)/ceiling price established by the Government on an as-needed basis.

3. This requirement is a 100% set aside for WOSB, (NAICS 541614 - Process, Physical Distribution, and Logistics Consulting Services, $16.5M size standard). Proposals submitted by other than WOSB will not be considered for award.

4. Provisions at FAR 52.212-1, Instructions to Offerors-Commercial, and FAR 52.212-2 applies to this acquisition. Offerors are to include a completed copy of provision at FAR 52.212-3 with its offer.

5. Clauses at FAR 52.212-4 and 52.212-5 applies to this acquisition.

6. Questions on the RFP must be received no later than 1:00 PM CT on Friday, 30 July 2021.

Questions received after this date may not be answered. Questions shall be submitted by email to the Contract Specialist and Contracting Officer listed below.

7. Proposals are to be received electronically, via email, no later than 1:00 PM CT on Thursday, 19 August 2021. Your e-mail submission must be checked and determined to be virus-free prior to submission. Proposal’s shall be submitted by e-mail to Contract Specialist’s Marnell Irby at marnell.c.irby.civ@mail.mil, Dorothy Delrosario at dorothy.h.delrosario.civ@mail.mil, and Contracting Officer Matthew Hellmann at matthew.j.hellmann.civ@mail.mil https://www.acquisition.gov/far/part-12#FAR_Subpart_12_6 mailto:marnell.c.irby.civ@mail.mil mailto:dorothy.h.delrosario.civ@mail.mil mailto:matthew.j.hellmann.civ@mail.mil

MATTHEW J. HELLMANN

Contracting Officer

Attachment:

RFP HTC711-21-R-D003 with attachments

RFP HTC711-21-R-D003

1. General: The overall intent of this requirement is to provide technical services required to continue development and support Military Surface Deployment and Distribution Command (SDDC) Global Air Transportation Execution System (GATES).

The Performance Work Statement (PWS) (Attachment 1) details the effort to be accomplished.

The Quality Assurance Surveillance Plan (QASP) is also included for informational purposes (Attachment 2).

The NAICS code for this requirement is 541614, Process, Physical Distribution, and Logistics Consulting Services

2. Primary Place of Performance: Work shall be performed off-site at the contractor’s facility and on-site at Scott AFB.

3. Schedule: The period of performance for this effort is:

Transition: 1 Sep 2021 – 30 Sep 2021 Base Period: 1 Oct 2021 – 30 Sep 2022 Option Period 1: 1 Oct 2022 – 30 Sep 2023 Option Period 2: 1 Oct 2023 – 30 Sep 2024 Option Period 3: 1 Oct 2024 – 30 Sep 2025

4. General Proposal Information:

(A) The offeror’s proposal shall be received by the due date specified in the RFP cover letter. Electronic copies of the proposal shall be received in a format that can be read by Adobe Acrobat or Microsoft Office Version 2016.

(B) Security Information – Offerors (Prime Contractors) shall have and maintain a valid FCL at the TOP SECRET level at time of proposal submission. The prime contractor's Commercial and Government Entity (CAGE) code that is to be associated with the contract award document shall be the same CAGE code associated with the FCL. The prime contractor cannot use another branch, division, or subsidiary CAGE code to satisfy the FCL requirement. Block 6 of the DD254 shall have the prime contractor information, to include their CAGE code, which shall match the CAGE code submitted on the rest of the proposal documents.

Interim FCLs are acceptable provided they are not expired. FCL procedures and security guidelines for adjudicative requirements are outlined in DoD 5220.22-M FCLs and Interim FCLs must be awarded by the Defense Security Service Facility Clearance Branch.

(C) All amendments to this RFP shall be acknowledged in Volume 1, Cover Letter, of the offeror’s proposal.

(D) The Government requires proposals be valid for at least 120 calendar days.

(E) Online Representations and Certifications. Offerors are required to be registered in the System for Award Management (SAM) database (https://www.sam.gov) and complete electronic representations and certifications in the SAM at the time of proposal submission in accordance with FAR 52.204-7. The Government will reference the date of SAM verification and include a copy of the electronically submitted representations and certifications in the contract file.

(F) By submitting a proposal, the offeror accedes to all RFP requirements, including terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors and sub-factors. Failure to meet an RFP requirement may result in a proposal being determined non-compliant and/or technically unacceptable and therefore, may result in the offeror being eliminated from further consideration.

(G) Software and Data Rights - The Government obtains under this contract “unlimited rights” to all commercial and non-commercial technical data, computer software, software source code, computer software documentation, enhancement, and similar non-commercial data developed exclusively at Government expense and delivered to the Government under this contract. “Unlimited rights” means rights to use, modify, reproduce, release, perform, display or disclose in whole or in part, in any manner and for any purpose whatsoever, and to have the ability to authorize others to do so.

(H) Organization / Markings

(1) The proposal shall be structured into four volumes with maximum page limits as indicated below. Each volume shall be written to the greatest extent possible on a stand-alone basis so that its contents may be evaluated with a minimum of cross referencing to other volumes of the proposal. Each volume shall contain a cover page and a glossary of all abbreviations and acronyms used within that volume, with an explanation for each.

The offeror shall make every effort to minimize the amount of data submitted as part of the proposal. The maximum page limit for each volume includes all text pages, tables, foldouts, graphs, and other types of illustrative material. Cover pages and glossaries do not count against the page limits for the respective volumes. The page limitations listed below are absolute maximums and not planning goals. Excess pages exceeding the maximum limits will not be read or considered in the evaluation. It is entirely acceptable to submit volumes with fewer pages than the maximum limits.

PROPOSAL VOLUMES 1 - 4 PAGE LIMIT

Volume 1 – Contract and Associated Information

Section 1 - Cover Letter Section 2 - Information applicable to blocks 6a – 6c of the DD254 (Atch 3)

No Page Limit

(2) Times New Roman 12-point font and one-inch margins shall be used except for figures, diagrams, tables, and charts where smaller is acceptable as long as it is readable.

The Arial family of fonts can be used for figures, diagrams, tables, and charts as long as it is readable. All page numbers shall be sequential for each volume and identified at the bottom of each page. Each page shall identify the offeror in the upper right hand corner.

5. Submission Requirements:

(A) Volume 1 – Contract and Associated Information (No Page Limit). The Contract and Associated Information Volume shall include the information listed below and any other items for which a location has not otherwise been specified.

(1) Cover Letter. This letter shall consist of the offeror’s company name, title, telephone number, and email address of the company/division point of contract regarding decisions made with respect to the submitted proposal and who can obligate your company contractually. Also, identify those individuals authorized to negotiate with the Government. The cover letter shall also include the offerors CAGE Code and DUNS number and any teaming partner/subcontractor(s) CAGE Code and DUNS number. The cover letter shall include a statement that the proposal shall be valid for a minimum 120 calendar day and an acknowledgement of any RFP amendments.

(2) DD254 (Attachment 3). Offerors shall complete and return as part of their proposal, information applicable to blocks 6a-6c of the DD Form 254.

Section 3 - RFP Information Sheet (Atch 4) Section 4 - OCI Mitigation Plan

Volume 2 – Price

CLIN Structure (Atch 5) and all backup documentation

No Page Limit

Volume 3 – Technical Capability

Section 1 – Functional Support Section 2 – Training Section 3 – Staffing Approach Section 4 – Transition Plan

8 Pages for all sections – excludes staffing matrix (Atch 6)

Volume 4 – Past Performance

Section 1 - Past Performance Log (Atch 7) Section 2 - Past Performance Reference Sheet (Atch 8) Section 3 - Letters of Consent (if applicable)

NOTE – Past Performance Questionnaire (Atch 9)

One page per performance area per reference (max of 4 pages)

(3) Offerors shall complete and return, as part of their proposal, the RFP Information Sheet (Attachment 4).

(4) Organizational Conflict of Interest/Mitigation Plan – As required by FAR 9.5, the Government will ensure no organizational conflicts of interest are present. If any such conflict of interest is found to exist, the Contracting Officer may disqualify the Offeror or determine that it is otherwise in the best interest of the United States to contract with the offeror and include the appropriate provisions to avoid, neutralize, mitigate, or waive such conflict in the contract award. The offeror shall provide the Contracting Officer with complete information of any previous or ongoing work that is in any way associated with the acquisition. Offerors shall submit a mitigation plan that addresses actual or perceived conflicts of interest related to the services required by this effort for Government review. The Government will conduct an independent assessment review of any submitted OCI Mitigation Plan to determine if any actual or perceived OCI exists and what further actions are necessary, if any. Additionally, the Government will monitor contract performance for emerging areas of conflict of interest and take action considered necessary to avoid, neutralize, or mitigate conflicts. If the Offeror believes there is no OCI, a statement as such will be included in Section 4 of Volume 1.

(B) Volume 2 – Price (No Page Limit). This volume shall contain the CLIN Structure (Attachment 5) and all backup documentation used to support the prices. Offerors shall insert their proposed total price for each CLIN in the space provided.

(1) Offerors shall also submit a price breakout in a MS Excel spreadsheet (in both MS Excel and PDF format) identifying the labor category, labor rate, and labor hours by PWS Task Area for the base and all option periods. All calculations shall be rounded to the nearest penny.

(C) Volume 3 – Technical Capability (8 Page Limit). Do not restate or reformulate the

PWS.

(1) Sub-factor 1 – Functional Support (PWS 1.3.2 Task Area 2): Offerors shall provide an approach on how each offeror will provide services covered under Functional Support (PWS Task Area 2) requirement. The approach shall be in depth and detailed, specifically covering all subtasks.

(2) Sub-factor 2 – Training (PWS 1.3.3. Task Area 3): Offerors shall provide an approach on how each offeror will provide services covered under Training Support (PWS Task Area 3) requirement. The approach shall be in depth and detailed, specifically covering all subtasks.

(3) Sub-factor 3 – Staffing Approach: Offerors shall submit a Staffing Approach to include a staffing matrix (Attachment 6) which identifies the necessary personnel resources given the offeror’s unique technical approach to performing the requirements.

The matrix shall correlate each labor category by hours to each PWS Task in accordance with the staffing matrix template. The Staffing Approach shall provide stable staffing, with types and numbers of positions proposed, that are sufficient to ensure successful performance of the requirements based on the offeror’s unique Technical Approach.

The number of annual hours used to represent one Full Time Equivalent (FTE) shall also be identified with the matrix. Offerors shall identify the necessary qualifications (education, experience, security clearances, IA Certification levels and special skills) it will require for each labor category to perform the intended PWS tasks.

a. Subcontractor Staffing Approach: If utilizing a subcontractor, list each proposed subcontractor (large or small business) arrangement. Also identify the CAGE code for each. Note: In accordance with FAR 52.219-14, Limitations on Subcontracting (Mar 2020), at least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the concern. Identify each subcontractor that will be performing by task area and the percent of work to be performed by your company and your subcontractor.

(4) Sub-factor 4 – Transition Plan: Offerors shall provide a Transition Plan to support the transition of SDDC GATES from the incumbent contractor that includes specific details of the timelines needed to meet all Government requirements as detailed in the PWS and shall identify any/all best practices/innovations proposed. The plan shall adequately identify all deliverables in logical order with realistic milestone dates. In addition, the proposed plan must provide the following transition plan requirements:

a. An explanation for start-up and transition of work from the incumbent contractor to the offeror, depicting the chronological sequence of events to be accomplished starting at the beginning of the transition period and throughout the remaining transition period that will result in the offeror being able to support all PWS requirements by the end of the transition period.

b. Provide a listing of transition risks, the risk severity, risk probability, and the actions the offeror will take to resolve or mitigate those risks.

(D) Volume 4 – Past Performance (4 Page Limit)

(1) Offerors shall submit no more than two (2) past performance references of Government (federal, state and local) or commercial contracts/work efforts which they consider relevant, which are currently being performed or were performed within the last three (3) years (of the proposal due date), and which demonstrate their ability to perform the work identified in the following past performance areas:

a. Performance Area 1: Experience in providing Software Test Plans, Test Support, and Service Tickets.

b. Performance Area 2: Experience with providing and administrating computer based, virtual, and in-person training.

(2) The Past Performance references should summarize the work as it relates to the performance areas above. Offerors should provide a clear explanation of the relevance of each reference submitted for the prime and any subcontractors who will perform major aspects of the requirement; however, the Government will not be bound by those statements in making its own relevance determinations.

(3) Offerors should address all past performance areas noted above, but each Past Performance reference does not need to reflect experience in all performance areas.

Offerors shall submit no more than one Past Performance Reference Sheet (Attachment

8) for each example provided. Each reference may not exceed 2 pages. A past performance reference shall be a single Government or commercial contract/work effort.

Since an umbrella contract or agreement (e.g. IDIQ or BPA) does not result in actual performance, it will not be considered as a valid reference; only the work performed on the resulting task order or call will be accepted. Individual task orders awarded against a basic contract will be considered a single past performance example. If CPARS reports are only reported at the IDIQ contract level, this should be noted on Attachment 8.

(4) Offerors are responsible for ensuring that Past Performance Questionnaires (PPQ) (Attachment 9) are sent to the POCs for each of the Government or commercial contracts provided. The Government will only accept completed PPQs via email from those POCs. The PPQs do not count towards the page limit for this section. PPQs will be accepted for no more than two (2) past performance references provided. If more than five past performances are received the Government will only evaluate the first two (2) PPQs received. Offerors are to submit the Past Performance Log (Attachment 7) to identify POC information for each reference submitted. The Past Performance Log does not count towards the page limit for this section.

(5) Offerors are to submit a letter of consent from principal subcontractor(s) to allow discussion of their past performance. Past performance information pertaining to a subcontractor(s) cannot be disclosed to the prime contractor without the subcontractor's consent. With your proposal response, provide a letter from your principal subcontractor(s) that will perform major or critical aspects of the requirement consenting to the release of their past performance information to the prime Offeror. The letters of consent do not count towards the page limit for this Volume.

6. Evaluation Approach: Addendum to 52.212-2

This is a competitive best value tradeoff source selection and evaluations will be conducted in accordance with FAR 12.6. The Government will utilize a best value source selection process, as described below, to identify the offeror who represents the best value to the Government. Non-price factors are significantly more important than cost or price. Within technical capability, all sub-factors are of equal importance.

Technical capability is of equal importance to past performance. The Government intends to award a contract to the responsible offeror whose offer, conforming to the solicitation, will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

(1) Factor 1 – Price

(2) Factor 2 – Technical Capability (sub-factors are of equal importance)

Sub-factor 1 – Functional Support Sub-factor 2 – Training Sub-factor 3 – Staffing Approach Sub-factor 4 - Transition Plan

(3) Factor 3 – Past Performance

7. Evaluation Process:

(A) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation (to include all terms, conditions, representations, certifications, and all other information required by the solicitation) and is judged, based on the evaluation factors, to be most advantageous to the Government. This may result in an award to a higher rated, higher priced offeror, where the decision is consistent with the evaluation factors. However, the Government will not pay a price premium that it considers to be disproportionate to the benefits associated with the proposed margin of service superiority. Therefore, the Government will award a contract to the offeror considered to be the best value, all factors considered, given their relative order of importance: Non-price factors are significantly more important than cost or price. Within technical capability, all sub-factors are of equal importance. Technical capability is of equal importance to past performance.

(B) The Government intends to evaluate offers and award a contract without exchanges 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 exchanges if later determined by the Contracting Officer to be necessary. Prior to award, the Contracting Officer will make a determination of price fair and reasonable.

If deemed in the best interest of the Government, the CO reserves the right to award no contract at all depending on the quality of the proposals submitted and the availability of funds.

8. Evaluation Factors: Each offeror’s proposal will be evaluated against the following criteria:

(A) Factor 1 – Price

(1) Price will be considered in determining the best value offeror. FAR 52.217-8, Option to Extend Services Clause, is included in this RFP. The Government will calculate each offeror’s Total Evaluated Price (TEP) by adding the total price of the base requirement, all option periods, and the total price for the 6-month extension of services.

Pricing for the 6-month extension of services period will be based on the final 6 months of the offeror’s final option period. The Government established amounts for Travel and ODCs will be included in the TEP. The TEP for each proposal will not include the quoted price for the offeror’s transition period, but will be evaluated for fair and reasonableness as identified below. Evaluation of options will not obligate the Government to exercise the option(s).

(2) Prior to award, the Government will complete a price analysis to determine if the TEP is fair and reasonable based on the offeror’s proposed prices, to include labor rates, by comparing with other offerors’ proposal prices and any other price analysis technique determined necessary.

(B) Factor 2 – Technical Capability

(1) Technical Capability will be evaluated at the sub-factor level. Technical capability sub-factors 1, 2, and 3 will be evaluated on a Superior, Acceptable or Unacceptable basis and will receive one of the following ratings:

RATING DEFINITION

Superior

The quote meets all the requirements identified in the PWS and exceeds one or more requirements of the PWS and such additions provide benefit to the Government.

Acceptable The quote meets the requirements identified in the PWS.

Unacceptable The quote fails to meet one or more requirements in the PWS and is unawardable.

(2) Technical capability sub-factor 4 (Transition Plan) will be evaluated on a Pass/Fail basis.

The technical capability for sub-factor 4 will receive one of the following ratings:

RATING DEFINITION

Pass The quote provides a successful transition plan to the Government.

the Government.

Fail The quote fails to provide a successful transition plan to the Government.

(3) Proposals receiving an initial or final rating (if exchanges are held) of Unacceptable/Fail will not be considered for award.

(a) Sub-factor 1 – Functional Support

The Government will evaluate the each offeror’s Functional Support approach to determine if each approach meets the PWS requirements. Specifically, the Government will evaluate the offeror’s approach to provide support to each subtask.

(b) Sub-factor 2 – Training

The Government will evaluate the each offeror’s Training approach to determine if each approach meets the PWS requirements. Specifically, the Government will evaluate the offeror’s approach to provide support to each subtask.

(b) Sub-factor 3 – Staffing Approach

The Government will evaluate the offeror’s Staffing Approach to determine if the contractor submitted a sound approach given the offeror’s unique technical approach to performing the requirements. The Staffing Approach provided stable staffing, with types and numbers of positions proposed, that are sufficient to ensure successful performance of the requirements based on the offeror’s unique Technical Approach. The contractor identified the necessary qualifications (education, experience, security clearances, IA Certification levels and special skills) to perform the intended PWS tasks.

(c) Sub-factor 4 – Transition Plan The Government will evaluate the offerors Transition Plan to determine if the plan meets the PWS requirement creating a smooth transition where there will be no break in service.

(C) Factor 3 – Past Performance

(1) Past Performance will be evaluated as a measure of the Government’s confidence in the offeror’s ability to successfully perform the requirements of the solicitation based on recent and relevant past performance efforts. Relevant past performance means the references have a logical connection to the work described in the performance areas identified below and recent past performance means the references are ongoing or were performed within the past three years of quote due date. The Government will begin its evaluation of an offeror’s past performance by first determining the recency and relevancy of each past performance effort being evaluated.

(2) The Government will consider recent past performance information identified by each offeror, as well as any additional recent past performance information obtained by the Government, in determining an overall past performance confidence assessment rating for each offeror.

(3) The Government will evaluate past performance information regarding predecessor companies or principal subcontractor(s) when such information is relevant to the acquisition. Past performance regarding predecessor companies or principal subcontractor(s) that will perform major or critical aspects of this requirement will be weighted the same (equally as important) as the past performance information for the offeror.

(4) The Government will evaluate past performance information in the following performance areas as it relates to DoD, federal, state and local Government, and/or commercial experience:

(a) Performance Area 1: Experience in providing Software Test Plans, Test Support, and Service Tickets.

(b) Performance Area 2: Experience with providing and administrating computer based, virtual, and in-person training.

(4) The relevancy of each effort will be considered in determining the overall confidence assessment rating for each offeror. The following definitions will be utilized to determine the relevancy of each past performance effort:

RATING DESCRIPTION

Relevant (R) Present/Past performance reference involved similar effort this RFQ requires.

Not Relevant (NR) Present/Past performance reference involved little or none of the effort this RFQ requires.

(5) After all past performance work efforts have been assigned individual relevancy ratings, the Government will assign a single Performance Confidence Assessment rating.

The assigned rating will reflect the Government’s overall confidence in the offeror’s ability to successfully perform this effort considering the quality of performance on previous efforts, information identified by each contractor, Past Performance Questionnaires, and/or other information obtained by the Government. The Performance Confidence Assessment rating is based upon all of the information submitted/obtained and determined relevant by the Government, regardless of whether the information is for a prime or subcontractor(s). Past Performance which cannot be validated by a source other than the offeror will not be considered in the Past Performance Confidence Assessment. Note: In the case of an Offeror without a record of relevant past performance or for whom information on past performance is not available, that Offeror will receive an overall Performance Confidence Assessment rating of “Unknown Confidence (Neutral)” which will be considered neither favorably nor unfavorably. The Performance Confidence Assessment ratings are as follows:

RATING DESCRIPTION

Substantial Confidence

Based on the offeror’s recent/relevant performance record, the Government has a high expectation that the offeror will successfully perform the required effort.

Satisfactory Confidence the Government has a reasonable expectation that the offeror will successfully perform the required effort.

No Confidence the Government has no expectation that the offeror will be able to successfully perform the required effort.

Unknown Confidence (Neutral)

No recent/relevant performance record is available or the offeror’s performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned.

9. The following provisions are incorporated into this RFP by reference:

52.204-7 – System for Award Management (Oct 2018) 52.204-16 – Commercial and Government Entity Code Reporting (Aug 2020) 52.204-22 – Alternative Line Item Proposal (Jan 2017) 52.209-7 – Information Regarding Responsibility Matter (Oct 2018) 52.212-1 – Instructions to Offers-Commercial Items (Jun 2020) 52.212-2 – Evaluation – Commercial Items (Oct 2014) 52.212-3 – Offeror Representations and Certifications-Commercial Items (Feb 2021) 52.216-31 – T&M/LH Proposal Requirements-Commercial Item Acquisition (Feb 2007) 52.217-5 – Evaluation of Options (Jul 1990)

252.203-7005 – Representation Relating to Compensation of Former DOD Officials (Nov 2011) 252.204-7008 – Compliance with Safeguarding Covered Defense Information Controls (Oct 2016) 252.204-7017 – Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services- Representations (Dec 2019) 252.204-7019 – Notice of NIST SP 800-171 DoD Assessment Requirements (Nov 2020) 252.215-7008 – Only One Offer (Jul 2019) 252.239-7009 – Representation of Use of Cloud Computing (Sep 2015) 252.239-7017 – Notice of Supply Chain Risk (Feb 2019)

10. The following provisions are incorporated into this RFP by full text:

52.204-24 – Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Oct 2020)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the 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— https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_212_3

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".

https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.sam.gov/

(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.

(End of provision)

52.204-26 – Covered Telecommunications Equipment or Services-Representation (Oct 2020)

(a) Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry" have the meaning provided in the clause 52.204-25, 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".

https://www.acquisition.gov/far/52.204-25#FAR_52_204_25

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

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

(End of provision)

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 address: https://www.acquisition.gov/browse/index/far

(End of Provision)

252.204-7016 – Covered Defense Telecommunications Equipment or Services- Representation (Dec 2019)

a) Definitions. As used in this provision, “covered defense telecommunications equipment or services” has the meaning provided in the clause 252.204-7018 , Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.

(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 defense telecommunications equipment or services”.

(c) Representation. The Offeror represents that it [ ] does, [ ] does not provide covered defense 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.

(End of provision) https://www.acquisition.gov/dfars/part-252-solicitation-provisions-and-contract-clauses#DFARS-252.204-7018

12. The following clauses will be incorporated into the task order by reference at the time of award:

52.202-1 – Definitions (Jun 2020) 52.203-3 – Gratuities (Apr 1984) 52.203-16 – Preventing Personal Conflicts of Interest (Jun 2020) 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) 52.204-13 – System for Award Management Maintenance (Oct 2018) 52.204-18 – Commercial and Government Entity Code Maintenance (Aug 2020) 52.204-19 – Incorporation by Reference of Representations and Certifications (Dec 2014) 52.204-25 – Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2020) 52.212-4 – Contract Terms and Conditions – Commercial Items (Oct 2018) 52.212-4 – Contract Terms and Conditions – Commercial Items Alternate I (Jan 2017) 52.223-18 – Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) 52.225-13 – Restrictions on Certain Foreign Purchases (Feb 2021) 52.228-5 – Insurance-Work on a Government Installation (Jan 1997) 52.232-18 – Availability of Funds (Apr 1984) 52.232-40 – Providing Accelerated Payment to Small Business Subcontractors (Dec 2013) 52.245-1 – Government Property (Jan 2017) 52.245-9 – Use and Charges (Apr 2012) 252.201-7000 – Contracting Officer’s Representative (Dec 1991) 252.203-7000 -- Requirements Relating to Compensation of Former DoD Officials. (Sep 2011) 252.203-7999 -- Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements (Dev) (Feb 2015) 252.204-7004 – DoD Antiterrorism Awareness Training for Contractors (Feb 2019) 252.204-7009 – Limitation on the Use or Disclosure of Third-Party Contractor Information (Oct 2016) 252.204-7012 – Safeguarding Covered Defense Information and Cyber Incident Reporting (Dec 2019) 252.204-7018 – Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services (Jan 2021) 252.204-7020 – NIST SP 800-171 DoD Assessment Requirements (Nov 2020) 252.205-7000 – Provision of Information to Cooperative Agreement Holders (Dec 1991) 252.211-7007 – Reporting of Government-Furnished Property (Aug 2012) 252.225-7012 – Preference for Certain Domestic Commodities (Dec 2017) 252.226-7001 – Utilization of Indian Organization, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns (Apr 2019) 252.227-7013 – Rights in Technical Data – Noncommercial Items (Feb 2014) 252.227-7014 – Rights in Noncommercial Computer Software and Noncommercial Computer Software Documentation (Feb 2014)

252.227-7015 – Technical Data – Commercial Items (Feb 2014) 252.227-7016 – Rights in Bid or Proposal Information (Jan 2011) 252.227-7019 – Validation of Asserted Restrictions – Computer Software (Sep 2016) 252.232-7003 -- Electronic Submission of Payment Requests and Receiving Reports (Dec 2018) 252.232-7010 – Levies on Contract Payments (Dec 2006) 252.239-7010 – Cloud Computing Services (Oct 2016) 252.239-7018 – Supply Chain Risk (Feb 2019) 252.243-7002 – Requests for Equitable Adjustment (Dec 2012) 252.244-7000 – Subcontracts for Commercial Items and Commercial Components (DoD Contracts) (Oct 2020) 252.245-7001 – Tagging, Labeling and Marking of Government-Furnished Property (Apr 2012) 252.245-7002 – Reporting Loss of Government Property (Jan 2021) 252.245-7003 – Contractor Property Management System Administration (Apr 2012) 252.245-7004 – Reporting, Reutilization and Disposal (Dec 2017) 252.246-7004 – Safety of Facilities, Infrastructure, and Equipment for Military Operations (Oct 2010) 252.246-7008 – Sources of Electronic Parts (May 2018) 252.247-7023 – Transportation of Supplies by Sea—Alternate I (Feb 2019)

12. The following clauses will be incorporated into the task order by full text at the time of award:

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

(a) Definitions. As used in this clause–

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

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

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

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

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

(b) Safeguarding requirements and procedures.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(End of clause)

52.212-5 – Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Jan 2021)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L.

115-232).

(4)…