21Q8011_SOL_062321.docx

COMBINED SYNOPSIS/SOLICITATION

i. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with Subpart 13.5 and additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

ii. The issued solicitation number is HE1254-21-Q-8011. This Request for Quote (RFQ) is for Communication and Conflict Management in Special Education (CCMSE) services. The resulting award will be an Indefinite Delivery/ Indefinite Quantity (IDIQ) contract consisting of one 12-month base period and four one-year option periods.

iii. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2021-04.

iv. This requirement is being conducted using as a competitive 100% small business set-aside. The associated NAICS code is 541990 and small business size standard is $16.5M.

v. List of Contract Line Item Numbers (CLIN), description, maximum quantities in days and option years:

Base Year: 07/15/2021 - 07/14/2022 Option 1: 07/15/2022 - 07/14/2023 Option 2: 07/15/2023 - 07/14/2024 Option 3: 07/15/2024 - 07/14/2025 Option 4: 07/15/2025 - 07/14/2026

BASE YEAR

OPTION YEAR-1

OPTION YEAR-2

OPTION YEAR-3

OPTION YEAR-4

NOTE: Reference CLIN 0004, 1004, 2004, 3004, 4004 are informational “CLINs ONLY.”

vi. Description: DoDEA requires trainers to instruct between 1 to 4 sessions of “initial CCMSE trainings” and between 1 to 3 sessions “follow-up CCMSE training” per contract year. The training will be offered either face-to-face or virtually, based on circumstances and discussion between the contractor and leadership at the training location. A full description of the requirement is provided in the PWS.

vii. The place of performance is world-wide for schools located in the Pacific, Americas, European Regions. Still, due to COVID-19, training will be conducted virtually until such time DoDEA determines to resume in-person face-to-face training. The site may differ on occasion; see the attached PWS.

viii. The provision at 52.212-1, Instructions to Offerors – Commercial Items, applies to this acquisition. An addendum to this provision is at Attachment 1. A statement under provision 52.212-1, Instructions to Offerors-Commercial, applies to this acquisition and statement regarding any addenda to the provision.

ix. The provision at 52.212-2, Evaluation -- Commercial Items, applies to this acquisition. The specific evaluation criteria to be included in paragraph (a) of this provision are provided is under Attachment 2.

x. Any Offeror shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications -- Commercial Items, with its offer. A printout of SAM website reps and certs is acceptable, as long as the SAM reps and certs are up to date on the SAM website. Per paragraph (b)(1) of this provision, any changes provided by the offerors in section (b)(2) of this provision do not automatically change the representation and certifications posted on the SAM website. It is the offerors’ responsibility to ensure their SAM registration is up to date before any contract award.

xi. The clause at 52.212-4, Contract Terms and Conditions -- Commercial Items, applies to this acquisition and is incorporated by reference. In addition, FAR clauses cited in clause 52.212-5 are applicable: 52.203-13, 52.222-26, 52.222-36, 52.222-40, 52.222-41, and 52.222-50.

xii. The clause at 52.212-5, Contract Terms and Conditions Required To Implement Statutes Or Executive Orders -- Commercial Items, applies to this acquisition. The additional FAR clauses cited in clause 52.212-5 are provided.

xiii. See Attachment 8 for a list of clauses and additional contract terms and conditions such as contract financing or warranty arrangements that have been determined by the contracting officer to be necessary for this acquisition and consistent with customary commercial practices.

xiv. Proposals are due at 4:00 PM EDT on 7 July 2021, deliverable to:

Attn: Amanda Bursaw-amanda.bursaw@dodea.edu and Tresa Goodwin-tresa.goodwin@dodea.edu Procurement Division Mark Center Drive Suite 05F09-02 Attn: Procurement Alexandria, VA 22350-1400 See Attachment 1 for details.

xv. The individuals to contact for information regarding this solicitation are: Amanda Bursaw- amanda.bursaw@dodea.edu and Tresa Goodwin - tresa.goodwin@dodea.edu. All inquiries shall be delivered in writing via email to: Amanda Bursaw – amanda.bursaw@dodea.edu or Tresa Goodwin - tresa.goodwin@dodea.edu. All written inquiries delivered to the above email addresses by 4:00 PM EDT on 29 June 2021 will be answered by amendment to the RFP.

PERFORMANCE WORK STATEMENT FOR

COMMUNICATION AND CONFLICT MANAGEMENT IN SPECIAL EDUCATION TRAINING

1. General Information and Scope of Work.

1.1 Agency: The Department of Defense Education Activity (DoDEA) serves the educational needs of the dependents of military and civilian employees by providing PK-12 instruction to approximately 69,000 students in seven states, eleven foreign countries, Guam, and Puerto Rico. The number of students varies based on the deployment of military troops worldwide. DoDEA’s curriculum, resources, and student achievement scores on standardized assessments compare favorably to high-performing US public schools.

DoDEA is divided into three administrative areas. DoDEA Americas covers seven states, Puerto Rico, and Cuba. DoDEA Europe consists of England, Germany, Italy, Belgium, Netherlands, Spain, Portugal, Turkey, and Bahrain. DoDEA Pacific consists of Korea, Japan, and Guam.

1.2 Background: DoDEA’s Center for Early Dispute Resolution (CEDR) has been providing face-to-face trainings entitled Communications and Conflict Management in Special Education (CCMSE) at locations system-wide since 2010. This training is based on topics selected and a model developed for CEDR under a contract that included the participation of the Consortium for Appropriate Dispute Resolution in Special Education (“CADRE”). CADRE serves as the national Center on Dispute Resolution in Special Education under a contract with the Office of Special Education Programs at the U.S. Department of Education.

1.3 Scope of work: DoDEA requires trainers to instruct up to four sets of “initial CCMSE trainings” and up to one “follow-up CCMSE training” per contract year. The training will be offered either face-to-face or virtually, based on circumstances and discussion between the contractor and leadership at the training location.

1.4 The trainings will be based on the following topics:

1.4.1 Understanding special education conflict in context

1.4.2 Sources of special education conflict

1.4.3 Nature and costs of conflict escalation

1.4.4 CADRE Continuum of Special Education Conflict Resolution Options

1.4.5 Additional CADRE resources and how they can be used by participants

1.4.6 Facilitated Individualized Education Plan (IEP) meetings

1.4.7 Conflict styles and their effect on special education conflict and its resolution

1.4.8 Listening skills, responding to challenging behaviors

1.4.9 Interest-based negotiations in the context of a process of problem-solving

1.4.10 Role play of a special education problem-solving meeting

1.5 Each initial CCMSE training will generally be provided to between 10 and 35 participants as assigned by the leadership at the school or district. The training will consist of up to 4 sessions annually, regardless of whether the trainings are offered as face-to-face or virtual trainings. The contractor may, in discussion consultation with leadership at the training location prior to the commencement of the training, determine the number of training days as long as the total number of sessions for the training in the entirety meets the training objective.

The total number of hours per day may differ for situational reasons. For example, although broad use of virtual training is a relatively recent phenomenon, there appears to be a consensus among many providing similar training that training participants in face-to-face trainings can remain attentive for a longer continuous time period than participants in virtual training. In the event, virtual training is conducted versus face-to-face training, the number of hours may vary. This determination will be made between the contractor and the school district leadership prior to the training being conducted. In addition, when there is significant time differences between the trainers' location and the trainees’ location, it may be effective to arrange training during daylight hours for both. For example, if the training participants are in Europe and the trainers are on the east coast of the United States, the trainers and school/district leadership might agree to hold the training for four afternoons in Europe, which means that the trainers will be presenting the training on four mornings in the U.S.

1.6 DoDEA also requires the provision of a minimum of at least 1 session of CCMSE follow-up training per contract year, to be offered in locations where employees have already participated in an initial CCMSE training. The CCMSE follow up training may be either face-to-face or virtual training.The contractor may, in discussion with leadership at the training location, determine the number of training days. and the number of hours in each training day. The number of training days and hours per day may differ depending on whether the training is face-to-face or virtual because of potential expected differences in attention span in a virtual context and of time differences between the location of the trainers due to the differing locations of the trainers and the trainees.

1.7 In instances involving virtual training, the Contractor may provide a communication mechanism that will allow participants to communicate visually and verbally with each other and the trainers. In the alternative, the Contractor may work with school leadership to utilize a school-controlled communication mechanism for that purpose.

2. Requirements (Objectives).

2.1 Initial CCMSE Training (Objective 1): The contractor shall instruct the initial CCSME training based on the previously developed model for DoDEA special educators in DoDEA locations worldwide. At a minimum, the contractor will be required to perform the following tasks in support of the object

Personnel Replacement: The contractor shall replace any contracted personnel who are unable to perform duties outlined in this scope of work with similarly qualified personnel at no cost to the U.S. Government, subject to approval of the replacement by the COR.

Security Requirements: The contractor will coordinate with the COR with regard to requirements for access to training locations on base for the provision of face-to-face training.

“The tasks listed below are provided to help the contractor gain a better understanding of the requirements in order to successfully meet the objective. The tasks are not all inclusive as the contractor is expected to develop the total solution for meeting all the requirements of the objective in accordance with a performance-based approach.”

(Task 1) The contractor will provide trainers for each face-to-face CCMSE training. A CEDR representative or another designated DoDEA representative will be available to assist with and monitor the training.

(Task 2) If the training is conducted virtual instead of face-to-face, the contractor shall provide two trainers for each virtual CCMSE training and an additional trainer to assist with the virtual aspects of the training. A CEDR representative or another designated DoDEA representative will also be available to assist with and monitor the training.

(Task 3) The contractor shall provide up to four CCMSE trainings per contract year. Trainings will take place per task orders.

(Task 4) The contractor shall provide each training participant with information concerning open source (free) CADRE-developed resource materials relevant to participants’ understanding of special education conflict and its management, including how to locate those materials on the CADRE website.

(Task 5) The contractor shall provide the COR with electronic documentation of the materials for the training, including the Power Point slides, handouts, and other materials necessary for the training.

(Task 6) The contractor shall designate a Point of Contact (POC) who will provide assistance in connecting any requesting participant with no cost CADRE resources in areas of interest. that will help the participant’s ability to understand conflict management in special education, utilize effective conflict management skills, or obtain information from CADRE staff members with expertise in an area of interest. The contractor’s POC will receive a participant’s request for assistance through email and will respond to the participant’s email request within five business days.

2.2 CCMSE Follow-up Training (Objective 2): The contractor shall provide up to one CCMSE follow-up training per year to DoDEA educators who have previously attended the initial CCMSE trainings. At a minimum, the contractor will be required to perform the following tasks in support of this objective:

“The tasks listed below are provided to help the contractor in gaining a better understanding of the requirements in order to successfully meet the objective. The tasks are not all inclusive as the contractor is expected to develop the total solution for meeting all the requirements of the objective in accordance with a performance-based approach.”

(Task 1) The contractor shall provide between 1 to 3 sessions of CCMSE follow-up training per contract year (face-to-face or virtual, as the situation allows) various DoDEA locations as designated in the Task Order. The number of hours to be determined by the contractor in consultation with the location.

(Task 2) The follow-up training provided by the contractor will:

2.1 Be provided to DoDEA educators who have attended CCMSE training and have had the opportunity to utilize new knowledge and skills from the CCMSE training for at least six months prior to the follow-up training.

2.2 Provide the opportunity for the contractors to work with DoDEA educators in implementing actions essential to changing educator practice through effective professional learning.

2.3 Provide participants with feedback and coaching and an opportunity to reflect on how they have implemented the new learning.

2.4. Provide participants with an opportunity to reflect collaboratively on the outcomes of using the new practices.

2.5 Include opportunities to participate in interactive scenarios, designed by the contractor and approved by the COR, in demonstrating how the use of new knowledge or behaviors could affect the course of the conflict.

2.6 The contractor will provide a draft outline of an upcoming CCMSE follow-up training for review by the COR not less than one week prior to the training date. The outline will be finalized based on written feedback from the COR, and the finalized outline provided to the COR no later than the day before the beginning of the scheduled training.

2.7 The contractor will provide the COR with electronic documentation of the materials for the training, including copies of the Power Point slides, handouts, and other materials necessary for the training no later than two days before the beginning of the scheduled training.

Performance Standards and Acceptable Quality Levels (Objectives 1 and 2) The following performance standards apply to both Objective 1 and Objective 2:

-Performance Standard (PS1) - Tasks will be completed by the required completion date -Acceptable Quality Level (AQL 1) - 95 % of tasks will be completed by the required completion date. The remaining 5% shall be completed no later than 10 days after their due date.

-Performance Standard (PS2) - Deliverables will be provided IAW task requirements -AQL 2- 10% of deliverables will be rejected no more than once per quarter.

3. Constraints.

3.1 Access to DoDEA buildings. Contractor personnel providing face-to-face training will be able to access to DoDEA buildings only during normal work hours.

3.2 Security Requirements: The contractor will coordinate with the COR for access to training locations on base for the provision of face-to-face training.

3.3 Contractor qualifications —The Contractor-assigned trainers shall have the following documented experience, necessary to ensure that they will be successful in providing these trainings:

3.3.1 Experience providing both face-to-face and virtual interactive and participatory training specialized in conflict management or conflict resolution to adults to help them understand and use conflict management/resolution behaviors (a minimum of five training presentations, as shown through resumes of proposed personnel)

3.3.2 Experience working with special education issues or special educators for a minimum of three years (as shown through resumes of proposed personnel)

3.3.3 Evidence attesting to the quality or of the training success rates of interactive training specializing in conflict management in special education that has been provided within the last three years (as shown through participant evaluations or summaries of participant evaluations provided at the end of course, evidence of changed behavior related to the training as shown through post-training evaluations and/or a minimum of three letters of reference)

3.3.4 Evidence of success in effectively modelling the use of conflict management skills in the special education context (as shown through letters of reference)

3.3.5 At least one trainer must have the following experience:

· Previously worked as an employee or contractor to CADRE

· At a minimum, have experience that reflects detailed knowledge of and extensive experience in utilizing the models, approaches, and resources developed by CADRE. Knowledge includes but is not limited to the CADRE Continuum, early dispute resolution options, selection and explanation of exemplar programs, and CADRE website.

· At a minimum, experience includes but is not limited to connecting educators and educational leaders with resources provided by CADRE, including connections with appropriate CADRE staff with expertise in issues relevant to the educators.

4. Government-Furnished Resources.

4.1 The government will provide contractor personnel providing face-to-face training at DoDEA locations with a room or other appropriate location in which to provide the training.

4.2 The government will provide government-furnished resources, to include access to printers, copying service sand government-furnished materials such as office supplies.

4.3 The government will provide the contractor the following services while working from one of the government facilities:

1. Internet Connectivity

2. Phone Connectivity

4.4 The government will provide sufficient copies of printouts of PowerPoint slides, course handouts, and other materials for each course participant at the training location, based on electronic document provided by the contractor.

5. Deliverables. The contractor shall:

TECHNICAL EXHIBIT 1 DELIVERABLES SCHEDULE

Reference Planned Frequency

virtual

days after award

Training

Follow-Up Training

Follow-Up Training

email request

Participate in a post-award conference to coordinate details associated with the contract within 5 days of contract award.

Provide CCMSE, per PWS 2.1.

Provide CCMSE follow-up training, per PWS 2.2.

CCMSE Follow-up Training – Training provided to participants who have previously participated in the CCMSE training

Virtual training – training provided through use of electronic media that allow for trainers and training participants to see and hear each other

5.1 Work Schedule and Hours of Operation:

DoDEA’s school operations are primarily conducted Monday through Friday between the hours of 7:00 a.m. through 4:00 p.m. (local time at the school’s location), although operational hours should be confirmed with individual schools. DoDEA schools are closed on Federal holidays, school breaks, or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings.

Holidays: Unless required under the terms of the contract or authorized by the Contracting Officer (KO), the Contractor shall not work at any Government facility, nor should any deliveries under this contract be made to any Government facility, on any of the following holidays:

5.2 Cancellations:

In the event a scheduled training event is required to be rescheduled, the contractor will coordinate with the government to reschedule the training event to a date agreeable with the government.

5.3 Travel

Travel may be required for objectives in this PWS on an as needed basis. Travel will be purchased and billed in accordance with the CLIN and SCLINS structure noted below:

SCLIN 1 (Airfare/Car Rental) The first SCLIN for travel shall be for airfare and car rental. The contractor will be asked to provide the airfare/car rental price for each travel event. The Government will then use independent market research to determine the reasonableness of the price. The Government will only reimburse the contractor for the agreed upon airfare/rental car price determined prior to travel. Airfare shall only be purchased at economy/coach class levels unless the contractor can present evidence, which the Government can confirm, of the unavailability of economy/coach class seating options for a specific trip. Car rental class shall be no higher than an economy size.

Rental above economy size shall be justified and approved by the contracting officer prior to travel. Claims for rental car gasoline shall be supported by original receipts.

SCLIN 2 (Per Diem) The second SCLIN shall be for Per Diem which shall be calculated using the rates published by the General Services Administration’s (GSA’s) found at https://www.gsa.gov/perdiem. For example, if an approved trip to Los Angeles, CA has a current GSA Per Diem rate of $158 during the dates of travel, the Government will not reimburse at any rate higher than $158. No other expenses outside of Airfare and Per Diem shall be reimbursed resulting from travel associated with the contract.

Travel Plans: The contractor shall provide a detailed travel plan in support of the objective(s) to the COR no less than ten (10) business days prior to travel unless the travel is in response to an emergency as determined by the Government. The travel plan shall include the name of the traveler(s), location, purpose, and dates of travel; and a breakdown of anticipated travel expenses associated with either one of the two travel SCLINS (airfare/rental car/Per Diem). Travel within 50 miles is considered local travel and not reimbursable. Failure to provide appropriate documentation may result in loss of reimbursement of travel expenses.

NOTE: A refundable ticket shall be purchased regardless of the mode of travel; whether purchasing airline tickets, train fare or bus tickets.

5.4 Service Contract Reporting Requirements

“The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the Department of Defense Education Activity (DoDEA) via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address: https://www.sam.gov. Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year.

Status of DFARS Rule implementing SAM reporting - Case Number 2018- D063: https://www.acq.osd.mil/dpap/dars/opencases/dfarscasenum/dfars.pdf.

The data collection functionality will transition to the System for Award Management by the end of FY21 https://www.sam.gov.

For additional details and updates regarding this planned transition, please see the following links: Policy and Data regarding the Inventory of Contracted Services: https://www.acq.osd.mil/dpap/cpic/cp/inventory_of_services_contracts.html

6. Acronyms and Definitions. Alphabetical list of definitions of key words used or acronyms.

Acceptable Quality Level (AQL) Communications and Conflict Management in Special Education (CCMSE) Center for Early Dispute Resolution (CEDR) Contracting Officer Representative (COR) Department of Defense Education Activity (DoDEA) Department of Defense (DoD) Enterprise Contractor Manpower Reporting (ECMRA) Performance Requirement Summary (PRS) Performance Work Statement (PWS) Portable Digital Format (PDF) Quality Assurance Surveillance Plan (QASP) Quality Control Plan (QCP) Senior Executive Service (SES) Wide Area Work Flow (WAWF)

7. PERFORMANCE REQUIREMENT SUMMARY(PRS)

Post-Training Support, per PWS 4.1.5 Provide post-training support

No deviation from PWS Regular, periodic inspection by COR

No deviation from PWS Review of report by COR

CLAUSES INCORPORATED BY REFERENCE

Government 52.203-6 Restrictions on Subcontractor Sales to the JUN 2020 Government--Alternate I 52.203-11 Certification and Disclosure Regarding Payments SEP 2007 to Influence Certain Federal Transactions 52.203-12 Limitation on Payments to Influence Certain JUN 2020 Federal Transactions

Requirement To Inform Employees of Whistleblower Rights 52.204-4 Printed or Copied Double-Sided on Postconsumer MAY 2011 Fiber Content Paper

Personnel 52.204-10 Reporting Executive Compensation and JUN 2020 First-Tier Subcontract Awards 52.204-14 Service Contract Reporting Requirements OCT 2016 52.204-16 Commercial and Government Entity AUG 2020 Code Reporting 52.204-17 Ownership or Control of Offeror AUG 2020 52.204-19 Incorporation by Reference of Representations DEC 2014 and Certifications

52.204-26 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Covered Telecommunications Equipment or Services—Representation

AUG 2020

OCT 2020

52.209-6

Protecting the Government’s Interest When JUN 2020 Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment

52.209-10

52.209-11

52.217-3 52.217-5 52.219-1

52.219-6

52.219-8 52.222-25 52.222-26 52.222-35 52.222-36

52.222-37 52.222-40

52.222-41 52.222-42 52.222-43

52.222-44 Prohibition on Contracting With Inverted Domestic Corporations Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law Evaluation Exclusive of Options Evaluation of Options Small Business Program Representations --Alternate I Notice of Total Small Business Set-Aside

(CD 2020-O0008)

Utilization of Small Business Concerns Affirmative Action Compliance Equal Opportunity Equal Opportunity for Veterans Equal Opportunity for Workers with Disabilities

Employment Reports on Veterans Notification of Employee Rights Under the National Labor Relations Act Service Contract Labor Standards Statement of Equivalent Rates for Federal Hires Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (Multiple Year and Option Contracts) Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment

NOV 2015

FEB 2016

APR 1984

JUL 1990

SEP 2015

MAR 2020

OCT 2018

APR 1984

SEP 2016

JUN 2020

JUN 2020

JUN 2020

DEC 2010

AUG 2018

MAY 2014

AUG 2018

52.222-50 52.222-54 Combating Trafficking in Persons Employment Eligibility Verification

OCT 2020

OCT 2015

52.223-18

52.224-2 52.224-3 52.227-1 52.227-2

52.228-5 52.232-1 52.232-17 52.232-23 Encouraging Contractor Policies To Ban Text Messaging While Driving Privacy Act Privacy Training Authorization and Consent Notice and Assistance Regarding Patent and Copyright Infringement Insurance—Work on a Government Installation Payments Interest Assignment of Claims

JUN 2020

APR 1984

JAN 2017

DEC 2007

JUN 2020

JAN 1997

APR 1984

52.232-25 52.232-39 Prompt Payment Unenforceability of Unauthorized Obligations

JAN 2017

JUN 2013

52.232-40

52.233-1 52.233-2 Providing Accelerated Payments to Small Business Subcontractors Disputes Service of Protest

DEC 2013

MAY 2014

SEP 2006

52.233-4 52.242-15 Applicable Law for Breach of Contract Claim Stop-Work Order

OCT 2004

AUG 1989

252.201-7000 252.203-7000 Contracting Officer's Representative Requirements Relating to Compensation of Former DoD Officials

DEC 1991

SEP 2011

252.204-7020 252.215-7007 252.215-7008 252.227-7015 NIST SP 800-171 DoD Assessment Requirements Notice of Intent to Resolicit Only One Offer Technical Data--Commercial Items

NOV 2020

JUN 2012

JUL 2019

FEB 2014

252.232-7010 252.243-7001 252.243-7002 Levies on Contract Payments Pricing of Contract Modifications Requests for Equitable Adjustment

DEC 2006

DEC 1991

DEC 2012

252.244-7000

Subcontracts for Commercial Items

JAN 2021

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

(b) Prohibition.

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

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

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

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

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

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

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

(d) Representation. The Offeror represents that—

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

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

(e) Disclosures.

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

(i) For covered equipment—

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

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

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

(ii) For covered services—

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

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

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

(i) For covered equipment—

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

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

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

(ii) For covered services—

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

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

(End of provision) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2020)

(a) Definitions. As used in this clause— Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

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

Covered telecommunications equipment or services means–

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

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

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

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

Critical technology means–

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

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

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

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

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

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

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

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

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

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

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

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

(b) Prohibition.

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

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

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

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

(d) Reporting requirement.

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

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

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

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

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

(End of clause) 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (FEB 2021) ALTERNATE I (OCT 2014)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

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

"Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

"Forced or indentured child labor" means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself…