RFQ 70Z02322QMSR00001_A00001.docx.pdf

70Z02322QMSR00001

Department of Homeland Security

Request For Quote (RFQ)

70Z02322QMSR00001-A00001

This Amendment extends the quote due date to

February 14, 2022 at 2:00PM EST. Changes were made to page 1 and Section B of the RFQ.

Maritime Active Shooter Course

Issued by:

Department of Homeland Security (DHS)

United States Coast Guard

Office of Contract Operations

1430A Kristina Way

Chesapeake, VA 23326

Due Date/Time: February 14, 2022 at 2:00 pm EST

NOTICE FOR FILING AGENCY PROTESTS

United States Coast Guard Ombudsman Program

It is the policy of the United States Coast Guard (USCG) to issue solicitations and make contract awards in a fair and timely manner. The Ombudsman Program for Agency Protests (OPAP) was established to investigate agency protest issues and resolve them without expensive and time-consuming litigation. OPAP is an independent reviewing authority that is empowered to grant a prevailing protester essentially the same relief as the Government Accountability Office (GAO).

Interested parties are encouraged to seek resolution of their concerns within the USCG as an

Alternative Dispute Resolution (ADR) forum rather than filing a protest with the GAO or some external forum. Interested parties may seek resolution of their concerns informally or opt to file a formal agency protest with the Contracting Officer or Ombudsman.

Informal Forum with the Ombudsman. Interested parties who believe a specific USCG procurement is unfair or otherwise defective should first direct their concerns to the applicable

Contracting Officer. If the Contracting Officer is unable to satisfy their concerns, interested parties are encouraged to contact the U.S. Coast Guard Ombudsman for Agency Protests. Under this informal process the agency is not required to suspend contract award performance. Use of an informal forum does not suspend any time requirement for filing a protest with the agency or other forum. In order to ensure a timely response, interested parties should provide the following information to the Ombudsman: solicitation/contract number, contracting office, Contracting

Officer, and solicitation closing date (if applicable).

Formal Agency Protest with the Ombudsman. Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the Contracting Officer through open and frank discussions. If the protester’s concerns are unresolved, an Independent

Review is available by the Ombudsman. The protester may file a formal agency protest to either the Contracting Officer or as an alternative to that, the Ombudsman under the OPAP program.

Contract award or performance will be suspended during the protest period unless contract award or performance is justified, in writing for urgent and compelling reasons or is determined in writing to be in the best interest of the Government. The agency’s goal is to resolve protests in less than 35 calendar days from the date of filing. Protests shall include the information set forth in FAR 33.103(d) (2). If the protester fails to submit the required information, resolution of the protest may be delayed or the protest may be dismissed. To be timely protests must be filed within the period specified in FAR 33.103(e). Formal protests filed under the OPAP program should be submitted electronically to OPAP@uscg.mil and the Contracting Officer of by hand delivery to the Contracting Officer.

Election of Forum. After an interested party protests a Coast Guard procurement to the

Contracting Officer or the Ombudsman, and while the protest is pending, the protester agrees not to file a protest with the GAO or other external forum. If the protest is filed with an external forum, the agency protest will be dismissed. The Ombudsman Hotline telephone number is (202)

372-3695.

(End of notice) https://www.acquisition.gov/far/index.html https://www.acquisition.gov/far/index.html mailto:OPAP@uscg.mil

Combined Synopsis and Solicitation Notice Information

I. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. This acquisition is being conducted as unrestricted for commercial items or services prepared in accordance with FAR Part 12. FAR Part 13.5, Simplified Procedures

Certain Commercial Items, will be followed for this requirement.

II. Solicitation number is 70Z02322QMSR00001 and is being issued as a Request for Quote

(RFQ).

III. The solicitation document and incorporated provisions and clauses are those in effect through

Federal Acquisition Circular {2019-01, effective 122018}. See http://farsite.hill.af.mil/vffara.htm for this information.

IV. The associated NAICS code is 611519 and this procurement:

is not being set-aside for small businesses.

is being set-aside for small businesses. The small business size standard is $16,500,00.

V. The United Stated Coast Guard (USCG), Office of Maritime Security Response (CG-MSR) has a requirement for a Maritime Active Shooter/Active Threat Response Provisional Course described in Attachment 1, Performance Work Statement (PWS).

VI. The Government intends to award a single Firm-Fixed-Priced (FFP) Task Order (TO).

VII. Place of Delivery will be Offeror’s Facility

VIII. The provision at FAR 52.212-1, Instructions to Offerors – Commercial Products and

Commercial Services (Nov 2021) applies to this acquisition.

A. General Instructions and Proposal Submission

Offerors must respond to all requirements of the solicitation and not alter or rearrange the solicitation. Offerors are advised the Government may incorporate any portions of the Offeror’s proposal into the resulting contract.

In presenting material in the proposal, Offerors are advised that quality of information is more important than quantity. Clarity, brevity, and logical organization shall be emphasized during proposal preparation. Statements that the Offeror makes without supporting information are considered inadequate by the Government and may result in assessing weaknesses or deficiencies.

http://farsite.hill.af.mil/vffara.htm

Offerors must include any data that illustrates the adequacy of the various assumptions, approaches, and solutions to problems. Failure to address a specific factor clearly may be considered a deficiency. Unnecessarily elaborate brochures or other presentation materials beyond that sufficient to present a complete and effective proposal is neither necessary nor desired.

The Government advises Offerors that taking exception to or deviating from any term or condition of the RFP may result in the assessment of a deficiency to the proposal.

The Government will post all amendments to this solicitation at https://www.sam.gov. Offerors shall include in any proposal an acknowledgment of all amendments to the solicitation. The term

“principal subcontractor” is defined as a subcontractor who provides at least 20% of the proposed total price or cost (excluding the Offeror’s profit or fee) for the contract or which provides one or more Key Personnel. Offerors shall identify any principal subcontractors presented as part of a proposal.

Submit Offers via e-mail to the following:

E-Mail to marcus.a.prior@uscg.mil (if e-mail attachments are under 10MB)

Note: Attachments to e-mails must be less than 10MB and USCG policy does not allow receipt of WinZip files via e-mail.

Offerors shall clearly mark all email and attachments with a reference to this solicitation number.

Questions

Offerors may submit questions or request clarification of the solicitation requirements by emailing the contract specialist at marcus.a.prior@uscg.mil. All questions must be received no later than February 4, 2022 at 11:00 am EDT.

B. Proposal Submission Overview

Offerors shall submit responses no later than February 14, 2022 at 2:00 pm EDT.

The Government will proceed with evaluations and conduct any exchanges (if necessary) based on the written proposals. The Government intends to evaluate proposals and award without communications or exchanges with Offerors. The Offerors should therefore propose their best approach to meeting the requirements of the PWS and solicitation. However, the Government reserves the right to enter into communications or exchanges with Offerors if it is deemed to be in the best interests of the Government.

i. Proposal Format mailto:marcus.a.prior@uscg.mil mailto:marcus.a.prior@uscg.mil

Written proposals must be formatted using Times New Roman 12 pt, singled spaced with 1-inch margins on all four sides, and formatted for standard 8.5” x 11” paper. All pages shall include a

½” header containing: the RFP number; the Offeror’s name; and Volume Title. All pages shall be numbered in the lower right hand corner in a manner that identifies the volume and page number. Do not use foldout pages.

ii. Proposal Content

An Offeror shall submit a signed and dated proposal on company letterhead/stationery that contains, at a minimum, the following sections and information:

Cover /Letter shall include the following at a minimum:

a. Request for Proposal (RFP) number

b. Name, Address, Telephone Number, and DUNS Number of the Offeror

c. Name, Title, Phone Number, and E-mail Address of an Authorized Official of the Offeror

d. If applicable, subcontractor name(s) and DUNS number(s)

e. Business size classification, e.g., large/small business, 8(a) business, etc.

f. A statement specifying the extent of agreement with all terms, conditions, and provisions included in this Solicitation.

g. Acknowledgment of Solicitation Amendments

h. A completed copy of the representations and certifications at FAR 52.212-3 ALT 1 (see FAR

52.212-3(b)(OCT 2018) for those representations and certifications that the Offeror shall complete electronically);

i. A statement specifying the extent of agreement with all terms, conditions and provision included in the solicitations.

j. Technical information, as detailed below

Offerors that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

Technical Proposals shall provide the following:

Each proposal is required to include instructor experience with Active Shooter/Active Threat events (including training & real-world experience)

Each proposal is required to submit detailed curriculum and training materials for Maritime

Active Shooter/Active Threat Responders which addresses each element of the Performance of

Work Statement (PWS).

Each proposal is required to submit documentation of Federal Law Enforcement Training

Accreditation (FLETA) or be approved for federal grant funding for their submitted Maritime

Active Shooter Active Threat Responder course.

Each proposal is required to submit detailed descriptions and imagery of proposed training location/facilities.

Price

Offerors shall use the price schedule in Attachment 2, Pricing to indicate the firm fixed price for this requirement in their proposal. Offerors are required to propose on all contract line items.

IX. FAR 52.212-2, Evaluation-Commercial Items (Nov 2021)

The Government will award a contract resulting from this solicitation 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:

The lowest price technically acceptable (LPTA) evaluation process is appropriate for this acquisition as best value is expected to result from selection of the technically acceptable proposal with the lowest evaluated price. The following evaluation factors are set forth for this solicitation:

Technical

The Government will evaluate each quoter’s experience responding to and training Active

Shooter/Active Threat events on an “acceptable” or “unacceptable” basis

The Government will evaluate each quoter’s curriculum IAW the PWS to include all 13 topics of

FLETC certified curriculum and the 11 terminal performance objectives on an “acceptable” or

“unacceptable” basis.

The Government will evaluate each quoter’s FLETA or approval for federal grant funding for their submitted Maritime Active Shooter Active Threat Responder course on an “acceptable” or

“unacceptable” basis.

The Government will evaluate each quoter’s training locations/facilities to ensure it is within a maritime ship in a box type or similar environment on an “acceptable” or “unacceptable” basis.

Price

The Government will evaluate price reasonableness based on adequate competition and/or a price analysis. Offerors are required to provide prices for all items/CLINs. Unit prices left blank or annotated with something other than a dollar figure will be considered unacceptable and the proposal may be rejected without any further consideration.

Basis for Award

The Government intends to evaluate initial proposals received in the order of lowest proposed price first. If the first proposal is not determined acceptable, the Government will then evaluate the second lowest proposed price. This process will continue until the Government accepts the lowest priced technically acceptable offeror. The Government will award a task order without requesting additional information and/or revised proposals. Therefore, the offeror’s initial proposal should contain the best terms from a price and technical standpoint. The Government will not engage in determining a “competitive range”, nor conduct “discussions”, or

“debriefings”. However, the Government reserves the right to obtain additional information, to resolve minor errors or clerical errors, and/or request proposal revisions prior to award. The

Government also reserves the right to reject any or all proposals, withdraw, modify, or eliminate various aspects of the requirement determined to be too costly or impractical, or accept other than the lowest proposal.

X. Offerors shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items (Nov 2022), with its offer.

XI. Clause 52.212-4, Contract Terms and Conditions-Commercial Items, applies to this acquisition.

XII. Clause 52.212-5, Contract Terms and Conditions Required to Implement Statutes or

Executive Orders-Commercial Items (Jan 2022) (DEVIATION 20-04), applies to this acquisition.

(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 2019) (Section 889(a) (l)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and

108-78 (19 U.S.C. 3805note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting

Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with

Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).

https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_212_4 https://www.acquisition.gov/far/part-52#FAR_52_212_5

_ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the

American Recovery and Reinvestment Act of 2009.)

_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct

2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).

_ (5) [Reserved].

_ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section

743 of Div. C). Page 4 of26

_ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct

2016) (Pub. L. 111-117, section 743 of Div. C).

X_ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 610lnote).

_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters

(Oct 2018) (41 U.S.C. 2313).

_ (10) [Reserved].

_ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Mar 2020) (15

U.S.C.657a).

_ (ii) Alternate I (Mar 2020) of 52.219-3.

_ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer)

(15 U.S.C. 657a).

_(ii) Alternate I (Mar 2020) of 52.219-4.

_ (13) [Reserved]

_ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Mar 2020) (15 U.S.C.644).

_(ii) Alternate I (Mar 2020).

_(iii) Alternate II (Nov 2011).

_ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Mar 2020) (15 U.S.C. 644).

_(ii) Alternate I (Mar 2020) of 52.219-7.

_(iii) Alternate II (Mar 2004) of 52.219-7.

X (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and

(3)).

_ (17) (i) 52.219-9, Small Business Subcontracting Plan (Mar 2020) (15 U.S.C. 637(d)(4)).

_(ii) Alternate I (Nov 2016) of 52.219-9.

_(iii) Alternate II (Nov 2016) of 52.219-9.

_(iv) Alternate III (Mar 2020) of 52.219-9.

_ (v) Alternate IV (Aug 2018) of 52.219-9

_ (18) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

_ (19) 52.219-14, Limitations on Subcontracting (Mar 2020) (15 U.S.C.637(a)(l4)).

_ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

_ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Mar

2020) (15 U.S.C. 657£).

X_ (22) (i) 52.219-28, Post Award Small Business Program Representation (Mar 2020) (15

U.S.C. 632(a) (2)).

_(ii) Alternate I (MAR 2020) of 52.219-28.

_ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically

Disadvantaged Women-Owned Small Business Concerns (Mar 2020) (15 U.S.C. 637(m)).

_ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small

Business Concerns Eligible Under the Women-Owned Small Business Program (Mar 2020) (15

U.S.C. 637(m)).

_ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C.

644(r)).

_ (26) 52.219-33, Non-manufacturer Rule (Mar 2020) (15 U.S.C. 637(a) (l 7)).

X (27) 52.222-3, Convict Labor (June 2003) (E.O.11755).

_ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2020)

(E.O.13126).

X_ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

X_ (30) (i) 52.222-26, Equal Opportunity (Sept 2016) (E.O.11246).

_(ii) Alternate I (Feb 1999) of 52.222-26.

X_ (31) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

_ (ii) Alternate I (July 2014) of 52.222-35.

_ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.793).

_ (ii) Alternate I (July 2014) of 52.222-36.

X_ (33) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

X_ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(Dec 2010) (E.O. 13496). Page 5 of26

X (35) (i) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and

E.O. 13627).

_(ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter78 and E.O. 13627).

_ (36) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989).

(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

_ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated

Items

(May 2008) (42 U.S.C. 6962(c) (3)(A)(ii)). (Not applicable to the acquisition of commercially available offthe-shelf i terns.)

_ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i) (2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

_ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons

(Jun 2016) (E.O. 13693).

_ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air

Conditioners (Jun 2016) (E.O. 13693).

_ (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s

13423 and 13514).

_(ii) Alternate I (Oct 2015) of 52.223-13.

_ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

_(ii) Alternate I (Jun 2014) of 52.223-14.

_ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C.

8259b).

_ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct

2015) (E.O.s 13423 and 13514).

_(ii) Alternate I (Jun 2014) of 52.223-16.

X_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug

2011) (E.O. 13513).

_ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

_ (46) 52.223-21, Foams (Jun 2016) (E.O. 13693).

_ (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

_(ii) Alternate I (Jan 2017) of 52.224-3.

_ (48) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83).

_ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (41

U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C.

4001 note, Pub. L.

103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41 , 112-

42, and 112-43 .

_ (ii) Alternate I (May 2014) of 52.225-3.

_ (iii) Alternate II (May 2014) of 52.225-3.

_ (iv) Alternate III (May 2014) of 52.225-3.

_ (50) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501 , et seq., 19 U.S.C. 3301 note).

X_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the

Department of the Treasury).

_ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States

(Oct 2016)

(Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10

U.S.C. 2302

Note).

_ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

_ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007)

(42

U.S .C. 5150).

_ (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41

U.S.C.4505, 10 U.S .C.2307(£)).

_ (56) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C.4505, 10

Page 6 of26 U.S.C.2307(£)).

X_ (57) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct

2018) (31

U.S.C. 3332).

_ (58) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award

Management (Jul

2013) (31 U.S.C.3332).

_ (59) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.3332).

X_ (60) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (DEC

20 l 3 )(DEVIATION APR 2020)(31 U.S.C. 3903 and 10 U.S.C. 2307).

_ (61) 52.239- , Privacy or Security Safeguards (AUG 1996) (5

U.S.C. 552a).

_ (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017) (15 U.S.C. 637(d)(l3)).

_ (63) (i) 52.247-64, Preference for Privately Owned U.S.- Flag Commercial Vessels (Feb 2006)

(46 U.S.C. Appx. 124l (b)and 10 U.S.C. 2631).

_(ii) Alternate I (Apr 2003) of 52.247-64.

_(iii) Alternate II (Feb 2006) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

_ (1) 52.222-17, Non-displacement of Qualified Workers (May 2014)(E.O. 13495).

_ (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

_ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and

41 U.S.C. chapter 67).

_ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price

Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

_ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price

Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_ (6) 52.222-51, Exemption from Application ofthe Service Contract Labor Standards to

Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May

2014) (41 U.S.C. chapter 67).

_ (7) 52.222-53, Exemption from Application ofthe Service Contract Labor Standards to

Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

_ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

_ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

_ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42

U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph ( d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the

Comptroller

General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor

Records Retention, of the other Page 7 of26 clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the

Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (l) Notwithstanding the requirements of the clauses in paragraphs (a), (b ), ( c ), and ( d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(l) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C.

3509).

(ii) 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)).

(iii) 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). (iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(l )(A) of Pub. L.

115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C.637(d)(2) and

(3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-17, Non-displacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(vii) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(viii) 52.222-26, Equal Opportunity (Sept 2015) (E.O.11246).

(ix) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C.4212).

(x) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29

U.S.C.793).

(xi) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C.4212)

(xii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(Dec 20 l 0) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause

52.222-40.

(xiii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

(xiv) (A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O 13627).

(B) Alternate I (Mar 2015) of 52.222-50(22 U.S.C. chapter 78and E.O 13627).

(xv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to

Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May

2014) (41 U.S.C. chapter 67).

(xvi) 52.222-53, Exemption from Application of the Service Contract Labor Standards to

Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

(xvii) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).

(xviii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xix) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

(xx) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a). (B) Alternate I (Jan

2017) of 52.224-3.

(xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United

States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for

Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May

2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause

52.226-6.

(xxiii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb

2006) (46 U.S.C. Appx 124l(b) and 10 U.S.C.2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

XIII. This solicitation does not have a Defense Priorities and Allocation System (DPAS) rating.

XIV. The following additional FAR and HSAR provisions and clauses are applicable to this acquisition:

Provisions/Clauses Incorporated by Reference:

52.204-7, System for Award Management (OCT 2018)

52.204-13, System for Award Management Maintenance (OCT 2018)

52.204-16, Commercial and Government Entity Code Reporting (AUG 2020)

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

52.225-13, Restrictions on certain foreign purchases (FEB 2021)

52.229-11, Tax on Certain Foreign Procurements—Notice and Representation

(JUNE 2020)

52.203-17, Contractor Employee Whistleblower Rights and Requirement To Inform

Employees of Whistleblower Rights (Jun 2020) (DHS – USCG DEVIATION 14-01)

(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the enhancement of whistleblower protections for Contractor employees http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P807_115604 established at 10 U.S.C. 2409 by section 827 of the NDAA for FY 2013 (Pub. L. 112-239) and

FAR 3.908.

(b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 10 U.S.C. 2409, as described in section 3.908 of the FAR.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold.

(End of clause)

52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or

Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (DEVIATION 20-05)

(a) Definitions. As used in this clause

"Covered article" means any hardware, software, or service that

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

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

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

"Covered entity" means

(1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab;

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

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

(b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal

Year 2018 (Pub. L. 115-91) prohibits Government use of any covered article. The Contractor is prohibited from

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

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

(c) Reporting requirement.

(1) In the event the Contractor identifies covered article provided to the Government during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report, in writing, via email, to the Contracting Officer, Contracting Officer's Representative, and the Enterprise Security Operations Center (SOC) at

NDAA Incidents@hq.dhs.gov, with required information in the body of the email. In the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Enterprise SOC, Contracting Officer for the indefinite delivery contract and the Contracting

Officer(s) and Contracting Officer's Representative(s) for any affected order or, in the case of the

Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

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

(i) Within 1 business day from the date of such identification or notification: the contract number;

the order number( s ), if applicable; supplier name; brand; model number (Original Equipment

Manufacturer (OEM) number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

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

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

(d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph

(d), in all subcontracts, including subcontracts for the acquisition of commercial items.

(End of Clause)

52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance

Services or Equipment. (Nov 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the

Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-

Commercial 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— https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25

(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.

https://www.sam.gov/

(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. (DEVIATION 20-05, Revision 2) (Nov 2021)

(a) Definitions. As used in this clause—

“Backhaul” means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

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

“Covered telecommunications equipment or services” means–

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE

Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou

Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

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

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

“Critical technology” means–

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

Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the

Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal

Regulations, and controlled-

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

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

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

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal

Regulations (relating to export and import of nuclear equipment and material);

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

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export

Control Reform Act of 2018 (50 U.S.C. 4817).

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

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

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

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

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal

Year 2019 (Pub. L. 115–232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal

Year 2019 (Pub. L. 115–232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an…