49100424Q0012 - Solicitation - Amendment 1.pdf

PAGE 1 OF 1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO. UEI: EFT:

PHONE: FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION (REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

49100424Q0012

EST

National Science Foundation Div. of Acq. & Cooperative Support 2415 Eisenhower Ave.

Alexandria VA 22314

X 100

X

541618

$19 Million

N/A

X

Organization Name 2415 Eisenhower Ave.

Alexandria VA 22314

DACS

National Science Foundation Div. of Acq. & Cooperative Support

DFM, Phone: (703) 292-8280 Commercial Cash Management

See CONTINUATION Page

See CONTINUATION Page

X X

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES

A.2 PRICE/COST SCHEDULE

ITEM INFORMATION

A.3 DELIVERY SCHEDULE

ADDITIONAL PROVISIONS/TERMS AND CONDITIONS

A.4 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

A.5 52.204-27 PROHIBITION ON A BYTEDANCE COVERED APPLICATION (JUN 2023) 14

A.6 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

A.7 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (JUN 2023)

A.8 52.216-1 TYPE OF CONTRACT (APR 1984)

A.9 52.217-7 OPTION FOR INCREASED QUANTITY—SEPARATELY PRICED LINE ITEM

(MAR 1989)

A.10 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

A.11 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

A.12 52.223-99 ENSURING ADEQUATE COVID-19 SAFETY PROTOCOLS FOR FEDERAL

CONTRACTORS (OCT 2021) (DEVIATION)

A.13 NOTICE LISTING CLAUSES INCORPORATED BY REFERENCE

A.14 NSF020 AUTHORITY OF GOVERNMENT PERSONNEL (APR 2013)

A.15 NSF110 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – INVOICE

PROCESSING PLATFORM (IPP) (FEB 2019)

A.16 NSF130 KEY PERSONNEL FOR SOLICITATION (AUG 2010)

A.17 NSF150 NSF SYSTEMS SUBJECT TO PRIVACY ACT RESTRICTIONS (AUG 2013)

A.18 NSF250 RESTRICTIONS AGAINST DISCLOSURE OF INFORMATION (JAN 2014) 42

A.19 NSF310 NOTICE OF REGISTERING IN RESEARCH.GOV (MAY 2018)

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

SECTION L – Evaluation Factors For Award

***** Begin Word Document - ' SOLICITATION-DESCRIPTION' *****

Request for Quote - 49100424Q0012

1. Synopsis

a. Action Code/Solicitation Number. 49100424Q0012

b. Date. December 4, 2023

c. Product or Service Code. R410-Support-Professional Program Evaluation/Review/Development

d. NAICS. 541618 – Other Management Consulting Services

e. Contracting Office Address. 2415 Eisenhower Avenue, Alexandria, VA 22314

f. Subject. IE Center-Level Onboarding Consulting and ILO Mentor Program Management

g. Submit Questions by Date. December 22, 2023 at 12 pm EDT.

Closing Response Date. January 4, 2024 at 12 pm EDT. Email quotes to Devin Faggs, dfaggs@nsf.gov and CC Kenovy Rodriguez krodrigu@nsf.gov.

h. Contact Point or Contracting Officer. Devin Faggs, dfaggs@nsf.gov

i. Description. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. The Statement of Work (SOW) is included in page 7 in this solicitation. This solicitation uses FAR part 12.6 in conjunction with FAR Part 13, Simplified Acquisition Procedures. FAR Parts 8, 14, and 15 are not used for purposes of forming any contract(s) resultant from this solicitation. The Government is contemplating awarding contract on a labor Hour (LH) basis as a result of this solicitation.

2. The solicitation number is 49100424Q0012 and this solicitation is issued as a Request for Quote

(RFQ).

3. A statement that the solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2023-01.

4. This solicitation is a total small business set-aside. A single purchase order is contemplated. The relevant NAICS code is 541618-Other Management Consulting Services.

***** End Word Document - ' SOLICITATION-DESCRIPTION' ***** mailto:dfaggs@nsf.gov mailto:krodrigu@nsf.gov mailto:dfaggs@nsf.gov

A.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBE

R

DESCRIPTION OF

SUPPLIES/SERVIC

ES

QUANTIT

Y

UNI

T UNIT PRICE AMOUNT

0.00

Base - Direct Labor Year 1 FY24 TASK 1: Build consulting teams TASK 2: Onboarding new Gen-4 ERCs through evaluation of Innovation Ecosystem strategy Task 3: ILO Mentor Program Management

Contract Period: Base POP Begin: 02-06-2024 POP End: 02-05-2025

Base - ODC (Travel) Year 1 FY24 Task, 1, 2, & 3 Airfare Per diem Lodging Per diem meals & ground transport

Contract Period: Base POP Begin: 02-06-2024 POP End: 02-05-2025

OP1 - Direct Labor Year 2 FY25 TASK 1: Build consulting teams TASK 2: Onboarding new Gen-4 ERCs through evaluation of Innovation Ecosystem strategy Task 3: ILO Mentor Program Management

Contract Period: Option 1 POP Begin: 02-06-2025 POP End: 02-05-2026

OP1 - ODC (Travel) Year 2 FY25 Task, 1, 2, & 3 Airfare

Contract Period: Option 1 POP Begin: 02-06-2025 POP End: 02-05-2026

OP2 - Direct Labor Year 3 FY26 TASK 1: Build consulting teams TASK 2: Onboarding new Gen-4 ERCs through evaluation of Innovation Ecosystem strategy Task 3: ILO Mentor Program Management

Contract Period: Option 2 POP Begin: 02-06-2026 POP End: 02-05-2027

OP2 - ODC (Travel) Year 3 FY26 Task, 1, 2, & 3 Airfare

Contract Period: Option 2 POP Begin: 02-06-2026 POP End: 02-05-2027

OP3 - Direct Labor Year 4 FY27 TASK 1: Build consulting teams TASK 2: Onboarding new Gen-4 ERCs through evaluation of Innovation Ecosystem strategy Task 3: ILO Mentor Program Management

Contract Period: Option 3 POP Begin: 02-06-2027 POP End: 02-05-2028

OP3 - ODC (Travel) Year 4 FY27 Task, 1, 2, & 3 Airfare

Contract Period: Option 3 POP Begin: 02-06-2027 POP End: 02-05-2028

OP4 - Direct Labor Year 5 FY28 TASK 1: Build consulting teams TASK 2: Onboarding new Gen-4 ERCs through evaluation of Innovation Ecosystem strategy Task 3: ILO Mentor Program Management

Contract Period: Option 4 POP Begin: 02-06-2028 POP End: 02-05-2029

OP4 - ODC (Travel) Year 5 FY28 Task, 1, 2, & 3 Airfare

Contract Period: Option 4 POP Begin: 02-06-2028 POP End: 02-05-2029

GRAND TOTAL ________________

A.3 DELIVERY SCHEDULE

ITEM NUMBER QUANTITY

DELIVERY

DATE

***** 'ATT-SOW ATTACHMENT: STATEMENT OF WORK' Replaced with Word Document *****

IE Center-Level Onboarding Consulting and ILO Mentor Program Management

I. BACKGROUND: RATIONALE FOR THE NEED FOR THE IE CENTER-LEVEL

ONBOARDING CONSULTING AND MENTOR PROGRAM MANAGEMENT

IE Center-Level Onboarding Consulting For over a decade, the Engineering Research Center (ERC) Program has supported experienced Industrial Liaison Officers (ILOs) from on-going and graduated ERCs to provide consulting services to new incoming ILOs at new or ongoing ERCs. Teams of at least two experienced ILOs have visited with the new ILOs and their Center management team to discuss how to develop effective industrial liaison practices and nurture healthy innovation ecosystems. The consultants review current practices, the membership agreement and Intellectual Property (IP) policies of the ERC on effective industry collaboration practices. The deliverables are training for the new ILOs and guidance to the ILO and the ERC on effective industrial collaboration practices. The findings and guidance are summarized in a report which is sent to the ERC Program Director and the ERC Program Office.

This establishes an excellent foundation to provide broader Innovation Ecosystem Center-level onboarding consulting.

ILO Mentor Program Management An informal outcome of holding regular ILO Working Group meetings was that it creates an All- ERC inclusive culture where the ILOs built trust and mentored each other. Although information on managing the ERC innovation ecosystem was exchanged during regular monthly ILO Working Group meetings, the ILOs felt that the in-person SUMMIT meetings and focused meetings aimed at addressing specific core competencies of the ILO function were a more efficient use of time. Based on this, they proposed a shift from general monthly ILO working group meetings to a tiered structure that focused on (1) very focused topics of interest to all active ERC ILOs, and (2) focused on ILO core competency topics requested by the new-hire ILOs. During the 2019 ILO Summit, the ILO Working Group ratified their program proposal to the NSF that outlined how to ensure newly hired ILOs are trained in core job functions. This ILO Mentor Program codified key interactions between new ILO hires (Mentees), experienced ILOs (Mentors) and Subject Matter Experts (SMEs) to maximize ILO training and sharing of best-practices. Beyond this, documenting the program products as well as managing ILO Working Group activities is needed. This document outlines what those roles would entail and proposes a scope of work.

II. SCOPE OF WORK

IE Center-Level Onboarding Consulting To address the specific needs of the currently active Gen-3 and Gen-4 ERCs, and assist the onboarding of the newly named Gen-4 ERC awardees, by gathering information on the ERC’s structure in support of an innovation ecosystem, as defined by the ERC’s bylaws, membership agreements, intellectual property agreements, inter-institutional agreements, etc., and assess its effectiveness.

This assessment will be accomplished through the following two Tasks:

TASK 1: Build consulting teams The ILO consultancy contractor will identify a cross-section of experienced ERC ILOs with the appropriate mix of backgrounds and negotiate to put them on subcontract to support ILO site visits.

The contractor shall establish a protocol for two types of visits: (i) the ILO consultancy visit and the

(ii) ILO fact finding/ problem resolution visit. Finally, the ILO consultancy contractor shall bring the consultants together at least once to train them and establish a common baseline for each type of site visit. A virtual training session is acceptable.

When a Class of Gen-4 ERCs are brought on-board in 2024 and 2026, the contractor will rebuild the consulting team as appropriate to insure the correct expertise available on the consulting staff to support the consulting visits.

TASK 2: Onboarding new Gen-4 ERCs through evaluation of Innovation Ecosystem strategy

This task comprises the two subtasks listed below. In response to both situations, the ERC program office will authorize the formation of an ILO consultant team which will be dispatched to the ERC to either train the replacement ILO or assess the issues which triggered a concern. The ad hoc consultancy visits can be scheduled at any one of the active ERCs listed in Attachment II titled List of Locations.

• Conduct up to six (6) New ILO Training site visits for each class of newly made Gen-4 ERCs which are anticipated to be made in FY24 and FY26;

• Conduct up to two ad hoc consultancy site visits per year during the 60-month period of this task. There are two categories of ad hoc consultancy visits:

a. New ILO Training: Every year, some percentage of the ILOs at the active ERCs resign or hire away to other jobs thereby creating a situation where the replacement ILO needs to be rapidly oriented.

b. Problem Resolution: At other times, the ERC Program Office may become aware of an urgent development that challenges the success of an ERCs industry strategy.

IE Center-Level Onboarding Consulting

The Onboarding of New Gen-4 ERCs comprises the following:

1. Evaluation of agreements and policy documents:

a. Review the IP policy developed by the New ERC

b. Review and make recommendations on the industry partners membership agreements;

2. In-person or virtual evaluation of this task shall establish a site visit protocol that minimally includes the following elements (1) consultants briefing the ERC ILO on ILO role expectations, (2) ERC team briefings to the consultant team on the ERC strategies for recruiting and retaining industry sponsorship, technology commercialization, nurturing the innovation ecosystem, and industry collaboration on research, and (3) an education strategy with industry and for entrepreneurial graduates. The protocol will include a list of expected attendees from the ERC, (at minimum the ILO, Associate Directors for Research and Outreach, the university or ERC publications coordinator, and any ERC team members and university officials who are expected to contribute to the ILO fact finding meeting. The format for the site visit report is as follows:

a. Executive Summary including Conclusions, Concerns, and Recommendations

b. Strategy and Architecture of Industrial Sponsorship

c. Industry Communications and Marketing

d. Technology Commercialization and Innovation Strategies

e. Research Program Strategies to Meet Industry and ERC Needs

f. Education Programs with Industry

g. Other Key Issues

Task 3: ILO Mentor Program Management Although the ILO Working Group has evolved into a self-mentoring entity, for it to persist over time requires active oversight. The ILO Mentor Program Manager will interface with the active ILOs, the ILO Mentor pool, and newly hired ILOs to: Lead the ILO Certification Process, Lead ILO Continuing Education, and Own the ILO Biobook. These three role areas are described below:

Manage opportunities for Mentor-Mentee interactions This includes (but is not limited to) performing, managing, or directing the following activities:

1. Match Mentors with Mentees: For each new hire ILO/Mentee, recommend Mentors matches from the Mentor pool.

2. Manage the ILO Biobook: The ILO Biobook is a repository of current and former ILO profiles. Included in the profile is information about mentor status and training completion.

Certifying new ILOs as ILO mentors and adding them to the BioBook. Activities for this role segment include:

a. Updating the Biobook with new entries and/or updated profile information;

b. Removing entries from ILOs who no longer wish to participate;

c. Note ILOs who are part of the mentor pool;

d. Identify when an ILO has completed their training (successfully attended all ILO

Topic Calls related to the ILO core competencies);

3. Mentor Calls: This Core Competency training involves identifying the SME for each topic in the ILO Core Competency list (https://erc-assoc.org/innovation-resources ) and https://erc-assoc.org/innovation-resources scheduling, hosting, and documenting a Zoom training session with the New ILOs on the topics. The Mentors should attend the calls as an additional resource. All topic calls should occur within the first year the ILOs are hired into their role.

Manage ILO Working Group meetings

1. Identifying relevant topics for ILOs in coordination with the NSF Cognizant PD

2. Facilitating ILO Working Group Zoom meetings on these topics, including coordinating the guest speaker or SME;

3. Submitting recordings of the ILO Working Group Zoom meetings to the erc-assoc.org repository (https://erc-assoc.org/innovation-resources ) for future ILOs to listen to the recordings

III. Deliverables

• Task 1: Submit a roster of recruited ILO to the Cognizant Program Manager within 30 days of award date.

• Task 2: Onboarding Consulting reports submitted to the Cognizant Program Manager for each site visit per the Scope of Work within 2 weeks of each site visit

• Task 3: Mentor Manager deliverables

a) Organize and document a total of 12 ILO (virtual or in-person) meetings /year

i. Mentor Calls

ii. ILO Working Group meetings

iii. ILO SUMMIT (the SUMMIT will count as 2 meetings)

c) Update the ILO BioBook annually and post at https://erc-assoc.org/innovation-resources

d) Annually deliver a Report to the Cognizant NSF Program Director detailing the Mentor/Mentee Match assignments and the most recent copy of the BioBook

IV. STAFFING QUALIFICATIONS

ILO Onboarding Consultant Services: The ERC program requires that the people contracted to provide the ILO consulting services to have been previously trained by or engaged with the ERC program for/in the ILO function. A complete understanding of the ERC program is required. This limits the consultants to be either current or former ERC ILO individuals.

The consulting teams in task will consist of experienced ILOs from ERCs that were awarded in 2020 or earlier. The consultants must have a thorough knowledge of the Gen-3 and Gen-4 ERCs. In addition, the collective expertise of the consultants selected by the vendor must cover the four major ERC cluster areas: (i) biotechnology and healthcare, (ii) micro/optoelectronics, sensing, and information technology, (iii) manufacturing and processing, and (iv) energy, sustainability, and infrastructure.

ILO Mentor Program Manager (MPM): The MPM requires a veteran ILOs who is familiar with the ILO Core Competencies, the professional qualifications of current and former ILOs to serve as Subject Matter Experts (SME), and the personal capabilities of current and former ILOs to be paired as Mentors to the new ILO hires, Clearly, a complete understanding of the ILO Core competencies and ILO Mentor training is required, thereby limiting the MPM to be either a current or former ERC ILO individuals who qualified as ILO SMEs.

V. PERIOD OF PERFORMANCE

The Period of Performance is 60 months from date of award.

Attachment II – List of Locations University of Washington University of Tennessee Arizona State University Stanford University University of Texas, Austin North Carolina State University University of California, Los Angeles Arizona State University Rice University University of Illinois, Urbana-Champaign Boston University Georgia Tech Texas A&M University Purdue University Utah State University University of Pennsylvania University of Minnesota University of Arizona Texas Tech University Columbia University Ohio State University Duke University

***** End Word Document - 'ATT-SOW ATTACHMENT: STATEMENT OF WORK' ****

49100424Q0012 Section L

ADDITIONAL PROVISIONS/TERMS AND CONDITIONS

A.4 52.204-24 REPRESENTATION REGARDING CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it ‘‘does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument’’ in paragraph (c)(1) in the provision at 52.204–26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212–3, Offeror Representations and Certifications–Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it ‘‘does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services’’ in paragraph (c)(2) of the provision at 52.204–26, or in paragraph (v)(2)(ii) of the provision at 52.212–3.

(a) Definitions. As used in this provision—

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

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

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

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

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

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

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

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

(d) Representations. 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.

https://www.sam.gov/

(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.

***** Begin Inserted Clause (Full Text) '52.204-27 PROHIBITION ON A BYTEDANCE COVERED

APPLICATION' *****

A.5 52.204-27 PROHIBITION ON A BYTEDANCE COVERED APPLICATION

(JUN 2023)

(a) Definitions. As used in this clause—

Covered application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited.

Information technology, as defined in 40 U.S.C. 11101(6)—

(1) Means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use—

(i) Of that equipment; or

(ii) Of that equipment to a significant extent in the performance of a service or the furnishing of a product;

(2) Includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; but

(3) Does not include any equipment acquired by a Federal contractor incidental to a Federal contract.

(b) Prohibition. Section 102 of Division R of the Consolidated Appropriations Act, 2023 (Pub. L. 117– 328), the No TikTok on Government Devices Act, and its implementing guidance under Office of Management and Budget (OMB) Memorandum M–23–13, dated February 27, 2023, ‘‘No TikTok on Government Devices’’ Implementation Guidance, collectively prohibit the presence or use of a covered application on executive agency information technology, including certain equipment used by Federal contractors. The Contractor is prohibited from having or using a covered application on any information technology owned or managed by the Government, or on any information technology used or provided by the Contractor under this contract, including equipment provided by the Contractor’s employees;

however, this prohibition does not apply if the Contracting Officer provides written notification to the Contractor that an exception has been granted in accordance with OMB Memorandum M–23–13.

(c) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts, including subcontracts for the acquisition of commercial products or commercial services.

***** End Inserted Clause '52.204-27 PROHIBITION ON A BYTEDANCE COVERED

APPLICATION' *****

A.6 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

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 127, and the concern is identified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. 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 voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Reasonable inquiry has the meaning provided in the clause 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174).

Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

Service-disabled veteran-owned small business concern—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

Small business concern—

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

Small disadvantaged business concern, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that—

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by—

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

Subsidiary means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name.

The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

Veteran-owned small business concern means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C.

101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

Women-owned business concern means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

Women-owned small business concern means a small business concern—

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127), 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 the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.

(b)(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by http://www.sam.gov/ submission of this offer that the representations and certifications currently posted electronically at FAR 52.212–3, Offeror Representations and Certifications—Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs .

(c) Offerors must complete the following representations when the resulting contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii). Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that—

(i) It [ ] is, [ ] is not a small business concern; or

(ii) It [ ] is, [ ] is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h) and 13 CFR 125.8(a) and (b). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: __________________.]

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [ ] is, [ ] is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that—

(i) It [ ] is, [ ] is not a service-disabled veteran-owned small business concern; or

(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR 125.18(b)(1) and (2). [The offeror shall enter the name and unique entity identifier of each party to the joint venture:

__________________.] Each service-disabled veteran-owned small business concern participating in the joint venture shall provide representation of its service-disabled veteran-owned small business concern status.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ] is, [ ] is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ] is, [ ] is not a women-owned small business concern.

(6) WOSB join venture eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that it [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: __________________.]

(7) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents that it [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part

127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: __________________.]

Note to Paragraphs (c)(8) and (9): Complete paragraphs (c)(8) and (9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ] is a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that—

(i) It [ ] is, [ ] is not a HUBZone small business concern listed, on the date of this representation, as having been certified by SBA as a HUBZone small business concern in the Dynamic Small Business Search and SAM, and will attempt to maintain an employment rate of HUBZone residents of 35 percent of its employees during performance of a HUBZone contract (see 13 CFR 126.200(e)(1)); and

(ii) It [ ] is, [ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126.616(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: __________________.] Each HUBZone small business concern participating in the HUBZone joint venture shall provide representation of its HUBZone status.

(d) Representations required to implement provisions of Executive Order 11246—

(1) Previous contracts and compliance. The offeror represents that—

(i) It [ ] has, [ ] has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and

(ii) It [ ] has, [ ] has not filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that—

(i) It [ ] has developed and has on file, [ ] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or

(ii) It [ ] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American—Supplies, is included in this solicitation.)

(1)(i) The Offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that each domestic end product listed in paragraph (f)(3) of this provision contains a critical component.

(ii) The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select ‘‘no’’.

(iii) The Offeror shall separately list the line item numbers of domestic end products that contain a critical component (see FAR 25.105).

(iv) The terms ‘‘commercially available off-the-shelf (COTS) item,’’ ‘‘critical component,’’ ‘‘domestic end product,’’ ‘‘end product,’’ ‘‘foreign end product,’’ and ‘‘United States’’ are defined in the clause of this solicitation entitled ‘‘Buy American—Supplies.’’

(2) Foreign End Products:

Line item No. Country of origin Exceeds 55% domestic content (yes/no)

[List as necessary]

(3) Domestic end products containing a critical component: Line Item No. ___________

[List as necessary]

(4) The Government will evaluate offers in accordance with the policies and procedures of FAR part 25.

(g)(1) Buy American—Free Trade Agreements—Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act, is included in this solicitation.)

(i)(A) The Offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (iii) of this provision, is a domestic end product and that each domestic end…