RFP - 70RDAD22R00000002 0004 Issued 8-2-2022.pdf

Department of Homeland Security Request for Proposal 70RDAD22R00000002/0004

Request for Proposal 70RDAD22R00000002

Title: DHS Wide Vaccination Services IDIQ

General Information

Document Type: Combined Synopsis / Solicitation Notice

Solicitation Type and Number: RFP 70RDAD22R00000002

Posted Date: 6/28/2022

Questions Due: 7/1/2022 10 a.m. ET

Response Date: 8/8/2022 1:00 p.m. ET

Classification / PSC Code: Q702 TECHNICAL MEDICAL SUPPORT

Contracting Office: Department of Homeland Security (DHS), Office of Procurement Operations (OPO), Dept. Operations Acquisition Div. 301 7th Street, SW Mail Stop 0115, Room# 3051, Washington, DC 20528-0115.

FAR 12.603 information:

(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. FAR Part 15, Contracting by Negotiation apply to this solicitation.

(ii) This is Request for Proposal (RFP) 70RDAD22R00000002.

(iii) This solicitation documents and incorporate provisions and clauses in effect through Federal

Acquisition Circular 2022-03 / 01-1-2022.

(iv) This is a full and open RFP. NAICS Code: 621999 - All Other Miscellaneous Ambulatory

Health Care Services.

(v) For the items/services required see section II below.

(vi) This RFP contains the description of the requirement.

(vii) See the IDIQ and individual Deliver Orders / Task Orders For the Date(s) and place(s) of delivery and acceptance and FOB Destination.

(viii) Provision FAR 52.212-1, Instruction to Offerors-Commercial, applies to this RFP.

(ix) See Section 5 for the evaluation of proposals.

(x) Offerors shall submit a completed copy of FAR 52.212-3, Offeror Representations and

Certifications—Commercial Items, as part of the proposal.

(xi) Clause FAR 52.212-4, contract Terms and Conditions - Commercial Items applies to this acquisition.

(xii) Clause FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes or

Executive Orders—Commercial Items, applies to this acquisition. See section VIII for additional provisions and clauses applicable to this acquisition.

(xiii) See the full RFP for contract requirements/terms and conditions.

(xiv) Defense Priorities and Allocations System (DPAS) and assigned rating: Not applicable.

(xv) See Section 4 for date, time and place offers are due.

(xvi) Courtney Lewis is the Contract Specialist to contact regarding this solicitation. Telephone

202-447-5625. See Section 4.2 for additional information on question regarding this RFP.

Multiple Awards may be made as a result of this solicitation.

END OF SYPNOSIS/SOLICITATION COVER

Contents

Request for Proposal 70RDAD22R00000002

1. CONTRACT TYPE

1.1 INDEFINITE DELIVERY / INDEFINITE QUANTITY

2. IDIQ CONTRACT TERMS AND CONDITIONS

2.1 TYPES OF DELIVERY ORDERS (DO) / TASK ORDERS (TO)

2.2 IDIQ CONTRACT VOLUME

2.3 OBLIGATION

2.4 IDIQ CONTRACT PERIOD OF PERFORMANCE

2.5 AWARD OF ORDERS UNDER THE CONTRACT

2.6 IDIQ AUTHORIZED USERS

2.7 TASK/DELIVERY ORDER OMBUDSMAN

2.8 INVOICING

2.9 PLACE OF PERFORMANCE

2.10 HOURS OF OPERATION

2.11 HOLIDAYS

2.12 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM

(CPARS)

2.13 REPORT WAST, FRAUD, ABUSE AND THEFT

2.14 STANDARD CONDUCT AT GOVERNMENT INSTALLATION

2.15 ORDERING DELIVERY ORDERS (DO) OR TASK ORDERS (TO)

2.16 CONTRACT ADMINISTRATION

2.17 CLAUSES/PROVISIONS REFERENCED FEDERAL ACQUISITION

REGULATION (FAR) AND HOMELAND SECURITY ACQUISITION

REGULATIONS (HSAR)

3. STATEMENT OF WORK (SOW)

3.1 BACKGROUND

3.2 PURPOSE

3.3 SCOPE

3.4 APPLICABLE DOCUMENTS

3.5 TASKS

3.6 DELIVERIES OR PERFORMANCE

4. INSTRUCTIONS TO OFFEROR

4.1 PROPOSAL DUE DATE AND DELIVERY

4.2 QUESTIONS AND AMENDMENTS

4.3 PROPOSAL PREPARATION AND EXPIRATION

4.4 PROPOSAL CONTENT AND SUBMISSION INSTRUCTIONS

4.5 VOLUME I - TECHNICAL PROPOSAL

4.6 VOLUME 2 – BUSINESS / PRICE PROPOSAL & ADDITONAL

DOCUMENTATION

5. EVALUATION CRITERIA

5.1 BASIS FOR AWARD AND EVALUATION PROCESS

5.2 EVALUATION CRITERIA

6. LISTS OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

CONTRACT TYPE

1.1 INDEFINITE DELIVERY / INDEFINITE QUANTITY

This is a Multiple Award Indefinite Delivery / Indefinite Quantity (IDIQ) Contract issued in accordance with Federal Acquisition Regulation (FAR) Part 12, Acquisition of Commercial Items and Part 15, Contracting by Negotiation for vaccination services in support of the Department of Homeland Security (DHS) and its Components.

2. IDIQ CONTRACT TERMS AND CONDITIONS

This section presents the general requirements applicable to the Vaccination Support Services IDIQ Contractor. Additional Terms and Conditions may be identified and incorporated under each DO/TO.

2.1 TYPES OF DELIVERY ORDERS (DO) / TASK ORDERS (TO)

Order types will be specified in each individual DO/TO placed against this IDIQ Contract. This contract provides for Firm-Fixed-Price (FFP), Labor Hour (LH), and Time and Materials (T&M) type orders, or any combination thereof.

2.2 IDIQ CONTRACT VOLUME

The maximum cumulative value of orders to be placed against this Multiple Award IDIQ Contract may be $1,529,696,878.91 over the course of five (5) years, if all of the Option Periods are exercised. The maximum aggregate dollar value of all orders awarded to the Contractor cannot exceed the contract ceiling amount. DHS will monitor the overall Multiple Award IDIQ ceiling of $1,529,696,878.91. The Contractor will be notified when this ceiling is reached.

2.3 OBLIGATION

This IDIQ contract does not obligate any funds. Funds will be obligated through individual Delivery / Task Orders issued under this contract. This IDIQ contract has a minimum guarantee of $1,000.00.

2.4 IDIQ CONTRACT PERIOD OF PERFORMANCE

The period of performance for this IDIQ is a base of one year plus four one-year option periods as stated below.

Base Period: September 19, 2022 through September 18, 2023 Option Period One: September 19, 2023 through September 18, 2024 Option Period Two: September 19, 2024 through September 18, 2025 Option Period Three: September 19, 2025 through September 18, 2026 Option Period Four: September 19, 2026 through September 18, 2027

Option periods will be excised in accordance with FAR 52.217-9, Option to Extend the Term of the Contract.

The DO/TO period of performance will be specified at the order level.

The contract ordering period is prior to the IDIQ contract expiration date. All orders shall be placed during the contract ordering period. DO/TO performance periods may continue up to twelve (12) months after the IDIQ expiration date.

2.5 AWARD OF ORDERS UNDER THE CONTRACT

The Government will order any supplies and services to be furnished under this IDIQ by issuing DOs/TOs Optional Form 347, or a component prescribed form, from the effective date of the contract through the expiration date of the contract. All warranted DHS COs are considered designated ordering officials for this IDIQ.

Component COs with their respective offices will be responsible for the issuance, administration, payment, and closeout of the order.

Should the Contract User require a change to the IDIQ contract, a written request shall be submitted the IDIQ level CO for review and approval.

Only Firm-Fixed-Price, Time-and-Materials, Labor Hour, or any combination thereof may be issued under this IDIQ.

Each Order issued against this IDIQ Contract will, at a minimum, include the following information as applicable:

(1) IDIQ Contract number and Delivery/Task Order number;

(2) Date of the order;

(3) Description of the service(s) to be acquired and/or work to be performed or supplies to be delivered;

(4) The period of performance or required delivery date;

(5) Place of Performance;

(6) Deliverables;

(7) Contract Line Item Number (CLIN) and description, quantity, unit price and extended total; and

(8) Accounting and appropriation data.

2.6 IDIQ AUTHORIZED USERS

Only the IDIQ Contracting Officer within the Department of Homeland Security, Office of Procurement Operations is authorized to execute, and modify this IDIQ. DHS component contracting officers are authorized to execute DOs/TOs Delivery under the IDIQ within their warrant authority.

The Contracting Officer administering the IDIQ has responsibility for ensuring the performance of all necessary actions for effective contracting, ensuring compliance with the terms of the contract and safeguarding the interests of the United States in its contractual and legally binding agreements. The IDIQ Contracting Officer is the only individual who has the authority to enter into, administer, or terminate this contract and is the only person authorized to approve changes to any of the requirements, and notwithstanding any provision contained elsewhere in this IDIQ, this authority remains solely with the IDIQ Contracting Officer.

The COR is responsible for the technical administration of the contract and technical liaison with the contractor. The COR is not authorized to change the scope of work or specifications as stated in the

IDIQ, to make any commitments or otherwise obligate the Government or authorize any changes which affect the contract price, delivery schedule, period of performance, or other terms and conditions.

2.7 TASK/DELIVERY ORDER OMBUDSMAN

In accordance with FAR Part 16.505(b)(8), the DO/TO Ombudsman has the responsibility to review contractor complaints and ensure that all contractors are afforded a fair opportunity to be considered for each task order, consistent with the ordering procedures in the contract.

The component DO/TO Ombudsman is responsible for reviewing complaints from contractors on DOs/TOs, and if any corrective action is needed, shall provide a written determination of such action to the DO/TO CO.

Issues that cannot be resolved within the component shall be forwarded to the DHS DO/TO Ombudsman for review and resolution. The DHS DO/TO Ombudsman is also the DHS Competition Advocate.

The complete list of Ombudsmen can be found on DHS Open for Business at:

https://www.dhs.gov/competition-advocates-and-task-order-and-delivery-order-ombudsman

2.8 INVOICING

Invoices shall be prepared as specified in the individual DO/TO and in accordance with FAR 52.212- 4(g).

2.9 PLACE OF PERFORMANCE

United States and its outlying areas. The specific place of performance will be stated in the individual DOs/TOs.

2.10 HOURS OF OPERATION

Hours of operation may vary and will be specified at the order level.

2.11 HOLIDAYS

The Federal Government observes the following holidays. The contractor may be required to provide services on these days in support of mission critical situations.

• New Year's Day - 1 January (or as observed)

• Martin Luther King's Birthday - Third Monday in January

• Inauguration Day - January 20 (or 21 if 20 is a Sunday)

• Washington's Birthday - Third Monday in February

• Memorial Day - Last Monday in May

• Juneteenth - 19 June (or as observed)

• Independence Day - 4 July (or as observed)

• Labor Day - First Monday in September

• Columbus Day - Second Monday in October

• Veterans Day - 11 November (or as observed)

• Thanksgiving Day - Fourth Thursday in November

• Christmas Day - 25 December (or as observed)

No work shall be performed by Contactor personnel on Government facilities on Federal holidays or other non-workdays (such as those declared by an Executive Order from the President of the United States) without prior written approval of the COR or as stated in the individual DO/TO(s).

2.12 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (CPARS)

In accordance with FAR Subpart 42.1502, CPARS may be required to be prepared by Components on a DO/TO. Contracts with a period of performance exceeding one year (including options) require interim evaluations so as to document Contractor performance and provide current information for source selection purposes. CPARS is for UNCLASSIFIED use only. Classified information is not to be entered into this system. An assessment evaluates a Contractor’s performance and provides a record on a given contractor during a specific period of time, under a specific contract. Each assessment is based on objective facts and supported by program and contract management data, such as cost performance reports, customer comments, quality reviews, technical interchange meetings, financial solvency assessments, production management reviews, Contractor operations reviews, functional performance evaluations, and earned contract incentives. The CPARS automated information system contains management and technical controls to ensure that only authorized personnel have access to the data. CPARS is located at: https://www.cpars.gov/.

2.13 REPORT WAST, FRAUD, ABUSE AND THEFT

The Contractor shall notify the Task Order Contracting Officer and the Task Order COR of any instances of suspected waste, fraud, abuse, loss, or theft of Contractor or Government-furnished property by employees or subcontractors performing the scope of work under the Task Order.

Anyone who becomes aware of the existence of fraud, waste and abuse in DHS funded programs is encouraged to report such matters to the DHS Inspector General’s Office in writing or on the Inspector General’s Hotline. The toll-free number is 1-800-323-8603. All telephone calls will be handled confidentially. The web address is https://www.oig.dhs.gov/hotline and the mailing address is:

DHS Office of Inspector General/MAIL STOP 0305 Attn: Office of Investigations – Hotline 245 Murray Lane SW Washington, DC 20528-0305

2.14 STANDARD CONDUCT AT GOVERNMENT INSTALLATION

The Government may, at its sole discretion (via the Contracting Officer), direct the Contractor to remove any contractor employee from DHS facilities for misconduct or security reasons.

Removal does not relieve the contractor of the responsibility to continue providing the services required under the Contract. The Contracting Officer will provide the contractor with a written explanation to support any request to remove an employee.

The Contractor shall be responsible for maintaining satisfactory standards of employee competency conduct, appearance and integrity and shall be responsible for taking such disciplinary action with respect to his employees as may be necessary. The Contractor is also responsible for ensuring that his employees do not disturb papers on desks, open desk drawers or cabinets, or use Government telephones except as authorized.

In performing on-site work under this contract on a Government installation or in a Government building, the Contractor shall:

• Conform to the specific safety requirements established by a Contract.

• Comply with the safety rules of the Government installation that concern related activities not directly addressed in this contract.

• Take all reasonable steps and precautions to prevent accidents and preserve the life and health of Contractor and Government personnel connected in any way with performance under this contract.

• Take such additional immediate precautions as the Contracting Officer or COR may reasonably require for safety and accident prevention purposes.

2.15 ORDERING DELIVERY ORDERS (DO) OR TASK ORDERS (TO)

2.15.1 General

The component CO will issue a Request For Proposal (RFP) or Request For Quote (RFQ) with a description of the services/supplies needed, from all of the Multiple Awardees of the IDIQ. The multiple Awardees are:

TBD

The RFP/RFQ will include the due date of the quotes/proposals as well as an evaluation criteria. The Multiple Award IDIQ holder may provide a response to the RFP/RFQ. In the scenario where an IDIQ awardee will not be submitting a quotation/proposal, a no quote response shall be submitted to the CO/CS before the due date of the quotes/proposals.

Individual DOs/TOs will detail the supplies or services required in addition to any other order-specific information. Orders will be within the scope, issued within the IDIQ ordering period, and will not exceed the maximum value of the IDIQ contract.

2.16 CONTRACT ADMINISTRATION

The DHS representatives responsible for administering this Contract are identified below:

IDIQ Contracting Officer IDIQ Contract Specialist Tracy Miller, Contracting Officer

MGMT/OPO/DOAD

U.S. Department of Homeland Security 301 7th Street, S.W.

Washington, DC 20528 Phone Number: (202) 447-5339

Courtney Lewis, Contract Specialist

MGMT/OPO/DOAD

U.S. Department of Homeland Security 301 7th Street, S.W., Washington, DC 20528 Phone Number: (202) 447-5625

E-mail: tracy.miller@hq.dhs.com E-mail: courtney.lewis@hq.dhs.gov

IDIQ Contracting Officer’s Representative (COR) TBD, Contracting Officer’s Representative Office of the Chief Human Capital Officer U.S. Department of Homeland Security 301 7th Street, S.W.

Washington, DC 20528 Phone Number: TBD E-mail: TBD

2.17 CLAUSES/PROVISIONS REFERENCED FEDERAL ACQUISITION REGULATION

(FAR) AND HOMELAND SECURITY ACQUISITION REGULATIONS (HSAR)

All clauses referenced or incorporated below are applicable to this IDIQ Contract and to all associated orders unless otherwise stated. DHS may include additional contract clauses in Delivery/Task Orders issued under this contract other than those enumerated herein such as (1) optional FAR clauses, (2) optional DHS clauses, (3) unreferenced FAR or HSAR alternate clauses, and (4) order specific clauses.

2.17.1 Clauses Incorporated by Reference

FAR 52.252-1 Clauses Incorporated by Reference (Feb 1998)

This contract incorporates one or more clauses by reference with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at http://acquisition.gov/comp/far/index.html or for DHS specific clauses at http://farsite.hill.af.mil/VFHSAR1.htm.

Clause / Provision

Title Date

Federal Acquisition Regulation (FAR) Clauses/Provisions 52.202-1 Definitions JUN 2020 52.203-3 Gratuities. APR 1984 52.203-6 Restrictions and Subcontractor Sales to the Government and

ALT I

JUN 2020

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions.

SEP 2007

52.203-12 Limitation on Payments to Influence Certain Federal Transactions

JUN 2020

52.203-13 Contractor Code of Business Ethics and Conduct NOV 2021 52.203-17 Contractor Employee Whistleblower Rights and Requirement

To Inform Employees of Whistleblower Rights

JUN 2020

52.204-2 Security Requirements MAR 2021 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content

Paper.

MAY 2011

52.204-7 System for Award Management OCT 2018

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier Subcontract

Awards

JUN 2020

52.204-13 System for Award Management Maintenance. OCT 2018 52.204-15 Service Contract Reporting Requirements for Indefinite –

Delivery Contracts

OCT 2016

52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-17 Ownership or Control of Offeror AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and

Certifications

DEC 2014

52.204-20 Predecessor of Offeror AUG 2020 52.204-22 Alternative Line Item Proposal JAN 2017 52.209-2 Prohibition on Contracting with Inverted Domestic

Corporations-Representation.

NOV 2015

52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment

NOV 2021

52.209-7 Information Regarding Responsibility Matters. OCT 2018 52.212-4 Contract Terms and Conditions—Commercial Items and ALT I NOV 2021 52.215-8 Order of Precedence-Uniform Contract Format OCT 1997 52.216-1 Type of Contract APR 1984 52.216-31 Time-and-Materials/Labor-Hour Proposal Requirements-

Commercial Item Acquisition.

NOV 2021

52.217-4 Evaluation of Options Exercised at Time of Contract Award JUN 1988 52.217-5 Evaluation of Options JUL 1990 52.219-1 Small Business Program Representations SEP 2021 52.219-8 Utilization of Small Business Concerns OCT 2018 52.219-28 Post – Award Small Business Program Representation SEP 2021 52.222-3 Convict Labor JUN 2003 52.222-19 Child Labor—Cooperation with Authorities and Remedies

(DEVIATION 20-07)

JUL 2020

52.222-24 Pre-award On-Site Equal Opportunity Compliance Evaluation Feb 1999 52.222-26 Equal Opportunity SEPT 2016 52.222-35 Equal Opportunity for Veterans JUN 2020 52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020 52.222-37 Employment Reports on Veterans JUN 2020 52.222-40 Notification of Employee Rights Under the National Labor

Relations Act

DEC 2010

52.222-41 Service Contract Labor Standards AUG 2018 52.222-43 Fair Labor Standards Act and Service Contract Labor Standards-

Price Adjustment (Multiple Year and Option Contracts)

AUG 2018

52.222-54 Employment Eligibility Verification MAY 2022 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While

Driving

JUN 2020

52.225-1 Buy-American Supplies NOV 2021

52.225-3 Buy American—Free Trade Agreements—Israeli Trade Act.

(DEVIATION 20-07) and ALT II, ALT III

JUL 2020

52.225-4 Buy American—Free Trade Agreement—Israeli Trade Act Certificate. (DEVIATION 20-07) and ALT II, ALT III

JUL 2020

52.225-5 Trade Agreements. (DEVIATION 20-07) JUL 2020 52.225-11 Buy American—Construction Materials Under Trade

Agreements. (DEVIATION 20-07) and ALT I

JUL 2020

52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.225-23 Required Use of American Iron, Steel, and Manufactured

Goods—Buy American Statute—Construction Materials Under Trade Agreements. (DEVIATION 20-07)

JUL 2020

52.225-25 Prohibition on Contracting With Entities Engaging in Certain Activities or Transactions Relating to Iran – Representation and Certifications

JUN 2020

52.227-1 Authorization and Consent JUN 2020 52.227-2 Notice and Assistance Regarding Patent and Copyright

Infringement

JUN 2020

52.227-14 Rights and Data- General and ALT IV MAY 2014 52.228-5 Insurance – Work on a Government Installation JAN 1997 52.229-3 Federal, State, and Local Taxes FEB 2013 52.232-7 Payments under Time-and-Materials and Labor-Hour Contracts NOV 2021 52.232-11 Extras APR 1984 52.232-17 Interest MAY 2014 52.232-23 Assignment of Claims MAY 2014 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors Nov 2021

52.233-1 Disputes MAY 2014 52.233-3 Protest after Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-1 Site Visit APR 1984 52.237-2 Protection of Government Buildings, Equipment, and

Vegetation

APR 1984

52.237-3 Continuity of Services JAN 1991 52.242-13 Bankruptcy JUL 1995 52.242-15 Stop – Work Order AUG 1989 52.243-1 Changes – Fixed -Price AUG 1987 52.243-3 Changes – Time-and-Materials or Labor-Hours SEPT 2000 52.244-2 Subcontracts JUN 2020 52.244-6 Subcontracts for Commercial Products and Commercial

Services

JAN 2022

52.245-9 Use and Charges APR 2012 52.246-2 Inspection of Supplies – Fixed – Price AUG 1996 52.246-4 Inspection of Services – Fixed-Price AUG 1996 52.246-6 Inspection of-Time-and-Materials and Labor-Hour May 2001 52.246-16 Responsibility for Supplies. APR 1984 52.247-34 F.o.b. Destination. NOV 1991

52.247-63 Preference for U.S. – Flag Air Carriers JUN 2003 52.249-2 Termination for Convenience of the Government (Fixed-Price) APR 2012 52.249-6 Termination (Cost – Reimbursement) and ALT IV MAY 2004 52.249-8 Default (Fixed-Price Supply and Service) APR 1984 52.249-14 Excusable Delays APR 1984 52.252-5 Authorized Deviations in Provisions NOV 2020 52.252-6 Authorized Deviations in Clauses NOV 2020

Homeland Security Acquisition Regulation (HSAR) Clauses / Provisions 3052.203-70 Instructions for Contractor Disclosure of Violations SEP 2012 3052.204-70 Security Requirements for Unclassified Information Technology

Resources

JUN 2006

3052.205-70 Advertisements, Publicizing Awards, and Releases SEP 2012 3052.242-72 Contracting Officers Representative DEC 2003

2.17.2 FAR Clauses Incorporated in Full Text

FAR 52.204-8 Annual Representations and Certifications (Deviation 20-07) (JUL 2020)

52.204-8 Annual Representations and Certifications. (DEVIATION 20-07) (JUL 2020)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 621999.

(2) The small business size standard is $16.5M.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

[ ] (i) Paragraph (d) applies.

[ ] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements—Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.204-26, Covered Telecommunications Equipment or Services—Representation. This provision applies to all solicitations.

(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—Representation.

(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(x) 52.214-14, Place of Performance—Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.

(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xvi) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA-designated items.

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals— Representation. This provision applies to solicitations that include the clause at 52.204-7.)

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xxi) 52.225-4, Buy American—Free Trade Agreements—Israeli Trade Act Certificate. (Basic, Alternates II and III.) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $50,000, the basic provision applies.

(B) If the acquisition value is $50,000 or more but is less than $83,099, the provision with its Alternate II applies.

(C) If the acquisition value is $83,099 or more but is less than $100,000, the provision with its Alternate III applies.

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan—Certification.

This provision applies to all solicitations.

(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications. This provision applies to all solicitations.

(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

__ (i) 52.204-17, Ownership or Control of Offeror.

__ (ii) 52.204-20, Predecessor of Offeror.

__ (iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

__ (iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Certification.

__ (v) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Certification.

__ (vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA- Designated Products (Alternate I only).

__ (vii) 52.227-6, Royalty Information.

__ (A) Basic.

__ (B) Alternate I.

__ (viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The Offeror has completed the annual representations and certifications electronically in SAM accessed through https://www.sam.gov. After reviewing the SAM information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

(End of provision)

FAR 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 or 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) Representation. The Offeror represents that—

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

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—

It does, does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

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

(i) For covered equipment—

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

(B) A description of all covered telecommunications equipment offered (include brand;

model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

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

(ii) For covered services—

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

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

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

(i) For covered equipment—

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

(B) A description of all covered telecommunications equipment offered (include brand;

model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

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

(ii) For covered services—

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

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

(End of provision)

FAR 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Deviation 20-05) (DEC 2020)

(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 ofDefense, 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 ofDefense, 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.

(c) 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)

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Deviation 20-05) (DEC 2020)

(a) Definitions. As used in this clause

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

"Covered foreign country" means The People's Republic of China.

"Covered telecommunications equipment or services" means

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

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

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

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

"Critical technology" means

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

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

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

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

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

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

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

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of2018 (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)(l)(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)(l)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4 .2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

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

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

(2) Telecommunications equipment that cannot route or…