Amendment 0001_RFP 70RTAC22R00000010.pdf

Amendment 0001 Request for Proposal for 70RTAC22R00000010

Hack DHS: Crowdsourced Vulnerability Assessment Services (CVAS)

FEDERAL ACQUISITION REGULATION (FAR) Subpart 12.6

COMBINED SYNOPSIS/SOLICITATION NOTICE

In accordance with Federal Acquisition Regulation (FAR) subpart 12.603, Streamlined

Solicitation for Commercial Items, Combined Synopsis/Solicitation Procedures, shall be utilized in support of the subject solicitation. As such the following synopsis information as required by

FAR subpart 5.207 Preparation and Transmittal of Synopses is hereby provided to include detail required by aforementioned FAR subpart 12.603.

(1) Action Code: Not applicable

(2) Date: June 9

(3) Year: 2022

(4) Contracting Office ZIP Code: 20528-0115

(5) Product or Service Code: DJ01

(6) Contracting Office Address: Department of Homeland Security (DHS)

Office of Procurement Operations (OPO)

245 Murray Lane, SW, Mailstop 0115

Washington DC 20528-0115

(7) Subject: Hack DHS: Crowdsourced Vulnerability

Assessment Services (CVAS)

(8) Proposed Solicitation Number: 70RTAC22R00000010

(9) Closing Response Date: Phase 1: June 27, 2022 at 12pm ET

Phase 2: July 14, 2022 at 12pm ET

(10) Contact Point or Contracting Officer: Sohl Han, Contracting Officer

Sohl.Han@hq.dhs.gov

LaKeisha Johnson, Contract Specialist

LaKeisha.Johnson@hq.dhs.gov

(11) Contract Award and Solicitation Number: Solicitation No.: 70RTAC22R00000010

Contract Award No.: TBD

(12) Contract Award Dollar Amount: See Solicitation Section B.2 mailto:Sohl.Han@hq.dhs.gov mailto:LaKeisha.Johnson@hq.dhs.gov

(13) Line Item Number: See Standard Form (SF)1449 and

Solicitation Section B.4

(14) Contract Award Date: TBD

(15) Contractor: TBD

(16) Description: This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR 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 is hereby issued as a part of this notice.

Solicitation is issued as a Request for

Proposal (RFP) where provisions 52.212-1, 52.212.2, 52.212-3, 52.212-4 and 52.212-5 apply.

(17) Place of Contract Performance: See Solicitation Section F.2.

(18) Set-aside Status: See Solicitation Section B.6 and B.7.

Request for Proposal (RFP)

No. 70RTAC22R00000010 for

U.S. Department of Homeland Security (DHS)

Indefinite-Delivery Indefinite-Quantity (IDIQ) Contract

Office of Procurement Operations

A. SOLICITATION/CONTRACT FORM

See Standard Form (SF) 1449.

(End of Section A)

B. SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 General Description

The contractor shall provide the services as described in Section C.

B.2 Contract Minimums/ Maximums

(a) Minimum: The Government intends to award multiple-award Indefinite Delivery

Indefinite Quantity (IDIQ) contracts. The Government’s minimum guaranteed award amount for this IDIQ contract is $2,500 for only the base period of performance of this contract. Either an option exercise under FAR clause 52.217-9 or an extension under

FAR clause 52.217-8 does not re-establish the contract minimum.

(b) Maximum: The cumulative dollar ceiling value of this multiple-award IDIQ contract is

$43,164,335.96

(c) The government has no obligation to issue orders to the contractor beyond that necessary to satisfy the minimum guarantee.

(d) With the exception of the $2,500 minimum guarantee, no funds will be obligated on the

IDIQ contract. Rather, each individual task order placed against this IDIQ contract will obligate funds. At the time of IDIQ contract award, DHS will obligate $2,500 under each

IDIQ contract to cover the minimum guarantee. Immediately after the first order is issued to a contractor against the contract, the $2,500 will be de-obligated by contract modification and the guaranteed minimum satisfied via funding under the first order. This

IDIQ contract does not obligate any additional funds.

B.3 Contract Type

Task Orders will be issued on a fixed-unit-price and/or firm-fixed-price basis.

B.4 Schedule of Services

Base Period

CLIN

Number

Description Quantity Price

0001 Bounty Payouts (Fixed-Unit-Price or Firm-

Fixed-Price)

Note: At the task order level, the Government will provide the total bounty payout amount for the task order.

1 Lot $5,691,140.00

(This is a not-to-exceed amount of all bounty payouts under all task orders for this ordering period)

0002 Administrative Services – Public Asset

(Firm-Fixed-Price)

0002AA Fixed-Duration (Time-Boxed) Bounty

Challenge

1 Lot __________% of

Bounty Payouts

0002AB Continuous Bounty Challenge 1 Lot __________% of

Bounty Payouts

0002AC Live Events 1 Lot __________% of

Bounty Payouts

0003 Administrative Services – Private Asset

0003AA Fixed-Duration (Time-Boxed) Bounty

1 Lot __________% of

Bounty Payouts

0003AB Continuous Bounty Challenge 1 Lot __________% of

Bounty Payouts

0003AC Live Events 1 Lot __________% of

Bounty Payouts

Option Period 1

CLIN

Number

Description Quantity Price

1001 Bounty Payouts (Fixed-Unit-Price or Firm-

1 Lot $5,861,874.20

(This is a not-to-exceed amount of all bounty payouts under all task orders for this ordering period)

1002 Administrative Services – Public Asset

1002AA Fixed-Duration (Time-Boxed) Bounty

1 Lot __________% of

Bounty Payouts

1002AB Continuous Bounty Challenge 1 Lot __________% of

Bounty Payouts

1002AC Live Events 1 Lot __________% of

Bounty Payouts

1003 Administrative Services – Private Asset

1003AA Fixed-Duration (Time-Boxed) Bounty

1 Lot __________% of

Bounty Payouts

1003AB Continuous Bounty Challenge 1 Lot __________% of

Bounty Payouts

1003AC Live Events 1 Lot __________% of

Bounty Payouts

Option Period 2

CLIN

Number

Description Quantity Price

2001 Bounty Payouts (Fixed-Unit-Price or Firm-

1 Lot $6,037,730.43 bounty payouts under all task orders for this ordering period)

2002 Administrative Services – Public Asset

2002AA Fixed-Duration (Time-Boxed) Bounty

1 Lot __________% of

Bounty Payouts

2002AB Continuous Bounty Challenge 1 Lot __________% of

Bounty Payouts

2002AC Live Events 1 Lot __________% of

Bounty Payouts

2003 Administrative Services – Private Asset

2003AA Fixed-Duration (Time-Boxed) Bounty

1 Lot __________% of

Bounty Payouts

2003AB Continuous Bounty Challenge 1 Lot __________% of

Bounty Payouts

2003AC Live Events 1 Lot __________% of

Bounty Payouts

Option Period 3

CLIN

Number

Description Quantity Price

3001 Bounty Payouts (Fixed-Unit-Price or Firm-

1 Lot $6,218,862.34 bounty payouts under all task orders for this ordering period)

3002 Administrative Services – Public Asset

3002AA Fixed-Duration (Time-Boxed) Bounty

1 Lot __________% of

Bounty Payouts

3002AB Continuous Bounty Challenge 1 Lot __________% of

Bounty Payouts

3002AC Live Events 1 Lot __________% of

Bounty Payouts

3003 Administrative Services – Private Asset

3003AA Fixed-Duration (Time-Boxed) Bounty

1 Lot __________% of

Bounty Payouts

3003AB Continuous Bounty Challenge 1 Lot __________% of

Bounty Payouts

3003AC Live Events 1 Lot __________% of

Bounty Payouts

Option Period 4

CLIN

Number

Description Quantity Price

4001 Bounty Payouts (Fixed-Unit-Price or Firm-

1 Lot $6,405,428.21 bounty payouts under all task orders for this ordering period)

4002 Administrative Services – Public Asset

4002AA Fixed-Duration (Time-Boxed) Bounty

1 Lot __________% of

Bounty Payouts

4002AB Continuous Bounty Challenge 1 Lot __________% of

Bounty Payouts

4002AC Live Events 1 Lot __________% of

Bounty Payouts

4003 Administrative Services – Private Asset

4003AA Fixed-Duration (Time-Boxed) Bounty

1 Lot __________% of

Bounty Payouts

4003AB Continuous Bounty Challenge 1 Lot __________% of

Bounty Payouts

4003AC Live Events 1 Lot __________% of

Bounty Payouts

B.5 Task Order Unique CLIN

Task Order Unique CLINs may be negotiated on a case-by-case basis. These additional CLINs shall be approved by the IDIQ contract Contracting Officer (CO) prior to the award of the Task

Order or Task Order modification. A recommendation by the Task Order CO shall be made to the IDIQ contract CO after proposal evaluations have been concluded. The Task Order CO will forward to the IDIQ contract CO the following: (1) a justification for the unique CLIN and how it is within scope of the services described in the PWS; (2) a complete CLIN description; and

(3) a rate price reasonableness analysis. The additional CLINs, once approved, shall apply to that specific Task Order only.

B.6 This is a multiple award IDIQ contract for Hack DHS: Crowdsourced Vulnerability

Assessment Services (CVAS). The Government anticipates establishing a minimum of three

(3) and maximum of four (4) IDIQ contracts with Offerors submitting an overall proposal that is determined to be most advantageous to the Government, price and non-price factors considered.

The Government reserves the right to increase or decrease the number of awards based on the results of the evaluation.

Competition will be promoted to the maximum extent practicable through full and open competition. The Government reserves the right, however, to reserve up to three (3) of the four

(4) IDIQ awards for small business concerns under FAR 52.219-31 Notice of Small Business

Reserve and FAR 52.219-32, Orders Issued Directly Under Small Business Reserves. If the

Government exercises this right, then the following guidelines will apply to establishing the small business reserve:

• The reserve may consist of one (1), two (2), or (3) small businesses. The source selection authority will establish the size of the reserve in his or her sole discretion. In exercising this discretion, the source selection authority may consider the best interests of the government to include the extent to which small business proposals received demonstrate the ability to satisfy the requirements of this RFP.

• If three (3) or fewer small businesses submit Phase 1 and 2 proposals in response to this

RFP, then the source selection authority, in his or her sole discretion, may directly award an IDIQ contract to one or more of these small businesses. In exercising this discretion, the source selection official may consider the best interest of the Government to include the extent to which the small business proposals received demonstrate the ability to satisfy the requirements of this RFP.

• If four (4) or more small businesses submit Phase 1 and 2 proposals in response to this

RFP, these proposals will compete for award of the small business reserve IDIQ contracts with award being made to the Offeror(s) who represent the best value to the

Government. The source selection authority, in his or her sole discretion, may decide to award less than three (3) small business reserve IDIQ awards. In exercising this discretion, the source selection authority may consider the best interests of the government to include the extent to which small business proposals received demonstrate the ability to satisfy the requirements of this RFP. Small businesses that do not receive a small business reserve IDIQ award will compete with other large businesses for the remaining IDIQ award(s).

B.7 Orders under this IDIQ contract may be set-aside for exclusive competitive participation by small business concerns at the discretion of the Task Order Contracting Officer. The Rule-of-Two* does not apply. Set-asides may be made only for small business concerns. When an order is set-aside for small business concerns, the contract clauses at FAR 52.219-6, Notice of

Total Small Business Set-Aside, and FAR 52.219-14, Limitations on Subcontracting (Deviation

OCT 2021), apply to the order. The Task Order Contracting Officer should incorporate these clauses into the order by reference.

*The rule of two refers to the set-aside determination made by a Contracting Officer which is based on the reasonable expectation that (1) offers can be obtained from at least two responsible small business concerns and (2) the award will be made at fair market prices.

(End of Section B)

C. DESCRIPTION/SPECIFICATION/PERFORMANCE WORK

STATEMENT

Contractor shall provide all CVAS requirements within the IDIQ contract’s Performance Work

Statement (PWS) and within the terms and conditions of this IDIQ contract and resultant Orders.

See Attachment J.2 for the IDIQ contract’s PWS. Each Order will incorporate its own, more detailed requirements document.

(End of Section C)

D. PACKAGING AND MARKING

Not applicable.

(End of Section D)

E. INSPECTION AND ACCEPTANCE

See FAR 52.212-4(a).

(End of Section E)

F. DELIVERIES OR PERFORMANCE

F.1 IDIQ Contract Period of Performance/Ordering Period

The ordering period of this IDIQ contract, which will also be referred to as the Ordering Period, will be 12 months from the date of IDIQ contract award with four (4) 12-month option periods.

Orders may be issued at any time during the IDIQ contract period of performance and may extend for a period of 12 months after the expiration of the IDIQ contract. The period of performance of each order will be specified at the order level.

F.2 Place of Performance

The place of performance shall be set forth in the individual orders.

F.3 Deliverables

(a) Contract deliverables are listed and described in PWS (Attachment J.2) Section 9.0.

(b) In addition to the deliverables required by the contract, additional applicable deliverables may be required, where their specific format and delivery schedule will be specified in the individual task order issued under the resultant IDIQ contract.

F.4 Hours of Operations

The individual orders shall specify hours of operations.

(End of Section F)

G. CONTRACTING AND ADMINISTRATION AUTHORITY

G.1 Contracting and Administration Authority

The following subsections describe the roles and responsibility of individuals who will be the primary points of contact for the Government on matters regarding contract administration as well as other administrative information. The Government reserves the right to unilaterally change any of these individual assignments at any time.

G.1.1 IDIQ Contracting Officer (CO)

The IDIQ CO has the overall responsibility for administration of the Hack DHS CVAS IDIQ contract. The IDIQ CO, without right of delegation, is the only authorized individual to take actions on behalf of the Government to amend, modify, or deviate from the contract terms, conditions, requirements, specifications, details and/or delivery schedules. The IDIQ CO is:

Name: To be Completed at Time of Award

Email: To be Completed at Time of Award

Telephone: To be Completed at Time of Award

G.1.2 IDIQ Contract Specialist (CS)

G.1.3 IDIQ Contracting Officer’s Representative (COR)

The IDIQ COR is responsible for the receipt and acceptance of the IDIQ-level deliverables and reports and past performance reporting for the IDIQ contract. The IDIQ COR will be:

G.1.4 Order Level Contracting Officer (CO)

All warranted DHS COs are considered Order Level COs. Task Order COs may negotiate additional terms and conditions to Task Orders at their discretion, but they do not have the authority to change or include terms and conditions that conflict with those established at the

IDIQ level.

G.1.5 Order Level Contracting Officer’s Representative (COR)

Task Order COs may designate individual Task Order Level COR that will be responsible for the day-to-day coordination of that Task Order. The COR for each Task Order will be appointed by the Task Order CO through a written designation.

G.2 Ordering Procedures

(1) The Government will order any services to be furnished under this IDIQ contract by issuing Task Orders from the effective date of the IDIQ contract through the expiration date of the IDIQ contract.

(2) Warranted COs within DHS may directly place orders under the contract. Ordering offices will be responsible for the issuance, administration, payment, and closeout of their orders.

(3) The Task Order CO will provide a fair opportunity to each Contractor to be considered for all task orders exceeding the micro-purchase threshold, except as provided in FAR

Parts 16.505(b)(1)(i)(B) and 16.505(b)(2). Orders under this IDIQ contract may be set-aside for exclusive competitive participation by small business concerns at the discretion of the Task Order Contracting Officer in accordance with Section B.7.

(4) The Hack DHS: CVAS Ordering Guide will be available upon contract award and will provide additional guidance for ordering processing.

(End of Section G)

H. SPECIAL CONTRACT REQUIREMENT

H.1 Contractor Performance Assessment Reporting System (CPARS)

DHS collects vendor performance data in CPARS. CPARS is a web-enabled application that collects and manages the library of automated CPARS. CPARS is for UNCLASSIFIED use only. Classified information is not to be entered into this system. A CPAR assesses a contractor's performance and provides a record, both positive and negative, on a given contractor during a specific period of time. 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, construction/production management reviews, contractor operations reviews, functional performance evaluations, and earned contract incentives. The contractor shall participate in the

DHS CPARS program via the CPARS website at: https://www.cpars.gov.

H.2 Organizational Conflicts of Interest Notice

The contractor should be aware that they may be deemed ineligible to participate in task orders by reason of an organizational conflict of interest (OCI) (see FAR 9.5, Organizational and

Consultant Conflicts of Interest). The Contractor’s eligibility or ineligibility related to the existing or potential OCI to participate in task orders is determined by the task order level CO.

H.3 Termination

Notwithstanding any other provision relating to this IDIQ contract, DHS may terminate the IDIQ contract at any time in accordance with FAR 52.212-4 (l) or (m). Any disputes will be handled in accordance with, FAR 52.212-4 (d).

H.4 Invoicing

See FAR 52.212-4(g).

(End of Section H) https://www.cpars.gov/

I. CONTRACT CLAUSES

I.1 Solicitation Provisions

FAR 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

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

The following solicitation provisions are incorporated by reference:

PROVISION TITLE DATE

52.212-1 Instructions to Offerors – Commercial Items Nov 2021

52.212-3

Offeror Representations and Certifications—Commercial

Products and Commercial Services. Nov 2021

52.214-34 Submission of Offers in the English Language Apr 1991

52.214-35 Submission of Offers in U.S. Currency Apr 1991

52.216-27 Single or Multiple Awards Oct 1995

52.219-31 Notice of Small Business Reserve Mar 2020

52.225-25

Prohibition on Contracting With Entities Engaging in Certain

Activities or Transactions Relating to Iran—Representation and Certifications Jun 2020

This solicitation incorporates the following provisions in full text:

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

(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 52.204-26 Covered Telecommunications Equipment or Services-Representation

(Oct 2020)

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

Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for

Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

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

(c) (1) Representation. The Offeror represents that it □ does, □ does not provide covered telecommunications equipment or services as a part of its offered products or services to the

Government in the performance of any contract, subcontract, or other contractual instrument.

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

(End of provision)

I.2 Clauses

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

This solicitation incorporates the following clauses by reference with the same force and effect as if they were given in full text. Upon request, the CO will make their full text available. Also, the full text can be accessed electronically at the following internet address:

http://www.acquisition.gov/far.

CLAUSE TITLE DATE

52.202-1 Definitions Jun 2020

52.204-2 Security Requirements Mar 2021

52.204-19

Incorporation by Reference of Representations and

Certifications Dec 2014

52.209-10 Prohibition on Contracting with Inverted Domestic

Corporations

Nov 2015

52.227-16 Additional Data Requirements June 1987

52.212-4

Contract Terms and Conditions – Commercial Products and

Commercial Services Nov 2021

52.227-14 Rights in Data - General May 2014

52.232-40

Providing Accelerated Payments to Small Business

Subcontractors Nov 2021

52.233-3 Protest After Award Aug 1996

52.233-4 Applicable Law for Breach of Contract Claim Oct 2004

This solicitation incorporates the following clauses in full text:

FAR 52.203 -17 Contractor Employee Whistleblower Rights and Requirement to

Inform Employees of Whistleblowers Rights (Jun 2020)

(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the pilot program on Contractor employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for

Fiscal Year 2013 (Pub. L. 112-239) and Federal Acquisition Regulation (FAR) 3.908.

http://www.acquisition.gov/far

(b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712, as described in section FAR 3.908.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold, as defined in FAR 2.101 on the date of subcontract award.

(End of clause)

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)

(a) Definitions. As used in this clause-

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

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

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

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

"Covered entity" means-

(1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab;

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

Kaspersky Lab; or

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

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

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

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

1, 2018; and

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

(c) Reporting requirement.

(1) In the event the Contractor identifies covered article provided to the

Government during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report, in writing, via email, to the Contracting Officer, Contracting Officer ' s Representative , and the

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

Officer(s) and Contracting Officer's Representative(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibne t.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)(1) 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.

FAR 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 of 2018 (50 U.S.C. 4817).

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

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

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

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

(b) Prohibition.

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

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

The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph

(c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

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

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

(c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

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

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

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

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the

Contractor shall report the information in paragraph (d)(2) of this clause in writing via email to the Contracting Officer, Contracting Officer’s Representative, and the

Network Operations Security Center (NOSC) at NDAA_Incidents@hq.dhs.gov, with required information in the body of the email. In the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the NOSC, Contracting

Officer for the indefinite delivery contract and the Contracting Officer(s) and

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

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

(2) The Contractor shall report the following information pursuant to paragraph

(d)(1) of this clause

(i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable;

supplier name; supplier unique entity identifier (if known); supplier

Commercial and Government Entity (CAGE) code (if known); brand;

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

(ii) Within 10 business days of submitting the information in paragraph

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

mailto:NDAA_Incidents@hq.dhs.gov https://dibnet.dod.mil/ https://dibnet.dod.mil/

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

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or

Executive Orders – Commercial Products and Commercial services (May 2022)

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

Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further

Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services

Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

2015).

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

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

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

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

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

[Contracting Officer check as appropriate.]

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 2402).

_X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) ( 41

U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and

Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract

Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

_X_ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery

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

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) ( 31 U.S.C. 6101 note).

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

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

__ (10) [Reserved].

__ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Sep 2021) ( 15

U.S.C. 657a).

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

Concerns (Sep 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer)

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

__ (13) [Reserved]

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

644).

__ (ii) Alternate I (Mar 2020) of 52.219-6.

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

644).

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

_X_ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) ( 15 U.S.C.

637(d)(2) and (3)).

_ _ (17) (i) 52.219-9, Small Business Subcontracting Plan (Nov 2021) ( 15 U.S.C.

637(d)(4)).

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

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

__ (iv) Alternate III (Jun 2020) of 52.219-9.

__ (v) Alternate IV (Sep 2021) of 52.219-9.

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

__ (ii) Alternate I (Mar 2020) of 52.219-13.

__ (19) 52.219-14, Limitations on Subcontracting (Sep 2021) ( 15 U.S.C. 637s).

__ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) ( 15 U.S.C.

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

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

(Sep 2021) ( 15 U.S.C. 657f).

_X_ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Sep 2021)

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

__ (ii) Alternate I (Mar 2020) of 52.219-28.

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

Disadvantaged Women-Owned Small Business Concerns (Sep 2021) ( 15 U.S.C. 637(m)).

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

Small Business Concerns Eligible Under the Women-Owned Small Business Program (Sep

2021) ( 15 U.S.C. 637(m)).

_X_ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (

15 U.S.C. 644(r)).

__ (26) 52.219-33, Nonmanufacturer Rule (Sep 2021) ( 15U.S.C. 637(a)(17)).

_X_ (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

_X_ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2022)

(E.O.13126).

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

_X_ (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

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

_X_ (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212).

__ (ii) Alternate I (Jul 2014) of 52.222-35.

_X_ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29

U.S.C. 793).

__ (ii) Alternate I (Jul 2014) of 52.222-36.

_X_ (33) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212).

_X_ (34) 52.222-40, Notification of Employee Rights Under the National Labor

Relations Act (Dec 2010) (E.O. 13496).

_X_ (35) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) ( 22 U.S.C. chapter

78 and E.O. 13627).

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

__ (36) 52.222-54, Employment Eligibility Verification (May 2022) (Executive Order

12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR

22.1803.)

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

Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

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

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

__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

__ (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014)

(E.O.s 13423 and 13514).

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

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

13423 and 13514).

__ (ii) Alternate I (Jun2014) of 52.223-14.

__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) ( 42

U.S.C. 8259b).

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

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

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

_X_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While

Driving (Jun 2020) (E.O. 13513).

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

__ (46) 52.223-21, Foams (Jun2016) (E.O. 13693).

_X_…