70RTAC23Q00000042 -Consolidated RFQ.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

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

OFFEROR

DHS/OPO/ITAC

245 Murray Lane, SW, #0115 Information Tech. Acquisition Div.

Office of Procurement Operations U.S. Dept. of Homeland Security

DHS CODE 16. ADMINISTERED BYCODE

X

X

519290

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED OR70RTAC

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

04/07/2023 1200 ET

03/23/2023

202-819-2560Katie McDermott (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

70RTAC23Q00000042

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 3 RUIO-23-ED041OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

Washington DC 20528-0115

TELEPHONE NO.

17a. CONTRACTOR/

Washington DC 20528-0115 301 7th Street, SW, RM 3051 Mailstop 0115 Office of Procurement Operations Department of Homeland Security

15. DELIVER TO

Washington DC 20528 245 Murray Lane SW, Mailstop 0115 Information Technology Acquisition Center Office of Procurement Operations U.S. Dept. of Homeland Security

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

1,000

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

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

INFO TECH ACQ CENTER(70RTAC)

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

This Request for Quotation (RFQ) is being issued in accordance with the Federal Acquisition Regulation (FAR) 13.501(a) to procure American National Standards Institute (ANSI) licenses for the Department of Homeland Security (DHS), Office of the Chief Information Officer (OCIO). The resulting requirement will be Firm Fixed Price.

The Period of Performance will be for a base year plus two option years. The period of performance is as follows:

Period of Performance:

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

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

Andrea K. Walker

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

April 20, 2023 – April 19, 2024

April 20, 2024 – April 19, 2025

April 20, 2025 – April 19, 2026

Attachments:

Attachment 1 – Statement of Work

Attachment 2 – Sole Source Justification (SSJ)

To be acceptable, the vendor must provide a quote that meets the requirements of this solicitation.

The quote submitted shall provide the following:

1. Provide quote in accordance with the statement of work (SOW).

2. In regard to item descriptions, quantities, unit price, and extended pricing, the Quoter shall provide an itemized breakdown of the subscription price.

3. Unique Entity Id number, and TIN information.

4. DHS encourages additional discounts to be provided from vendor’s contract. Please include the percentage of discount offered.

5. The quoter shall be actively registered in SAM to receive an order.

6. Signed copy of the SF1449.

The response to this RFQ is due by April 7,2023, no later than 12:00 PM ET. The questions to this

RFQ shall be submitted by March 24, 2023, no later than 12:00 PM ET.

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

3 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 3

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

70RTAC23Q00000042

All questions and final quotes shall be emailed by the due dates to Contracting Officer

Andrea.Walker@hq.dhs.gov, and the Contract

Specialist, Katie.McDermott@hq.dhs.gov. When responding, please include the project title and

RFQ number in the subject line of your email.

DHS would like to thank you for your interest in this requirement and for your consideration of submitting a response to the RFQ.

Delivery: 1 Days After Award

Period of Performance: 04/20/2023 to 04/19/2024

0001 (Base Period) 12-month subscription to DHS 1 EA adopted ANSI

1001 (Option Period 1) 12-month subscription to DHS 1 EA adopted ANSI

2001 (Option Period 2) 12-month subscription to DHS 1 EA adopted ANSI

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

DEPARTMENT OF HOMELAND SECURITY (DHS)

STATEMENT OF WORK (SOW)

FOR

2023 American National Standards Institute (ANSI) Subscription Services March 22, 2023

1.0 GENERAL

1.1 Background

The U.S. Department of Homeland Security (DHS) is committed to using all available resources in its quest to make America safer. DHS must meet standards referenced within the Code of Federal Regulations Title 40 – Protection of Environment. DHS needs access to the American National Standards Institute (ANSI) for consensus standards for products, services, processes, systems, and personnel.

1.2 Scope

The subscription shall provide DHS with access to an online ANSI standards collection service.

1.3 OBJECTIVE

The Department of Homeland Security, OCIO’s objective is to support the DHS mission by providing access to data that is required to protect life and property. The standards are used by researchers, scientists, and analysts across DHS to ensure conformity of the goods, services, and products that DHS either procures, obtains, or creates.

1.4 Applicable Documents

1.4.1 Compliance Documents

The following documents provide specifications, standards, or guidelines that must be complied with to meet the requirements of this contract:

• DHS ANSI Content List dated 20230201

2.0 SPECIFIC TASKS

2.1 TASK ONE – STANDARDS

The quoter shall provide access to the standards identified in SOW section 1.4.1, Compliance Documents.

2.2 TASK TWO – LOCATIONS

The quoter shall provide access to the subscriptions for DHS in the following locations

• Washington, DC

• New York, NY

• Baltimore, MD

• Elizabeth City, NC

• Norfolk, VA

• Alameda, CA

• Lockport, LA

2.3 TASK THREE – ACCOUNTS

• The quoter shall allow for up to (5) five concurrent users.

• Access to the subscriptions shall be through IP authentication and shall not require a username or password in order to access.

3.0 GENERAL REPORT REQUIREMENTS

The Contractor shall provide usage reports when requested by the COR or CO or make the reporting capability available for COR to obtain though a website. The Contractor shall provide all written reports in electronic format with read/write capability using applications that are compatible with DHS workstations (Microsoft Windows and Microsoft Office Applications).

3.1 PROTECTION OF INFORMATION

Contractor access to information protected under the Privacy Act is required under this SOW.

Contractor employees shall safeguard this information against unauthorized disclosure or dissemination in accordance with the law and Government policy and regulation.

3.2 SECTION 508 COMPLIANCE

Section 508 of the Rehabilitation Act (classified to 29 U.S.C. § 794d) requires that when Federal agencies develop, procure, maintain, or use information and communications technology (ICT), it shall be accessible to people with disabilities. Federal employees and members of the public with disabilities must be afforded access to and use of information and data comparable to that of Federal employees and members of the public without disabilities.

All products, platforms and services delivered as part of this work statement that, by definition, are deemed ICT shall conform to the revised regulatory implementation of Section 508 Standards, which are located at 36 C.F.R. § 1194.1 & Appendixes A, C & D, and available at https://www.ecfr.gov/cgi-bin/text-idx?SID=e1c6735e25593339a9db63534259d8ec&mc=true&node=pt36.3.1194&rgn=div5.

In the revised regulation, ICT replaced the term electronic and information technology (EIT) used in the original 508 standards. ICT includes IT and other equipment.

Exceptions for this work statement have been determined by DHS and only the exceptions described herein may be applied. Any request for additional exceptions shall be sent to the Contracting Officer https://uscode.house.gov/view.xhtml?req=(title:29%20section:794d%20edition:prelim)%20OR%20(granuleid:USC-prelim-title29-section794d)&f=treesort&edition=prelim&num=0&jumpTo=true https://www.ecfr.gov/cgi-bin/text-idx?SID=e1c6735e25593339a9db63534259d8ec&mc=true&node=pt36.3.1194&rgn=div5 https://www.ecfr.gov/cgi-bin/text-idx?SID=e1c6735e25593339a9db63534259d8ec&mc=true&node=pt36.3.1194&rgn=div5 and a determination will be made according to DHS Directive 139-05, Office of Accessible Systems and Technology, dated November 12, 2018 and DHS Instruction 139-05-001, Managing the Accessible Systems and Technology Program, dated November 20, 2018, or any successor publication.

3.3.1 Section 508 Requirements for Technology Products

Section 508 applicability to Information and Communications Technology (ICT): American National Standards Institute Subscription (ANSI)

Applicable Exception: N/A Authorization #: N/A

Applicable Functional Performance Criteria: Does not apply

Applicable 508 requirements for electronic content features and components (including but not limited to Electronic documents; Electronic reports): Does not apply

Applicable 508 requirements for software features and components: Does not apply

Applicable 508 requirements for hardware features and components: Does not apply

Applicable 508 requirements for support services and documentation: All requirements in Chapter 6 apply

3.3.2 Section 508 Deliverables

1. Section 508 Accessibility Conformance Reports: For each ICT item offered through this contract (including commercially available products, and solutions consisting of ICT that are developed or modified pursuant to this contract), the Offeror shall provide an Accessibility Conformance Report (ACR) to document conformance claims against the applicable Section 508 standards. The ACR shall be based on the Voluntary Product Accessibility Template Version 2.0 508 (or successor versions). The template can be found at https://www.itic.org/policy/accessibility/vpat. Each ACR shall be completed by following all of the instructions provided in the template, including an explanation of the validation method used as a basis for the conformance claims in the report.

4.0 OTHER APPLICABLE CONDITIONS

None

4.1 GOVERNMENT ACRONYM

4.1.1 COR – Contracting Officer’s Representative

4..1.2 CO – Contracting Officer

4.1.3 DHS − Department of Homeland Security

https://www.itic.org/policy/accessibility/vpat

4.2 Period of Performance

The period of performance for this contract is a one (1) base period with two(2)- 12 month option periods as follows:

• The Base Period: April 20th, 2023, to April 19th, 2024

• Option Period 1: April 20th, 2024, to April 19th, 2025

• Option Period 2: April 20th, 2025, to April 19th, 2026

5.0 GOVERNMENT FURNISHED RESOURCES

The Government will not furnish any resources to the Contractor in support of this contract.

6.0 CONTRACTOR FURNISHED PROPERTY

The Contractor shall furnish all facilities, materials, equipment and services necessary to fulfill the requirements of this contract, except for the Government Furnished Resources

7.0 GOVERNMENT ACCEPTANCE PERIOD

The COR will review deliverables prior to acceptance and provide the contractor with an e-mail that provides documented reasons for non-acceptance. If the deliverable is acceptable, the COR will send an e-mail to the Contractor notifying it that the deliverable has been accepted.

7.1 The COR will have the right to reject or require correction of any deficiencies found in the deliverables that are contrary to the information contained in the Contractor’s accepted proposal. In the event of a rejected deliverable, the Contractor will be notified in writing by the COR of the specific reasons for rejection. The Contractor may have an opportunity to correct the rejected deliverable and return it per delivery instructions.

8.0 DELIVERABLE TABLE

Item Number

SOW

Reference

Deliverable/ Event Due Date Distribution

1 2.1, 2.2, 2.3

Access to standards through website

Within 5 days of award

COR

9.0 POINTS OF CONTACTS

Contracting Officer Representative (COR) Name: TBD Telephone:

E-mail:

Contracting Officer (CO) Name: Andrea Walker Telephone: 202-964-5144 E-mail: Andrea.Walker@hq.dhs.gov

Contract Specialist (CS) Name: Katie McDermott Telephone: 202-964-6484 E-mail: Katie.McDermott@hq.dhs.gov

10.0 INVOICING INSTRUCTION

The contractor shall submit a proper invoice for the services performed and completed on in accordance with FAR 52.232-25 “Prompt Payment” and FAR 52.232-1 “Payments.” Payment will be based on receipt of a proper invoice, and satisfactory contract performance (this includes submission and acceptance of all required deliverables for that month). All invoices shall be submitted by the Contractor in electronic format via email. No other form of invoice submission will be accepted. Invoices shall be electronically submitted to the following addresses:

To: InvoiceMGT.Consolidation@ice.dhs.gov Cc: [CORTBD] Cc: [CO]TBD

The subject line of the electronic mail message shall contain the following information: Contractor Name, Contract/Task Order Number, Contractor’s Invoice Number; as well as Month and Year of Invoice Billing.

11.0 FAR CLAUSES INCORPORATED IN FULL TEXT

Clauses incorporated by full text:

11.1 FAR CLAUSES INCORPORATED IN FULL TEXT

(a) 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (OCT 2020)

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

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

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

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

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115–232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 prohibition shall be construed to—

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

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

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

(d) Representations. The Offeror represents that—

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

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

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

(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision.

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

(i) For covered equipment—

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

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

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

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

(ii) For covered services—

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

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

(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)

11.2 52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT (DEVIATION 20-05) (AUG 2020)

(a) Definitions. As used in this clause—

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

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

“Covered telecommunications equipment or services” means–

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

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

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

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

“Critical technology” means–

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

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

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

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

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

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

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

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

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

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

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

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

(b) Prohibition.

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

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

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

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

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

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause in writing via email to the Contracting Officer, Contracting Officer’s Representative, and the Enterprise Security Operations Center (SOC) at NDAA_Incidents@hq.dhs.gov, with required information in the body of the email. In the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Enterprise SOC, Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) and Contracting Officer’s Representative(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

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

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

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

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

(End of clause)

11.3 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".

(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)

11.4 52.217-9 Option to Extend the Term of the Contract (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 7 days: provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 24 months.

(End of clause)

Sole Source Justification (SSJ)

Date: 3/8/2023

Pursuant to the requirements at 41 U.S.C. 1901 or the authority of 41 U.S.C. 1903 Special emergency authority as implemented by Federal Acquisition Regulation (FAR) subpart 13.5 and consistent with the content requirements of FAR 6.303-2.

1. Agency and Contracting Activity.

The Department of Homeland Security (DHS), Office of Procurement Operations (OPO), Information Technology Acquisition Center (ITAC), prepared this Sole Source Justification (SSJ) on behalf of the Office of the Chief Information Officer, (OCIO), Solutions Development Directorate (SDD), Research Library and Information Services (RLIS).

2. Nature and/or description of the action being approved.

DHS/OPO/ITAC intends to award a sole source contract to the American National Standards Institute (ANSI), 25 West 43rd Street, New York, NY 10036 without seeking competition to obtain access to commercial industry technical standards from U.S. standards organizations that are referenced within the Code of Federal Regulations Title 40 - Protection of Environment.This action is being taken pursuant to FAR subpart 13.5. ANSI is the developer of the ANSI Collection content, and is the sole provider of said service.

3. Descirption of Supples/Services

This requirement is for a subscription to ANSI licenses to obtain access to commercial industry technical standards from U.S. standards organizations that are referenced within the Code of Federal Regulations Title 40 - Protection of Environment. The industry standards in the ANSI Collection are required to ensure compliance with DHS-approved standards as well as providing specifications for design, manufacturing and repair. The subscription provides immediate access to standards that are required and otherwise difficult to find.

http://uscode.house.gov/ http://uscode.house.gov/

4. Identification of the authority.

This action is being taken in accordance with 41 U.S.C. 1901 or the authority of 41 U.S.C 1903, as implemented by FAR subpart 13.5 Simplified Procedures for Certain Commercial Products and Commercial Services. Only one responsible source can satisfy Agency needs.

5. Demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

ANSI is a private, nonprofit membership organization supported by a diverse constituency of private and public section organizations. All standards developing organizations own the copyright and/or have the exploitation rights to documents they publish and/or license to ANSI.

ANSI is the official U.S. representative to the International Organization for Standardization (ISO), and via the U.S. National Committee, the International Electrotechnical Commission (IEC). DHS must meet industry technical standards and other standards that are referenced within the Code of Federal Regulations Title 40 - Protection of Environment and Code of Federal Regulations Title I Part 51 - Incorporation by Reference. DHS considers the use of standards in all rulemakings, incorporates regulation standards whenever required, and continuously reviews regulations to update outdated, obsolete, or unnecessary standards.

ANSI offers unique and highly specialized content in providing the commercial industry standards and exclusive licensing agreement. This agreement is for proprietary content and ANSI is the only provider of the ANSI Collection content. ANSI standards are recognized as essential requirements to support the mission functions of DHS, including information security, safety, and mechanics.

6. Description of efforts made to ensure that offers are solicited from as many potential sources as is practicable

The Research Library & Information Services (RLIS) program office performs on-going market research such as reviewing Government and Commercial databases, reviewing professional journals and attending conferences to remove or overcome any barriers that led to the sole source requirement before any subsequent acquisition for the supplies or services is made. DHS intends to post this requirement on BetaSam pursuant to FAR 5.301 and FAR 6.305(a).

7. Determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

8. Description of market research

Market research was conducted in accordance with FAR Part 10. Market research showed that ANSI is the only provider of the unique and highly specialized content found in the ANSI Collection. ANSI standards are recognized as essential requirements to support the mission functions of DHS, including information security, safety, and mechanics. There are no other vendors capable of providing this information.

9. Any other facts supporting the justification.

None.

10. A listing of the sources, if any that expressed, in writing, an interest in the acquisition.

ANSI is the only provider of this unique and highly specialized content.

11. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for supplies or services required. (Include a statement of actions taken or will be taken to increase competition for future acquisitions of the same item/service).

Commercial services are reviewed each year. The RLIS requests feedback from the users to determine that the services are still meeting mission requirements. Stakeholder feedback is used for subsequent future acquisitions. A sole source synopsis will be issued in BetaSam requesting that parties express their interest in writing to the contracting officer. At this time, ANSI is the sole provider of their subscription. If it changes in the future, then competition will be pursued for this requirement.

12. DHS intends to post the requirement pursuant to FAR 13.501(a)(1)(iii) and 6.305(a)

13. Technical/Requirements Personnel Certification. I certify this requirement meets the Government’s minimum need and that the supporting data, which forms a basis for this justification, is complete and accurate.

Technical Representative/COR

14. Contracting Officer Certification and Approval

SSJ _ANSI_FINAL -REDACTED