70US0922Q70092104_1449_SOW_Clauses.pdf

STATEMENT OF WORK (SOW)

SAN DIEGO FIELD OFFICE ACCESS CONTROL SYSTEM (ACS) INSTALLATION

PART 1

GENERAL INFORMATION

1. INTRODUCTION:

The United States Secret Service (USSS), Technical Security Division (TSD) provides full life-cycle support for and decommissioning of physical security systems at USSS facilities. This is a non-personal services requirement for physical security system expert support for the U.S. Secret Service San Diego Field Office (SDO FO). The Government will not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the contractor who, in turn is responsible to the Government.

1.1 Background: The current ACS at the SDO FO is outdated and requires upgrade to ensure the safety of the USSS personnel performing work in the offices.

1.2 Objectives: The objective of this requirement to have an updated ACS resulting in less downtime related to system issues.

1.3 Scope: The contractor shall provide a fully operational access control system. The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform the below-listed services as defined in this Performance Work Statement (PWS), except for those items specified as Government Furnished Equipment (GFE) and services. Contractor shall also provide full technical support for corrective maintenance of these systems over a one (1) year warranty period. Any changes or deviations to this requirement must be submitted to the Technical Security Representative (TSR) and approved in writing by the Contracting Officer (CO).

• Installation of turnkey, access control system (ACS) of the USSS controlled space located at 550 West C Street, Suite 600, San Diego, CA 92101

• Provide parts and equipment associated with an ACS;

• Provide data connectivity as required, to support any of the systems and measures;

• Provide preventative and corrective maintenance to support security measures, to include telephonic support to government employees as requested during the warranty period;

• All components shall be installed as specified in this document;

• The contractor shall test all installed equipment, wiring, hardware, and other equipment as specified to ensure complete functionality before submitting to the TSR for acceptance;

• The contractor must coordinate delivery of supplies and services with the Government and other contractor (if any) that will be working on-site concurrent to completion of any effort;

• Official direction should only be accepted from the Government TSR. The contractor shall be responsible for notifying the Government CO and the TSR if any direction results in any change in price, scope, or period of performance to this effort. No additional cost or change in the period of performance will be authorized without written approval by the CO;

• Due to the varied nature of the work and the requirements for technical subject matter experts, it is expected that the contractor may subcontract some of the tasks required by this initiative.

• Upon request, the contractor will be provided with access to applicable design plans and facility visit prior to submitting an estimate for the work required. The contractor will be always escorted by Government personnel during any site visit;

• The contractor will be required to begin work immediately upon receiving a Notice to Proceed;

• The contractor must adhere to warranty related service call considerations and requirements as defined in 1.2.13 and 1.2.14;

• Various deliverables will be necessary throughout this performance work statement and as defined in 1.2.4 and Part 4;

• The contractor will be responsible for daily broom-clean restoration of all work areas for the duration of the project. Upon conclusion of the project, the contractor shall ensure off-site disposal of trash and cleanup of dirt and unused materials accumulated during the project. Any deviation must be prearranged with the TSR and approved by the CO;

• Contractor personnel shall be responsible for any damage caused by the contractor and repair to the premises during installation;

• The contractor shall provide insurance and indemnity certificates as required by the host facility;

• The contractor shall be required to obtain all permits or other regulatory permission associated with any project. All work will be performed in accordance with applicable Federal, State and Local laws and regulations, codes, and requirements.

The contractor should include expected lead times for permit issuance in the proposals. Any deviation or waiver from this must be provided in writing to the TSR and CO. It is the responsibility of the Contractor to determine whether permitting is required;

• All contractor-provided materials and equipment shall be new and installed in accordance with all applicable governing laws, regulations, codes, and specifications (e.g., NEC, UL, etc.);

• All consumables, equipment, and tools required for this project shall be provided by the contractor, unless otherwise specified in this document;

• All drawings, diagrams, technical guides, and warranty paperwork shall become the property of the U.S. Government upon contract acceptance;

• All contractor personnel shall wear professional apparel commensurate with their role on the project. Contractor personnel shall not report with inappropriate or offensive clothing. The Government reserves the right to refuse admittance to site for inappropriate clothing. The Government reserves the right to verify identification against approved access list;

• The contractor shall be manufacturer-certified for the installation of electronic security systems hardware detailed in this document; or subcontract the work to an experienced contractor who is factory certified in the installation and configuration of the system. If no factory certification program exists for the installed system, contractor shall indicate in the work proposal experience in the major systems installed. Manufacturer certified personnel shall be physically on site for the installation, programming, integration and troubleshooting of their respective systems; and

• The contractor shall demonstrate the operation and features of all installed systems in the presence of the TSR upon completion of systems installation and any contractor-directed quality control processes.

1.2. Specific Tasks:

1.2.1. Basic Services. The contractor shall provide services listed below for the installation of the San Diego FO ACS installation:

1.2.1.1. Site Evaluation.

• The contractor shall fully evaluate the site for all issues that may present a problem for the Government regarding the functionality of the ACS; and

• Within fifteen (15) days after performance of the site evaluation, the contractor shall notify the TSR in writing of any discrepancies that may hinder the final installation of the ACS cabling and hardware.

1.2.1.2. Infrastructure Support.

• The contractor shall be responsible for providing all infrastructure to support the

ACS, including:

o Conduit and cable tray installations. The exception being that the contractor may be responsible for completing small (3ft or less) conduit connections inside the Computer Equipment Room (CER) to connect wall mounted security enclosures;

o Back boxes and junction boxes for ACS cabling and equipment;

o Ethernet cabling between ACS servers in the CER and respective workstations throughout the office that are detailed in this document. The contractor will only be required to provide patch cables; and o All 120V or above power outlets.

• All cabling must be of a sufficient type for the distance and environment in which it is to be installed.

• All cabling shall be managed using cable trays, raceways, or conduit.

• Cabling shall be homerun to the Computer Equipment Room (CER). If splices to cabling are needed, they shall be accomplished by way of terminal strips mounted inside a junction box or other enclosure that allow field testing of the connection(s).

Data connections between the CER and ACS workstations through-out the office will be provided by the GC.

1.2.1.3. Power Considerations.

• Power and signal cabling shall be segregated in accordance with best industry practices.

• Exterior work is not required for this project.

• The CER shall generally act as the main hub for power for all devices requiring power other than 120 VAC. All power other than the 120 VAC must be mounted in suitable enclosures.

• The contractor shall furnish and install wall-mounted Uninterruptable Power Supplies (UPS) on the ACS wall field inside the CER. These UPS shall be properly connected to all wall mounted ACS hardware and power supplies to ensure each receives at least one (1) hour of back-up power time.

• The contractor shall furnish and install a rack-mounted UPS in the TSD rack inside the CER. The contractor shall ensure that all rack-mounted hardware power supplies are connected to this unit.

1.2.4. Engineering and Documentation Considerations:

• The contractor will be required to generate engineering drawings documenting the system configuration and installation for this project.

• All written deliverables must be complete, thorough, structured in a clear and logical fashion and grammatically correct. Draft outlines of each document shall be coordinated with the TSR for review and approval. All deliverables shall be subject for a quality control review.

• TSR comments in response to draft deliverables shall be carefully reviewed and incorporated into the final document. If a final written deliverable is found by the TSR to contain spelling errors, grammatical errors, improper format, or is found otherwise not to conform to contractual requirements of previously approved drafts or outlines, the document will be immediately rejected.

• The TSR will notify the contractor in writing of the acceptance or rejection of each deliverable. The review time by the Government will be twenty (20) business days for written deliverables. Rejected deliverables shall be corrected by the contractor within fifteen (15) business days of rejection by the TSR.

• Due to the sensitivity of this effort, the contractor shall limit dissemination of all work product developed under this task to those contractor personnel directly assigned to the task and approved by the TSR.

• Although it is possible that some information pertaining to this requirement may be classified, it is the Government’s intent that as-built drawings should NOT be classified.

• Final design documentation shall be delivered to the Government TSR no later than twenty (20) working days from Government acceptance of the installation.

• Final system configuration shall include the proper labeling of all ACS components inside the CER and above the ceiling of the office. (Deliverable) o This includes labeling of all wall-mounted and rack mounted ACS components inside the CER.

o Labeling shall also include clear documentation inside each wall mounted ACS component inside the CER detailing wire connections on the enclosed panel. For example, a power supply shall detail which devices are connected to each output.

o Labeling is not required on any ACS component in public or common use space.

• Written Deliverables shall include the following and electronic versions must be password protected (password must be provided in a separate email) (Deliverable):

o Proposed Equipment List (submittal - to be provided prior to the ordering of equipment to be installed under the contract):

o Prior to the ordering of equipment, the contractor shall provide an itemized list of hardware and material necessary to complete all work to the TSR/COR. This list shall consist of following information in both paper and electronic format:

Manufacturer Model Number Description of the equipment (i.e., monitor, camera, etc.)

Location to be installed Manufacturer’s technical information (“cut sheets”) o Comprehensive Systems Plan for Installation and Testing:

Contractor shall develop a document detailing the project’s plan of action and milestones.

Government-created delays shall not be considered.

o Quality Control Plan (QCP): The contractor shall submit a quality control plan prior to the start of onsite work. This plan shall detail how the Program Manager (PM) intends to ensure all team members are following best practices as outlined in this PWS and Service Call Considerations. See Section 1.4.1 for further details.

o As-Built Drawings:

Upon completion and Government acceptance of any installation, an “as-built” packet will be provided to the TSR and/or COR showing the actual installation pathways of installed systems, zones/locations, and rack layouts.

This will include a high-level system diagram showing the flow of the installation and location of critical components.

As-built documentation shall be submitted electronically in Adobe PDF format; architectural and engineering drawing shall also be submitted in AutoCAD DWG format.

Full Bill of Materials: Documentation must include full Bill of Materials of all serialized items installed (to include manufacturer name, model, part number, serial number, and acquisition cost).

o Cable management plan:

Submittal to be provided and approved prior to the start of onsite installation work.

Cable management plan shall include, but is not limited to:

Identify types, quantities, and color of vertical and horizontal cabling, as well as all materials required for the project.

Detailed CER rack unit plan and patch panel configuration.

Formulation of a cable-labeling system that includes all frames, cables, and outlets.

o Diagrams showing network topology and Internet Protocol (IP) schemes:

The contractor shall produce documents detailing the IP scheme for the ACS. These documents will include an Excel spreadsheet of each piece of equipment’s model number, serial number, IP address, Subnet Mask, MAC address, username, and password.

The contractor shall also prepare a graphic of this architecture showing the topology of the system logically.

o Final System Configuration and Documentation:

Documentation shall include the systems’ final configuration, relevant settings, programming, usernames, passwords, firmware versions, software versions, sensor settings and any additional programming information.

Recommended maintenance schedules.

This package will include all other required documentation as part of a final document upon completion and approval.

o Verification of All Systems: Acceptance testing is outlined in 1.2.12. These documents and all interactions shall be included in the final documentation.

o Warranty Documentation: Warranty requirements are outlined in 1.2.13.

The contractor shall produce the warranty documentation which details the understanding between the Government and the Contractor.

This document shall be reviewed and approved by the TSR.

This document shall be included in the Final Documentation package.

1.2.5. Aesthetic support: All wiring, infrastructure, security room and rack installation work must be laid out in a neat and workmanlike manner, facilitating testing and maintenance. Wire management panels shall separate all patch panels associated with installation. All data cables that terminate in finished spaces shall be mounted in faceplates which shall be securely attached to the wall and match the color used on faceplates throughout the space. All wires shall be machine-labeled in plain English at both ends of each individual cable. Labels installed at switches or patch panels shall be within one (1) and twelve (12) inches of termination and should reflect a unique cable identifier. The label installed on the cable at the remote ends shall be within four (4) and twelve (12) inches of termination. Additionally, labels shall be applied to the front of each switch or patch panel indicating each cable installed on that device or panel.

Labels shall be applied to each wall plate indicating all cables terminated at that location. The labels used for wall plates shall consist of black lettering with a white or clear background. At panels where application of labels is not possible, a diagram of relevant wires shall be posted in the immediate area.

1.2.6. Equipment Rack Considerations:

• The contractor shall be required to use existing rack mounts in the CER.

• ACS equipment installed in the rack shall be connected to UPS power via a transfer switch type Power Distribution Unit (PDU), Eaton EATS-115 typical. Rack shall be grounded. All critical ACS components shall be connected to an online type Uninterruptable Power System (UPS) provided under the contract.

• The contractor shall install ACS servers inside this rack along with required networking hardware.

• The contractor shall furnish and install a horizontal power distribution unit on this rack with ten (10) 5-20R outlets. The contractor shall also furnish and install a UPS (see Section 1.2.3) along with a KVM, appropriate patch panels, cable managers, ACS switch and any other necessary hardware.

1.2.7. Access Control System:

• The contractor shall provide all necessary wiring, controls, programming, and parts required to install a Hirsch/Identiv electronic access control system throughout the new field office and gym space. This system shall include FICAM capable equipment, including future certificate checking ability.

• On-site installers shall be Identiv/Hirsch certified and experienced.

• The contractor is responsible for supplying and installing all Hirsch/Identiv back boxes. The contractor shall be responsible for reviewing the design documentation to ensure appropriate Scramble Pad back boxes have been used and installed correctly so that they can complete a recessed, slope mounted installation at each keypad location.

• The government may require the use of custom firmware to allow the use of PACS PIN that is not the PIN used to unlock a PIV.

• The contractor shall be responsible for all wiring associated with fail-safe doors and their interface with the local fire alarm relay.

• The contractor shall use Hirsch DTLM3s for this project and each should be installed inside enclosure above each ACS connected door.

• The contractor shall be responsible for connecting the ACS to approximately fifteen

(15) doors.

• The contractor shall ensure that the ACS has the capability to monitor doors for forced entry, door-open-too-long and request-to-exit. The contractor is to supply and install the appropriate mortise locks and door contacts to make this possible.

The contractor shall complete cabling to all these devices and ensure proper system programming/functioning.

• All doors shall be always fail-secure with free egress with the following exception(s):

o Prisoner Processing and Interview Room shall be fail-safe (tied to local fire alarm relay) and PIN only on exit. Additionally, shall have the same features to include the release of the maglock in the event of a fire alarm.

o Doors shall single motion egress devices installed. The contractor shall be responsible for cable completion and ACS integration at these doors.

• The contractor shall be responsible for furnishing and installing an ACS server and an ACS workstation.

o The server shall be installed in the contractor supplied rack inside the CER and integrated with the KVM that is to be shared with the VMS server.

o The workstation shall be installed inside the CER. This workstation shall be where all DHS PIV/alternate token badge enrollment equipment is installed and integrated. The workstation may share the VMS monitor in the CER. The contractor shall furnish and install all necessary switching equipment for the monitor.

• Separate from the electronic ACS, there shall be a maglock lockdown on the outer lobby door entrance that shall be controlled by means of a covered and lit push button.

• The contractor shall supply all necessary door power/maglock power supplies for installation inside the CER. Power supplies shall be Altronix AL600ULACMJ or technical equivalent. The contractor shall ensure there is at least one (1) available connection on each power supply to allow for future expansion.

• The contractor shall ensure that primary office entry door (total of 4) connections to the ACS and associated power supplies are distributed to different pieces of hardware so that the failure of one device does not render all primary entrances to the office disabled.

• The contractor will work directly with the COR during the programming stage to create door groups, user templates, control groups, customized alarm outputs and other programming features deemed necessary by the government.

1.2.8. Other Considerations

• The contractor shall be responsible for providing up to eight (8) hours of training with TSR/COR designated personnel on ACS admin/user functions. Training topics will be determined by the TSR/COR once acceptance testing has been completed.

1.2.9. Acceptance Testing:

• Upon completion of systems installation and any contractor-directed quality control processes, the contractor shall demonstrate the operation and features of all installed systems in the presence of the TSR and/or COR. Such testing shall include

a. Access Control: after programming sample credentials, demonstrate an access grant and an access denial at each reader, with correct door/lock release as applicable;

b. Access Control: demonstrate door release upon fire alarm relay activation, if installed (this may require coordination with host building personnel);

c. Access Control: demonstrate lockdown function and release upon fire alarm activation (this may require coordination with host building personnel);

d. Access Control: demonstrate remote door release;

e. Access Control: demonstrate successful access grant at one perimeter door and each vault door after removing line power from all access control panels and lock power supplies (standby batteries and UPS shall remain connected during this test);

• If any required function fails, the installation shall not be accepted by the

Government until each function is successfully demonstrated. Contractor shall have five (5) business days to remedy any failures found during acceptance testing. A deficiency in one area will not require a re-test of all functions, but the TSR reserves the right to see, by way of additional demonstrations, that no successful subsystem test was affected by any changes instituted in response to a testing failure.

• The Government TSR shall inspect each piece of equipment item for proper fit, damage, and adherence to Contract/Task Order requirements. Any corrective action shall be completed prior to acceptance.

• Upon system acceptance, Contractor shall provide a Full Bill of Materials to include manufacturer names, model names, part numbers, serial numbers, and acquisition cost for all serialized equipment. (Deliverable)

1.2.10. Warranty Considerations:

• The contractor shall warranty the ACS (including parts and labor) for a period of one

(1) year after the date of acceptance by the Government’s TSR.

• The warranty shall guarantee all materials and workmanship associated with the installation, in accordance with standard commercial practices.

• The warranty shall be provided in writing by the contractor and shall detail covered components. (Deliverable)

• The contractor shall acknowledge and provide maintenance as outlined in the Scope of this document. Deviations must be approved, in writing, by the Government.

• The contractor must provide a point of contact for warranty claims. The warranty point of contact must be familiar with the installation and able to guide government personnel through basic troubleshooting of the system(s).

• The Government intends to limit after hour requests to an absolute minimum.

• Except for criminal or accidental damage to equipment, on-site equipment and system repairs shall be conducted at no cost to the Government or other U.S.

Government agency for the duration of the warranty period.

• If any component of the installed system fails during this one-year warranty period, the contractor shall repair or replace the component(s) at no cost to the Government.

1.2.11. Service Call Considerations/Corrective Maintenance:

• Contractor shall provide service-call capabilities such as troubleshooting equipment malfunctions and repairs to broken equipment (including any necessary parts and labor) during the warranty period.

• For the duration of the warranty period, the contractor must provide an appropriate point of contact (POC) to provide technical support via phone 24 hours a day. This contact must be familiar with the installation (if installed by the contractor) and be able to guide Government personnel through basic diagnosis and/or troubleshooting of the systems.

o The Government may contact or schedule telephonic support with the contractor’s designated POC. This support shall include diagnosis and/or troubleshooting of hardware, software, and other concerns as required.

o If telephonic support is unable to resolve an issue, the contractor is expected to report as described below. Extended telephonic support will not count against the listed response timeframes.

o All service calls shall be acknowledged and scheduled for the repair by the contractor or designated sub-contractor within 24 hours of request. At the least, the Government requires scheduling of the repair be made during this timeframe.

• The Government has two (2) general requirements for service calls associated with this facility:

o Routine onsite support shall be scheduled and provided within 5 business days of request. Any deviations shall be coordinated, in writing, with and approved by the TSR.

o Emergency onsite support shall be scheduled and provided within 3 business days of request. The Government shall make clear, through a written request and using the word ‘emergency,’ the nature of the request. Any deviations shall be coordinated, in writing, with and approved by the TSR.

• Contractor is ultimately responsible for bringing any covered system back to a fully functional state during the warranty period.

• The Government will normally limit calls to business hours, but there may be instances where off-hours notification and response are necessary.

The Contract Line Item (CLIN) Structure will read as follows:

CLINs Description Quantity Unit Price Total (unit price X Quantity)

0001 ACS Equipment 1 0002 Installation, Testing and

Deliverables

0003 Warranty Period 1

TOTAL

CONTRACT

VALUE

1.3 General Information

1.3.1 Period of Performance: The period of performance one (1) base year: 07/25/2022

– 07/24/2023.

1.3.2 Place of Performance: All work will be performed at the San Diego Field Office.

550 West C Street, Suite 660, San Diego, CA.

1.5.3 Hours of Operation: The contractor is responsible for conducting business, between the hours of 8:00a.m. – 5:00 p.m. Monday through Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. Most work shall be conducted on consecutive days (to include weekends and holidays), until the project is completed. Typically, the work will be scheduled five days a week (Monday through Friday.

1.5.4 Type of Contract: The Government anticipates awarding a Firm-Fixed Price (FFP) contract to fulfill this requirement.

1.5.5.1 Privacy Act: Personnel who have access to Privacy Information shall adhere to the Privacy Act, Title 5 of the U.S. Code, Section 552a and applicable agency rules and regulations.

1.5.5.2 Physical Security: The contractor shall be responsible for safeguarding all Government equipment, information and property provided for contractor use. At the close of each work period, Government facilities, equipment, and materials shall be secured.

1.5.5.3 Key Personnel:

The contractor shall provide a point of contact (POC) who shall be responsible for the ACS Upgrade. The name of this person and an alternate who shall act for the contractor when the manager is absent shall be designated in writing to the contracting officer.

The POC or alternate shall have full authority to act for the contractor on all contract matters.

1.5.6. Data Rights: The Government has unlimited rights to all documents/ material produced under this contract. All documents and materials, to include the source codes of any software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the contractor without written permission from the Contracting Officer.

All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

PART 2

DEFINITIONS & ACRONYMS

2. DEFINITIONS AND ACRONYMS:

2.1. DEFINITIONS:

2.1.1. CONTRACTOR. A supplier or vendor awarded a contract to provide specific supplies or service to the Government. The term used in this contract refers to the prime.

2.1.2. CONTRACTING OFFICER (CO). A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the Government. Note: The only individual who can legally bind the Government.

2.1.3. DELIVERABLE. Anything that can be physically delivered, but may include non-manufactured things such as meeting minutes or reports.

2.1.4. KEY PERSONNEL. Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the SOW. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

2.1.5. PHYSICAL SECURITY. Actions that prevent the loss or damage of Government property.

2.2. ACRONYMS:

ACS Access Control System CER Computer Equipment Room CO Contracting Officer COR Contracting Officer Representative EOL End of Line FAR Federal Acquisition Regulation

FFP Firm Fixed Price FOV Field of View FPS Federal Protective Service GFE Government Furnished Equipment GFP Government Furnished Property GSA General Services Administration HSAR Homeland Security Acquisition Regulation IDS Intrusion Detection System NDAA National Defense Authorization Act ODTR Optical Time Domain Reflectometer OCI Organizational Conflict of Interest PDU Power Distribution Unit POC Point of Contact POI Power Over Internet PM Program Manager SOW Statement of Work TSD Technical Security Division TSR Technical Security Representative UPS Uninterruptible Power System USSS United States Secret Service

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3. GOVERNMENT FURNISHED ITEMS AND SERVICES:

3.1. Services: The Government will provide escorts to facilities during the planning phase and as needed for installation, upgrades, and maintenance. Government will ensure contractor employees who pass all applicable background checks will be granted access to the required work areas. This will require coordination between the contractor and the USSS SMD following Contract Award.

3.2 Facilities: The Government will not provide any facilities.

3.3 Utilities: Not applicable. The Government will not provide utilities.

3.4 Equipment: The Government will not provide any equipment except for integration of IDS voice module with office PA system.

3.5 Materials: The Government will provide site plan documentation and GC statement of work for ESS.

CONTRACT CLAUSES

Clauses incorporated by reference:

52.204-13 – System for Award Management Maintenance. (OCT 2016) 52.204-25 – Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

52.212-4 - Contract Terms and Conditions - Commercial Items. (MAY 2015) 52.204-19 - Incorporation by Reference of Representations and Certifications (DEC 2014) 52.232-39 – Unenforceability of Unauthorized Obligations 52.232-40 – Providing Accelerated Payments to Small Business Subcontractors

Clauses incorporated by full text:

52.204-22 Alternative Line Item Proposal (Jan 2017)

(a) The Government recognizes that the line items established in this solicitation may not conform to the Offeror’s practices. Failure to correct these issues can result in difficulties in acceptance of deliverables and processing payments. Therefore, the Offeror is invited to propose alternative line items for which bids, proposals, or quotes are requested in this solicitation to ensure that the resulting contract is economically and administratively advantageous to the Government and the Offeror.

(b) The Offeror may submit one or more additional proposals with alternative line items, provided that alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation. However, acceptance of an alternative proposal is a unilateral decision made solely at the discretion of the Government. Offers that do not comply with the line items specified in this solicitation may be determined to be nonresponsive or unacceptable.

(End of provision)

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Aug 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 the provision at 52.204-26, Covered Telecommunications Equipment or Services— Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items.

(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 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#id19CAC0P0ESS https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1060550 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#unique_1605198408

(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— https://www.sam.gov/

(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.

52.204-26 Covered Telecommunications Equipment or Services-Representation (Dec 2019)

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

(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) 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.

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services (Jan 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)).

https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#unique_1605198408 https://www.sam.gov/ https://www.acquisition.gov/far/part-52#FAR_52_203_19 https://www.acquisition.gov/far/part-52#FAR_52_204_23 https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.acquisition.gov/far/part-52#FAR_52_209_10 https://www.acquisition.gov/far/part-52#FAR_52_233_3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_233_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

(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).

__ (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).

__ (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).

__ (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]

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

https://www.acquisition.gov/far/part-52#FAR_52_203_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_203_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_203_15 https://www.acquisition.gov/far/part-52#FAR_52_204_10 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_204_14 https://www.acquisition.gov/far/part-52#FAR_52_204_15 https://www.acquisition.gov/far/part-52#FAR_52_209_6 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_209_9 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2313&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_219_3 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637a&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_219_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_6

__ (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.

__ (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)).

__ (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)).

https://www.acquisition.gov/far/part-52#FAR_52_219_6 https://www.acquisition.gov/far/part-52#FAR_52_219_7 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_7 https://www.acquisition.gov/far/part-52#FAR_52_219_8 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_9 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_9 https://www.acquisition.gov/far/part-52#FAR_52_219_9 https://www.acquisition.gov/far/part-52#FAR_52_219_9 https://www.acquisition.gov/far/part-52#FAR_52_219_9 https://www.acquisition.gov/far/part-52#FAR_52_219_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_13 https://www.acquisition.gov/far/part-52#FAR_52_219_14 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_16 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_27 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_28…