Solicitation TravelLift Amendment 1.pdf

COMBINED SYNPONIS/SOLICITATION

FOR

MOBILE MARINE TRAVEL LIFT

70Z04024Q62001B00

INSTRUCTIONS TO OFFEROR

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 in this notice. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued.

This solicitation and incorporated provisions and clauses in effect through Federal Acquisition Circular 2024-

05, effective 22 May 2024. The NAICS code for this solicitation is 333923 with a small business size standard of 1,250 and the PSC is 3950. Solicitation number, 70Z04024Q62001B00 is released using Federal Acquisition

Regulations (FAR) Part 12, Acquisition of Commercial Items and FAR Part 13.5 Simplified Procedures for

Certain Commercial Items as a Request for Quote (RFQ).

The provision at FAR 52.212-1, Instructions to Offerors-Commercial Products and Commercial Services, is applicable. This solicitation is a Request for Quote (RFQ) that will result in the award of a firm fixed price contract and will be a total small business set-aside.

If the Government decides to make an award, it will issue an offer to the successful contractor. A binding contract will be formed only when the contractor accepts the Government’s offer. This acceptance must be evidenced by the contractor’s written acceptance within the time specified in the Government’s offer.

Any contractor’s requests for clarification must be received no later than 27 August 2024 at 2:00 PM

(EST). Offeror’s may contact Jackie Warfield at Jacquelyn.L.Warfield @uscg.mil.

PLACE OF PERFORMANCE.

U.S. Coast Guard Yard

2401 Hawkins Point Road

Baltimore, MD 21226-5000

SCHEDULE OF SUPPLIES

The Contractor must meet the minimum characteristics for the proposed travel lift identified in the Product

Specification Sheet (PSS), Attachment I

The list of Contract Line-Item Numbers (CLIN) including items, quantities, are as follows:

CLIN

ITEM

QUANTITY

UNIT OF

MEASURE

UNIT

PRICE

EXTENDED

PRICE

0001 Mobile Marine Travel Lift to include Delivery, Assembly and

Testing

Each

Operator & Maintainer Training

Operators – 2 days

Days

Offers that propose performance that will not clearly fall within the applicable required performance period of 1

October 2024 through 31 January 2026, may be considered nonresponsive and rejected. If the offeror proposes no other performance schedule, the required performance schedule will apply.

SUBMISSION INSTRUCTIONS:

(a) Each Offeror must furnish all the information required by the solicitation as follows:

a. Offerors must return one fully executed copy of this Combined Synopsis/Solicitation and all amendments, if applicable. (ALL PAGES must be returned.)

b. Price Schedule

i. Offeror(s) must submit a complete price schedule. All line items must be priced to be considered for award. Incomplete quotes will be considered non-responsive.

ii. The Government may require additional pricing information to assist in determining the extent to which the price is fair and reasonable, and the pricing information must be provided if requested. The Government will evaluate quotes for award purposes by adding the total of all CLIN prices.

c. Offerors must include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications – Commercial Items (May 2024) with your offer.

d. The quotation must be submitted electronically in three (3) volumes, and must be clearly marked as to volume number, solicitation number, and the company name and/or logo with a point of contact, complete contact information including name, telephone number, and e-mail address. Volumes I and II must not contain any pricing information. The electronic quotation must be in Portable Document Format (PDF).

e. Volume Description

Volume Description

I Technical Capability – limited to 10-15 pages

II Past Performance – limited to 3 pages

III Price

f. Offerors must e-mail their quotation to the Contract Specialist, Jackie Warfield at

Jacquelyn.L.Warfield@uscg.mil, no later than 6 September 2024 at 2:00 PM EST. All submissions must include “70Z04024Q62001B00” in the subject line of the email. Quotations received after the established due date may be considered unacceptable and may be eliminated from further consideration.

g. Data previously submitted, or presumed to be known, i.e., descriptions of other projects performed for the Government, will not be considered as part of the quotation unless physically incorporated into the quotation.

h. Clarity, completeness, and conciseness are essential. The overall quality of the quotation will be evaluated in the context of being representative of the Offeror’s capability. DO NOT make general statements about capabilities.

Maintainers – 3 days

0003 4 Spare Straps

Set

TOTAL

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

(b) All quotations submitted in response to this solicitation must discuss the following:

VOLUME I: TECHNICAL CAPABILITY

Quotations must be prepared in such a manner as to enable personnel with general training to make a thorough evaluation and arrive at a sound determination as to whether the proposed supply will satisfy the requirements of the government. In order to provide all necessary information for a comprehensive evaluation, all quotations must be complete, self-sufficient, and respond directly to the requirements of the solicitation.

The technical capabilities submitted in response to this solicitation must demonstrate how the proposed travel lift meets or exceeds the salient characteristics identified in the Product Specification Sheet (PSS). The proposal should address the following areas:

Sub-Section 1 – Technical Specifications:

• Provide detailed specifications of the travel lift. This should include comprehensive information on the lifting capacity and dimensional requirements, power and drive system, control systems and steering modes, and the lifting mechanism design and functionality (including details on block, straps, and associate features).

• Explain in detail how the proposed travel lift meets each salient characteristic identified in the PSS.

Your explanation should clearly demonstrate the alignment between your product’s features and the requirements outlined in the PSS.

Sub-Section 2 – Project Execution:

• Present a comprehensive plan for fabrication, delivery, and assembly within the 13-month timeline.

• Provide a detailed repair plan to address damages or inoperable parts during assembly.

Sub-Section 3 – Long-Term Support

• Submit a copy of the actual commercial warranty documentation that will apply to this procurement.

This documentation the 2-year manufacturer’s warranty and support provisions.

• Provide a list and description of all documents to be provided (operator and maintenance manuals, design drawings, parts list).

For 'equal' product offers, in accordance with FAR 52.211-6, offerors must:

• Clearly identify the item by brand name (if any) and make or model number

• Include descriptive literature (illustrations, drawings, etc.)

• Describe any modifications planned to meet solicitation requirements

All technical proposals should be clear, concise, and provide sufficient detail for evaluation.

VOLUME II: PAST PERFORMANCE

Offerors are required to provide three (3) references that are recent and relevant to the effort required by this solicitation. “Recent” is defined as a contract in-progress or completed within the last three years. If the Offeror has not had three Government contracts within the last three years, information on recent and relevant subcontracts and/or commercial contracts may be submitted. “Relevant” is defined as a contract that is of similar nature, scope and complexity to the requirements as set forth in this solicitation.

The Contracting Officer will contact references provided by Offeror’s to obtain information regarding past performance. References possessing relevant information other than those provided by the Offeror may be contacted by the Government to obtain additional information that will be used in the evaluation of the offeror’s past performance. The Government reserves the right to consult resources such as Government databases and personnel possessing close at hand information. Only relevant past performance shall be considered.

Offerors shall present this information for each contract in the following format:

a. Name of Offeror or Teaming Partners

b. Program Title

c. Contract Number

d. Contract type

e. Contract dollar value

f. Period of performance

g. Place of performance

h. Contracting activity

i. Customer points of contact with telephone numbers and email addresses for the Procurement

Contracting Officer (PCO), the Administrative Contracting Officer (ACO), and the Program Manager

(PM).

j. Brief description of worked performed. Explain the nature of the work involved and the extent the work involved is similar to the requirements contained herein.

VOLUME III: PRICE

The Offeror’s price must represent the best price offer in response to the Solicitation. The offeror is required to return one completed copy of the entire Solicitation.

EVALUATION

EVALUATION OF PROPOSALS

The Government will conduct best value trade off to determine award of this contract. Accordingly, award will be made to the responsible Offeror whose proposal provides the greatest overall value to the

Government, price and other factors considered. Award will be made on a basis of best value tradeoff considering each offeror’s ability to meet or exceed the requirements at a reasonable price to the

Government. In making this determination, the Government may award to other than the lowest priced proposal or other than the highest technically rated proposal. The evaluation of proposals, submitted in response to this solicitation, will be made in accordance with the criteria outlined in this section. The

Government will evaluate the proposals against the following factors:

(a) Technical Capability

(b) Price

(c) Past Performance

The Government intends to evaluate offers and make an award without discussions with Offerors.

Therefore, the Offeror’s initial proposal should contain the Offeror’s best terms from both a technical and price standpoint. The Government reserves the right to seek information clarifying any element of an offer prior to award without discussions.

The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. Technical capability and past performance are the most important non-price factors.

Technical capability is of greater importance than past performance. When combined, the non-price factors are more important than the evaluated price. However, as technical ratings become more equal, Price becomes more important in making the award decision.

TECHNICAL CAPABILITY EVALUATION

Each Offeror's proposal will be evaluated to determine the ability to provide a travel lift that meets or exceeds the salient characteristics identified in the PSS, whether offering the brand name Mobile Marine

Travelift 620C or an equal product. More favorable consideration will be given to the product that exceeds the salient characteristics in ways that offer direct benefits to the government. The evaluation will consider:

a) The proposed travel lift’s ability to meet or exceed the lifting capacity and dimensional requirements as specified in the PSS.

b) The adequacy and effectiveness of the power and drive system in meeting or exceeding the operational needs outlines in the PSS.

c) The effectiveness and functionality of the control systems and steering modes, including their ability to meet or exceed requirements for operation in space-restricted areas.

d) The suitability and efficiency of the lifting mechanism design and functionality, including the configuration of blocks, straps, and associated features.

e) The feasibility and comprehensiveness of the fabrication, delivery, and assembly plan, including the ability to meet or exceed the 13-month timeline.

f) The adequacy and practicality of the repair plan to address damages or inoperable parts during assembly.

g) The adequacy and extent of the submitted commercial warranty documentation, including verification that it provides the required 2-year manufacturer’s warranty, evaluation of the specific support provisions outlined in the warranty, assessment of the warranty’s responsiveness to potential issues, and confirmation that the warranty meets or exceeds the requirements specified in the PSS.

h) The completeness and utility of the documentation package, including operator and maintenance manual, design drawings, and parts lists.

Offerors should ensure their technical proposal clearly demonstrates how their proposed solution meets or exceed each of the salient characteristics and requirements outlined in the PSS. For 'equal' products, offerors must provide detailed information demonstrating characteristics equivalent to or exceeding those of the brand name product.

These criteria will be used to assess the technical merit or quality of each proposal as part of the best value trade-off process. The technical evaluation will contribute to the overall assessment of the proposal’s ability to provide the best value to the Government, considering technical capability, past performance and price.

PAST PERFORMANCE EVALUATION

The Government will evaluate each offeror's performance risk based on the quality of recent and relevant past performance, as reported by the offeror's previous customers. This evaluation aims to assess the likelihood of successful performance under this solicitation. Relevant past performance is defined as performance of the same type of supply being solicited under this solicitation that has received a rating of Satisfactory or better. Recent past performance is defined as performance completed within the last three (3) years. The Government will focus on information demonstrating the quality of products and performance relative to the scope and complexity of this acquisition. The Government will not award to any offeror with less than an overall

Satisfactory rating.

Offerors with fewer than three (3) recent, relevant past performance references must submit a statement to that effect. The Government may contact references other than those provided by the Offeror and review databases such as Contractor Performance Assessment Reporting System (CPARS) to obtain additional information.

Offerors without a record of relevant Past Performance, or for whom information is not available or provided, shall receive a Neutral Rating, which will be evaluated neither favorably nor unfavorably.

The Contractor's past performance will be evaluated based on the information provided in the Offeror's quotation, responses from past customers, and other available relevant data.

PRICE EVALUATION

Price will be evaluated separately from the technical and past performance evaluations.

(a) The unit price of each CLIN shall be multiplied by the actual quantity to arrive at an estimated total price. The total of all CLIN's shall be added together to arrive at an evaluated total price.

(b) Price Reasonableness - The Government will determine price reasonableness by comparison between quotations received; comparison with the Government estimate; and comparison with historical and market research results.

(c) In the best value trade-off process, the Government will consider the price in relation to the non-price factors (Technical Capability and Past Performance) to determine the proposal that represents the best value to the Government.

RESPONSIBILITY

The Offerors must be determined responsible in accordance with the standards of Federal Acquisition

Regulation (FAR) Subpart 9.1 to be eligible for award.

CONTRACT APPROVAL

This contract is subject to the written approval of the Section Chief, C&P3/Shared Services, U.S. Coast Guard

Surface Forces Logistics Center, 2401 Hawkins Point Road, Baltimore, MD 21226-5000, and shall not be binding until so approved.

SUPPLEMENTAL TERMS & CONDITIONS

REQUIRED STANDARD OF WORKMANSHIP

Unless otherwise specifically provided in this contract, the quality of all supplies and services rendered hereunder must conform to the highest standards in the relevant profession, trade, or field of endeavor. All supplies and services must be rendered or supervised directly by individuals fully qualified in the relevant profession, trade, or field, and holding any licenses required by law.

UNAUTHORIZED INSTRUCTIONS FROM GOVERNMENT PERSONNEL

(a) The Contractor must not accept any instructions issued by any person employed by the U.S. Government or otherwise other than the Contracting Officer or the Contracting Officer’s Representative (COR) acting within the limits of their authority. A Contracting Officer’s Representative (COR) will be designated in writing to the

Contractor and will set forth the scope of their authority.

(b) No information, other than that which may be contained in an authorized amendment to this purchase instrument duly issued by the Contracting Officer, which may be received from any person employed by the

Government or otherwise will be considered as grounds for deviation from any stipulations of the purchase instruments or referenced drawings and/or specifications contained herein.

EMPLOYEE CONDUCT

Contractor employees must comply with all applicable Government regulations, policies and procedures (e.g., fire, safety, sanitation, environmental protection, security, “off limits” areas, wearing of parts of military uniforms, and possession of weapons) when visiting or working at Government facilities. The Contractor must ensure contractor employees present a professional appearance at all times and that their conduct must not reflect discredit on the United States, the Department of Homeland Security or the U.S. Coast Guard.

CONTRACTOR PERFORMANCE EVALUATION

(A) GENERAL: The U.S. Coast Guard Surface Forces Logistic Center (SFLC) will monitor and evaluate the successful offeror’s past performance of this contract and prepare a Contractor Performance Assessment

Report (CPAR) in accordance with FAR Part 42.15. All information contained in this assessment may be used, within the limitations of FAR 42.15, by the government for future source selections and in accordance with FAR 15.304, when past performance is an evaluation factor for award.

(B) NOTIFICATION: Upon completion of the contract, the Contractor will be notified of the assessment.

The Contractor may be allowed 30 days to respond to the SLFC’s assessment of its performance entered into CPARS. The Contractor’s response, if any, will be made part of the CPAR system at https://www.cpars.gov/index.htm.

(C) INFORMATION: Information included in the CPAR may include, but is not limited to, the Contractor’s record of conforming to contract requirements and to standards of good workmanship; the Contractor’s record of forecasting and controlling costs; the Contractor’s adherence to contract schedules, including the administrative aspects of performance; the Contractor’s history of reasonable and cooperative behavior and commitment to customer satisfaction; the Contractor’s record of integrity and business ethics, and generally, http://www.cpars.gov/index.htm http://www.cpars.gov/index.htm http://www.cpars.gov/index.htm the Contractor’s business-like concern for the interest of the customer.

(D) RELEASE OF DATA: CPARS information is considered business sensitive and will not be released except: (1) to other Federal procurement activities which request it; (2) when SFLC must release pursuant to a

Freedom of Information Act (FOIA) request; or (3) when prior written consent is requested and obtained from the Contractor.

PRIME CONTRACTOR REPRESENTATIVE:

Name: __________________________

Email: __________________________

Telephone: ______________________

ALTERNATE CONTRACTOR REPRESENTATIVE:

Name: __________________________

Email: __________________________

Telephone: ______________________

INVOICING REQUIREMENTS

WHEN TO SUBMIT: The contractor must first:

(1) Receive a fully executed purchase order, contract, delivery order or task order

(2) Provide the requirements, and

(3) Have ACTIVE status in the System for Award Management (SAM) at https://www.sam.gov

INVOICE CONTENT: Each invoice must contain the following information:

(1) Invoice Date

(2) Invoice Number

(3) Purchase Order Number or Contract Number or Contract and Delivery/Task Order

Number

(4) Contractor’s Name

(5) Contractor’s Address

(6) Contractor’s Unique Employer Identification (UEI)

(7) Contracting Officer’s Name

(8) Contracting Officer’s Representative’s (COR’s) Name (if applicable)

(9) Period of Performance for Work Invoiced

(10) Contract Line-Item Number(s) (CLIN(s)) and Description (if applicable)

(11) CLIN units for the period (if applicable), CLIN rate (if applicable), CLIN Total (if applicable)

(12) Invoice Total

(13) Discount Offerings

(14) Status as a Small Business (if applicable) for accelerated payment

(15) The last invoice submitted for this award must be clearly labeled with “FINAL

INVOICE.”

(16) NOTE: A request for payment is proper if it includes the items required by the clause at

FAR 52.232-25, Prompt Payment [(a)(3)(i) through (a)(3)(ix), with common items captured in the list above] and those items are accurate. If a request for payment does not include all the items required by the clause at FAR 52.232-25, Prompt Payment, or https://www.sam.gov/ any information is inaccurate, then the request is not proper and will be returned to the contractor with a statement of the reason(s) it is not proper.

Proper invoices associated with this award shall be submitted through the Invoice Processing Platform (IPP) at https://www.ipp.gov. IPP is a secure web-based electronic invoicing system provided by the U.S. Department of the Treasury’s Bureau of the Fiscal Service in partnership with the Federal Reserve Bank of St. Louis

(FRSTL). IPP is available at no cost to any commercial vendor or independent contractor doing business with a participating government agency.

Actions to take:

If you are already enrolled in IPP:

If your company is already registered to use IPP, you will not be required to re-register, and you do not need to contact IPP.

If you are NOT already enrolled in IPP:

The point of contact you provided in your SAM.gov registration will receive two emails from ipp.noreply@mail.eroc.twai.gov. Please note that emails from this email address may filter into your spam or junk folder:

1. The first email will have the IPP Logon ID and a link to the IPP application.

2. A second email, which will be sent within 24 hours of the first email, contains a temporary password.

Once your contact receives these emails, please ensure they log into IPP and complete the registration process.

Once registered to use IPP, your company may submit invoices electronically, receive e-mail notifications when requests are paid, view payment history, and access remittance downloads. The e-mail notification of payment is sent when a payment is distributed to your bank account and may include the following payment information:

Date of payment, dollar amount, invoice number, paying agency, payee name, and ACH trace number.

Vendor training materials, including a first-time login tutorial, are available on the https://www.ipp.gov website.

Once you have logged in to the IPP application, you will have access to user guides that provide step-by-step instructions for all IPP capabilities, ranging from creating and submitting an invoice to setting up email notifications.

IPP Customer Support is available to assist users of the system and can answer your questions related to accessing

IPP or completing the registration process.

• Toll-free number: 866-973-3131

• Email address: IPPCustomerSupport@fiscal.treasury.gov

• Hours of operation: Monday through Friday (excluding bank holidays) from 8:00 am –

6:00 pm ET

RESPONSIBLE OFFICIAL(S) WHO CAN RECEIVE NOTIFICATION OF AN IMPROPER INVOICE

AND ANSWER QUESTIONS REGARDING THE INVOICE

For use in the event your firm receives a contract as a result of this solicitation, designate below the responsible official(s) who can receive notification of an improper invoice and answer questions regarding the invoice.

NAME: ____________________________________

TITLE: ____________________________________

https://www.ipp.gov/ mailto:ipp.noreply@mail.eroc.twai.gov https://www.ipp.gov/ mailto:IPPCustomerSupport@fiscal.treasury.gov

ADDRESS: ____________________________________

PHONE: ____________________________________

EMAIL: ____________________________________

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): https://www.acquisition.gov/

(End of clause)

NUMBER TITLE DATE

52.202-1 DEFINITIONS JUNE 2020

52.212-4 CONTRACT TERMS AND CONDITIONS - NOV 2023

COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES

52.227-14 RIGHTS IN DATA-GENERAL MAY 2014

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED JUNE 2013

OBLIGATIONS

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS (APR 2024) (DHS-USCG

DEVIATION 14- 01, Revision 1) As prescribed in 3.906 (DEVIATION),

(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies established at 10 U.S.C. 4701 and Homeland Security Acquisition Regulation (HSAR) 3.900

(DEVIATION) through 3.905 (DEVIATION).

(b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 10 U.S.C. 4701, as described in HSAR 3.900

(DEVIATION) through 3.905 (DEVIATION).

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts.

https://www.acquisition.gov/

52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES

DEVELOPED OR PROVIDED BY KASPERSKY LAB COVERED ENTITIES

(DEVIATION 20-05) (JUL 2024)

(a) Definitions. As used in this clause-

Kaspersky Lab covered article means any hardware, software, or service that–

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

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

Kaspersky Lab covered entity; or

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

Kaspersky Lab covered entity.

Kaspersky Lab covered entity means–

(1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab, including any change in name, e.g., “Kaspersky”;

(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 Kaspersky Lab covered article. The Contractor is prohibited from—

(1) Providing any Kaspersky Lab covered article that the Government will use on or after October 1, 2018;

and

(2) Using any Kaspersky Lab 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://dibnet.dod.mil.

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

(i) Within 3 business days 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 mailto:Incidents@hq.dhs.gov https://dibnet.dod.mil/ 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 Kaspersky Lab covered article, any reasons that led to the use or submission of the Kaspersky Lab covered article, and any additional efforts that will be incorporated to prevent future use or submission of Kaspersky

Lab covered articles.

(d) 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, Rev 2) (NOV 2021)

(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 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.

(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 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

(a) Definitions. As used in this provision—

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings).

This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award

Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror □ has □ does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity

Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in–

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in

FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).

(End of provision)

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2023) - ADDENDUM

FAR 52.212-4 is incorporated with the following modification: (o) Warranty.

The Contractor's commercial warranty submitted in response to Sub-Section 3 – Long-Term Support of the solicitation will be incorporated into any resulting contract and will replace this paragraph (o). The warranty terms, including the period for giving notice of any defect or nonconformance, will be as specified in the

Contractor's submitted warranty documentation.

FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES

OR EXECUTIVE ORDERS-COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY

2024)

(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 Covered Entities (Dec 2023) (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).

https://www.acquisition.gov/far/52.204-7#FAR_52_204_7

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (Aug 1996) ( 31 U.S.C. 3553).

(7) 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:

_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. 4655).

___(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.)

____(4) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community— see FAR 3.900(a).

_X_(5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L.

109-282) ( 31 U.S.C. 6101 note).

__(6) [Reserved].

__(7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div.

C).

__(8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub.

L. 111-117, section 743 of Div. C).

_X_(9) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of

Pub. L. 117-328).

__(10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (Dec 2023) ( Pub. L. 115–390, title II).

__(11) (i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) ( Pub. L.

115–390, title II).

__(ii) Alternate I (Dec 2023) of 52.204–30.

_X_(12) 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_(13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (

41 U.S.C. 2313).

__(14) [Reserved].

__(15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) ( 15 U.S.C. 657a).

__(16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a).

__(17) [Reserved]

_X_(18) (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.

__(19) (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_(20) 52.219-8, Utilization of Small Business Concerns (Feb 2024) ( 15 U.S.C. 637(d)(2) and (3)).

__(21) (i) 52.219-9, Small Business Subcontracting Plan (Sep 2023) ( 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 2023) of 52.219-9.

__(22) (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.

_X_(23) 52.219-14, Limitations on Subcontracting (Oct 2022) ( 15 U.S.C. 637s).

__(24) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) ( 15 U.S.C. 637(d)(4)(F)(i)).

__(25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small

Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (Feb 2024) ( 15 U.S.C. 657f).

_X_(26) (i) 52.219-28, Post Award Small Business Program Re-representation (Feb 2024) ( 15 U.S.C.

632(a)(2)).

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

__(27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-

Owned Small Business Concerns (Oct 2022) ( 15 U.S.C. 637(m)).

__(28) 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 (Oct 2022) ( 15 U.S.C. 637(m)).

__(29) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) ( 15 U.S.C. 644(r)).

__(30) 52.219-33, Nonmanufacturer Rule (Sep 2021) ( 15U.S.C. 637(a)(17)).

_X_(31) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

_X_(32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Feb 2024).

_X_(33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_(34) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

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

_X_(35) (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_(36) (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_(37) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212).

_X_(38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496).

_X_(39) (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).

___(40) 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.)

__(41) (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.)

__(42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (May

2024) (42 U.S.C. 7671).

__(43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners

(May 2024) (42 U.S.C. 7671).

__(44) 52.223-20, Aerosols (May 2024) (42 U.S.C. 7671).

__(45) 52.223-21, Foams (May 2024) (42 U.S.C. 7671).

__(46) 52.223-23,…