70Z04422RESD30016 A00001.docx

REQUEST FOR PROPOSAL (RFP)

70Z04422RESD30016

C5I Engineering Development, and Integration, Support Services (CEDISS)

Issued by:

U.S. Coast Guard C5I Contracting and Procurement, CG-914 4000 Coast Guard Blvd., Annex 4 Portsmouth, VA 23703-2199

Contracting POC:

Bobbi J. Forbes, Contract Specialist Telephone Number: (757) 295-2274 E-Mail Address: Bobbi.J.Forbes@uscg.mil

RFP Issue Date: October 19, 2021

PROPOSAL DUE DATE/TIME:

Phase One: November 15, 2021 11:00 AM Eastern

DO NOT submit removable memory/storage devices or media, such as, flash drives, thumb drives, memory sticks, hard drives, CDs, DVDs, or any other similar devices. USCG policy prohibits the use of removable memory/storage devices or media on USCG workstations and the USCG network.

If submitted electronically via email, total combined file sizes cannot be more than 10MB total per email. Zip files shall not be submitted.

NOTICE FOR FILING AGENCY PROTESTS

United States Coast Guard Ombudsman Program

It is the policy of the United States Coast Guard (USCG) to issue solicitations and make contract awards in a fair and timely manner. The Ombudsman Program for Agency Protests (OPAP) was established to investigate agency protest issues and resolve them without expensive and time-consuming litigation. OPAP is an independent reviewing authority that is empowered to grant a prevailing protester essentially the same relief as the Government Accountability Office (GAO).

Interested parties are encouraged to seek resolution of their concerns within the USCG as an Alternative Dispute Resolution (ADR) forum rather than filing a protest with the GAO or some external forum. Interested parties may seek resolution of their concerns informally or opt to file a formal agency protest with the Contracting Officer or Ombudsman.

Informal Forum with the Ombudsman. Interested parties who believe a specific USCG procurement is unfair or otherwise defective should first direct their concerns to the applicable Contracting Officer. If the Contracting Officer is unable to satisfy their concerns, interested parties are encouraged to contact the U.S. Coast Guard Ombudsman for Agency Protests. Under this informal process the agency is not required to suspend contract award performance. Use of an informal forum does not suspend any time requirement for filing a protest with the agency or other forum. In order to ensure a timely response, interested parties should provide the following information to the Ombudsman: solicitation/contract number, contracting office, Contracting Officer, and solicitation closing date (if applicable).

Formal Agency Protest with the Ombudsman. Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the Contracting Officer through open and frank discussions. If the protester’s concerns are unresolved, an Independent Review is available by the Ombudsman. The protester may file a formal agency protest to either the Contracting Officer or as an alternative to that, the Ombudsman under the OPAP program. Contract award or performance will be suspended during the protest period unless contract award or performance is justified, in writing for urgent and compelling reasons or is determined in writing to be in the best interest of the Government. The agency’s goal is to resolve protests in less than 35 calendar days from the date of filing. Protests shall include the information set forth in FAR 33.103(d) (2). If the protester fails to submit the required information, resolution of the protest may be delayed or the protest may be dismissed. To be timely protests must be filed within the period specified in FAR 33.103(e). Formal protests filed under the OPAP program should be submitted electronically to OPAP@uscg.mil and the Contracting Officer of by hand delivery to the Contracting Officer.

Election of Forum. After an interested party protests a Coast Guard procurement to the Contracting Officer or the Ombudsman, and while the protest is pending, the protester agrees not to file a protest with the GAO or other external forum. If the protest is filed with an external forum, the agency protest will be dismissed.

The Ombudsman Hotline telephone number is (202) 372-3695.

INTRODUCTION / INDEX

INTRODUCTION:

The United States Coast Guard (USCG) has a requirement for the service described in Attachment 1, Scope of Work (SOW).

This RFP is issued, and award will be made, in accordance with the Federal Acquisition Regulation (FAR) Subpart 12.6, Streamlined Procedures for Evaluation and Solicitation for Commercial Items in conjunction with Subpart 15.2, Solicitation and Receipt of Proposals and Information. FAR Part 12 shall take precedent in the event of a conflict. Task Orders (TOs) will be in accordance with FAR Part 16.5 Fair Opportunity.

The CEDISS requirements will be solicited as 100% 8(a) competitive set-aside acquisitions for commercial services. The Government intends to award up to three (3) Indefinite Delivery Indefinite Quantity (IDIQ) 8(a) contract awards for this RFP, however the Government reserves the right to withdraw, modify, or eliminate various aspects of the requirement determined to be too costly or impractical prior to award.

CONTRACT: Multiple Award Indefinite Delivery/Indefinite Quantity (ID/IQ), TO Contract (MATOC)

CONTRACT TYPE: Indefinite Delivery/Indefinite Quantity (IDIQ) with Fixed Price and Time & Material type task orders

NAICS CODE: 541519; Size Standard $30M

INSTRUCTIONS FOR SUBMITTING A PROPOSAL: See Section E

QUESTIONS: All questions regarding this RFP shall be submitted via e-mail (no telephone calls) on Exhibit 2, Question and Comment Form, to the Contract Specialist (listed below) so that they can be addressed.

Contractors shall reference the RFP number in the subject line of their e-mail and provide enough information in their e-mail so the Government can easily respond to their questions/concerns/assumptions. All questions/concerns/assumptions that are received in reference to this RFP will be compiled, answered, and posted by beta.SAM by Amendment to the RFP.

Submit Questions To: TIS-SMB-C5I-9143-3-Branch@uscg.mil, Bobbi.J.Forbes@uscg.mil, and Cheryl.R.Ellis@uscg.mil

INDEX

The below Sections will be included in the Award Document Section A – Standard Form (SF) 1449 Section B – Schedule of Supplies or Services / CLINs Section C – Contract Clauses Section D – Contract Documents, Exhibits, and Attachments

The below Sections will not be included in the Award Document Section E – Solicitation Provisions Section E – Instructions to Offerors – Commercial Items Section E – Evaluation – Commercial Items

B. SCHEDULE OF SUPPLIES OR SERVICES AND PRICE/COST

B.1 General Description The Contractor shall perform work as set forth in general terms in the attached Scope of Work (SOW) (Attachment 1). Detailed support services to be performed shall be identified in each individual Task Order (TO) issued against the primary Indefinite Quantity/Indefinite Delivery (ID/IQ) contract(s) awarded.

B.2 Contract/IDIQ The term of the CEDISS contract is a five (5) year ordering period. This is not a multi-year contract as defined in FAR Part 17.1, Multiyear Contracting.

B.3 Contract/IDIQ Administration/Management Notwithstanding the Contractor’s responsibility for total management during the performance of the Contract, the administration at the Contract level will require coordination between the Government and the Contractor. The U.S. Coast Guard, C5I Contracting and Procurement, CG-914, Contracting Office will perform all Contract administration and overall Task Order oversight. The individuals listed below in B.4 and B.5 will be the Government points of contact during the performance period.

Contracting Office: U.S. Coast Guard C5I Contracting and Procurement, CG-914 4000 Coast Guard Blvd., Annex 4 Portsmouth, VA 23703-2199

B.4 Contract/IDIQ Contracting Officer (KO) The Contracting Officer (KO) is responsible for ensuring performance of all necessary actions for effective contracting, ensuring compliance with the contract terms, and safeguarding the interests of the United States in the contractual relationship. The KO is responsible for ensuring that the Contractor receives impartial, fair, and equitable treatment under this contract. The KO is ultimately responsible for the final determination of the adequacy of the Contractor’s performance, to include, but not limited to (1) Provide scope oversight; (2) Ensure compliance with contract requirements; (3) Issue the Contracting Officer's final decision and handle all contract-level contractual disputes under the Contract Disputes Act; and (4) Place all contract modifications against the Contract. Communications pertaining to contractual administrative matters for this ID/IQ shall be addressed to the KO listed below.

Contracting Officer: Ms. Cheryl R. Ellis Telephone #: (757) 686-4201 E-Mail: Cheryl.R.Ellis@uscg.mil

B.5 Contract/IDIQ Administrator (Contract Specialist) The Contract Specialist (KS) serves as the point of contact between the Contractor and the Contracting Officer for this Contract; however, this person does not have a warrant that provides the authority to contractually commit the Government and is not authorized to change any of the terms and conditions of the Contract.

B.6 Contract/IDIQ Contracting Officer’s Representative (COR) The COR is a Government employee designated in writing by the Contracting Officer to act as a technical advisor for the Contracting Officer for items within the scope of this Contract. The COR performs functions such as review and/or inspection and acceptance of supplies and services and of a technical nature. A designation letter will set forth the authorities and limitations of the COR under the Contract. A COR does not have a warrant that provides the authority to contractually commit the Government and is not authorized to change any of the terms and conditions of the Contract.

B.7 Ordering/Task Order (TO) Contracting Officer, Contract Specialist, and COR To Be Determined at time of TO solicitation/award. Only a warranted Contracting Officer may place task/delivery orders against the IDIQ. The primary users are U.S. Coast Guard C5ISC.

B.8 Ordering/Task Order – By Designated Ordering Official The TO KO will order services to be furnished under this contract by issuing TOs, in accordance with FAR Part 52.216-18 Ordering, and 52.216-19 Order Limitations, on Optional Form 347, or an agency prescribed form, within the contract ordering period. The TO KO will be responsible for the issuance, administration, reporting, payment and closeout of the TO. All TOs are subject to the terms and conditions of this contract. This contract shall take precedent in the event of a conflict with any TO.

B.9 Ordering/Task Order Responsibilities Each TO KO has the primary responsibility for the administration of TOs placed with the Contractor to include, but not limited to (1) Issue and administer the TO to include all TO modifications; (2) Ensuring that TOs are within the scope of the contract; (3) Administering and final closeout of TOs; (4) Performing (in conjunction with the TO COR) inspection and acceptance or rejection of the equipment/services provided by the Contractor; and (5) Making payment, withholds, or partial payment of invoices.

B.10 Invoicing Schedule The Contractor shall submit invoices monthly, unless otherwise approved by the KO, for CLINs completed / received, inspected, and accepted by the Government.

The Coast Guard will process invoice payment requests for your award through the Invoice Processing Platform (IPP) at https://www.ipp.gov/. IPP is a government-wide, secure web-based payment information service offered free of charge to government agencies and their suppliers by the U.S. Department of Treasury’s Bureau of the Fiscal Service. It is effective for use on November 17, 2021 for new awards with FY-22 obligations established on or after October 1, 2021 and requires enrollment if you are not yet enrolled.

The point of contact you provided in your SAM.gov registration will receive two emails from ipp.noreply@mail.eroc.twai.gov if your entity is not already enrolled in IPP:

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

1. A second email, which will be sent within 24 hours of the first email, contains an IPP password. Once your contact receives these emails, please ensure they log into IPP and complete the registration process.

Training materials that address all IPP capabilities are available on the IPP website after login.

Once registered to use IPP, your company may submit payment requests, 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.

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

B.11 Electronic Submission of Payment Requests

(a) Definitions. As used in these instructions –

(1) “Payment request” means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation. The payment request must: comply with the requirements identified in FAR 32.905(b), “Content of Invoices” and the applicable Payment clause included in this contract. In addition, discount offerings and small business status if available shall be stated. If travel was allowable and approved, components in accordance with FAR 31.205-46 shall be provided.

(b) Effective November 17, 2021, except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests electronically using the Invoice Processing Platform (IPP). Information regarding IPP, including IPP Customer Support contact information, is available at www.ipp.gov or any successor site.

(c) The Contractor may submit payment requests using a method other than IPP only when the Contracting Officer authorizes alternate procedures in writing in accordance with Coast Guard procedures.

(d) If alternate payment procedures are authorized, the Contractor shall include a copy of the Contracting Officer's written authorization with each payment request.

B.12 System for Award Management (SAM) The contractor shall be registered in the SAM database prior to award, during performance, and through final payment of all Orders and closeout of the Contract.

B.13 Contract Type and Pricing The USCG anticipates awarding multiple IDIQ type contracts with Firm-Fixed-Price (FFP) and Time-and-Materials (T&M) type task orders (TO), TOs may combine more than one (1) pricing arrangement (e.g., FP/T&M), although separate CLINs are required for each type. The T&M rates established shall serve as the maximum rate by labor category.

B.13.1 Time-and-Materials Rates All individual TOs issued for services to be performed within the United States will be priced in accordance with the ceiling hourly labor rates set forth in Attachment 4, IDIQ Pricing Rates. Lower rates may be proposed than those set forth in Attachment 4, IDIQ Pricing Rates. The ceiling labor rates in B.14 reflect the maximum fully-burdened labor rates for each labor category that may be proposed or utilized in TOs issued under CEDISS. The labor categories, ceiling hourly rates and ceiling indirect administrative cost rates are detailed in Attachment 4, IDIQ Pricing Rates. The fully burdened hourly rates are ceiling rates, and the Contractor may, at its discretion, elect to propose lower hourly rates for individual TOs. Under no circumstances shall the Contractor propose or provide invoices for hourly labor rates above the ceiling labor rates set forth in Attachment 4, IDIQ Pricing Rates.

(a) Labor. Attachment 4, IDIQ Pricing Rates provides fully-burdened ceiling hourly rates for each labor category. When responding to a TO Request for Proposal (TORFP), regardless of TO type, the Contractor shall identify both Prime and Team Member (i.e., Subcontractor) labor using the CEDISS Labor Categories that apply. The fully-burdened labor rates include all direct, indirect, general and administrative, overhead costs, and profit associated with providing the required skill.

For Wage Determination applicable labor categories refer to Attachment 4, IDIQ Pricing Rates Template.

If overtime is required at the TO level, overtime will be compensated in accordance with the Service Contract Act and the Fair Labor Standards Act and prescribed in the Code Of Federal Regulations (-CFR) Title 29: Labor §778—OVERTIME COMPENSATION. Overtime is not anticipated, but if required, must be strictly approved in writing by the KO at the TO level.

(1) Government Site Rates. When performing at Government sites (GS), the Contractor shall provide services at or below the fully-burdened ceiling labor rates indicated in Attachment 4, IDIQ Pricing Rates. The Government will provide office space, furniture, and office equipment and supplies, as specified in the individual TOs.

(2) Contractor Site Rates. When performing at a Contractor site (CS), the Contractor shall provide services at or below the fully-burdened ceiling labor rates included in Attachment 4, IDIQ Pricing Rates, which include loads for office space and all normal supplies and services required to support the work. This includes, but is not limited to, telephones, faxes, copiers, personal computers, postage (to include courier services such as Federal Express), ordinary business software (e.g., word processing, spreadsheets, graphics, etc.), and normal copying and reproduction costs.

B.13.2 Firm- Fixed-Price (FFP) Type TOs Firm-Fixed-Price (FFP) is defined under FAR 16.201, Fixed-Price Contracts, and other applicable agency-specific regulatory supplements. Partial payment of FFP type TOs may be negotiated based on the completion of milestones, at the discretion of, and if approved by, the TO Contracting Officer (KO).

B.13.3 Time-and-Materials (T&M) Type TOs Time-and-Materials (T&M) is defined under FAR Subpart 16.6, T&M and LH Contracts, and other applicable agency-specific regulatory supplements. For T&M type TOs, the quantity of hours ordered from each labor category will be specified as deliverable hours billable at the ceiling rates specified in Section B.14 CLIN Rate Table or as negotiated, if lower rates are proposed for the TO.

B. 14 Contract Line Item (CLIN) and Contract Type by CLIN See Attachment 4, IDIQ Pricing Rates.

Government identified labor categories are included in Attachment 4, IDIQ Pricing Rates. The fully burdened labor rates included in Attachment 4, IDIQ Pricing Rates, are the maximum firm-fixed-price and time-and-material rates allowable for performance of requirements as specified in TOs. Additional labor categories not specified within the IDIQ Attachment 4 may be proposed at the TO level to meet specific TO requirements. Labor categories not specified within the IDIQ Attachment 4 consistently required at the TO level to meet specific TO requirements, may result in the modification of Attachment 4 to incorporate these additional labor categories at the IDIQ level by the Contracting Officer.

The markup percentages for Travel and ODCs (Subcontracts and Material) costs and ceiling labor rates contained in Attachment 4, IDIQ Pricing Rates, will not be revised over the life of the contract. Years 2 – 5 include escalation based on Year 1 which reflect the Offeror’s best judgement.

B.15 MINIMUM and MAXIMUM QUANTITIES In accordance with paragraph (b) of the “Indefinite Quantity” clause, the guaranteed minimum amount to be ordered under this contract is $10,000.00. The contract maximum is the total awarded price if the first TO is issued for the total awarded price to one vendor. However, this is a multiple award IDIQ contract with a total award value amongst all awardees of $295M combined.

B.16 Task Order (TO) Procedures The Contractor’s services shall be obtained on an as-needed basis (i.e., through the issuance of TOs). The Contractor shall perform the required effort for these services, within CONUS and OCONUS locations, throughout the term of this contract.

B.17 Task Order (TO) Performance Period and Pricing TOs may be issued at any time during the five (5) year contract period of performance, the “Contract Ordering Period” (COP). The performance period of each TO will be specified in the TO and may include option periods which, if exercised, may extend the TO period of performance beyond the COP of the base period (excluding exercise of options under FAR 52.217-8).

All non-severable TOs issued under the CEDISS IDIQ contract must be completed within 24 months after the expiration of the IDIQ (excluding exercise of options under FAR 52.217-8).

All severable TOs must be completed within 12 months after the expiration of the IDIQ (excluding exercise of options under FAR 52.217-8).

B.18 Delivery The IDIQ deliverables are identified in Exhibit A. The items required under each individual TO shall be delivered and received at destination within the timeframe specific in each TO.

B.19 Accounting and Appropriation Data Accounting and appropriation data for obligations under the contract will be set forth within individual TOs with the exception of the minimum guarantee amount. The minimum guarantee may be obligated at the contract level.

(END OF SECTION)

C. CONTRACT CLAUSES

C.1 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):

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

C.1.1 52.252-6, Authorized Deviations in Clauses. (APR 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any Homeland Security Acquisition Regulation (48 CFR Chapter 30) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

(End of clause)

C.1.2 Clauses Incorporated by Reference

52.215-23 Limitations on Pass-Through Charges (Applicable to T&M Task Orders)

JUN 2020

C.2 52.203-17, Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights (Apr 2014) (DHS – USCG DEVIATION 14-01)

(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the enhancement of whistleblower protections for Contractor employees established at 10 U.S.C. 2409 by section 827 of the NDAA for FY2013 (Pub. L. 112-239) and FAR 3.908.

(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. 2409, as described in section 3.908 of the FAR.

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

(End of Clause)

C.3 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (DHS - DEVIATION 20-05) (AUG 2020)

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

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

“Covered telecommunications equipment or services” means–

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

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

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

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

“Critical technology” means–

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

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

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

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

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

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

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

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

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

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

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

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

(b) Prohibition.

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

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

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

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

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

(d) Reporting requirement.

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

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

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

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

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

(End of clause)

C.4 52.216-18 Ordering (Aug 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from date of award through five years after date of award.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered "issued" when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor's email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of clause)

C.5 52.216-19 Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $25.00 the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of $4,000,000.00;

(2) Any order for a combination of items in excess of $4,000,000.00; or

(3) A series of orders from the same ordering office within 2 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216- 21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

C.6 52.216-22 Indefinite Quantity (Oct 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 11 October 2029.

(End of clause)

C.7 52.217-8 Option to Extend Services (NOV 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed six (6) months. The Contracting Officer may exercise the option by written notice to the Contractor at least 15 calendar days before the contract expires.

(End of clause)

C.8 52.217-9 Option to Extend the Term of the Contract (MAR 2000) (Applicable to Task Orders)

(a) The Government may extend the term of issued task orders by written notice to the Contractor prior to the expiration of the task order; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least five (5) days before the task order expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this task order, including the exercise of any options under this clause, shall not exceed IDIQ terms (See B.17) plus six (6) months under 52.217-8.

(End of Clause)

C.9 52.219-14 Limitations on Subcontracting (OCT 2021) (DEVIATION OCT 2021)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Definition. Similarly situated entity, as used in this clause, means a first-tier subcontractor, including an independent contractor, that—

(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and

(2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.

(c) Applicability. This clause applies only to—

(1) Contracts that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(3) Contracts that have been awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15;

(4) Orders expected to exceed the simplified acquisition threshold and that are—

(i) Set aside for small business concerns under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to small business concerns under multiple-award contracts as described in 19.504(c)(1)(ii);

(5) Orders, regardless of dollar value, that are—

(i) Set aside in accordance with subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 19.504(c)(1)(ii); and

(6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference.

(d) Independent contractors. An independent contractor shall be considered a subcontractor.

(e) Limitations on subcontracting. By submission of an offer and execution of a contract, the Contractor agrees to the following requirements in the performance of a contract assigned a North American Industry Classification System (NAICS) code applicable to this contract:

(1) Services (except construction). It will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding certain other direct costs and certain work performed outside the United States (see paragraph (e)(1)(i)), to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract.

(i) The following services may be excluded from the 50 percent limitation:

(A) Other direct costs, to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service. Examples include airline travel, work performed by a transportation or disposal entity under a contract assigned the environmental remediation NAICS code (562910), cloud computing services, or mass media purchases.

(B) Work performed outside the United States on awards made pursuant to the Foreign Assistance Act of 1961, or work performed outside the United States required to be performed by a local contractor.

(2) Supplies (other than procurement from a nonmanufacturer of such supplies). It will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract.

(3) General construction. It will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 85 percent subcontract amount that cannot be exceeded.

(4) Construction by special trade contractors. It will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 75 percent subcontract amount that cannot be exceeded.

(f) The Contractor shall comply with the limitations on subcontracting as follows:

(1) For contracts, in accordance with paragraphs (c)(1), (2), (3) and (6) of this clause – [Contracting Officer check as appropriate.] __ By the end of the base term of the contract and then by the end of each subsequent option period; or __ By the end of the performance period for each order issued under the contract.

(2) For orders, in accordance with paragraphs (c)(4) and (5) of this clause, by the end of the performance period for the order.

(g) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be performed by the aggregate of the joint venture participants.

(End of clause)

C.10 52.219-17 Section 8(a) Award (Oct 2019)

(a) By execution of a contract, the Small Business Administration (SBA) agrees to the following:

(1) To furnish the supplies or services set forth in the contract according to the specifications and the terms and conditions by subcontracting with the Offeror who has been determined an eligible concern pursuant to the provisions of section 8(a) of the Small Business Act, as amended (15 U.S.C. 637(a)).

(2) Except for novation agreements, delegates to the Department of Homeland Security, the responsibility for administering the contract with complete authority to take any action on behalf of the Government under the terms and conditions of the contract; provided, however that the contracting agency shall give advance notice to the SBA before it issues a final notice terminating the right of the subcontractor to proceed with further performance, either in whole or in part, under the contract.

(3) That payments to be made under the contract will be made directly to the subcontractor by the contracting activity.

(4) To notify the Department of Homeland Security, U.S. Coast Guard, C5I Contracting and Procurement, CG-914 Contracting Officer immediately upon notification by the subcontractor that the owner or owners upon whom 8(a) eligibility was based plan to relinquish ownership or control of the concern.

(5) That the subcontractor awarded a subcontract hereunder shall have the right of appeal from decisions of the cognizant Contracting Officer under the “Disputes” clause of the subcontract.

(b) The offeror/subcontractor agrees and acknowledges that it will, for and on behalf of the SBA, fulfill and perform all of the requirements of the contract.

(c) The offeror/subcontractor agrees that it will not subcontract the performance of any of the requirements of this subcontract to any lower tier subcontractor without the prior written approval of the SBA and the cognizant Contracting Officer of the Department of Homeland Security, Federal Protective Service.

(End of Clause)

C.11 52.219-18 Notification of Competition Limited to Eligible 8(a) Participants (Mar 2020)

(a) Offers are solicited only from small business concerns expressly certified by the Small Business Administration (SBA) for participation in the SBA’s 8(a) Program and which meet the following criteria at the time of submission of offer-

(1) The Offeror is in conformance with the 8(a) support limitation set forth in its approved business plan; and

(2) The Offeror is in conformance with the Business Activity Targets set forth in its approved business plan or any remedial action directed by the SBA.

(b) By submission of its offer, the Offeror represents that it meets all of the criteria set forth in paragraph (a) of this clause.

(c) Any award resulting from this solicitation will be made to the Small Business Administration, which will subcontract performance to the successful 8(a) offeror selected through the evaluation criteria set forth in this solicitation.

(d) The ____________ [insert name of SBA's contractor] will notify the Department of Homeland Security, U.S. Coast Guard, C5I Contracting and Procurement, CG-914 Contracting Officer in writing immediately upon entering an agreement (either oral or written) to transfer all or part of its stock.

(End of clause)

C.12 52.223-99 Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors.

(OCT 2021) (DEVIATION)

(a) Definition. As used in this clause - United States or its outlying areas means—

(1) The fifty States;

(2) The District of Columbia;

(3) The commonwealths of Puerto Rico and the Northern Mariana Islands;

(4) The territories of American Samoa, Guam, and the United States Virgin Islands; and

(5) The minor outlying islands of Baker Island, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Midway Islands, Navassa Island, Palmyra Atoll, and Wake Atoll.

(b) Authority. This clause implements Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors, dated September 9, 2021 (published in the Federal Register on September 14, 2021, 86 FR 50985).

(c) Compliance. The Contractor shall comply with all guidance, including guidance conveyed through Frequently Asked Questions, as amended during the performance of this contract, for contractor workplace locations published by the Safer Federal Workforce Task Force (Task Force Guidance) at https://www.saferfederalworkforce.gov/contractors/.

(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts at any tier that exceed the simplified acquisition threshold, as defined in Federal Acquisition Regulation 2.101 on the date of subcontract award, and are for services, including construction, performed in whole or in part within the United States or its outlying areas.

(End of clause)

C.13 52.232-19 Availability of Funds for the New Fiscal Year (APR 1984) (Applicable to Task Orders) Funds are not presently available for performance under this task order beyond ________. The Government’s obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made.