Adelphi Special Instructions and Information Full-Text Attachment_26QA154.doc

ADELPHI SPECIAL INSTRUCTIONS AND INFORMATION

ACC - APG POINT OF CONTACT

ACC - APG POINT OF CONTACT

The ACC - APG point of contact for this action is:

Contract Specialist: Keturah Moore

E-mail: keturah.l.moore.civ@army.mil

Contracting Officer Name: Shanna Dellinger

Telephone Number: (520) 691-4950

E-mail: shanna.dellinger.civ@army.mil

TECHNICAL POINT OF CONTACT

TECHNICAL POINT OF CONTACT

TPOC Name: TBD Telephone Number: TBD Email: TBD

TYPE OF CONTRACT

TYPE OF CONTRACT (Reference: 52.216-1)

This is a Firm-fixed price type of contract.

DISTRIBUTION STATEMENT A

DISTRIBUTION STATEMENT A

Approved for public release; distribution is unlimited.

GOV INSPECTION AND ACCEPTANCE

GOVERNMENT INSPECTION AND ACCEPTANCE

Government Inspection and Acceptance shall be performed at 6375 Johnson Road, building 321, Aberdeen Proving Ground 21005 by an authorized Government Representative.

TAX EXEMPTION CERT. (ARL)

TAX EXEMPTION CERTIFICATE (ARL)

Exemption certificate number 30005004 covers exemption from Maryland retail sales and use tax.

The Federal Tax Identification number for the Army Research Laboratory is: 53-0215803.

RECEIVING ROOM – APG

RECEIVING ROOM REQUIREMENTS - ALTERNATE I (APG)

At ABERDEEN PROVING GROUND truck shipments are accepted Monday through Friday (except holidays) from 8:00 AM to 3:30 PM only at Logistics Warehouse, Building 321, 6375 Johnson Road, Aberdeen Proving Ground, MD 21005. Suppliers shall affix packing slips to the outside of any packages delivered under this contract. Packing slips must be clearly identified and easy to retrieve enclosed packing papers. To coordinate/schedule deliveries, contact Bldg. 321 at 410-278-4406.

SUBSCRIPTION AND SOFTWARE PLATFORM RENEWALS

SUBSCRIPTION AND SOFTWARE PLATFORM RENEWALS

The Contractor shall not, under any circumstance, continue to provide any subscription or software platform services past the period of performance of this contract unless or until an option is exercised or a new contract award is made by a warranted Government Contracting Officer. Only Contracting Officers have authority to enter into, administer, or terminate contracts. No other Government employees have the authority to authorize continuation of services.

The Contractor must end the services immediately at the completion of the performance period. The Government will not accept continued subscription and software platform services after the award’s completion date. No additional costs will be added to the contract to compensate for the timeframes between the end date of this contract and the start date of a new contract if the service is renewed.

DFARS COMMERCIAL CLAUSES

COMMERCIAL ACQUISITION PROVISIONS & CLAUSES (DFARS)

As prescribed in RFO DFARS 212.205, the following provisions and clauses that have been selected are included in this contract by reference. Selection is defined as having a mark in the blank space to the left of the clause title. Unselected clauses are not included in this contract.

Clauses

___ 52.203-3 Gratuities 10 U.S.C. 4651

_X__ 252.203-7000 Requirements Relating to Compensation of Former DoD Officials Section 847 of FY 2008 NDAA

___ 252.203-7002 Requirement to Inform Employees of Whistleblower Rights 10 USC 4701

___ 252.204-7020 DoD Assessment Requirements DOD CUI Standards

___ 252.204-7021 Cybersecurity Maturity Model Certification Requirements DOD Cyber Standards

___ 252.204-7022 Expediting Contract Closeout Other

___ 252.204-7023 Reporting Requirements for Contracted Services 10 U.S.C. 4505

___ 252.205-7000 Provision of Information to Cooperative Agreement Holders 10 U.S.C. 4957

___ 252.211-7003 Item Unique Identification and Valuation Other

___ 252.211-7008 Use of Government-Assigned Serial Numbers Other

___ 252.216-7010 Postaward Debriefings for Task Orders and Delivery Orders Section 818 of the FY 2018 NDAA

___ 252.219-7003 Small Business Subcontracting Plan (DoD Contracts) 15 U.S.C. 637

_X__ 252.223-7008 Prohibition of Hexavalent Chromium Other

__X_ 252.225-7001 Buy American and Balance of Payments Program 41 U.S.C. chapter 83

_X__ 252.225-7012 Preference for Certain Domestic Commodities 10 U.S.C. 4862

___ 252.225-7021 Trade Agreements 19 U.S.C. 2501-2518

___ 252.225-7036 Buy American—Free Trade Agreements—Balance of Payments Program 41 U.S.C. chapter 83

___ 252.225-7052 Restriction on the Acquisition of Certain Magnets, Tantalum, and Tungsten 10 U.S.C. 4872

___ 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime Section 890 of FY 2020 NDAA

___ 252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region Section 855 of FY 2023 NDAA

___ 252.227-7015 Technical Data–Commercial Products and Commercial Services 10 USC 3772

___ 252.227-7037 Validation of Restrictive Markings on Technical Data 10 USC 3781

___Electronic Submission of Payment Requests and Receiving Reports

_X__ 252.232-7006 Wide Area WorkFlow Payment Instructions

__X_ 252.232-7010 Levies on Contract Payments

___ 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel

___ 252.237-7019 Training for Contractor Personnel Interacting with Detainees

___ 252.243-7002 Requests for Equitable Adjustment

_X__ 252.244-7000 Subcontracts for Commercial Products and Commercial Services

_X__ 252.247-7023 Transportation of Supplies by Sea

___ 252.247-7028 Application for U.S. Government Shipping Documentation/Instructions

Provisions __X_ 252.203-7005 Representation Relating to Compensation of Former DoD Officials

___ 252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements

___ 252.204-7024 Notice on the Use of the Supplier Performance Risk System

___ 252.209-7021 Prohibition Relating to Conflicts of Interest in Consulting Services—Certification

___ 252.215-7008 Only One Offer

___ 252.215-7010 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data

___ 252.215-7016 Notification to Offerors—Postaward Debriefings

__X_ 252.219-7000 Advancing Small Business Growth

_X__ 252.225-7000 Buy American—Balance of Payments Program Certificate

___ 252.225-7020 Trade Agreements Certificate

___ 252.225-7031 Secondary Arab Boycott of Israel

___ 252.225-7035 Buy American—Free Trade Agreements—Balance of Payments Program Certificate

___ 252.225-7050 Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism

_X__ 252.225-7055 Representation Regarding Business Operations with the Maduro Regime

_X__ 252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region—Representation

RFO DFARS 212.205-70 Provisions and clauses required in limited categories of contracts and solicitations.

___ 252.204-7004 Contracts Providing Access to DoD Classified Systems DOD security directives

___ 252.204-7008 Contracts Providing Access to DoD Classified Systems Section 1632 of FY 2015 NDAA

___ 252.204-7009 Contracts Providing Access to DoD Classified Systems Section 1632 of FY 2015 NDAA

___ 252.204-7012 Contracts Providing Access to DoD Classified Systems Section 1632 of FY 2015 NDAA

___ 252.204-7014 Litigation Support Contracts 10 USC 129d

_X__ 252.204-7016 Support to Nuclear Deterrence and Missile Defense Contracts 1656 of FY 2018

_X__ 252.204-7017 Support to Nuclear Deterrence and Missile Defense Contracts 1656 of FY 2018

_X__ 252.204-7018 Support to Nuclear Deterrence and Missile Defense Contracts 1656 of FY 2018

___ 252.209-7011 Contracts with Institutions of Higher Education Section 1062 of FY 2021 NDAA

___ 252.215-7003 Contracts with Canadian Commercial Corporation US-Canada defense trade agreements

___ 252.215-7004 Contracts with Canadian Commercial Corporation US-Canada defense trade agreements

___ 252.219-7004 Contracts with Contractors Participating in the Small Business Subcontracting Test Program Section 834 of the FY 1990-1991 NDAA, as amended

___ 252.219-7012 Contracts for Religious Services Section 898 of FY 2016 NDAA

___ 252.223-7009 Firefighting Contracts on Military Installations section 322 of FY 2020 NDAA

___ 252.225-7006 Contracts for The Acquisition of American Flags Recurring Approps.

__X_ 252.225-7007 Contracts for Items on the U.S. Munitions List or the 600 Series of the Commerce Control List Section 1211 of FY 2006 NDAA

___ 252.225-7008 Contracts for Delivery of Specialty Metals As End Items 10 U.S.C. 4863

___ 252.225-7009 Contracts for Delivery of Weapon Systems Containing Specialty Metals 10 USC 4863

___ 252.225-7010 Contracts for Delivery of Weapon Systems Containing Specialty Metals 10 USC 4863

___ 252.225-7015 Contracts Requiring the Delivery of Hand or Measuring Tool

___ 252.225-7016 Contracts for Ball or Roller Bearings or Items Containing Ball or Roller Bearings Recurring Approps.

___ 252.225-7017 Contracts Resulting in DOD Ownership of Photovoltaic Devices Section 846 of FY 2011 NDAA

___ 252.225-7018 Contracts Resulting in DOD Ownership of Photovoltaic Devices Section 846 of FY 2011 NDAA

___ 252.225-7019 Contracts that Require Welded Shipboard Anchor or Mooring Chain 10 U.S.C. 4864

___ 252.225-7023 Products or Services for use by Afghan Forces or US Operations in Afghanistan Section 886 of FY 2008 NDAA

___ 252.225-7024 Products or Services for use by Afghan Forces or US Operations in Afghanistan Section 886 of FY 2008 NDAA

___ 252.225-7026 Products or Services for use by Afghan Forces or US Operations in Afghanistan Section 886 of FY 2008 NDAA

___ 252.225-7027 Contracts for Foreign Military Sales 22 U.S.C. 2779

___ 252.225-7029, Products or Services for use by Afghan Forces or US Operations in Afghanistan Section 826 of FY 2013 NDAA

___ 252.225-7039 Contracts for Private Security Functions Outside the US Section 862 of FY 2008 NDAA

___ 252.225-7040 Contracts for Personnel Supporting US Armed Forces Deployed Outside the US Section 1205 of FY 2005 NDAA

___ 252.225-7043 Contractors Performing Outside the US Other

___ 252.225-7049 Contracts for Commercial Satellite Services 10 USC 2279

___ 252.225-7051 Contracts for Commercial Satellite Services 10 USC 2279

___ 252.225-7053 Contracts for Furnished Energy on an Installation Section 2821 of FY 2020 NDAA

___ 252.225-7054 Contracts for Furnished Energy on an Installation Section 2821 of FY 2020 NDAA

___ 252.225-7061 Contracts for Personal Protective Equipment 10 U.S.C. 4875

___ 252.225-7062 Contracts for Large, Medium-Speed Diesel Engines 10 U.S.C. 4864

___ 252.225-7063 Contracts for Components of T-AO 205 and T-ARC Class Vessels

___ 252.225-7064 Contracts for the Acquisition of Star Trackers 10 USC 4864

___ 252.225-7065 Contracts for The Acquisition of Fuel for Overseas Contingency Operations Section 843 of FY 2022 NDAA

___ 252.226-7002 Contracts for Demonstration Project for Contractors Employing Persons with Disabilities Section 853 of FY 2004 NDAA

___ 252.227-7013 Contracts where the Government will have Paid for any Portion of the Development Costs of Commercial Products or Services 10 USC 3771

___ 252.227-7015 Alternate I Contracts for Vessel Design 10 USC 8687

___ 252.227-7018 SBIR/STTR Contracts 10 USC 3771

___ 252.227-7040 SBIR/STTR Contracts 10 USC 3771

___ 252.227-7041 SBIR/STTR Contracts 10 USC 3771

___ 252.229-7014 Contracts with Foreign Persons 26 USC 5000C

___ 252.232-7009 Credit Card Purchases Other

___ 252.232-7011 Emergencies and Contingency Operations Other

___ 252.237-7025 Contracts for Audit Services Section 1006 of FY 2019 NDAA

___ 252.237-7026 Contracts for Audit Services Section 1006 of FY 2019 NDAA

___ 252.237-7027 Contracts for Working Dogs 10 USC 2387

___ 252.239-7009 Contracts for IT Services Other

___ 252.239-7010 Contracts for IT Services Other

___ 252.239-7017 Contracts for National Security Systems 10 U.S.C. 3252

___ 252.239-7018 Contracts for National Security Systems 10 U.S.C. 3252

___ 252.245-7005 Contracts Providing for Government-Furnished Property Other

___ 252.246-7003 Contracts for Critical Safety Items Other

___ 252.246-7004 Contracts for Facilities for Military Operations Section 807 of FY 2010 NDAA

___ 252.246-7008 Contracts for Electronic Parts Section 818 of FY 2012 NDAA

___ 252.247-7003 Contracts for Shipping/Transportation Section 884 of FY 2009 NDAA

___ 252.247-7026 Contracts for Shipping/Transportation Section 1017 of FY 2007 NDAA

___ 252.247-7027 Contracts for Shipping/Transportation Section 33504 of FY 2009 NDAA

___ 252.270-7000 Contracts in Pilot Program for Employee-Owned Businesses Section 874 of FY 2022 NDAA

___ 252.270-7001 Contracts in Pilot Program for Employee-Owned Businesses Section 874 of FY 2022 NDAA

___ 252.270-7002 Contracts in Pilot Program for Employee-Owned Businesses Section 874 of FY 2022 NDAA

DUTY-FREE ENTRY

DFE is assessable through Procurement Integrated Enterprise Environment (PIEE), https://piee.eb.mil. Click on the DFE (Duty Free Entry) Icon to access the application.

Training is available for each step of the process at https://pieetraining.eb.mil/wbt/.

This is the current process to obtain the proper documentation for DFE.

EXCEPTIONS IN PROPOSAL

EXCEPTIONS OR CONDITIONS CONTAINED IN OFFEROR'S PROPOSAL

In the event the offeror takes any exceptions to, or sets any conditions for its proposal under the subject solicitation, such exceptions or conditions shall be set forth in a cover letter to the offeror's proposal.

AWARD OF CONTRACT

No award will be made for less than the full quantities solicited. Any offeror proposing less than the full quantities will be considered nonresponsive.

ADELPHI CONTR. DIVISION URL

ADELPHI CONTRACTING DIVISION WEBSITE

Offeror(s) may access the Adelphi Contracting Division website at: http://www.arl.army.mil/www/default.cfm?page=509

FOREIGN NATIONALS PERFORMING

FOREIGN NATIONALS PERFORMING UNDER CONTRACT

In accordance with Title 8 U.S.C. 1324A, local Foreign Disclosure Officers (FDOs) may approve access by foreign nationals working on unclassified public domain contracts for the duration of the contract, provided the foreign nationals have appropriate work authorization documentation.

Offerors who expect to employ foreign nationals in the anticipated effort shall submit with their proposals documentary evidence verifying employment eligibility of the foreign nationals in accordance with 8 CFR 274a.12. Offerors not employing foreign nationals in performance of any resultant contract may disregard this provision.

For further information, please contact: Army Research Laboratory

Adelphi Laboratory Center

ATTN: AMSRL-CS-IO-FI

2800 Powder Mill Road

Adelphi, MD 20783-1138

PAYMENT TERMS

Payment terms of less than net 30 days are unacceptable. Offers conditioned upon such terms will not be considered for award.

DUTY-FREE ENTRY

DFE is assessable through Procurement Integrated Enterprise Environment (PIEE), https://piee.eb.mil. Click on the DFE (Duty Free Entry) Icon to access the application.

Training is available for each step of the process at https://pieetraining.eb.mil/wbt/.

This is the current process to obtain the proper documentation for DFE.

FAR AND DFARS FULL TEXT PROVISIONS AND CLAUSES ATTACHMENT

52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021) The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products or Commercial Services.

The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision—

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

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

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

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

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

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

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

(d) Representation. The Offeror represents that—

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

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

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

(e) Disclosures.

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

(i) For covered equipment—

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

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

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

(ii) For covered services—

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

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

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

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

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

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

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.204-25, Prohibition On Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (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 to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; 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 Contracting Officer for the indefinite delivery contract and the Contracting Officer(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 products or commercial services.

(End of clause)

FAR 52.204-26 Covered Telecommunications Equipment or Services-Representation (Oct 2020)

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

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

(c)

(1) Representation. The Offeror represents that it □ does, □ does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

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

(End of provision)

52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

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

DFARS: https://www.acquisition.gov/dfars CLASS DEVIATIONS: https://www.acq.osd.mil/dpap/dars/class_deviations.html

(End of provision) 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):

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

DFARS: https://www.acquisition.gov/dfars CLASS DEVIATIONS: https://www.acq.osd.mil/dpap/dars/class_deviations.html

(End of clause)

52.252-5 Authorized Deviations in Provisions (Nov 2020)

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

(b) The use in this solicitation of any Defense Ac quisition Regulation Supplement (DFARS) (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of provision) 52.252-6 Authorized Deviations in Clauses (Nov 2020)

(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 Defense Acquisition Regulation Supplement (DFARS) (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of clause)

252.211-7003 ITEM UNIQUE IDENTIFICATION AND VALUATION (JAN 2023)

(a) Definitions. As used in this clause-

Automatic identification device means a device, such as a reader or interrogator, used to retrieve data encoded on machine-readable media.

Concatenated unique item identifier means--

(1) For items that are serialized within the enterprise identifier, the linking together of the unique identifier data elements in order of the issuing agency code, enterprise identifier, and unique serial number within the enterprise identifier; or

(2) For items that are serialized within the original part, lot, or batch number, the linking together of the unique identifier data elements in order of the issuing agency code; enterprise identifier; original part, lot, or batch number; and serial number within the original part, lot, or batch number.

Data Matrix means a two-dimensional matrix symbology, which is made up of square or, in some cases, round modules arranged within a perimeter finder pattern and uses the Error Checking and Correction 200 (ECC200) specification found within International Standards Organization (ISO)/International Electrotechnical Commission (IEC) 16022.

Data qualifier means a specified character (or string of characters) that immediately precedes a data field that defines the general category or intended use of the data that follows.

DoD recognized unique identification equivalent means a unique identification method that is in commercial use and has been recognized by DoD. All DoD recognized unique identification equivalents are listed at https://www.acq.osd.mil/asda/dpc/ce/ds/unique-id.html.

DoD item unique identification means a system of marking items delivered to DoD with unique item identifiers that have machine-readable data elements to distinguish an item from all other like and unlike items. For items that are serialized within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier and a unique serial number. For items that are serialized within the part, lot, or batch number within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier; the original part, lot, or batch number; and the serial number.

Enterprise means the entity (e.g., a manufacturer or vendor) responsible for assigning unique item identifiers to items.

Enterprise identifier means a code that is uniquely assigned to an enterprise by an issuing agency.

Government's unit acquisition cost means--

(1) For fixed-price type line, subline, or exhibit line items, the unit price identified in the contract at the time of delivery;

(2) For cost-type or undefinitized line, subline, or exhibit line items, the Contractor's estimated fully burdened unit cost to the Government at the time of delivery; and

(3) For items produced under a time-and-materials contract, the Contractor's estimated fully burdened unit cost to the Government at the time of delivery.

Issuing agency means an organization responsible for assigning a globally unique identifier to an enterprise, as indicated in the Register of Issuing Agency Codes for ISO/IEC 15459, located at http://www.aimglobal.org/?Reg_Authority15459.

Issuing agency code means a code that designates the registration (or controlling) authority for the enterprise identifier.

Item means a single hardware article or a single unit formed by a grouping of subassemblies, components, or constituent parts.

Lot or batch number means an identifying number assigned by the enterprise to a designated group of items, usually referred to as either a lot or a batch, all of which were manufactured under identical conditions.

Machine-readable means an automatic identification technology media, such as bar codes, contact memory buttons, radio frequency identification, or optical memory cards.

Original part number means a combination of numbers or letters assigned by the enterprise at item creation to a class of items with the same form, fit, function, and interface.

Parent item means the item assembly, intermediate component, or subassembly that has an embedded item with a unique item identifier or DoD recognized unique identification equivalent.

Serial number within the enterprise identifier means a combination of numbers, letters, or symbols assigned by the enterprise to an item that provides for the differentiation of that item from any other like and unlike item and is never used again within the enterprise.

Serial number within the part, lot, or batch number means a combination of numbers or letters assigned by the enterprise to an item that provides for the differentiation of that item from any other like item within a part, lot, or batch number assignment.

Serialization within the enterprise identifier means each item produced is assigned a serial number that is unique among all the tangible items produced by the enterprise and is never used again. The enterprise is responsible for ensuring unique serialization within the enterprise identifier.

Serialization within the part, lot, or batch number means each item of a particular part, lot, or batch number is assigned a unique serial number within that part, lot, or batch number assignment. The enterprise is responsible for ensuring unique serialization within the part, lot, or batch number within the enterprise identifier.

Type designation means a combination of letters and numerals assigned by the Government to a major end item, assembly or subassembly, as appropriate, to provide a convenient means of differentiating between items having the same basic name and to indicate modifications and changes thereto.

Unique item identifier means a set of data elements marked on items that is globally unique and unambiguous. The term includes a concatenated unique item identifier or a DoD recognized unique identification equivalent.

Unique item identifier type means a designator to indicate which method of uniquely identifying a part has been used. The current list of accepted unique item identifier types is maintained at https://www.acq.osd.mil/asda/dpc/ce/ds/unique-id.html.

(b) The Contractor shall deliver all items under a contract line, subline, or exhibit line item.

(c) Unique item identifier. (1) The Contractor shall provide a unique item identifier for the following:

(i) Delivered items for which the Government's unit acquisition cost is $5,000 or more, except for the following line items:

Contract line, subline, or exhibit line item No. Item description

N/A

(ii) Items for which the Government's unit acquisition cost is less than $5,000 that are identified in the Schedule or the following table:

Contract line, subline, or exhibit line item No. Item description

N/A

(If items are identified in the Schedule, insert “See Schedule” in this table.)

(iii) Subassemblies, components, and parts embedded within delivered items, items with warranty requirements, DoD serially managed reparables and DoD serially managed nonreparables as specified in Attachment Number ----.

(iv) Any item of special tooling or special test equipment as defined in FAR 2.101 that have been designated for preservation and storage for a Major Defense Acquisition Program as specified in Attachment Number ----.

(v) Any item not included in paragraphs (c)(1)(i), (ii), (iii), or

(iv) of this clause for which the contractor creates and marks a unique item identifier for traceability.

(2) The unique item identifier assignment and its component data element combination shall not be duplicated on any other item marked or registered in the DoD Item Unique Identification Registry by the contractor.

(3) The unique item identifier component data elements shall be marked on an item using two dimensional data matrix symbology that complies with ISO/IEC International Standard 16022, Information technology--International symbology specification--Data matrix; ECC200 data matrix specification.

(4) Data syntax and semantics of unique item identifiers. The Contractor shall ensure that--

(i) The data elements (except issuing agency code) of the unique item identifier are encoded within the data matrix symbol that is marked on the item using one of the following three types of data qualifiers, as determined by the Contractor:

(A) Application Identifiers (AIs) (Format Indicator 05 of ISO/IEC International Standard 15434), in accordance with ISO/IEC International Standard 15418, Information Technology--EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and ANSI MH 10.8.2 Data Identifier and Application Identifier Standard.

(B) Data Identifiers (DIs) (Format Indicator 06 of ISO/IEC International Standard 15434), in accordance with ISO/IEC International Standard 15418, Information Technology--EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and ANSI MH 10.8.2 Data Identifier and Application Identifier Standard.

(C) Text Element Identifiers (TEIs) (Format Indicator 12 of ISO/IEC International Standard 15434), in accordance with the Air Transport Association Common Support Data Dictionary; and

(ii) The encoded data elements of the unique item identifier conform to the transfer structure, syntax, and coding of messages and data formats specified for Format Indicators 05, 06, and 12 in ISO/IEC International Standard 15434, Information Technology-Transfer Syntax for High Capacity Automatic Data Capture Media.

(5) Unique item identifier.

(i) The Contractor shall--

(A) Determine whether to--

(1) Serialize within the enterprise identifier;

(2) Serialize within the part, lot, or batch number; or

(3) Use a DoD recognized unique identification equivalent (e.g. Vehicle Identification Number); and

(B) Place the data elements of the unique item identifier (enterprise identifier; serial number; DoD recognized unique identification equivalent; and for serialization within the part, lot, or batch number only: Original part, lot, or batch number) on items requiring marking by paragraph (c)(1) of this clause, based on the criteria provided in MIL-STD-130, Identification Marking of U.S. Military Property, latest version;

(C) Label shipments, storage containers and packages that contain uniquely identified items in accordance with the requirements of MIL-STD-129, Military Marking for Shipment and Storage, latest version; and

(D) Verify that the marks on items and labels on shipments, storage containers, and packages are machine readable and conform to the applicable standards. The contractor shall use an automatic identification technology device for this verification that has been programmed to the requirements of Appendix A, MIL-STD-130, latest version.

(ii) The issuing agency code--

(A) Shall not be placed on the item; and

(B) Shall be derived from the data qualifier for the enterprise identifier.

(d) For each item that requires item unique identification under paragraph (c)(1)(i), (ii), or (iv) of this clause or when item unique identification is provided under paragraph (c)(1)(v), in addition to the information provided as part of the Material Inspection and Receiving Report specified elsewhere in this contract, the Contractor shall report at the time of delivery, as part of the Material Inspection and Receiving Report, the following information:

(1) Unique item identifier.

(2) Unique item identifier type.

(3) Issuing agency code (if concatenated unique item identifier is used).

(4) Enterprise identifier (if concatenated unique item identifier is used).

(5) Original part number (if there is serialization within the original part number).

(6) Lot or batch number (if there is serialization within the lot or batch number).

(7) Current part number (optional and only if not the same as the original part number).

(8) Current part number effective date (optional and only if current part number is used).

(9) Serial number (if concatenated unique item identifier is used).

(10) Government's unit acquisition cost.

(11) Unit of measure.

(12) Type designation of the item as specified in the contract schedule, if any.

(13) Whether the item is an item of Special Tooling or Special Test Equipment.

(14) Whether the item is covered by a warranty.

(e) For embedded subassemblies, components, and parts that require DoD unique item identification under paragraph (c)(1)(iii) of this clause, the Contractor shall report as part of, or associated with, the Material Inspection and Receiving Report specified elsewhere in this contract, the following information:

(1) Unique item identifier of the parent item under paragraph (c)(1) of this clause that contains the embedded subassembly, component, or part.

(2) Unique item identifier of the embedded subassembly, component, or part.

(3) Unique item identifier type.**

(4) Issuing agency code (if concatenated unique item identifier is used).**

(5) Enterprise identifier (if concatenated unique item identifier is used).**

(6) Original part number (if there is serialization within the original part number).**

(7) Lot or batch number (if there is serialization within the lot or batch number).**

(8) Current part number (optional and only if not the same as the original part number).**

(9) Current part number effective date (optional and only if current part number is used).**

(10) Serial number (if concatenated unique item identifier is used).**

(11) Description.

** Once per item.

(f) The Contractor shall submit the information required by paragraphs (d) and (e) of this clause as follows:

(1) End items shall be reported using the receiving report capability in Wide Area WorkFlow (WAWF) in accordance with the clause at 252.232-7003. If WAWF is not required by this contract, and the contractor is not using WAWF, follow the procedures at http://dodprocurementtoolbox.com/site/uidregistry/.

(2) Embedded items shall be reported by one of the following methods--

(i) Use of the embedded items capability in WAWF;

(ii) Direct data submission to the IUID Registry following the procedures and formats at http://dodprocurementtoolbox.com/site/uidregistry/; or

(iii) Via WAWF as a deliverable attachment for exhibit line item number (fill in) ----, Unique Item Identifier Report for Embedded Items, Contract Data Requirements List, DD Form 1423.

(g) Subcontracts. If the Contractor acquires by subcontract any item(s) for which item unique identification is required in accordance with paragraph (c)(1) of this clause, the Contractor shall include this clause, including this paragraph (g), in the applicable subcontract(s), including subcontracts for commercial products or commercial services.

(End of clause)

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

(a) Definitions. As used in this clause—

“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.

“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.

“Payment request” and “receiving report” are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to…