Amend 1- RRSA WMSL MPDE Supply Solicitation_03OCT2024.pdf

Amendment 01 to Solicitation No. 70Z08524RAD031B00 MTU/Rolls Royce Solutions America (RRSA) WMSL Main Propulsion Diesel Engines

(MPDE) Parts Purchase

X

Included with the amendment is an updated Schedule of Supplies List - Attachment 2.

(MPDE) Parts Purchase

Amendment Change Summary

Paragraph B.5 (Place of Delivery – Destination) and paragraph C.12(c) have been revised.

Deleted “The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations from para C.12(c).

Paragraph C.11 (FAR 52.216-19 ORDER LIMITATIONS (OCT 1995) of the solicitation has been amended reflecting a minimum order of $1,000.00.

Table of Contents

Table of Contents

NOTICE FOR FILING AGENCY PROTESTS

B.1 GENERAL

B.2 SCHEDULE OF SUPPLIES AND PRICES:

B3DELIVERY ORDER (DO):

B.44 PROPOSAL DUE DATE:

B.5 PLACE OF DELIVERY – DESTINATION:

B.6 QUESTIONS………………………………………………………………………….8

B.7 PROPOSAL SUBMITTAL PROCEDURES…………………………………………8

SECTION C- CONTRACT CLAUSES

C.1 FAR 52.252-1 PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)…..9

C.2 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)………9

C.3 FAR 52.204-21 Basic Safeguarding of Covered Contractor Information Systems (NOV 2021)……………………………………………………………………………………….10 C.4 FAR 52.204-1 APPROVAL OF CONTRACT (DEC 1989) ............................. ……12

C.5 FAR 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE,

SOFTWARE, AND SERVICES DEVELOPED BY KASPERSKY LAB COVERED

ENTITIES (DEVIATION 20-05) (JULY 2024)……………………………………………12

C.6 FAR 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)

C.7 FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS

(DEC 2022) ADDENDUM

CONTRACT ADMINISTRATION

CONTRACTING OFFICER’S AUTHORITY

CONTRACTING OFFICER’S REPRESENTATIVE (COR)

INVOICING REQUIREMENTS

RESPONSIBLE OFFICIAL(S) WHO CAN RECEIVE NOTIFICATION OF AN

IMPROPER INVOICE

CONTRACTOR PERFORMANCE EVALUATION

C.8 FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (FEB 2024)

C.9 FAR 52.216-18 ORDERING (AUG 2020)

C.10 FAR 52.216-19 ORDER LIMITATIONS (OCT 1995)

C.11 FAR 52.216-21 REQUIREMENTS (OCT 1995)

C.12 FAR 52.212-7 OPTION FOR INCREASED QUANTITY - SEPARATELY PRICED

LINE ITEM …………………………………………………………………

C.13 FAR 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

HSAR CLAUSES IN BY FULL TEXT

C.14 HSAR 3052.209-70 PROHIBITION ON CONTRACTS WITH CORPORATE

EXPATRIATES (JUN 2006)

C.15 HSAR 3052.212-70 CONTRACT TERMS AND CONDITIONS APPLICABLE TO

DHS ACQUISITION OF COMMERCIAL ITEMS (SEP 2012)

SECTION D-ATTACHMENTS

SECTION E- CONTRACT PROVISIONS

E.1 FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS

ADDENDUM

E.2 FAR 52.212-2 EVALUATION – COMMERCIAL PRODUCTS and COMMERCIAL

SERVICES (NOV 2021)…………………………………………………………………41

E.3 FAR 52.212-3 (MAY 2024) ALT I (FEB 2024)

E.4 FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021) …………………………………… E.5 FAR 52.204-26 Covered Telecommunications Equipment or Services-Representation

(OCT 2020)………………………………………………………………………………64

E.6 FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT

2018)

E.7 FAR 52.215-20 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA

OTHER THAN CERTIFIED COST OR PRICING DATA (OCT 2010) (ALT IV) (OCT

2010)……………………………………………………………………………………..66

E.8 FAR 52.216-1 TYPE OF CONTRACT (APR 1984) ………………………………66

E.9 FAR 52.225-18 PLACE OF MANUFACTURE (AUG 2018)……………………...66

E.10 FAR 52.233-2 SERVICE OF PROTEST (SEP 2006)

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 or 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.

SOLICITATION

B.1 GENERAL

The United States Coast Guard (USCG) Long Range Enforcer (LRE) Product Line has a supply acquisition requirement for Original Equipment Manufacturer (OEM) – MTU/RRSA Main Propulsion Diesel Engines (MPDE), model 20V1163TB93 assemblies (parts and components).

The Government’s intends to solicit this requirement on a sole source basis under North American Industry Classification System (NAICS) code 333618 – Marine Engines Manufacturing. The small business size standard is 1,500 employees.

This solicitation is for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, Streamlined Procedures for Evaluation and Solicitation for Commercial Items with elements of Part 15, Contracting by Negotiation, and FAR 16 – Types of Contracts as supplemented with additional information included in this notice.

This solicitation is used as a Request for Proposal under number 70Z08524RAD031B00, and incorporated provisions and clauses are in effect through:

• Federal Acquisition Circular 2024-06, effective 29 August 2024

• Department of Homeland Security Acquisition Regulation (HSAR) effective 21

July 2023

• Homeland Security Acquisition Manual (HSAM) 2024-03 effective 29 March 2024

To receive an award, the Contractor must be registered in the System for Award Management (SAM) www.sam.gov.

The Government contemplates award of a Requirements contract resulting from this solicitation., with firm fixed-priced delivery orders, on the basis of other than full and open competition with the Original Equipment Manufacturer (OEM).

MTU/RRSA (Rolls Royce Solutions America) 39525 Mackenzie Drive, Novi, MI 48377-1602

This Requirements type contract will be in effect from the date of the award until five years thereafter. The period of performance for the contract will consist of a base period consisting of 3 December 2024 through 2 December 2029, with five (5), one (1) year ordering periods.

Ordering Period 1 03 December 2024 – 02 December 2025 Ordering Period 2 03 December 2025 – 02 December 2026 Ordering Period 3 03 December 2026 – 02 December 2027 Ordering Period 4 03 December 2027 – 02 December 2028 http://www.sam.gov/

Ordering Period 5 03 December 2028 – 02 December 2029

Under this type of contract, no work shall be performed until directed by an Order.

Electronic mail is an acceptable form of transmission for all orders, modifications, and correspondence issued under this contract.

No award will be made under this solicitation until funds are available. The Government reserves the right to cancel this solicitation either before or after the opening/closing date.

The USCG currently contracts for overhauling the 20V1163 TB93 main propulsion diesel engines installed on the 418’ WMSL cutters. This onboard maintenance is performed by skilled technicians capable of performing the engine overhauls using genuine RRSA parts.

All parts will have specific OEM specifications that will be utilized during the overhaul process of the engines. It is important to note that only RRSA has the capability to supply the necessary parts for this project.

All brand-name assemblies (parts and components) provided must support the MTU/RRSA MPDEs, model 20V1163TB93, that are installed on the USCG WMSL fleet, including any spare parts (that are installed). The full list of parts comprising the scope of this requirement is contained within the Attachment 1 – RRSA Parts Purchase SPECS 2024 and Attachment 2 - "MTU Schedule of Supplies List.”

NOTE: NO SUBSTITUTE OR ALTERNATE PARTS WILL BE CONSIDERED. ONLY

NEW PARTS WILL BE ACCEPTED. NO DRAWINGS, SPECIFICATIONS OR

SCHEMATICS ARE AVAILABLE FROM THIS AGENCY. Reference Section 3.1 – General of Attachment 1 -RRSA Parts Purchase SPEC 2024.

B.2 SCHEDULE OF SUPPLIES AND PRICES:

See Attachment 2- MTU Schedule of Supplies for detailed schedule of supplies. The Contractor’s price is required for every item listed in the schedule of supplies.

The Proposal should include any quantity discounts offered by the offeror. All line items must be priced to be considered for award. **NOTE** Unit Pricing must be provided for every CLIN in every Ordering Period regardless of the estimated quantity. Estimated quantities are provided in this Solicitation to establish pricing only. The USCG has authority to order any CLIN at any time over the life of the contract.

B.3 DELIVERY ORDER (DO):

(a) Delivery orders will be issued in accordance with FAR Clause 52.216-18 Ordering.

(b) A delivery order is the contractual instrument issued by the Government to the Contractor for supplies placed against an established contract. The Government shall issue delivery orders unilaterally on an Order for Supplies or Services Form, OF 347, within the terms established at FAR 52.216-18 Ordering and FAR 52.216-19 Order Limitations. Any Coast Guard warranted Contracting Officer is authorized to issue orders under this contract.

(c) Modifications to delivery orders may be required. Modifications are issued pursuant to specific standard clauses contained in the basic contract or the delivery order.

B.4 PROPOSAL DUE DATE:

Proposals must arrive no later than 17 October 2024, no later than 1PM EST, Proposals shall be sent via electronic mail (e-mail) to:

•Contract Specialist: Mark Cap; Email: Mark.Cap@uscg.mil •Contracting Officer: Kiya Plummer-Dantzler; Email: Kiya.R.Plummer-Dantzler@uscg.mil

B.5 PLACE OF DELIVERY – DESTINATION:

Upon issuance of the delivery order, all items shall be shipped F.O.B. Destination in accordance with FAR Clause 52.247-34 F.o.b. Destination.

(a) USCG requires delivery of all items within 180 days of delivery order with exception of such parts as a crankshaft or similar requiring longer lead times. As such, parts ordered with longer lead times will be communicated by RRSA to the Coast Guard. All items will be delivered to:

U.S. Coast Guard Surface Forces Logistics Center

2401 Hawkins Point Rd Receiving Room, Bldg. 88 Baltimore MD, 21226-5000 M/F: Contract Number/Delivery Order Number: {Numbers to be furnished at the time of award} Deliveries are accepted M-F, 7:00 a.m. – 1:00 p.m., EST.

Note: On certain occasions, due to urgent shipping or needs, the COR may identify an alternate shipping address of parts. This alternate location will be approved by the KO, after being informed by the COR, and communicated with RRSA for awareness.

B.6 QUESTIONS

Questions related to the solicitation must be emailed to Mark Cap @ Mark.Cap@uscg.mil with a courtesy copy to the Contracting Officer Kiya Plummer-Dantzler @ Kiya.R.Plummer-Dantzler@uscg.mil no later than 11:00 am EST 25 September, 2024. After this date, further requests may not be accepted due to time constraints. All questions shall be submitted via email using the Attachment (3) Request for Clarification Form.

mailto:Mark.Cap@uscg.mil mailto:Kiya.R.Plummer-Dantzler@uscg.mil

B.7 PROPOSAL SUBMITTAL PROCEDURES

It is the contractor’s responsibility to submit a complete package Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals in accordance with FAR 52.212-1, Instructions to Offerors - Commercial Products and Commercial Services.

Proposals must be sent via email to the following individuals:

Contracting Officer Kiya Plummer- Dantzler

Kiya.R.Plummer- Dantzler@uscg.mil

Contracting Specialist Mark Cap Mark.Cap@uscg.mil

An Offeror that fails to meet any due date will be considered “late” in accordance with FAR 52.212-1(f). It is strongly recommended that Offerors follow-up via email to confirm with Mark Cap, Contract Specialist, that the proposal and all its required documentation has been received.

(End of Section B)

SECTION C- CONTRACT PROVISIONS & CLAUSES

C.1 FAR 52.252-1 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):

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

FAR 52.203-2 Certificate of Independent Price Determination. APR 1985 52.204-7 System for Award Management. OCT 2018 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations- Representation. NOV 2015

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. JUN 2020

(End of Provision)

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

https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/content/52202-1-definitions https://www.acquisition.gov/content/52204-7-system-award-management https://www.acquisition.gov/content/52209-2-prohibition-contracting-inverted-domestic-corporations-representation https://www.acquisition.gov/content/52209-2-prohibition-contracting-inverted-domestic-corporations-representation https://www.acquisition.gov/content/52225-25-prohibition-contracting-entities-engaging-certain-activities-or-transactions https://www.acquisition.gov/content/52225-25-prohibition-contracting-entities-engaging-certain-activities-or-transactions

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 these addresses:

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

• www.acquisition.gov/hsar/

FAR 52.202-1 Definitions. JUN 2020 FAR 52.203-3 Gratuities. APR 1984 FAR 52.203-6 ALT I Restrictions on Subcontractor Sales to the Government NOV 2021 FAR 52.203-12 Limitation on Payments to Influence Certain Federal Transactions.

JUN 2020

FAR 52.204-13 System for Award Management Maintenance. OCT 2018 FAR 52.204-18 Commercial and Government Entity Code Maintenance. AUG 2020 FAR 52.204-19 Incorporation by Reference of Representations and Certifications..

DEC 2014

FAR 52.211-17 Delivery of Excess Quantities. SEPT 1989 FAR 52.212-4 Contract Terms & Conditions – Commercial Items NOV 2023 FAR 52.232-1 Payments. APR 1984 FAR 52.232-18 Availability of Funds. APR 1984 FAR 52.232-39 Unenforceability of Unauthorized Obligations. JUN 2013 FAR 52.246-16 Responsibility for Supplies. APR 1984 FAR 52.247-34 F.o.b. Destination. NOV 1991

(End of Clause)

C.3 FAR 52.204-21 Basic Safeguarding of Covered Contractor Information Systems (NOV 2021)

(a) Definitions. As used in this clause— Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments.

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

https://www.acquisition.gov/browse/index/far http://www.acquisition.gov/hsar/ https://www.acquisition.gov/content/52202-1-definitions https://www.acquisition.gov/content/52203-3-gratuities https://www.acquisition.gov/content/52204-13-system-award-management-maintenance https://www.acquisition.gov/content/52204-18-commercial-and-government-entity-code-maintenance https://www.acquisition.gov/content/52204-19-incorporation-reference-representations-and-certifications https://www.acquisition.gov/content/52204-19-incorporation-reference-representations-and-certifications https://www.acquisition.gov/content/52211-17-delivery-excess-quantities https://www.acquisition.gov/content/52232-1-payments https://www.acquisition.gov/content/52232-18-availability-funds https://www.acquisition.gov/content/52232-39-unenforceability-unauthorized-obligations https://www.acquisition.gov/content/52246-16-responsibility-supplies https://www.acquisition.gov/content/52247-34-fob-destination

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

Safeguarding means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial products or commercial services, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of clause)

C.4 FAR 52.204-1 APPROVAL OF CONTRACT (DEC 1989)

This contract is subject to the written approval of Supervisory Contracting Officer and shall not be binding until so approved.

C.5 FAR 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE,

SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB

COVERED ENTITIES (DEVIATION 20-05) (JUL 2024)

(a) Definitions. As used in this clause- Kaspersky Lab covered article means any hardware, software, or service that–

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

(2) Includes any hardware, software, or service developed or provided in whole or in part by a Kaspersky Lab covered entity; or

(3) Contains components using any hardware or software developed in whole or in part by a Kaspersky Lab covered entity.

Kaspersky Lab covered entity means–

(1) Kaspersky Lab;

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

(3) Any entity that controls, is controlled by, or is under common control with

Kaspersky Lab; or

(4) Any entity of which Kaspersky Lab has a majority ownership.

(b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits Government use of any Kaspersky Lab covered article. The Contractor is prohibited from—

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

(2) Using any Kaspersky Lab covered article on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the contract.

(c) Reporting requirement.

(1) In the event the Contractor identifies covered article provided to the Government during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report, in writing, via email, to the Contracting Officer, Contracting Officer's Representative, and the Enterprise Security Operations Center (SOC) at NDAA Incidents@hq.dhs.gov, with required information in the body of the email. In the case mailto:Incidents@hq.dhs.gov of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Enterprise SOC, Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) and Contracting Officer's Representative(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

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

(i) Within 3 business days from the date of such identification or notification:

the contract number; the order number(s), if applicable; supplier name; brand;

model number (Original Equipment Manufacturer (OEM) number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the report pursuant to paragraph (c)(1) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of a Kaspersky Lab covered article, any reasons that led to the use or submission of the Kaspersky Lab covered article, and any additional efforts that will be incorporated to prevent future use or submission of Kaspersky Lab covered articles.

(d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts, including subcontracts for the acquisition of commercial items.

(End of clause)

C.6 FAR 52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT (DEVIATION 20-05) (DEC 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);

https://dibnet.dod.mil/

(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-

(l) 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 of2018 (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)(l)(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)(l)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

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

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

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

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause in writing via email to the Contracting Officer, Contracting Officer's Representative, and the Network Operations Security Center (NOSC) at NDAA Incidents@hq.dhs.gov, with required information in the body of the email. In the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil.

For indefinite delivery contracts, the Contractor shall report to the NOSC, Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) and Contracting Officer's Representative(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.clod.mil.

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

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

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause:

any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

C.7 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)

(a) Definitions. As used in this clause— mailto:Incidents@hq.dhs.gov https://clod.mil/

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.

https://www.acquisition.gov/far/4.2104#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.

https://www.acquisition.gov/far/4.2104#FAR_4_2104

(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)

C.8 LOCAL CLAUSES

CONTRACT ADMINISTRATION

Contract Administration USCG SFLC CPD2, 2401 Hawkins Point Rd., Baltimore, MD 21226-5000 will perform all contract administration.

Communications pertaining to contractual administrative matters shall be addressed to the Contracting Officer (KO) or Contract Specialist (KS) listed below. Changes in, or deviations from, the specification or terms and conditions of the contract shall not be changed without written modification to the contract as executed by a USCG SFLC CPD Contracting Officer.

•Contract Specialist: Mark Cap Email: Mark.Cap@uscg.mil

•Contracting Officer: Kiya Plummer-Dantzler Email: Kiya.R.Plummer-Dantzler@uscg.mil

CONTRACTING OFFICER’S AUTHORITY

No oral or written statement of any person other than the Contracting Officer will in any manner or degree modify or otherwise affect the terms of this contract. The Contracting Officer is the only person authorized to approve changes in any of the requirements under this contract, and, notwithstanding any provisions contained elsewhere in this contract, said authority remains solely with the Contracting Officer. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in cost incurred as a result thereof.

CONTRACTING OFFICER’S REPRESENTATIVE (COR)

A Government employee designated in writing by the Contracting Officer to act as a technical advisor for the Contracting Officer for services/items within the scope of the 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 name of the COR and the authorities and limitations of the COR under the contract. This person does not have a warrant that provides the authority to contractually commit and/or obligate the Government or to modify any terms and conditions of a contract.

COR: TBD

INVOICING REQUIREMENTS

a) WHEN TO SUBMIT: The contractor must first:

-Receive a fully-executed purchase order, contract, delivery order or task (call order) order -Provide the requirements -Have ACTIVE status in the System for Award Management (SAM) at https://www.sam.gov

INVOICE SUBMISSION PROCESS:

(a) A request for payment is proper if it includes the items required by the clause at FAR 52.232-25, Prompt Payment [(a)(3)(i) through (a)(3)(ix)] and those items are accurate. If a request for payment does not include all the items required by the clause at FAR 52.232-25, Prompt Payment, or any information is inaccurate, then the request is not proper and shall be returned to the contractor with a statement of the reason(s) it is not proper. All invoices shall be itemized to correlate to the Schedule of Supplies/Services.

(b) Each invoice shall at a minimum contain the following information:

(1) Invoice Date

(2) Invoice Number

(3) Contract and Delivery/Task Order Number

(4) Contractor’s Name

(5) Contractor’s Address

(6) Contractor’s Unique Entity Identifier (UEI)

(7) Contracting Officer’s Name

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

(9) Invoice Routing Code (IRC) assigned by the Coast Guard as follows: SFLC-2

(10) Period of Performance for Work Invoiced (if applicable)

(11) Contract Line Item Number(s) (CLIN(s)) and Description

(12) The overall dollar amount previously billed, currently billed and unbilled per CLIN(s);

(13) Invoice Total

(14) For Travel: Components in accordance with FAR 31.205-46

(15) Discount Offerings

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

(17) The last invoice submitted for this award shall be clearly labeled with “THIS INVOICE

CONSTITUTES THE FINAL INVOICE – UPON PAYMENT OF THIS INVOICE NO

OTHER MONIES ARE DUE UNDER CONTRACT NUMBER and TASK ORDER NUMBER” (to be assigned upon contract and task order award).

Electronic Submission of Payment Requests (NESSS Awards)

(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) The contractor shall submit payment requests electronically using the Invoice Processing Platform (IPP). The contractor will submit payment requests using the blank form in IPP.

(c) Information regarding IPP, including IPP Customer Support contact information, is available at https://www.ipp.gov or any successor site.

(d) IPP enrollment information is at https://www.uscg.mil/fincen/IPP/

UEI number is the primary identifier in System for Award Management (SAM), formally known as Central Contractor Registration (CCR), (see FAR 52.232-33, Payment by Electronic Funds Transfer – Central Contractor Registration (OCT 2018)). Contractors are located and identified in SAM by their UEI number. Therefore, to facilitate payment, the UEI number shall be recorded on every invoice submitted to the U.S. Coast Guard.

All payments for partial performance rendered by the Government under this contract are based on the assumption that the Contractor will, in good faith, execute and honor all payment terms entered into between it, the Prime Contractor, and any subcontractor thereof in the performance of this contract. The Contractor hereby acknowledges the Government’s right to reduce or suspend progress payments based on non-payment in accordance with any payment terms of the subcontract agreement.

Any amount deemed not payable will be deducted from the Contractor’s invoice.