Att 008 21R1909 Provisions and Clauses.pdf

Attachment 008

M67854-21-R-1909

008-1

Provisions and Clauses

52.202-1 Definitions NOV 2013

52.203-13

Contractor Code of Business Ethics and Conduct

Prohibition on Requiring Certain Internal Confidentiality

OCT 2015

52.204-7

System for Award Management

Reporting Executive Compensation and First-Tier

OCT 2018

52.204-13 System for Award Management Maintenance OCT 2018

52.204-16 Commercial and Government Entity Code Reporting JUL 2016

52.204-18 Commercial and Government Entity Code Maintenance JUL 2016

52.204-21

52.209-7

Basic Safeguarding of Covered Contractor Information

Systems

Information Regarding Responsibility Matters

JUN 2016

OCT 2018

52.209-11

Representation by Corporations Regarding Delinquent

Tax Liability or a Felony Conviction under any Federal

Law

FEB 2016

52.212-4 Contract Terms and Conditions – Commercial Items OCT 2018

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.247-34 F.O.B. Destination NOV 1991

52.247-48 F.O.B. Destination – Evidence of Shipment FEB 1999

252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower

Rights

SEP 2013

252.203-7003 Agency Office of the Inspector General AUG 2019

252.203-7005

252.204-7000

Representation Relating to Compensation of Former

DoD Officials

Disclosure of Information

NOV 2011

OCT 2016

252.204-7003 Control of Government Personnel Work Product APR 1992

252.204-7008 Compliance with Safeguarding Covered Defense

Information Controls

OCT 2016

252.204-7009 Limitations on the Use or Disclosure of Third-Party

Contractor Reported Cyber Incident Information

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

OCT 2016

252.204-7015

252.204-7018

252.205-7000

Notice of Authorized Disclosure of Information for

Litigation Support

Prohibition on the Acquisition of Covered Defense

Telecommunications Equipment or Services

Provision of Information to Cooperative Agreement

Holders

MAY 2016

DEC 2019

DEC 1991

252.209-7004

252.215.7007

Subcontracting with Firms That Are Owned or

Controlled By The Government of a Country that is a

State Sponsor of Terrorism

Notice of Intent to Resolicit

MAY 2019

JUN 2012

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252.215.7008 Only One Offer JUL 2019

252.225-7001 Buy American and Balance of Payments Program –

Basic

DEC 2017

252.225-7002 Qualifying Country Sources as Subcontractors DEC 2017

252.225-7012 Preference for Certain Domestic Commodities DEC 2017

252.225-7021 Trade Agreements - Basic SEP 2019

252.225-7048

252.227-7013

252.227-7015

252.227-7016

252.227-7025

252.227-7030

252.227-7037

252.232-7003

252.232-7010

Export-Controlled Items

Rights in Technical Data--Noncommercial Items

Technical Data--Commercial Items

Rights in Bid or Proposal Information

Limitations on the Use or Disclosure of Government-

Furnished Information Marked with Restrictive Legends

Technical Data--Withholding Of Payment

Validation of Restrictive Markings on Technical Data

Electronic Submission of Payment Requests and

Receiving Reports

Levies on Contract Payments

JUN 2013

FEB 2014

FEB 2014

JAN 2011

MAY 2013

MAR 2000

SEP 2016

DEC 2018

DEC 2006

252.243-7002 Requests for Equitable Adjustment DEC 2012

252.244-7000

252.246-7001

252.246-7008

Subcontracts for Commercial Items

Warranty of Data

Sources of Electronic Parts

JUN 2013

MAR 2014

MAY 2018

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. In addition, the full text of a clause, electronically, is at the below listed site:

https://www.acquisition.gov/content/regulations

(End of clause)

52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (JUN 2020).

To be eligible for award, an Offeror’s proposal shall contain the following information, which the Government will evaluate under FAR 52.212-2:

All required documents shall be submitted as separate files and adhere to the page and formatting restrictions identified below.

1. Price: Offerors shall submit a price proposal using the Proposal Submission Form

(Attachment 007) for all Contract Line Item Numbers (CLINs). Prices are to be F.O.B.

Destination to within the continental United States. Offerors proposed pricing shall be valid for one year from date of submission.

2. Technical: Offerors shall provide a technical proposal identifying the proposed material https://www.acquisition.gov/content/regulations

008-3 solution that satisfies the requirements in the Statement of Work (SOW) and shall include the following per Table 1 below.

Table 1: Technical Proposal Criteria

Criterion Requirement

Berry Amendment

Self Certification

The Defense Appropriations and Authorizations Acts and other

Statutes (including what is commonly referred to as the “Berry

Amendment”) imposes restrictions on the DOD’s acquisition of foreign products and services. A preference for certain domestic commodities is required by 10 USC 2533a and DFARS 252.225-7012.

These references require the Department of Defense to acquire specific end items or components that have been grown, reprocessed, reused, or produced in the United States. Items provided under this solicitation and the resulting contract shall be compliant with the above references, as applicable.

Offerors shall maintain additional documentation substantiating the claim that all materials, including components and raw materials, submitted under this solicitation and the resultant contract are Berry

Amendment Compliant. Offerors shall be able to provide this documentation to Government personnel upon request.

The certification must be from the Offeror and must not contain any alternative wording:

I, (sign name here), in submitting this offer under solicitation number

M67854-21-R-1909, affirm that only products compliant with the

Berry Amendment (10 USC 2533a) will be delivered to the

Government. To the extent required under (10 USC 2533a) and

DFARS 252.225-7012, As such, all items delivered, either as end products or components, will be grown, reprocessed, reused, or produced in the United States (as defined in DFARS 252.225-7012(b) included by reference herein). This certification covers all materials

(including those of all components) and components supplied by subcontractors at any tier, and all labor (including that of all intervening processes), whether performed by the Offeror or any of its subcontractors at any tier.

Product

Demonstration

Models (PDMs)

The Offerors shall provide four Trigger Finger Mitten Systems

(TFMS), consisting of a shell and liner, sizes Small, Medium, Large, and X Large with the proposal. The PDMs shall be in compliance with the specifications of the proposal.

The PDMs shall contain a label that includes the Solicitation number, unique identifier (e.g., sample number) and the Offeror’s Name.

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Criterion Requirement

Additional information including the combination size/identification/instruction label are not required for the PDMs.

Furthermore, each PDM shall be assembled and shall meet all requirements including end item visual and finished dimensions in accordance with the specifications provided.

Small Business Self

Certification

In accordance with 13 CFR 121.1009(g)(5), if the Offeror has received an adverse size determination from SBA, it cannot self-certify as a small business under the same or lower size standard unless it is first recertified as small by SBA. As such, the Offeror must indicate whether it has ever received an adverse size determination from SBA and if it has, the Offeror must provide a copy of the SBA recertification.

Manufacturing Written documentation detailing the Offeror’s Quality Management

System (QMS).

Manufacturing capacity addressing ability to produce a minimum of

1,000 TFMS/month within 60 days of receiving production authorization; and a minimum of 2,000 TFMS/month within 90 days of receiving production authorization. This production capability rate must be maintained until all deliveries are complete.

Written documentation detailing the Offeror’s contingency plans should production facilities be impacted by natural disasters or pandemics.

A Supply Chain Management Chart demonstrating the use of Berry

Amendment compliant materials for constructing the TFMS, as well as the complete physical address for each supplier. The Supply Chain

Management Chart must include the manufacturer/supplier name, the material provided, and the manufacturing location. The chart may be incorporated into the final contract and become a quality assurance reference.

The technical proposal (cover page included) shall not exceed fifteen pages and shall be in accordance with the below format:

Single-spaced typed lines;

One inch margins on all sides;

12-point font using Times New Roman;

Include page numbers in the footers and the RFP number on each page in the header;

No outside hyperlinks or external materials.

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Product Demonstration Models (PDMs)

The solicitation requires the submission of four TFMSs to be submitted with the proposal. The

PDMs shall be in compliance with the specifications of the proposal. The four PDMs shall be one of each of the following sizes: Small, Medium, Large, and X-Large. All PDMs shall be marked with the appropriate size.

Offerors are advised that PDMs will not be returned.

3. Past Performance: Offerors shall submit no more than three past performance citations within the previous three years that are relevant to the efforts required by this solicitation using the Proposal Submission Form (Attachment 007). Where Offerors submit more than three past performance citations, the Government will only evaluate the three most recent citations.

Finalized Contractor Performance Assessment Reports (CPARs) are acceptable as past performance citations.

At a minimum, past performance information shall include the following:

Contract number and item description

Dollar Value and delivery quantity

Delivery schedule

Statement regarding the ability to provide a quality product within the contracted price in accordance with the delivery schedule.

Government Point of Contact to include name, email and telephone

Proposal Submission Instructions:

Offerors shall submit one original proposal via the DOD SAFE Site and the four PDMs as follows.

Proposals shall not contain classified information.

Failing to adhere to these instructions may result in the Government removing the proposal from consideration in the source selection process. Offerors may submit only one proposal in response to this solicitation.

1) Upload Original proposal packages to the DOD SAFE site no later than 1000

Eastern Time on 14 June 2021.

Offerors shall submit their response to solicitation M67854-21-R-1909 via the DOD Secure

Access File Exchange (SAFE) site - https://safe.apps.mil/. Offerors shall send an email to the

Contract Specialist at erin.howard1@usmc.mil, with a courtesy copy to the Contracting Officer at Peggy.L.Smith1@usmc.mil for a drop-off request allowing ample time for the Offeror to upload their submission. DOD SAFE drop-off requests are valid for 14 days from date of creation. Late proposal submissions due to last minute drop-off requests will not be accepted.

Once the Contract Specialist creates a drop-off, the Offeror will receive a notification to access the SAFE site and drop-off its written proposal. The Contract Specialist must receive the written proposal by the date and time listed above.

https://safe.apps.mil/

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Note: Problems accessing the DoD SAFE site by external (non-CAC) users are typically due to

SSL and/or client certificate issues. If the user receives a warning about a problem with the website's security certificate, this is because their browser is not configured to trust the DOD certificate authorities. The user can either import the DOD certificate authorities by following the instructions in the DOD PKI PMO's guide on Install Root or they can accept the risk and click on the option to continue to the website.

2) Submit PDMs to the below address no later than 1000 Eastern Time on 14 June

2021.

Marine Corps Systems Command

2201A Willis Street

Quantico, VA 22134-5010

ATTN: ERIN HOWARD, RFP: M67854-21-R-1909

(End of Provision)

52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)

The Government reserves the right to incorporate by reference, some, or all of the Offeror’s proposal under this solicitation. No statement within the Offeror’s proposal will grant the awardee relief from the existing requirements.

Evaluation Factors for Award

This acquisition uses Best Value Tradeoff Source Selection procedures in accordance with FAR

15.101-1. The Government anticipates awarding a maximum of four, 60-month (consisting of one five-year ordering period), Indefinite Delivery / Indefinite Quantity, Firm Fixed Price (FFP) contracts for the TFMS to an Offeror whose proposal (1) complies with the solicitation’s terms and conditions, (2) meets or exceeds the solicitation’s requirements, and (3) is the most advantageous to the Government, based upon the Government’s assessment of the evaluation factors and elements.

Upon the award of the IDIQ contracts, the Government will procure 100 TFMS (tariff to be determined at time of award) from the awardee via Delivery Order for Pre-Production

Validation. Delivery is required within 60 days of order placement. Upon the inspection of the pre-production validation, the government will determine the award of subsequent delivery orders.

Prior to evaluation, all proposals will be reviewed for compliance with the terms and conditions related to the submission instructions in the Addendum to 52.212-1. The evaluation process consists of two phases:

Phase 1: Go/No Go Criteria

Phase 2: Tradeoff Evaluation

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Phase 1 – Go/No Go Criteria

The Government will evaluate, but not rate, proposals based on four Go/No Go criteria. An offer failing to meet any one of the four Go/No Go criteria is not eligible for award. The Government will remove from evaluation any proposal failing to meet any one of the following Go/No Go criteria:

Criterion 1. The TFMS shall be Berry Amendment compliant. Offerors must submit a signed self-certification certifying Berry Amendment compliance in accordance with Addendum

52.212-1, Paragraph 2 Technical, Table 1. Offerors that provide the signed self-certification will receive a “GO.” Offerors that do not provide the signed self-certification will receive a “NO

GO” and the proposal will receive no further evaluation.

Criterion 2. Four PDMs must be provided, one in each of the following sizes: Small, Medium, Large, and X-Large. Offerors that provide all four PDMs (one in each size) will receive a “GO.”

Offerors that do not provide all four PDMs or provide PDMs in the incorrect sizes, will receive a

“NO GO” and the proposal will receive no further evaluation.

Criterion 3. The TFMS must meet all government design criteria outlined in the end item Detail

Specifications, to include:

Spec # MIL-TFM-003, Mitten Shell, Trigger Finger: paragraph 3.5 – Design, and Figures 1 & 2;

Spec #MIL-TFM-005, Mitten Liner, Trigger Finger: paragraph 3.5 – Design, and Figures 1, 2 &

3.

Criterion 4. Offerors shall meet the minimum manufacturing capacity of 1,000 TFMS/month within 60 days of receiving production authorization; and a minimum of 2,000 TFMS/month within 90 days of receiving production authorization. Offerors that provide written confirmation of the minimum production capacity will receive a “GO.” Offerors that do not provide written confirmation of the minimum production capacity will receive a “NO GO” and the proposal will receive no further evaluation.

Phase 2 – Tradeoff Evaluation

The Government will evaluate proposals receiving a “GO” in all criteria for strengths, weaknesses, significant weaknesses, and deficiencies for compliance with the performance parameters.

When making the best value determination, the Government will evaluate offers using the following factors and elements:

Table 2: Evaluation Factors

Factor 1 Technical Performance

- Element 1 End Item Visual Evaluation

- Element 2 Dimensional and Fit Evaluation

- Element 3 Performance Requirements Compliance

- Element 4 Manufacturing

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Factor 2 Past Performance

Factor 3 Price

The Government will evaluate requirements without a monetized or defined value based on the relative importance to other factors. Evaluation factors other than cost or price, when combined, are significantly more important than price. The importance of price as a factor in the final award determination will increase with the degree of equality in the non-price factors of the proposal. The Government will evaluate Past Performance as either “acceptable” or

“unacceptable.”

The Government intends to evaluate proposals and award one contract to the Responsible

Offeror with the best value and the ability to provide all CLINs on an "initial offer" without discussions. If discussions are necessary, the Government will establish a competitive range and notify all Offerors of their inclusion or exclusion. The Government will hold discussions with

Offerors in the competitive range and also notify Offerors eliminated from the competitive range in writing in accordance with FAR 15.503.

Factor 1: Technical Performance

Factor 1 consists of the following four elements:

Element 1: End Item Visual Evaluation

Element 2: Dimensional and Fit Evaluation

Element 3: Performance Requirements Compliance

Element 4: Manufacturing

Element 1: End Item Visual Evaluation

The Government will evaluate the PDMs submitted in accordance with the TFMS Detailed

Specifications (MIL-TFM-003 and MIL-TFM-005, Attachments 002 and 003).

Element 2: Dimensional and Fit Evaluation

The Government will verify and evaluate PDMs submitted in accordance with the TFMS

Detailed Specifications (MIL-TFM-003 and MIL-TFM-005, Attachments 002 and 003). The four PDMs will be evaluated against the finished dimension requirements as specified in the detailed specification. The PDMs may be disassembled for the evaluation as required.

Element 3: Performance Requirements Compliance

The Government will evaluate the required test data submitted in accordance with the TFMS

Detailed Specifications (MIL-TFM-003 and MIL-TFM-005, Attachments 002 and 003) to verify the submitted PDMs meet the physical requirements. The Government will evaluate certificate of compliances submitted for all fabrics and trim materials used in the fabrication. Preference will be given to fabrics that meet all or as many of the fabric salient characteristics requirements.

Element 4: Manufacturing

The Government will use the information Offerors provide to evaluate the Offeror’s capability to manufacture quality and quantity. The minimum required production rate is 1,000 TFMS per month within 60 days of receiving production authorization, and 2,000 TFMS per month within

90 days of receiving production authorization. This rate must be maintained until delivery is

008-9 complete. The Government may visit the Offeror’s manufacturing facility to validate Offeror-provided information.

Factor 1 Combined Technical/Risk Rating

The Government will use the following table to apply an adjectival rating in the evaluation of

Factor 1. Deficiencies, strengths, weaknesses, and significant weaknesses will be assessed at the

Element level under Factor 1.

Table 3: Combined Technical/Risk Rating Method

Color

Rating

Adjectival

Rating

Description

Blue Outstanding Proposal indicates an exceptional approach and understanding of the requirements and contains multiple strengths, and risk of unsuccessful performance is low.

Purple Good Proposal indicates a thorough approach and understanding of the requirements and contains at least one strength, and risk of unsuccessful performance is low to moderate.

Green Acceptable Proposal meets requirements and indicates an adequate approach and understanding of the requirements, and risk of unsuccessful performance is no worse than moderate.

Yellow Marginal Proposal has not demonstrated an adequate approach and understanding of the requirements, and/or risk of unsuccessful performance is high.

Red Unacceptable Proposal does not meet requirements of the solicitation, and thus, contains one or more deficiencies, and/or risk of unsuccessful performance is unacceptable. Proposal is unawardable.

DEFINITIONS

1. Deficiency: A material failure of a proposal to meet a Government requirement or a combination of significant weaknesses in a proposal that increases the risk of unsuccessful contract performance to an unacceptable level.

2. Strength: Any aspect of a proposal that has merit or exceeds specified performance or capability requirements in a way that will be advantageous to the Government during contract performance.

3. Weakness: A flaw in the proposal that increases the risk of unsuccessful contract performance.

4. Significant Weakness: A flaw in the proposal that appreciably increases the risk of unsuccessful contract performance.

Factor 2: Past Performance

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The Government will evaluate proposals to determine whether the Offeror has an acceptable past performance record using sources the Offeror provides and other sources available to the

Government. The Government will only evaluate the three most recent citations in cases where

Offerors submit more than three past performance citations. To evaluate past performance, the

Government will determine whether each Offerors’ present/past performance efforts are recent, in accordance with 52.212-1 Instructions to Offerors – Commercial Items, and relevant or not relevant.

For this effort, relevant and not relevant are defined as follows:

Relevant: Past/present performance efforts involving cut and sew activities.

Not Relevant: Past/present performance efforts involving little or no cut and sew activities.

Then the Government will evaluate relevant present/past performance efforts to determine how well the Offeror performed on the prior/current contracts. The Government will establish an overall rating per FAR 15.305(a)(2) for the Offeror’s ability to meet the solicitation’s requirements. Table 5 below defines the ratings:

Table 4: Past Performance Ratings

ADJECTIVAL RATING DESCRIPTION

Acceptable Based on the Offeror’s performance record, the Government has a reasonable expectation that the Offeror will successfully perform the required effort, or the Offeror’s performance record is unknown.**

Unacceptable Based on the Offeror’s performance record, the Government does not have a reasonable expectation that the Offeror will be able to successfully perform the required effort

** In the case of an Offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the Offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305(a) (2) (iv)). Therefore, the Offeror shall be determined to have unknown (or “neutral”) past performance. In the context of acceptability or unacceptability, a neutral rating is acceptable.

Factor 3: Price

The Government will evaluate each Offeror’s price for completeness and reasonableness. The

Government will calculate price by totaling the sum of all CLINs (CLIN quantity multiplied by

CLIN unit price). The Government will not entertain step-ladder pricing. In its evaluation, the

Government may use published data, same or similar DOD contracts, government estimates, industry standards, Defense Contract Audit Agency (DCAA) audit information, or other appropriate information to determine reasonableness. All price information shall be in U.S.

dollars. Prices are to be Free On-Board (FOB) Destination.

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A written notice of award or acceptance of an offer mailed or otherwise furnished to the successful Offeror within one year from date of the offer, shall result in a binding contract without further action by either party. Before the one year expiration time, the Government may accept an offer (or part of an offer), regardless whether there are negotiations after its receipt, unless the government receives a written notice of withdrawal before award.

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance

Services or Equipment (AUG 2020)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the

Offeror has represented that it “does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument” in the provision at 52.204-26, Covered

Telecommunications Equipment or Services—Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items.

(a) Definitions. As used in this provision-

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

Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization

Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after

August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

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

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal

Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any

008-12 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) Representations. 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

008-13

(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.

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(End of provision)

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment (AUG 2020)

(a) Definitions. As used in this clause—

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People's Republic of China.

Covered telecommunications equipment or services means—

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE

Corporation (or any subsidiary or affiliate of such entities);

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

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

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

Critical technology means—

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

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

Federal Regulations, and controlled—

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(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

008-16 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.

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(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.

(End of clause)

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)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--

COMMERCIAL ITEMS (MAR 2020)

The Offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management

(SAM) Web site located at http://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.sam.gov/ http://www.sam.gov/portal

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(a) Definitions. As used in this provision--

“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13

CFR part 127. It automatically qualifies as a women-owned small business eligible under the

WOSB Program.

“Forced or indentured child labor” means all work or service—

(6) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(7) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Highest-level owner” means the entity that owns or controls an immediate owner of the Offeror, or that owns or controls one or more entities that control an immediate owner of the Offeror. No entity owns or exercises control of the highest-level owner.

“Immediate owner” means an entity, other than the Offeror, that has direct control of the Offeror.

Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities, and equipment, and the common use of employees.

“Inverted domestic corporation,” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Manufactured end product,” means any end product in product and service codes (PSCs) 1000-

9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural, and Forestry Products;

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(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

“Place of manufacture,” means the place where a product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets

Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

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(2) Does not include information or informational materials the export of which the

President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“Small disadvantaged business concern, consistent with 13 CFR 124.1002,” means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR

124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at

13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at

13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1) (i) and (ii) of this definition.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

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(2) Through another subsidiary of a parent corporation.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

“Veteran-owned small business concern” means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38

U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern --

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127),” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

(b)

(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b) (2) of this provision do not automatically change the representations…