Attachment 1 - BPA Combined Synopsis and RFQ with Terms and Conditions.pdf

80GRC022Q0001

General and Precision Machining and Fabrication II BPA

Attachment 1 – BPA Combined Synopsis/RFQ with Terms and Conditions

This notice is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation, which is issued as a Request for Quotation (RFQ).

Offers for the work described are due by 5:00 p.m. local Cleveland, OH time, Monday, March 17, 2022 to noah.s.garrison@nasa.gov.

NASA Glenn Research Center has a requirement for “General and Precision Machining/Fabrication II”.

Please see Manufacturing Disciplines in Attachment 3 – Statement of Work for technical disciplines and their requirements/subsets.

The Government intends to acquire commercial items using FAR Part 12 and the Simplified Acquisition Procedures set forth in FAR Part 13. The Government intends to execute a bi-lateral Blanket Purchase Agreement (BPA) with the successful offeror(s). The Government intends to award multiple BPAs in response to this RFQ to promote further competition during the award of BPA calls.

The provisions and clauses in the RFQ can be found via the internet at URL:

https://www.acquisition.gov/browse/index/far. Supplemental provisions and clauses can be found at URL:

https://www.hq.nasa.gov/office/procurement/regs/NFS.pdf

This procurement is a total small business set-aside competition.

The NAICS Code and the small business size standard for this procurement are 332710 and 500 employees, respectively. The offeror shall state in their offer their size status.

All responsible sources may submit an offer which shall be considered by the agency.

Delivery for future BPA calls are to NASA Glenn Research Center, 21000 Brookpark Road, Cleveland, Ohio 44135-3191.

Offerors shall provide the information required by FAR 52.212-1 (JUL 2021), Instructions to Offerors - Commercial Items, which is incorporated by full text in Attachment 2 – Instructions to Offerors with Provisions.

If the end product(s) offered is in response to individual BPA calls is other than domestic end product(s) as defined in FAR 52.225-1 (JAN 2021) entitled "Buy American Act - Supplies," the offeror shall so state and shall list the country of origin.

Complete Evaluation Instructions can be found in Attachment 2 – Instructions to Offerors with Provisions.

The Government will award a contract resulting from this solicitation to the responsible offeror(s) whose offer conforms with the solicitation’s submittal requirements and satisfies the solicitation’s evaluation factors, as described in Attachment 2. The following factors shall be used to evaluate offers:

• Technical Acceptability

• Past Performance

All contractual and technical questions must be in writing (email) to noah.s.garrison@nasa.gov no later than 5:00 p.m. local Cleveland time, Tuesay, March 1, 2022. Telephone questions are not accepted.

Questions may or may not be directly responded to and may or may not result in an amendment to this

RFQ.

Selection and award will be made to Offerors that meet at least one (1) Manufacturing Discipline and all evaluation requirements with consideration given to (but not limited to) the factors of technical acceptability and past performance history. It is critical that offerors provide adequate detail to allow evaluation of their offer. (SEE FAR 52.212-1(b)). Offerors prices will not be evaluated: price competition will take place for individual BPA calls.

Offerors must include completed copies of the provision at 52.212-3 (OCT 2014), Offeror Representations and Certifications - Commercial Items with their offer. The provision may be obtained via the internet at URL: https://www.acquisition.gov/far/52.212-3.

These representations and certifications will be incorporated by reference in any resultant contract.

Center Ombudsman contact information for this acquisition can be found at NASA Clause 1852.215-84, Ombudsman.

It is the offeror's responsibility to monitor the following Internet site for the release of solicitation amendments (if any): https://sam.gov/content/home. Potential offerors will be responsible for downloading their own copy of this combination synopsis/solicitation and amendments (if any).

ARTICLE 1 – ACCEPTANCE OF BLANKET PURCHASE AGREEMENT (BPA)

Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), unless a written notice of withdrawal is received before award. The Contractor’s unconditional acceptance of this BPA, including all terms and conditions herein shall be considered binding upon the delivery of the first Call placed hereunder by the Contracting Officer. Failure of the vendor to comply with any of the terms and conditions or the Statements of Work or any Call placed hereunder may be cause for the immediate termination of this BPA.

ARTICLE 2 – EXTENT OF OBLIGATION

The Government will be obligated under this BPA only to the extent of such Calls as executed by the Contracting Officer.

ARTICLE 3 – PRICING

Following the award of this BPA, the Government will solicit fixed price quotes for individual orders to be competed for among BPA awardees. When submitting an offer in response to a Call, offerors shall offer competitive pricing and include any discounts allowed to the Government. Price competition will take place for BPA Calls.

ARTICLE 4 – CALL LIMITATION

Individual Calls placed under this BPA will not be placed below $10,001.00 and will not exceed $250,000,00. The aggregate dollar amount of all orders under this BPA shall not exceed $4,999,999.00. Orders can only be placed on the discipline that has been specified per vendor.

ARTICLE 5 – PERIOD OF PERFORMANCE/CALL PERIOD

The Period of Performance of this BPA is contract award through [TBD – Five years following Contract award, Government Fill-In (GFI)].

However, this BPA will expire when the aggregate dollar amount of all calls issued equals the dollar limitation set forth in ARTICLE 4, above.

ARTICLE 6 – NOTICE OF INDIVIDUALS AUTHORIZED TO PLACE CALLS AND MAKE CHANGES

At time of award the following individual will be the primary purchaser for this BPA.

Name Organizational Component

Title Dollar Limitation

Noah Garrison NASA GRC Office of

Procurement, Exploration

Systems Branch (Code

CHA)

Contracting Officer $250,000.00

The individual above is the assigned point of contract (POC) authorized to place Calls for any requirement greater than $10,001.00. This individual may change throughout the BPA period of performance. If the POC changes, the Contractor will receive a written notice via email from the former POC or a member of the GRC Office of Procurement; however, a contract modification will not necessarily take place. Therefore, unless changes are received in writing by the Contractor from the assigned POC above, the Contractor assumes all risks involved in any change made to the Call placed in accordance with this BPA.

ARTICLE 7 – SHIPPING INSTRUCTIONS

Shipment(s) of all items called for herein shall be as designated on the individual Call.

ARTICLE 8 – CRITICAL ITEMS

Under the BPA, certain items to be fabricated specified are considered “CRITICAL” and will be so designated on each request for quotation and the resultant Call. Those items/services designated as “critical” are essential to the success of individual projects or programs. Failure to deliver as required will result in the assessment of monetary consideration in an amount to be determined by the Government limited to the order value. Monetary consideration will not relieve the Contractor of its obligations to the Government unless the Government, in its sole discretion, determines otherwise.

Failure to deliver in a timely manner may result in the exclusion of the Contractor from proposing on future work under this BPA.

ARTICLE 9 – ORDERING INSTRUCTIONS

The Government will solicit fixed price quotes containing total costs, number of labor hours, cost per hour, material cost, and delivery on proposed order conditions and specifications. Quotes received will be reviewed and awarded based on the quote that is in the best interest of the Government. The Contractor and any subcontractors shall perform only the work as specified in each order. The Contractor shall manufacture, fabricate, and dimensionally inspect using either inch or metric dimensions in accordance with ANSI Y14.5. Each order may include, but is not limited to, machining, fabrication, spaceflight hardware inspection, and specialty disciplines. All calls will be issued on Standard Form 347, “Order for Supplies and Services”

ARTICLE 10 – ORDERING FOR SPACEFLIGHT USE - MARKING

Orders issued under this BPA will indicate if the item(s) to be delivered are for spaceflight use. If they are for spaceflight use, any shipping containers, shipping documents and purchasing documents shall be marked in accordance with Article 11 of this agreement.

ARTICLE 11 – MARKING OF ITEMS FOR SPACEFLIGHT USE

All markings on shipping containers shall be clearly legible from a distance of 36 inches, may be applied by stencil, rubber stamp or lacquer over coated gummed label. Identical requirements shall be imposed on all sub-tier Contractors.

All markings for spaceflight items shall be blue in color. All shipping containers, shipping documents, and purchasing documents for such items shall be marked as follows: ITEMS FOR SPACEFLIGHT

USE.

A NASA Critical Space Item Label shall be prominently displayed on the exterior of all Class I, Class II, and Class III interim packages and exterior shipping containers to alert all shipping and handling personnel to the criticality of the item in accordance with Section 3.4 of NPR 6000.1 “Requirements for Packaging, Handling, and Transportation for Aeronautical and Space Systems, Equipment, and Associated Components.”

The Contractor’s packaging specifications or procedures may be utilized if they are (i) not in conflict with cited NASA specifications and (ii) approved in writing by the contracting officer or Contracting Officer’s Representative. In any conflict between NASA and Contractor specifications or procedures, the NASA documents cited in this BPA shall take precedence.

ARTICLE 12 – DELIVERIES (BPA)

To the maximum extent practical, all Calls placed under this BPA will be shipped complete. All deliveries shall be made within the schedule agreed upon at time the Call is placed. Provide Material Traceable Records (MTR’s) when required. Obtain heat treatment services or certification for purchased materials when requested. Provide Ultrasonic Testing (UT) services or certifications for purchased metal when requested. At times, testing may be required to be performed to NASA specifications. These specifications will be provided in the individual RFQ’s.

Delivery Tickets: Requirements for all shipments under the BPA shall be accompanied by delivery tickets or sale slips that contain the following minimum information:

1. Name of Vendor

2. BPA Number

3. Date of Purchase

4. Call No. or PO No.

5. Itemized list of supplies furnished

6. Quantity, Unit price, and extension of each item

7. Date of delivery or shipment

ARTICLE 13 – INVOICE PROCEDURES

An itemized invoice shall be submitted upon delivery of each BPA call. As standard practice, payment will not be made until initial inspection and acceptance of the items have occurred.

1852.232-80 SUBMISSION OF VOUCHERS/INVOICES FOR PAYMENT (APR 2018)

(a) The designated payment office is the NASA Shared Services Center (NSSC) located at FMD Accounts Payable, Bldg. 1111, Jerry Hlass Road, Stennis Space Center, MS 39529.

(b) Except for classified vouchers, the Contractor shall submit all vouchers and invoices using the steps described at NSSC’s Vendor Payment information web site at: https://www.nssc.nasa.gov/vendorpayment. Please contact the NSSC Customer Contact Center at 1-877-NSSC123 (1-877-677-2123) with any additional questions or comments.

(c) Payment requests.

(1) The payment periods are stipulated in the payment clause(s) contained in this contract.

(2) Vouchers submitted under cost-type contracts and invoices submitted under fixed-price-contracts shall include the items delineated in FAR 32.905(b) supported by relevant back-up documentation. Back-up documentation shall include at a minimum, the following information:

(i) Vouchers.

(A) Breakdown of billed labor costs and associated Contractor generated supporting documentation for billed direct labor costs to include rates used and number of hours incurred.

(B) Breakdown of billed other direct costs (ODCs) and associated Contractor generated supporting documentation for billed ODCs.

(C) Indirect rate(s) used to calculate the amount of billed indirect expenses.

(D) Progress reports, as required.

(ii) Invoices.

(A) Description of goods and services delivered as part of the contract’s terms and conditions, including the dates of delivery/performance.

(B) Progress reports, as required.

(C) Date goods and services were performed.

(iii) Fee vouchers.

(A) Listing of all provisionally-billed fee by period or date earned since contract award.

(B) A reconciliation of all billed and earned fee.

(C) A clear explanation of the fee calculations.

(d) Non-electronic payment requests. The Contractor may submit a non-electronic voucher/invoice using the steps for non-electronic payment requests described at https://www.nssc.nasa.gov/vendorpayment, when any of the following conditions are met:

(1) The Contracting Officer administering the contract for payment has determined, in writing, that electronic submission would be unduly burdensome to the Contractor.

(2) The contract includes provisions allowing the Contractor to submit vouchers or invoices using the steps for non-electronic payment requests. In such instances the Contractor agrees to submit non-electronic payment requests using the method or methods specified in Section G of the contract.

(e) Improper vouchers/invoices. The NSSC Payment Office will notify the Contractor of any apparent error, defect, or impropriety in a voucher/invoices within seven calendar days of receipt by the NSSC Payment Office. Inquiries regarding requests for payment should be directed to the NSSC as specified in paragraph (b) of this section.

(f) Other payment clauses. In addition to the requirements of this clause, the Contractor shall meet the requirements of the appropriate payment clauses in this contract when submitting payment requests.

(g) In the event that amounts are withheld from payment in accordance with provisions of this contract, a separate payment request for the amount withheld will be required before payment for that amount may be made.

(End of clause)

ARTICLE 14 – REQUESTS FOR QUOTATION

Requests for quotation will be made in writing only. Response time will be specified in each request.

ARTICLE 15 – NOTIFICATION OF DELAY IN DELIVERY SCHEDULE

The Contractor shall notify the Contracting Officer within five (5) business days after receipt of a Call, if for some valid reason, the cited delivery schedule cannot be met. If this occurs, the Contractor may either (a) unilaterally remove itself from the order, if appropriate, or (b) request an extension to the delivery date. Additionally, if in the performance of a Call after five (5) business days from receipt of the Call, the Contractor finds that it cannot deliver as required, the Contractor shall promptly notify the Contracting Officer by email requesting an extension and shall indicate when delivery can be accomplished. If the Government grants any requested extension to the delivery schedule, the Government may require adequate consideration to offset the change. Some examples of considerations include, but are not limited to, an equitable reduction in price and/or an extended warranty. Items considered “critical” will be treated in accordance with this Article and Article 8 - CRITICAL ITEMS/SERVICES. As with those items designated as critical, failure to deliver non-critical items may result in exclusion of the Contractor from proposing on future work under this BPA.

ARTICLE 16 – INSPECTION AND ACCEPTANCE (GRC 52.246-92) (JAN 1987)

Final inspection and acceptance of all work performed under this contract, including all deliverable items will be performed at NASA GRC by a Government technical representative designated by the Contracting Officer.

Acceptance shall be deemed to have occurred constructively - for the sole purpose of computing any interest penalty that might be due the Contractor under the Prompt Payment Act -- on the 30th day after the Contractor had delivered the supplies in accordance with the terms and conditions of the BPA, unless there is a disagreement over quality or quantity. In the event that acceptance occurs within the constructive acceptance period, the determination of an interest penalty shall be on the date of acceptance.

In the event that an unacceptable product is delivered to the Government, the Contractor is responsible for the delivery of a product deemed acceptable by the Government at the Contractor’s own expense.

The Government reserves the right to visit a Contractor facility, for any reason, throughout the contract Period of Performance. In the event of a visit, the Contracting Officer will provide notification to the Contractor at least three (3) days in advance.

ARTICLE 17 – GOVERNMENT FURNISHED PROPERTY

The Government shall have the right, in accordance with FAR 52.245-1, Government Property (Jan 2017), to furnish such material for an Individual Call which in its sole discretion, it may deem to be in the interest of the Government. Any such material will be specified in Individual Calls.

ARTICLE 18 – NOTICE OF DISCONTINUANCE OF BPA

This BPA provides for the unilateral discontinuance of this BPA upon 30 days written notice by either party; provided, however, that regardless of any notice of termination the Contractor must complete any current obligations to the Government under any outstanding Order.

ARTICLE 19 – CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2) (FEB 1998).

A. The following clauses are hereby incorporated in this BPA by reference with the same force and affect as set forth in full. 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):

The FAR may be obtained via the Internet at URL: https://www.acquisition.gov/browse/index/far

The NFS may be obtained via the Internet at URL:

https://www.hq.nasa.gov/office/procurement/regs/NFS.pdf

CLAUSE TITLE DATE

52.202-1 Definitions JUN 2020 52.203-3 Gratuities APR 1984 52.203-12 Limitation on Payments to Influence Certain Federal JUN 2020 Transactions 52.204-4 Printed or Copied Double-Sided on Post Consumer Fiber MAY 2011 Content Paper 52.204-10 Reporting Executive Compensation and First-Tier JUN 2020 Subcontract Awards 52.204-13 System for Award Management Maintenance OCT 2018 52.204-19 Incorporation by Reference of Representations and DEC 2014 Certifications 52.211-14 Notice of Priority Rating for National Defense, Emergency Preparedness, a Preparedness, and Energy Program Use APR 2008 52.211-15 Defense Priority and Allocation Requirements APR 2008 52.211-17 Delivery of Excess Quantities SEP 1989 52.212-4 Contract Terms and Conditions-Commercial Items NOV 2021 52.215-8 Order of Preference – Uniform Contract Format OCT 1997 52.217-2 Cancellation under Multiyear Contracts OCT 1997 52.219-28 Post-Award Small Business Program Rerepresentation SEP 2021 52.222-1 Notice of the Government of Labor Disputes FEB 1997 52.222-4 Contract Work Hours and Safety Standards – Overtime MAY 2018 Compensation 52.222-20 Contracts for Materials, Supplies, Articles and Equipment JUN 2020 52.222-26 Equal Opportunity SEP 2016 52.222-37 Employment Reports on Veterans JUN 2020 52.222-54 Employment Eligibility Verification NOV 2021 52.227-14 Rights in Data-General MAY 2014 52.229-3 Federal, State and Local Taxes FEB 2013 52.229-11 Tax on Certain Foreign Procurements – Notice and JUN 2020 Representation 52.232-1 Payments APR 1984 52.232-8 Discounts for Prompt Payment FEB 2002 52.232-11 Extras APR 1984 52.232-17 Interest MAY 2014

52.232-23 Assignment of Claims MAY 2014 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business NOV 2021 Subcontractors 52.233-1 Disputes (May 2014) – Alternate I MAY 2014 52.242-2 Production Progress Reports APR 1991 52.242-13 Bankruptcy JUL 1995 52.242-15 Stop-Work Order AUG 1989 52.243-1 Changes-Fixed Price AUG 1987 52.243-7 Notification of Changes JAN 2017 52.245-1 Government Property SEP 2021 52.245-9 Use and Charges APR 2012 52.246-2 Inspection of Supplies-Fixed-Price AUG 1996 52.246-11 Higher-Level Contract Quality Requirement DEC 2014 52.246-15 Certificate of Conformance APR 1984 52.246-16 Responsibility of Supplies APR 1984 52.246-26 Reporting Nonconforming Items NOV 2021 52.247-24 Advance Notification by the Government APR 1984 52.247-55 F.O.B. Point for Delivery of Government-Furnished JUN 2003 52.249-2 Termination for Convenience of the Government APR 2012 (Fixed-Price) 52.249-8 Default (Fixed-Price Supply and Service) APR 1984 52.253-1 Computer Generated Forms JAN 1991

B. NASA/FAR Supplement Clauses

CLAUSE TITLE DATE

1852.203-70 Display of Inspector General Hotline Posters JUN 2011 1852.203-71 Requirement To Inform Employees of Whitstleblower Rights AUG 2014 1852.215-84 Ombudsman NOV 2011 Contact: Harvey Schabes Contact: Gwynn Severt NASA Glenn Research Center NASA Glenn Research Center

(216) 433-5309 (216) 433-8310 harvey.l.schabes@nasa.gov gwynn.a.severt@nasa.gov 1852.223-75 Major Breach of Safety or Security FEB 2002 1852.223-75 Major Breach of Safety or Security – Alternate I FEB 2006 1852.225-70 Export Licenses FEB 2000 1852.225-71 Restriction on Funding Activity with China FEB 2012

(DEVIATION)

1852.227-14 Rights in Data – General APR 2015 1852.232-80 Submission of Vouchers/Invoices for Payment APR 2018 1852.237-72 Access to Sensitive Information JUN 2005 1852.237-73 Release of Sensitive Information JUN 2005 1852.245-73 Financial Report of NASA Property in the Custody of JAN 2017 Contractors 1852.245-74 Identification and Marking of Government Equipment JAN 2011 1852.245-75 Property Management Changes JAN 2011 1852.245-76 List of Government Property Furnished Pursuant to FAR JAN 2011 52.245-1 1852.245-78 Physical Inventory of Capital Personal Property AUG 2015 1852.246-71 Government Contract Quality Assurance Functions OCT 1988

ARTICLE 20 – CLAUSES INCORPORATED BY FULL TEXT

A. FAR Clauses

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).

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)

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT. (Nov 2021)

(a) Definitions. As used in this clause—

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

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

Covered telecommunications equipment or services means–

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

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou

Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

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

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

Critical technology means–

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

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

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

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

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

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

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

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

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

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

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

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

(b) Prohibition.

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

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

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

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

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

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

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

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

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

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

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

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph

(e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products or commercial services.

52.209-1 QUALIFICATION REQUIREMENTS (FEB 1995)

(a) Definition. "Qualification requirement," as used in this clause, means a Government requirement for testing or other quality assurance demonstration that must be completed before award.

(b) One or more qualification requirements apply to the supplies or services covered by this contract.

For those supplies or services requiring qualification, whether the covered product or service is an end item under this contract or simply a component of an end item, the product, manufacturer, or source must have demonstrated that it meets the standards prescribed for qualification before award of this contract. The product, manufacturer, or source must be qualified at the time of award whether or not the name of the product, manufacturer, or source is actually included on a qualified products list, qualified manufacturers list, or qualified bidders list. Offerors should contact the agency activity designated below to obtain all requirements that they or their products or services, or their subcontractors or their products or services, must satisfy to become qualified and to arrange for an opportunity to demonstrate their abilities to meet the standards specified for qualification.

(Name) ___________________________________________

(Address) _________________________________________

(c) If an offeror, manufacturer, source, product or service covered by a qualification requirement has already met the standards specified, the relevant information noted below should be provided.

Offeror’s Name _____________________________________

Manufacturer’s Name______ __________________________

Source’s Name _____________________________________

Item Name ________________________________________

Service Identification ________________________________

Test Number _______________________________________ (to the extent known)

(d) Even though a product or service subject to a qualification requirement is not itself an end item under this contract, the product, manufacturer, or source must nevertheless be qualified at the time of award of this contract. This is necessary whether the Contractor or a subcontractor will ultimately provide the product or service in question. If, after award, the Contracting Officer discovers that an applicable qualification requirement was not in fact met at the time of award, the Contracting Officer may either terminate this contract for default or allow performance to continue if adequate consideration is offered and the action is determined to be otherwise in the Government’s best interests.

(e) If an offeror, manufacturer, source, product or service has met the qualification requirement but is not yet on a qualified products list, qualified manufacturers list, or qualified bidders list, the offeror must submit evidence of qualification prior to award of this contract. Unless determined to be in the Government’s interest, award of this contract shall not be delayed to permit an offeror to submit evidence of qualification.

(f) Any change in location or ownership of the plant where a previously qualified product or service was manufactured or performed requires reevaluation of the qualification. Similarly, any change in location or ownership of a previously qualified manufacturer or source requires reevaluation of the qualification. The reevaluation must be accomplished before the date of award.

(End of clause)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JAN 2022)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115- 91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[Contracting Officer check as appropriate.]

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment

Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Jun 2020) (31 U.S.C. 6101 note).

__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

__ (10) [Reserved].

__ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Sep 2021) (15 U.S.C. 657a).

__ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Sep 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (13) [Reserved]

_X (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-6.

__ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-7.

__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Nov 2016) of 52.219-9.

__ (iii) Alternate II (Nov 2016) of 52.219-9.

__ (iv) Alternate III (Jun 2020) of 52.219-9.

__ (v) Alternate IV (Sep 2021) of 52.219-9.

_X_ (18) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

__ (ii) Alternate I (Mar 2020) of 52.219-13.

__ (19) 52.219-14, Limitations on Subcontracting (Sep 2021) (15 U.S.C. 637s).

__ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Sep 2021) (15 U.S.C. 657f).

__ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Sep 2021) (15 U.S.C. 632(a)(2)).

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

__ (23) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Sep 2021) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Sep 2021) (15 U.S.C. 637(m)).

__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

__ (26) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15U.S.C. 637(a)(17)).

_X_ (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

X_ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan2020) (E.O.13126).

_X_ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

__ (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

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

_X_ (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

__ (ii) Alternate I (Jul 2014) of 52.222-35.

_X_ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

__ (ii) Alternate I (Jul 2014) of 52.222-36.

__ (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

X_ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

X_ (35) (i) 52.222-50, Combating Trafficking in Persons (Oct 2020) (22 U.S.C. chapter 78 and

E.O. 13627).

__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

_X_ (36) 52.222-54, Employment Eligibility Verification (Nov 2021). (Executive Order 12989).

(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in 22.1803.)

__ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

__ (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Oct 2015) of 52.223-13.

__ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun2014) of 52.223-14.

__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).

__ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-16.

_X (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

__ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (46) 52.223-21, Foams (Jun2016) (E.O. 13693).

__ (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

__ (ii) Alternate I (Jan 2017) of 52.224-3.

_X (48) 52.225-1, Buy American-Supplies (Jan2021) (41 U.S.C. chapter 83).

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Jan 2021)(41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I (Jan 2021) of 52.225-3.

__ (iii) Alternate II (Jan 2021) of 52.225-3.

__ (iv) Alternate III (Jan 2021) of 52.225-3.

X (50) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X_(51) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C. 5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150).

__ (55) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

X (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

X (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) (31 U.S.C. 3332).

__ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (60) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

__ (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. 55305 and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

__ (iii) Alternate II (Feb 2006) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[Contracting Officer check as appropriate.]

__ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).

__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (29U.S.C.206 and 41 U.S.C. chapter 67).

__ (5) 52.222-51, Exemption from…