Attachment 1 - RFP_70US0925R70093098.pdf

Attachment 1 - 70US0925R70093098

SOLICITATION

SECTION B, SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SCHEDULE OF SUPPLIES/SERVICES

All cost/pricing shall be per the CLIN structure contained within the pricing Table (Attachment 2).

Additional price elements not included in the defined format and structure are not permitted.

B.2 CONTRACT MINIMUM AND MAXIMUM (Ordering Procedures)

(a) Ordering procedures are contained within SOR paragraphs 5.3. Orders may be placed throughout the

5-year ordering period up to the maximum quantities identified in the below table.

(b) The guaranteed IDIQ contract minimum quantities are identified in the below table. These minimum quantities will be procured through delivery order at time of the initial IDIQ award.

(c) Each IDIQ Contract Line Item Number (CLIN) has its own minimum quantity/ amount of services the Government must order (and the contractor must furnish).

Table 1

CLIN # Description Minimum Quantity Over the 5-yr period

Maximum Quantity Over the 5-yr period

1 FCI Forensic Workstation 104 1144 2 Mission Darkness Blackbox Lab XL 104 1144 3 FCI TX2 Ultimate Kit 104 754 4 Asustor Flashstor 6 Pro 26 143

(d) Limits on orders are located in the Ordering Limitations clause, FAR 52.216-19, Order Limitations

(Oct 1995).

SECTION C, DESCRIPTION/SPECS. /WORK STATEMENT

C.1 STATEMENT OF REQUIREMENTS

The purpose of this Statement of Requirements (SOR) is to acquire commercial forensic hardware (workstations and other computer components) brand name or equal, on an as needed basis in support of the United States Secret Service (USSS) National Computer Forensics Institute (NCFI).

1. Background

The USSS was established as a law enforcement agency in 1865. While most people associate the USSS with Presidential protection, our original mandate was to investigate the counterfeiting of U.S. currency--which we still do. Today, our primary investigative mission is to safeguard the payment and financial systems of the United States. This has been historically accomplished through the enforcement of the counterfeiting statutes to preserve the integrity of United States currency, coin, and financial obligations.

Since 1984, our investigative responsibilities have expanded to include crimes that involve financial institution fraud, computer and telecommunications fraud, false identification documents, access device fraud, advance fee fraud, electronic funds transfers, and money laundering as it relates to our core violations. Today’s high-tech environment presents new challenges to law enforcement as cyber criminals and others increasingly exploit computers and the internet to threaten our banking, financial, and critical infrastructures.

The NCFI provides training to state/local law enforcement, prosecutors, and judges in many areas of digital forensics and cyber investigations. To assist in investigating and prosecuting Law Enforcement cases, the USSS NCFI requires commercial forensic hardware products to support its Congressional mandate. All items are to be brand name or equal.

This is a commercial Indefinite Delivery Indefinite Quantity (IDIQ) contract to acquire commercial forensic hardware, on an as needed basis, in support of the NCFI. This IDIQ has a 5-year ordering period.

2. Scope

The contractor shall deliver the required forensic hardware products, brand name or equal, to the NCFI located in Hoover, Alabama:

Please see the table below for more detailed specifications. Each piece of hardware shall contain the required, brand name or equal items (as appropriate) as listed within the tables in Section 3 of this document. If substitutes are offered, the contractor shall notify the government by providing manufacturer specification sheet(s) for government evaluation and agreement the “or equal” offered is equivalent to the brand name items requested (see paragraph 4.2 for further details regarding this process).

3. Requirements: Products/Services

In accordance with the ordering procedures, the contractor shall provide the following products, as defined in this SOR, as orders are placed on the IDIQ.

1. FCI Forensic Workstation (PART # PHTM-A)

• Case: FCI Custom Case with Hub Access Lock Out

• Power Supply: 1000-Watt 80+ Platinum Modular

• Processor: AMD Ryzen 9 7950X, 16-Core, 4.5GHz

• Motherboard: X670 Workstation-Class

• System Memory: 128GB DDR5 5600

• Integrated LAN: 10Gb ethernet card, RJ45 (20Gbps Full Duplex)

• Video: AMD Radeon RX 6900

• External Drive Bay Configuration

• Bay 1: I/O Panel w/ 2x USB-C, 2x USB 3.0

• Bay 2: Tableau T356789iu

• Bay 3: FCI Drive Cooling Dock

• Bay 4: Read Only Media Reader

• Bay 5: Trayless SATA Assembly

• OS Drive: PCIe Gen 4 NVME SSD 1TB

• CACHE Drive: PCIe Gen 4 NVME SSD 2TB

• CASE Drive: 8TB 3.5” HDD 7200 RPM Enterprise Drive

• Microsoft Windows 11 Pro 64-bit

• Microsoft Office Home and Business 2021

• Foxit PDF Standard

• 3 Year Warranty on Parts and Labor with Lifetime Technical Support

2 Mission Darkness Blackbox Lab XL (PART # MDFB-BBL-XL-RJ45)

• Forensic Analysis Enclosure: Operate devices and extract information while shielded from RF signals

• Certified Shielding: Meets IEEE 299-2006 shielding effectiveness standards

• Fits multiple cell phones, tablets, laptops, essential tools, and similar-sized devices

• Complete RF Isolation: Blocks WiFi (2.4 & 5GHz), Bluetooth, cell signals including

5G networks, GPS, RFID, NFC, and radio signals

• Built-In Conductive Gloves: Includes gloves for left and right hands-on touch, plus a set of replacement gloves

• RF Shielded Window: Gen 2 RF-FilterVu transparent window for device viewing

• Accessories include Style of Faraday Bags: MDFB-S-NW-M, MDFB-M-NW-M, and MDFB-L-NW

• USB Cable Sets for Internal Connectivity (qty 4)

• USB A/M to A/M Cables (qty 2)

• Ethernet Cables (qty 2)

• AC Power Cable

• Set of Replacement Gloves

• Set of Replacement Foam Seals

• Crystal Clear Acrylic Phone Organizer

• Crystal Clear Acrylic Organizer Shelf

• Stylus Pens (qty 2)

• Unique Serial Number Sticker

• Case Dimensions: 24 x 18 x 16.5 in

3 FCI TX2 Ultimate Kit (PART # TX2)

• TX2 Forensic Imager

- Capabilities include support to image across multiple drives

- Simplifying data acquisition from complex systems and RAID arrays

- Enhanced gallery view to enable quick visual triage for rapid field assessments

- Lifetime free firmware updates

- Source ports contained PCIe (x2), USB-C(x2), SATA(x2), and network shares

- Standard hashing techniques along with parallel hash verification and concurrent verification and tree hashing

• TX2-S1 Imager Drive Bay

• Power Supply for TX2

• Power Supply TP7 (qty 2)

• Forensic IDE/SATA Bridge

• Forensic USB 3.0 Bridge

• Forensic PCIe Bridge

• PCIe Card SSD Adapter

• PCIe M.2 SSD Adapter

• PCIe Adapter for 2013+ Apple SSD

• PCIe Adapter for 2016+ Apple SSD

• PCIe U.2 SSD Adapter Cable

• PCIe to IDE Adapter

• PCIe Adapter Cable

• TKDA-SATA-IDE-7PC

• USB Media Card Reader

• SATA Signal Flat

• Unified SATA/SAS Signal Power (qty 4)

• USB 3 A to B Cable (qty 2)

• 3M Power to SATA

• 3M Power to Molex

• 8 in IDE Cable

• Cloth

• Velcro Ties

4 FCI NVME 10GbE NAS (Asustor Flashstor 6 Pro) (PART # FCI NAS)

• CPU: Quad-Core 10 nm Intel Celeron N5105

• 6x M.2 NVMe Slots

• 10-Gigabit Ethernet

• 4 GB of DDR4-2933 RAM (Upgradable to 16GB)

• Dual USB 3.2 (Gen 2)

• Six 4TB NVME Drives configured in RAID 5 (Enterprise NAS rated)

• 3 Year Warranty

4. Acceptance:

4.1 *All items shall be packaged in a courier shippable cardboard box with contents labeled on the outside indicating the contents and type of hardware.

4.2 All deliveries are the contractor’s responsibility. The contractor shall coordinate the deliveries with the Contracting Officer’s Representative (COR) or Office Point of Contact (POC) prior to the delivery, specifying the date and time (see paragraph 7 for the POC information). The contractor shall be responsible for off and on loading equipment and materials. Coordination of deliveries shall follow the process noted below:

(a). Vendor shall email a detailed shipment tracking spreadsheet to Robert.Peterson@usss.dhs.gov and Robert.peterson@usss.dhs.gov when items are shipped and when delivery service verifies delivery.

(b). Hardware shall not be shipped until complete. To do otherwise, requires written approval from the COR (Robert Peterson).

(c). No substitutions are allowed without written approval from the COR.

(d). Contractor shall email a detailed shipment tracking spreadsheet to Michael.Searcy@usss.dhs.gov and Robert.Peterson@usss.dhs.gov when items are shipped and when delivery service verifies delivery.

(e) Vendor shall email a courtesy copy of all invoices uploaded to IPP to Michael.Searcy@usss.dhs.gov and Robert.Peterson@usss.dhs.gov.

4.3 Hardware shall be delivered no later than the dates indicated within each Delivery Order awarded on this contract. Deliveries MUST be scheduled. If the delivery has to be turned away the vendor will incur the cost for return and reshipment to destination. * Hours of Delivery: 0800-1500 CST (-6

UTC)

4.4 Place of Delivery: NCFI

Attn: Michael Searcy 2020 Valleydale Road, Suite 209 Hoover, AL 35244

4.5 Within each delivery order issued on the IDIQ, the contractor will be required to coordinate and work closely with the USSS technical point of contact for the duration of the project.

4.6 The USSS technical point of contact will notify the contractor in writing of the acceptance or rejection of each deliverable. The review time by the Government will vary based on the size and complexity of the deliverable. Rejected deliverables shall be returned and corrected by the contractor within ten (10) working days of return receipt from the USSS technical point of contact. To assure success with resolving issues promptly, the Contractor shall provide the Government with a support process (help desk or other such process). Hours of availability shall be at a minimum of 8:00 am to 4:00 pm CST, Monday through Friday.

5. Contract Type and Ordering Procedures.

5.1 Type of Contract: The Government will award a commercial, single or multiple awards, IDIQ with an ultimate completion date of 60 months from the date of contract award. This is a firm-fixed price IDIQ with a 5-year ordering period from date of award through 60 months.

5.2 Contract Attachment 2, Approved Pricing Schedule: This contract attachment establishes the pricing and anticipated delivery order data (across the ordering periods), for each hardware item. This table shall be used when placing delivery orders as it specifies the approved firm fixed price per line item.

5.3 Ordering Procedures: The complete ordering procedures are contained within Attachment 1 Section I Contract Clauses. As stated above, the FFP price per line item is contained within Attachment 2. The initial delivery order may be executed (awarded) at time of the IDIQ award. When executing subsequent delivery orders the government shall supply the contractor the type of hardware being acquired, the quantity of each being acquired, the required dates of delivery and send the draft order to the contractor for review and agreement. Once agreement is received, the Government will award the delivery order and provide the Contractor with the final approved copy to execute deliveries against.

5.4 Delivery Requirements: All products/services procured through delivery order shall be delivered in accordance with the delivery schedule contained within the order.

FCI Forensic Workstation 60 days After Receipt of Order (ARO)

Mission Darkness Blackbox Lab XL – Quantity 25-100 units 30 days ARO; Quantity 100-229 units 70 days ARO

FCI TX2 Ultimate Kit - 60 days ARO

FCI NVME 10GbE NAS - 60 days ARO

5.5 Technology Refresh: If technology evolves over the course of the contract, technology refresh negotiations may occur every 12 months from time of contract award to assure Government receipt of the latest technology.

6. Period of Performance: The delivery date and period of performance will be annotated within the CLIN Structure, and the deliverables table contained within delivery order issued.

7. United States Secret Service Technical Point of Contact

NCFI

Attn: Michael Searcy

2020 Valleydale Rd., Suite 209

Hoover, AL 35244

Michael.searcy@usss.dhs.gov

Phone: 404-783-5956

PART 2

DEFINITIONS & ACRONYMS

2. DEFINITIONS AND ACRONYMS:

2.1. DEFINITIONS:

2.1.1. CONTRACTOR. A supplier or vendor awarded a contract to provide specific supplies or service to the Government. The term used in this contract refers to the prime.

2.1.2. CONTRACTING OFFICER (C.O.). A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the Government. Note:

The only individual who can legally bind the Government.

2.1.3. CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S.

Government appointed by the contracting officer to administer the contract/order. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the contractor as long as that direction is within the scope of the contract/order, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract/order.

2.1.4. DELIVERABLE. Anything that can be physically delivered but may include non-manufactured things such as meeting minutes or reports.

2.1.5. KEY PERSONNEL. Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the SOR.

When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

2.1.6. PHYSICAL SECURITY. Actions that prevent the loss or damage of Government property.

2.2. ACRONYMS:

CFR Code of Federal Regulations

CO Contracting Officer

CONUS Continental United States (excludes Alaska and Hawaii)

COR Contracting Officer Representative

COTS Commercial-Off-the-Shelf

CPFF Cost Plus Fixed Fee

FAR Federal Acquisition Regulation

FFP Firm Fixed Price

GFP Government Furnished Property

HSAR Homeland Security Acquisition Regulation

IDIQ Indefinite Delivery, Indefinite Quantity

NCR National Capital Region

OCI Organizational Conflict of Interest

ODC Other Direct Costs

PIPO Phase In/Phase Out

POC Point of Contact

PM Program Manager

SOR Statement of Requirements

TE Technical Exhibit

TPOC Technical Point of Contact

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1. Section 508 Requirements

Section 508 of the Rehabilitation Act (classified to 29 U.S.C. § 794d) requires that when Federal agencies develop, procure, maintain, or use information and communications technology (ICT), it shall be accessible to people with disabilities. Federal employees and members of the public with disabilities must be afforded access to and use of information and data comparable to that of Federal employees and members of the public without disabilities.

All products, platforms and services delivered as part of this work statement that, by definition, are deemed ICT shall conform to the revised regulatory implementation of Section 508 Standards, which are located at 36 C.F.R. § 1194.1 & Appendixes A, C & D, and available at https://www.ecfr.gov/cgi-bin/text-idx?SID=e1c6735e25593339a9db63534259d8ec&mc=true&node=pt36.3.1194&rgn=div5. In the revised regulation, ICT replaced the term electronic and information technology (EIT) used in the original 508 standards. ICT includes IT and other equipment.

Exceptions for this work statement have been determined by DHS and only the exceptions described herein may be applied. Any request for additional exceptions shall be sent to the Contracting Officer and a determination will be made according to DHS Directive 139-05, Office of Accessible Systems and Technology, dated November 12, 2018 and DHS Instruction 139-05-001, Managing the Accessible Systems and Technology Program, dated November 20, 2018, or any successor publication.

1.1 Section 508 Requirements for Technology Products (include in the SOW, PWS, SOR or SOO)

Section 508 applicability to Information and Communications Technology (ICT): Course Kits

Applicable Exception: N/A Authorization #: N/A

Applicable Functional Performance Criteria: All functional performance criteria in Chapter 3 apply to when using an alternative design or technology that results substantially equivalent or greater accessibility and usability by individuals with disabilities than would be provided by conformance to one or more of the requirements in Chapters 4 and 5 of the Revised 508 Standards, or when Chapters 4 or 5 do not address one or more functions of ICT.

Applicable 508 requirements for electronic content features and components: Does not apply

Applicable 508 requirements for software features and components: Does not apply

Applicable 508 requirements for hardware features and components (including but not limited to Peripheral Equipment (ex. keyboards)): All requirements in Chapter 4 apply

Applicable 508 requirements for support services and documentation: All requirements in Chapter 6 apply

1.3 Section 508 Deliverables (include in the SOW, PWS, SOR, or SOO)

Section 508 Accessibility Conformance Reports: For each ICT item offered through this contract (including commercially available products, and solutions consisting of ICT that are developed or modified pursuant to this contract), the Offeror shall provide an Accessibility Conformance Report (ACR) to document conformance claims against the applicable Section 508 standards. The ACR shall be based on the Voluntary Product Accessibility Template Version 2.0 508 (or successor versions). The template can be found at https://www.itic.org/policy/accessibility/vpat. Each ACR shall be completed by following all of the instructions provided in the template, including an explanation of the validation method used as a basis for the conformance claims in the report.

SECTION I, CONTRACT CLAUSES

I.1 PROVISIONS AND CLAUSES

52.204-8 Annual Representations and Certifications (JAN 2025) (DEVIATION FEB 2025)

(a) (1) The North American Industry Classification System (NAICS) code for this acquisition is 423430 Computer and Computer Peripheral Equipment and Software Merchant Wholesalers.

(2) The small business size standard is 250.

(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519 if the acquisition—

(i) Is set aside for small business and has a value above the simplified acquisition threshold.

(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b) (1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management

(SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation.

The Offeror shall indicate which option applies by checking one of the following boxes:

(i) Paragraph (d) applies.

(ii) Paragraph (d) does not apply, and the offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless–

(A) The acquisition is to be made under the simplified acquisition procedures in part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain

Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that-

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.204-26, Covered Telecommunications Equipment or Services-Representation.

This provision applies to all solicitations.

(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations-Representation.

(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(x) 52.214-14, Place of Performance-Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II).

This provision applies to solicitations when the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I apply to solicitations issued by DoD, NASA, or the Coast Guard.

(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.

(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

(xiv) Reserved.

(xv) Reserved.

(xvi) 52.222-38, Compliance with Veterans’ Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial products or commercial services.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of biobased products in USDA-designated product categories; or include the clause at 52.223-2, Reporting of Biobased Products Under Service and Construction Contracts.

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA–designated items.

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction GoalsRepresentation.

This provision applies to solicitations that include the provision at 52.204-7.

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xxi) 52.225-4, Buy American-Free Trade Agreements-Israeli Trade Act Certificate.

(Basic, Alternates II and III.) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $50,000, the basic provision applies.

(B) If the acquisition value is $50,000 or more but is less than $100,000, the provision with its Alternate II applies.

(C) If the acquisition value is $100,000 or more but is less than $102,280, the provision with its Alternate III applies.

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in SudanCertification. This provision applies to all solicitations.

(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. This provision applies to all solicitations.

(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

__ (i) 52.204-17, Ownership or Control of Offeror.

__ (ii) 52.204-20, Predecessor of Offeror.

__ (iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

__ (iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment- Certification.

__ (v) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Certification.

__ (vi) 52.227-6, Royalty Information.

__ (A) Basic.

__ (B) Alternate I.

__ (vii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically in

SAM website accessed through https://www.sam.gov. After reviewing the SAM information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code

423430 referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause # Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

(End of provision)

52.204-20 Predecessor of Offeror (Aug 2020)

(a)Definitions. As used in this provision–

Commercial and Government Entity (CAGE) code means–

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

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

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.

(b)The Offeror represents that it □ is or □ is not a successor to a predecessor that held a Federal contract or grant within the last three years.

(c)If the Offeror has indicated "is" in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):

Predecessor CAGE code:____________ (or mark "Unknown").

Predecessor legal name: ____________.

(Do not use a "doing business as" name).

(End of provision)

FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications

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

(a) Definitions. As used in this provision—

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

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

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

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

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

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

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

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

(d) Representation. The Offeror represents that—

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

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

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

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

(i) For covered equipment—

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

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

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

(ii) For covered services—

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

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided;

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

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

(i) For covered equipment—

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

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

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

(ii) For covered services—

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

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

(End of provision)

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

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

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

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

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

□ does, □ does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

(End of provision)

52.209-5 Certification Regarding Responsibility Matters (Aug 2020)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that—

(i)The Offeror and/or any of its Principals–

(A)Are □ are not □ presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B)Have □ have not □, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract;

violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks "have", the offeror shall also see 52.209-7, if included in this solicitation);

(C)Are □ are not □ presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision;

(D)Have □, have not □, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds the threshold at 9.104-5(a)(2) for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i)The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii)The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples.

(i)The taxpayer has received a statutory notice of deficiency, under I.R.C. § 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii)The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. § 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii)The taxpayer has entered into an installment agreement pursuant to I.R.C. § 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv)The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii)The Offeror has □ has not □, within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2)"Principal," for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code.

(b)The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c)A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror’s responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d)Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e)The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

(End of provision)

52.209-7 Information Regarding Responsibility Matters (Oct 2018)

(a)Definitions. As used in this provision—

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b)The offeror □ has □ does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c)If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i)In a criminal proceeding, a conviction.

(ii)In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii)In an administrative proceeding, a finding of fault and liability that results in–

(A)The payment of a monetary fine or penalty of $5,000 or more; or

(B)The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv)In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d)The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).

(End of provision)

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016)

(a)As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that–

(1)Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b)The Offeror represents that–

(1) It is □ is not □ a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability;

and

(2) It is □ is not □ a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

FAR 52.211-6 Brand Name or Equal

(a)If an item in this solicitation is identified as "brand name or equal," the purchase description reflects the characteristics and level of quality that will satisfy the Government’s needs. The salient physical, functional, or performance characteristics that "equal" products must meet are specified in the solicitation.

(b)To be considered for award, offers of "equal" products, including "equal" products of the brand name manufacturer, must-

(1) Meet the salient physical, functional, or performance characteristic specified in this solicitation;

(2) Clearly identify the item by-

(i) Brand name, if any; and

(ii) Make or model number;

(3) Include descriptive literature such as illustrations, drawings, or a…