Attachment_A_Instructions_to_Vendors_and_SON.pdf

Attachment A – 140G0125Q0089 Page 2 of 42

INSTRUCTION TO VENDORS

A discounted firm-fixed-priced quotation and technical quotation package for Replacement Chiller Control Board, (per requirements below) This will be a Small Business Set-Aside. Quotes shall be submitted by 1:00 PM EST, Wednesday, March 26, 2025, via email to the Contracting Officer, Brian Baker, at bfbaker@usgs.gov. Faxed or mailed quotations will not be accepted. Vendor shall supply the USGS with a thorough quotation package demonstrating how they meet all requirements within the evaluation criteria.

Quotation package shall be thorough enough to allow the USGS to perform a proper evaluation.

The following additional information must be supplied along with your quotation. Failure to submit this information may deem your quotation non-responsive and your quotation may not be considered.

1) Vendor must submit ALL QUOTATION DOCUMENTS IN PDF FORMAT which will be reviewed by the Contracting Officer and USGS Technical Liaison. The quotation package must reflect all of the requirements as indicated in the Request For Quote (RFQ).

2) SAM UEI.

COMBINE ALL QUOTATION DOCUMENTS INTO ONE (1) PDF FILE

The award resulting from this Request for Quote (RFQ) will be based on lowest price technically acceptable

(LPTA).

This RFQ is set aside for Small Business concerns. Only quotes from Small Business concerns will be accepted.

All questions regarding this RFQ shall be sent to the Contract Specialist via email no later than 1:00 PM EST, Friday, March 21, 2025. Vendors are urged to select one (1) representative from their firm to present all questions. Phone calls and late questions will not be accepted.

(End Instructions to Vendors)

Attachment A – 140G0125Q0089 Page 3 of 42

REQUIREMENTS / SALIENT CHARACTERISTTICS

STATEMENT OF NEED REQUIREMENTS

Provide Replacement of VSD Logic Board

Furnish all supervision, labor, material, and equipment necessary to provide the items listed below. Items listed below are to be delivered to the Mundt Federal Building, EROS Data Center, Sioux Falls, South Dakota. Normal duty hours are Monday through Friday, 7:30 a.m. to 4:00 p.m.

Items to be accomplished:

The USGS/EROS Center for Science/Facility Management Office is requiring the replacement of a VSD (Variable Speed Drive) logic board on a JCI (Johnson Control Incorporated) control unit located at the Mundt Federal Building. The logic board is required for control of chiller #2 located in the mechanical room servicing computer rooms 2 and 3. The control board relays to the existing Honeywell (BAS) Building Automation System on a constant basis. This Statement of need will involve the purchase of a logic board on a BNE (brand name or equal) basis to logic board. The BNE will be for JCI (Johnson Control Incorporated) logic board with part number listed below.

Overview:

The current VSD logic board is located within a JCI control unit (PN: 371-05614-102/Model: HYP490XH30B-46 SN:

BYM-003) controlling a York Magnetic Centrifugal Chiller (Model: YMC/2 SN: SCDM485420) which was installed in 2016. The logic board located in the control unit supplies all aspects of operation to the BAS. Currently the board has been giving false negatives during operation requiring manual oversite and manual restart if the unit fails during operation. The unit is an integral part of building HVAC (Heating, Ventilation, Air Conditioning) activities servicing computer rooms 2 and 3 in the Data Handling Building. In the event of a failure of the VSD logic board, the issue could lead to the possibility of the mission being unable to be carried out as without the chiller operation, the HVAC failure would lead to shut down due to excessive heat.

Hardware Specifications:

Logic Board: 490A Replacement kit/PN: 33102911610

Software Specifications/Install: Install of above listed hardware shall include all required software, patches, bugs/fixes, engineering fees, troubleshooting, and support for successful coordination into the BAS. Install to be performed by certified OEM technician.

OTHER REQUIREMENTS:

A. The contractor shall be responsible for complying with all National, Federal, State and local laws, codes and regulations in connection with the execution of the work.

B. Any changes affecting the scope of work shall originate from or be approved by the Contracting Officer.

C. Work will be requested by the Contracting Officer's Representative, COR, when needed, by telephone. A written Work Order will be supplied with each request. The Work Order will specify quantities required, locations, special instructions and completion time agreed to by the Contractor and COAR.

D. All materials and workmanship shall be subject to the inspection and approval of the Contracting Officer or the COR.

All work unsatisfactorily performed shall be promptly corrected and made acceptable to the Government at no additional cost.

Attachment A – 140G0125Q0089 Page 4 of 42

E. Final inspection and acceptance for each Work Order shall be performed with the contractor, on site by the COR upon completion of job performance.

SCHEDULE AND DELIVERY OF PERFORMANCE

Delivery of Performance

A. Location of Work: EROS Data Center, Sioux Falls, South Dakota

B, Period of Performance: 120 days after notice to proceed

EMPLOYEES

The contractor shall be responsible at all times for the supervision and control of the employees that may be assigned to render services under the contract. Fully qualified work personnel shall be available for work on the date this purchase order begins and shall be maintained throughout the period of performance.

The contractor shall make certain that its employees do not disturb papers on or inside desks or cabinets and that they make no use of the telephones or office equipment which have been provided for Government personnel in their defined capacity. At all times, the work under this contract shall be carried out in such a way that there is a minimum of interference with Government activities.

MATERIALS

The contractor shall furnish all supplies, materials, and equipment necessary for the performance of the work included in this contract unless otherwise specified. Materials and supplies to be used shall be commercially available products of reputable manufacturers or suppliers and shall be of a quality to conform with applicable Federal Specifications.

SPECIFICATIONS

In any case of discrepancy in the specifications, the matter shall be immediately submitted to the Contracting Officer, without whose decision said discrepancy shall not be adjusted by the Contractor, save only at his own risk and expense.

Any changes affecting the scope of the work shall originate from and be approved by the Contracting Officer.

SCHEDULING CONTRACT WORK

The contractor shall make necessary arrangements with the Government COR to perform the work and shall arrange and schedule his work so that the minimum amount of interference with Government activities will result.

USE OF BUILDING FACILITIES

The contractor may use utility services and toilet facilities of the buildings subject to approval of the Contracting Officer or the COR.

The Government shall make all reasonably required amounts of utilities available to the contractor from existing outlets and supplies, as specified in the contract.

INDEMNITY

The contractor shall confine all work on Government premises to areas authorized or approved by the Contracting Officer or the COR. The contractor shall save and keep harmless and indemnify the Government against any and all liability claims, and costs of whatsoever kind and nature of injury to or death of any person or persons and for loss or damage to any property (Government or otherwise) occurring in connection with or in any way incident to or arising out of the occupancy, use, service, operations, or performance of work in connection with this contract, resulting in whole or part from the negligent acts or omissions of the contractor.

Attachment A – 140G0125Q0089 Page 5 of 42

CONDITIONS AFFECTING THE WORK

It will be the responsibility of the contractor to inspect the site, determine the quality of work involved, compare the specifications with the work to be done, and inform themselves as to all conditions, including other work, if any, being performed. Failure to do so will in no way relieve the successful contractor from the necessity of furnishing any materials or performing any work that may be required to carry out the contract in accordance with the true intent and meaning of the specifications without additional cost to the Government.

The contractor is responsible for special dust protection in raised floor areas, protection of existing alarm systems, sprinklers, and coordinating with COR and building security when required.

ACCIDENT PREVENTION AND FIRE HAZARDS

The contractor shall take all necessary precautions to prevent fires or injury to the public, building occupant(s), or damage to property of others during the performance of this contract. For the purpose of this contract, the public or building occupant shall include all persons not employed by the contractor or a subcontractor working under his/her direction. If welding is required, a permit must be obtained from the EROS security office prior to the work.

LICENSES-PERMITS

The contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses or permits, and for complying with any Federal, State and Municipal laws, codes and regulations in connection with the execution of the work.

FACILITY ACCESS

Prior to commencement, the contractor shall comply with the security clearance requirements in this contract for all management officials, supervisors, employees, and subcontractors (hereinafter referred to as contractor personnel) who will be working on the site or periodically visiting the site.

(a) For those contractor personnel who are granted a clearance, USGS will provide the contractor with the necessary building passes or entrance onto the EROS Data Center.

(b) The contractor and COR or his/her designee shall sign each pass issued for the contract. The contractor shall maintain a listing of all passes issued on this contract.

(c) The contractor personnel shall present themselves for the issuance of a photo identification pass when required by the government and as scheduled by the COR.

(d) The contractor shall notify the COR when any passes are lost and shall pay $5.00 per replacement pass.

(e) The contractor shall ensure that their personnel understand the proper use of the building passes and the following requirements are met at all times.

(i) The contactor personnel shall each have a building pass before they begin work.

(ii) The contractor personnel shall carry their passes with them while performing on site and shall show them upon request. The COR or other security personnel will periodically verify passes of the employees with their personnel identification.

(iii) Building passes are issued to a specific individual and shall not be used by anyone other than that individual. If one of the contractor personnel uses the pass of another, both shall be removed.

(f) The government reserves the right to require the contractor personnel to “sign-in” upon ingress and “sign-out” upon egress to and from the site for safety and security reasons.

(End of Requirement / Salient Characteristics)

DOI IT Baseline Compliance Contract Guidelines

Attachment A – 140G0125Q0089 Page 6 of 42

• Information systems and system services provided to the DOI by the Contractor must comply with DOI IT Cybersecurity and Privacy Control Standards, privacy policies, and other related guidance.

• Contractors and information system service providers shall be responsible for recognizing and reporting security incidents.

• Contractors shall comply with the requirements of the Privacy Act of 1974 and shall not remove personally identifiable information (PII) or Privacy Act material from government facilities or systems, or facilities or systems operated or maintained on the government’s behalf, without the express written permission of the Head of the Contracting Activity.

• Products, platforms, and services delivered as part of a contract statement of work that use information and communication technology (ICT), shall conform to the ICT Accessibility Revised 508 Standards of the Rehabilitation Act.

• Contractors shall comply with all applicable records management laws and regulations that includes National Archives and Records Administration (NARA) records guidance and departmental policy.

• Acquired services shall comply with the Homeland Security Presidential Directive-12 that requires all federal entities to ensure that all Contractor employees have current and approved security background investigations that are equivalent to investigations performed with the federal employee workforce.

• Contractors must manage Controlled Unclassified Information (CUI) in accordance with applicable laws, regulations, executive orders, and policies.

• If a portion of the contract requirement seeks information from ten or more members of the public, the Contactor employees shall work with the Bureau Information Collection Clearance Officer to obtain a Paperwork Reduction Act clearance from the Office of Management and Budget (OMB).

References:

• Federal Information Security Modernization Act of 2014 (FISMA): https://www.cisa.gov/federal-information-security-modernization-act

• Federal Risk and Authorization Management Program (FedRAMP) for cloud hosted systems:

https://www.fedramp.gov

• Section 208 of the E-Government Act of 2002: https://www.govinfo.gov/content/pkg/PLAW-107publ347/pdf/PLAW- 107publ347.pdf

• Privacy Act of 1974: https://www.justice.gov/opcl/privacy-act-1974

• Federal Information Processing Standards (FIPS) and the National Institute of Standards and Technology (NIST) 800- Series Special Publications (SP): https://www.nist.gov •Office of Management and Budget (OMB) Circular A-130, Managing Information as a Strategic Resource:

•NIST Computer Security Resource Center Glossary Terms and Definitions: https://csrc.nist.gov/glossary

(End of Requirement)

Attachment A – 140G0125Q0089 Page 7 of 42

Work Statement Attachment - Information Technology Security Requirements Summary

1. Background Investigation Not Applicable

2. Non-disclosure Agreement Not Applicable

3. Training Not Applicable

4. Personnel Changes Not Applicable

5. Contractor Location Not Applicable

6. Applicable Standards Not Applicable

7. Security Categorization Not Applicable

8. Property Rights Not Applicable

9. Independent Verification and Validation (IV & V) Not Applicable

10. Certification & Accreditation Not Applicable

11. Internet Logon Banner Not Applicable

12. Incident Reporting Not Applicable

13. Quality Control All software or hardware purchased must be free of malicious code such as viruses, Trojan horse programs, worms, spyware, etc.

Validation of this must be written into the contract.

14. Self Assessment Not Applicable

15. Vulnerability Analysis Not Applicable

Attachment A – 140G0125Q0089 Page 8 of 42

16. Logon Banner

17. Security Controls Not Applicable

18. Contingency Plan

(End IT Work Statement)

52.201-1 Acquisition 360: Voluntary Survey Sep 2023

(a) All actual and potential offerors are encouraged to provide feedback on the preaward and debriefing processes, as applicable. Feedback may be provided to agencies up to 45 days after award. The feedback is anonymous, unless the participant self-identifies in the survey. Actual and potential offerors can participate in the survey by selecting the following link: https://www.acquisition.gov/360.

(b) The Contracting Officer will not review the information provided until after contract award and will not consider it in the award decision. The survey is voluntary and does not convey any protections, rights, or grounds for protest. It creates a way for actual and potential offerors to provide the Government constructive feedback about the preaward and debriefing processes, as applicable, used for a specific acquisition.

(End of provision)

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

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—

Attachment A – 140G0125Q0089 Page 9 of 42

(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.

Attachment A – 140G0125Q0089 Page 10 of 42

(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.

52.204-25 Prohibition on Contracting for Certain Telecommunications Nov 2021 and Video Surveillance Services or Equipment

(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

Attachment A – 140G0125Q0089 Page 11 of 42 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

Attachment A – 140G0125Q0089 Page 12 of 42 covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

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

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

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

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

(d) Reporting requirement.

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

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

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

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

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

(End of clause)

Attachment A – 140G0125Q0089 Page 13 of 42

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.

52.204-27 Prohibition on a ByteDance Covered Application Jun 2023

(a) Definitions. As used in this clause—

Covered application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited.

Information technology, as defined in 40 U.S.C. 11101(6)—

(1) Means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use—

(i) Of that equipment; or

(ii) Of that equipment to a significant extent in the performance of a service or the furnishing of a product;

(2) Includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; but

(3) Does not include any equipment acquired by a Federal contractor incidental to a Federal contract.

(b) Prohibition. Section 102 of Division R of the Consolidated Appropriations Act, 2023 (Pub. L. 117-328), the No TikTok on Government Devices Act, and its implementing guidance under Office of Management and Budget (OMB) Memorandum M-23-13, dated February 27, 2023, “No TikTok on Government Devices” Implementation Guidance, collectively prohibit the presence or use of a covered application on executive agency information technology, including certain equipment used by Federal contractors. The Contractor is

Attachment A – 140G0125Q0089 Page 14 of 42 prohibited from having or using a covered application on any information technology owned or managed by the Government, or on any information technology used or provided by the Contractor under this contract, including equipment provided by the Contractor’s employees; however, this prohibition does not apply if the Contracting Officer provides written notification to the Contractor that an exception has been granted in accordance with OMB Memorandum M-23-13.

(c) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts, including subcontracts for the acquisition of commercial products or commercial services.

52.204-29 Federal Acquisition Supply Chain Security Act Orders – Representation Dec 2023 and Disclosures

(a) Definitions. As used in this provision, Covered article, FASCSA order, Intelligence community, National security system, Reasonable inquiry, Sensitive compartmented information, Sensitive compartmented information system, and Source have the meaning provided in the clause 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.

(b) Prohibition. Contractors are prohibited from providing or using as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the prohibition is set out in an applicable Federal Acquisition Supply Chain Security Act (FASCSA) order, as described in paragraph (b)(1) of FAR 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.

(c) Procedures. (1) The Offeror shall search for the phrase “FASCSA order” in the System for Award Management (SAM)( https://www.sam.gov) for any covered article, or any products or services produced or provided by a source, if there is an applicable FASCSA order described in paragraph (b)(1) of FAR 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.

(2) The Offeror shall review the solicitation for any FASCSA orders that are not in SAM, but are effective and do apply to the solicitation and resultant contract (see FAR 4.2303(c)(2)).

(3) FASCSA orders issued after the date of solicitation do not apply unless added by an amendment to the solicitation.

(d) Representation. By submission of this offer, the offeror represents that it has conducted a reasonable inquiry, and that the offeror does not propose to provide or use in response to this solicitation any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA order in effect on the date the solicitation was issued, except as waived by the solicitation, or as disclosed in paragraph (e).

(e) Disclosures. The purpose for this disclosure is so the Government may decide whether to issue a waiver.

For any covered article, or any products or services produced or provided by a source, if the covered article or the source is subject to an applicable FASCSA order, and the Offeror is unable to represent compliance, then the Offeror shall provide the following information as part of the offer:

(1) Name of the product or service provided to the Government;

(2) Name of the covered article or source subject to a FASCSA order;

(3) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied the covered article or the product or service to the Offeror;

(4) Brand;

(5) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);

(6) Item description;

(7) Reason why the applicable covered article or the product or service is being provided or used;

(f) Executive agency review of disclosures. The contracting officer will review disclosures provided in paragraph (e) to determine if any waiver may be sought. A contracting officer may choose not to pursue a

Attachment A – 140G0125Q0089 Page 15 of 42 waiver for covered articles or sources otherwise subject to a FASCSA order and may instead make an award to an offeror that does not require a waiver.

52.204-30 Federal Acquisition Supply Chain Security Act Orders—Prohibition Dec 2023

(a) Definitions. As used in this clause— Covered article, as defined in 41 U.S.C. 4713(k), means—

(1) Information technology, as defined in 40 U.S.C. 11101, including cloud computing services of all types;

(2) Telecommunications equipment or telecommunications service, as those terms are defined in section 3 of the Communications Act of 1934 ( 47 U.S.C. 153);

(3) The processing of information on a Federal or non-Federal information system, subject to the requirements of the Controlled Unclassified Information program (see 32 CFR part 2002); or

(4) Hardware, systems, devices, software, or services that include embedded or incidental information technology.

FASCSA order means any of the following orders issued under the Federal Acquisition Supply Chain Security Act (FASCSA) requiring the removal of covered articles from executive agency information systems or the exclusion of one or more named sources or named covered articles from executive agency procurement actions, as described in 41 CFR 201–1.303(d) and (e):

(1) The Secretary of Homeland Security may issue FASCSA orders applicable to civilian agencies, to the extent not covered by paragraph (2) or (3) of this definition. This type of FASCSA order may be referred to as a Department of Homeland Security (DHS) FASCSA order.

(2) The Secretary of Defense may issue FASCSA orders applicable to the Department of Defense (DoD) and national security systems other than sensitive compartmented information systems. This type of FASCSA order may be referred to as a DoD FASCSA order.

(3) The Director of National Intelligence (DNI) may issue FASCSA orders applicable to the intelligence community and sensitive compartmented information systems, to the extent not covered by paragraph (2) of this definition. This type of FASCSA order may be referred to as a DNI FASCSA order.

Intelligence community, as defined by 50 U.S.C. 3003(4), means the following—

(1) The Office of the Director of National Intelligence;

(2) The Central Intelligence Agency;

(3) The National Security Agency;

(4) The Defense Intelligence Agency;

(5) The National Geospatial-Intelligence Agency;

(6) The National Reconnaissance Office;

(7) Other offices within the Department of Defense for the collection of specialized national intelligence through reconnaissance programs;

(8) The intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, the Coast Guard, the Federal Bureau of Investigation, the Drug Enforcement Administration, and the Department of Energy;

(9) The Bureau of Intelligence and Research of the Department of State;

(10) The Office of Intelligence and Analysis of the Department of the Treasury;

Attachment A – 140G0125Q0089 Page 16 of 42

(11) The Office of Intelligence and Analysis of the Department of Homeland Security; or

(12) Such other elements of any department or agency as may be designated by the President, or designated jointly by the Director of National Intelligence and the head of the department or agency concerned, as an element of the intelligence community.

National security system, as defined in 44 U.S.C. 3552, means any information system (including any telecommunications system) used or operated by an agency or by a contractor of an agency, or other organization on behalf of an agency—

(1) The function, operation, or use of which involves intelligence activities; involves cryptologic activities related to national security; involves command and control of military forces; involves equipment that is an integral part of a weapon or weapons system; or is critical to the direct fulfillment of military or intelligence missions, but does not include a system that is to be used for routine administrative and business applications (including payroll, finance, logistics, and personnel management applications); or

(2) Is protected at all times by procedures established for information that have been specifically authorized under criteria established by an Executive order or an Act of Congress to be kept classified in the interest of national defense or foreign policy.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of any covered articles, or any products or services produced or provided by a source. This applies when the covered article or the source is subject to an applicable FASCSA order. A reasonable inquiry excludes the need to include an internal or third-party audit.

Sensitive compartmented information means classified information concerning or derived from intelligence sources, methods, or analytical processes, which is required to be handled within formal access control systems established by the Director of National Intelligence.

Sensitive compartmented information system means a national security system authorized to process or store sensitive compartmented information.

Source means a non-Federal supplier, or potential supplier, of products or services, at any tier.

(b) Prohibition. (1) Contractors are prohibited from providing or using as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by any applicable FASCSA orders identified by the checkbox(es) in this paragraph (b)(1).

[ Contracting Officer must select either “yes” or “no” for each of the following types of FASCSA orders:]

Yes □ No DHS FASCSA order

Yes □ No DoD FASCSA order

Yes □ No DNI FASCSA order

(2) The Contractor shall search for the phrase “FASCSA order” in the System for Award Management (SAM) at https://www.sam.gov to locate applicable FASCSA orders identified in paragraph (b)(1) of this clause.

(3) The Government may identify in the request for quotation (RFQ) or in the notice of intent to place an order additional FASCSA orders that are not in SAM, but are effective and apply to the order.

(4) A FASCSA order issued after the date of the RFQ or the notice of intent to place an order applies to this contract only if added by an amendment to the RFQ or in the notice of intent to place an order or added by modification to the order (see FAR 4.2304(c)). However, see paragraph (c) of this clause.

(5)(i) If the contractor wishes to ask for a waiver, the Contractor shall disclose the following:

(A) Name of the product or service provided to the Government;

Attachment A – 140G0125Q0089 Page 17 of 42

(B) Name of the covered article or source subject to a FASCSA order;

(C) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied the covered article or the product or service to the Offeror;

(D) Brand;

(E) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);

(F) Item description;

(G) Reason why the applicable covered article or the product or service is being provided or used;

(ii) Executive agency review of disclosures. The contracting officer will review disclosures provided in paragraph (b)(5)(i) of this clause to determine if any waiver may be sought. A contracting officer may choose not to pursue a waiver for covered articles or sources otherwise covered by a FASCSA order and may instead make award to an offeror that does not require a waiver.

(c) Notice and reporting requirement. (1) During contract performance, the Contractor shall review SAM.gov at least once every three months, or as advised by the Contracting Officer, to check for covered articles subject to FASCSA order(s), or for products or services produced by a source subject to FASCSA order(s) not currently identified under paragraph (b) of this clause.

(2) If the Contractor identifies a new FASCSA order(s) that could impact their supply chain, then the Contractor shall conduct a reasonable inquiry to identify whether a covered article or product or service produced or provided by a source subject to the FASCSA order(s) was provided to the Government or used during contract performance.

(3) (i) The Contractor shall submit a report to the contracting office as identified in paragraph (c)(3)(ii) of this clause, if the Contractor identifies, including through any notification by a subcontractor at any tier, that a covered article or product or service produced or provided by a source was provided to the Government or used during contract performance and is subject to a FASCSA order(s) identified in paragraph (b) of this clause, or a new FASCSA order identified in paragraph (c)(2) of this clause. For indefinite delivery contracts, the Contractor shall report to both the contracting office for the indefinite delivery contract and the contracting office for any affected order.

(ii) If a report is required to be submitted to a contracting office under (c)(3)(i) of this clause, the Contractor shall submit the report as follows:

(A) If a Department of Defense contracting office, the Contractor shall report to the website at https://dibnet.dod.mil.

(B) For all other contracting offices, the Contractor shall report to the Contracting Officer.

(4) The Contractor shall report the following information for each covered article or each product or service produced or provided by a source, where the covered article or source is subject to a FASCSA order, pursuant to paragraph (c)(3)(i) of this clause:

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

(A) Contract number;

(B) Order number(s), if applicable;

(C) Name of the product or service provided to the Government or used during performance of the contract;

(D) Name of the covered article or source subject to a FASCSA order;

Attachment A – 140G0125Q0089 Page 18 of 42

(E) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied the covered article or the product or service to the Contractor;

(F) Brand;

(G) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);

(H) Item description; and

(I) Any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (c)(4)(i) of this clause:

(A) Any further available information about mitigation actions undertaken or recommended.

(B) In addition,…