Combined Synopsis N6470923Q0039.docx

This is a Combined Synopsis / Solicitation for commercial service prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation. Proposals are being requested and a written solicitation will not be issued.

The solicitation number is N6470923Q0039; this solicitation is a request for quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquistion Circular 2022-06.

Total Small Business Set Aside. North American Industry Classification System (NAICS) code is 561110. Product Service Code is R408.

Strategic Weapons Facility, Atlantic (SWFLANT), Naval Submarine Base Kings Bay has a requirement for one (1) Administrative Assistant SCA 01020. The potential contract will have a Base Year plus two (2) Option Years.

There is an incumbent.

List of Attachments:

Attachment (1) Wage Determination 2015-4515;

Attachment (2) Visitor Group Security Agreement(VGSA) Addendum to DD 254;

Attachment (3) DD Form 254 Contract Security Classification Specification.

PERFORMANCE WORK STATEMENT (PWS)

1.0 SCOPE

This position serves as an administrative assistant to the Personnel Reliability Program (PRP) Certifying Officials for the Marine Corps Security Force Battalion (MCSFBn) Kings Bay Georgia. MCSFBn provides security for the nation’s undersea nuclear strategic deterrent, Trident-II weapons. MCSFBn is comprised of over 1,000 personnel that make a diversified work force of Active Duty Military, Government Civil Service Employees and various Contractors.

Currently MCSFBn’s PRP division is comprised of (2) Federal Civilian Employees managing over 900 personnel within a mission critical program that spans outside of the reach of just MCSFBn alone. Given the nature of its requirements and the depth of its involvement, the current manning level of the PRP Division increases the vulnerability of not meeting program requirements, reduces the possibility of continuous program improvement, as well as increasing the potential of increasing safety and security risks due to personnel reliability.

2.0 BACKGROUND

The contractor shall support and assist the day-to-day administrative functions of the PRP offices, to include planning, process execution, and database management. The contractor will also provide oversight and direction during the absence of the PRP Certifying Officials.

APPLICABLE DIRECTIVES

Battalion Order 5510.1 Personnel Reliability Procedures

3.0 REQUIREMENTS

The contractor employee shall assist and support the organization’s PRP office. In addition, Contractor will represent the PRP Division at MCSFBn and act with limited authority on behalf of the PRP Certifying Officials in their absence (3rd POC for PRP Office). The Contractor shall provide managerial services for the contractor employee, and conduct training as needed in support of the PRP as it relates to MCSFBn's area of responsibilities, mission, goals, and objectives. The Contractors work requires supporting the PRP offices in the necessary capacities during the course of day to day operations, as well as critical times of inspections and reviews by outside entities.

4.0 SPECIFIC REQUIREMENTS:

Perform day-to-day administrative functions for the PRP offices.

Responsibilities include:

Generate paperwork for suspensions, decertification and reinstatements.

Update PRP and Readiness Insight databases as needed.

Create personnel derogatory information folders for all newly reporting personnel, and adding them to the PRP database.

Maintain PRP folders by updating all paperwork that affects PRP status.

Ensure PRP paperwork is routed.

Generate and track a query of individuals in the PRP program for the Certifying Official for various program functions such as record reviews, orientation rosters, inspection rosters, PRP rosters, etc.

Track and document initial and annual PRP training.

Organize with battalion medical to ensure a 100% health record accountability, as well as tracking records for medical visits.

Communicates with companies and platoons to request that individuals, documentation, or supervisory personnel be sent to the PRP office.

Conduct administrative duties such as filing, typing, copying, receiving phone calls, etc.

Control foot traffic coming into the office for routine actions such as taking badges prior to personnel reporting to medical or dental, going on leave, TAD, TDY, etc.

Field questions from personnel about PRP requirements, such as what paperwork is needed for reinstatement.

Update the PRP and Readiness Insight databases for annual training requirements.

Act as the PRP office representative during the absence of the PRP Certifying Officials, conducting day-to-day transactions, not including PRP status decisions (information, taking PRP badges, answering the phone, etc.).

Picks up PRP correspondence from the MCSFBn administrative and mail room offices.

Assist with Annual PRP training as well as initial orientation training.

Enter newly arriving personnel into the PRP database.

Match personnel medical and dental records with the member’s derogatory records for review by the Certifying Officials.

4.1 WORKLOAD DATA

PRP MANAGEMENT SUPPORT: It is estimated that 12604 PRP actions are anticipated per year as follows:

5.0 SKILLS AND KNOWLEDGE REQUIREMENTS FOR THE POSITION

During the performance of this contract, the contractor shall provide personnel with sufficient skills to accomplish the requirements contained in this PWS. The government reserves the right to require the contractor to remove and replace any personnel who provide unsatisfactory performance, demonstrate insufficient knowledge, or possess inadequate skill levels necessary to complete assigned requirments. The skill level of the staff provided shall be current and consistent with new technologies. The government will not bear the costs of any contractor training or travel to execute this PWS. Contractor employees must at a minimum:

· Be proficient in Microsoft Office software including Excel, Access, Word, PowerPoint, and Outlook mail.

· Possess database entry skills.

· Possess a valid state driver’s license.

· Possess general office administrative skills to include filing, typing, answering the phone, as well as being able to communicate at an effective level for both phone and face-to-face communications at all levels of the command.

· Be able to lift at least 30 lbs.

· Possess a thorough knowledge of the PRP, to include its purpose and importance as it pertains to the safety and security of nuclear strategic deterrent, Trident-II weapons.

· Have a minimum of 2 years’ experience as a certified PRP member.

· Although not required, having a minimum of 1 year experience as a PRP monitor, clerk or administrative assistant within an active PRP office is a plus.

6.0 PERFORMANCE REQUIREMENTS SUMMARY

7.0 WORK HOURS

The contractor shall develop a work schedule which ensures all requirements are performed accordingly. Core hours will be 0730-1600.

8.0 PLACE OF PERFORMANCE

The normal place of performance is Marine Corps Security Force Battalion (MCSFBn) Bldg. 1061, NSB Kings Bay, Georgia. Office will be located in Rooms 139 and 134. Telework will not be authorized.

9.0 WORK ENVIRONMENT AND PHYSICAL DEMANDS

90% of the service provided is performed in an office environment and 10% is performed outside of an office. Apply established safety regulations and practices to minimize minor violations and to avoid major violations due to employee error or negligence. Must completely understand and be physically capable of performing all aspects of the mission described above.

10.0 TRAINING

Contractor employee may be required to attend training.

11.0 NON-PERSONAL SERVICE STATEMENT

Contractor employees performing services under this order will be controlled, directed, and supervised at all times by management personnel of the contractor. Contractor management shall ensure that employees properly comply with the performance work standards outlined in the statement of work. Contractor employees shall perform their duties independent of, and without the supervision of, any government official or other Defense Contractor. The requirements, duties, and responsibilities set forth in the contract may not be interpreted or implemented in any manner that results in any contractor employee violating the prohibitions set forth in Federal Acquisition Regulation (FAR) Subpart 7.5 – Inherently Government Functions and Subpart 37.1 – Service Contracts-General. The government will control access to the facility and will perform the inspection and acceptance of the completed work.

12.0 SECURITY REQUIREMENTS

The contractor employee shall maintain a SECRET clearance.

13.0 INVOICES:

13.1 Vendor will submit invoices monthly using WAWF. Vendor will be paid based on the amount of hours the employee worked. The total price for the year shall not exceed the amount of the contract.

14.0 SUBSTITUTION CONTRACTOR PERSONNEL:

14.1 No contractor personnel substitutions shall be made during performance of this contract unless these substitutions are necessitated by an individual's sudden illness, death, or termination of employment. In any of these events, the contractor shall promptly notify the Contracting Officer’s Representative (COR) and the local assigned branch POC in order to coordinate the appropriate substitution as required by Section 14.2. The government reserves the right to require the contractor to remove and replace any personnel who provide unsatisfactory performance, demonstrate insufficient knowledge, or possess inadequate skill levels necessary to complete assigned requirements.

14.2 The contractor shall not make a substitution for any of such persons unless (1) the substitute has the qualifications stated in Section 3.0 (Contractor Personnel Minimum Requirements), and (2) the Contractor notifies the COR and the local assigned branch POC of any proposed substitution at least 7 calendar days in advance of the substitution. The Government will make the selection of replacement position for vacancies from the list of qualified personnel provided by the Contractor. Such notification shall include: (i) an explanation of the need for the substitution, (ii) a complete resume of the proposed substitute(s), and (iii) any other information requested by the COR for use in determining the substitute's qualifications. The COR will evaluate such requests and notify the Contractor of his/her approval or disapproval of submitted candidates.

14.3 The contractor shall coordinate contractor personnel absences from the duty station with the COR and the local assigned branch POC that the contractor personnel supports by providing notice as soon as practicable.

15.0 SECURITY:

15.1 The Contractor shall adhere to SWFLANT’s employee check-in and checkout procedures. The Contractor shall complete all mandatory DoD/Navy/SSP training by the established deadlines.

15.2 Vendor must have a current facility clearance – SECRET. All contractor personnel shall currently possess and maintain a SECRET Clearance. Clearance is to be granted by the Defense Security Service.

15.3 The contractor shall comply with SECNAV 5239 series and SWFLANTINST 5239 series when operating government computer workstations or systems, and with DOD M- 5200.01, Vol 1-4, Information Security Program, and SECNAV M-5510.36, Information Security Program, when processing classified information on government computer workstations or systems. Compliance with this directive is mandatory during the execution of efforts within this Performance Work Statement.

16.0 CONTRACT TYPE

This is a Firm-Fixed-Price (FFP) contract.

FAR 52.212-1 ADDENDUM: Instructions to Offerors – Commercial Items

SWFLANT requests a Firm-Fixed-Price (FFP) proposal/quote by 26 July 2023 at 12:00 PM (EST) to provide the services/supplies described in this notice. The Government may consider late quotes. Contractors responding to this request must furnish a quote as described below.

The proposal must demonstrate an understanding of and ability to meet all of the requirements set forth in the Performance Work Statement (PWS) referenced herein. Throughout the proposal, the Offeror shall provide sufficient detail to substantiate the validity of all statements. The Offeror shall demonstrate that the Proposal complies with the requirements, terms, and conditions of the solicitation. General statements that the Offeror can or will comply with the requirements, that standard procedures will be used, that well known techniques will be used, or paraphrasing the solicitation’s requirements in whole or in part, will NOT constitute compliance. Failure to conform to any of the requirements of the solicitation may form the basis for rejection of the Proposal.

Brochures are not desired; clarity, completeness, and conciseness are essential and the overall quality of the proposal will be evaluated in the context of being representative of the Offeror’s services. An Offeror’s proposal is presumed to represent the best efforts to respond to the solicitation.

Since only the proposal submitted in response to this solicitation will be evaluated, Offerors should make certain that their Proposal is complete with regard to the information provided. Data previously submitted, or presumed to be known, e.g., previous projects performed for the Government, will not be considered in the evaluation unless that information is physically contained in the Proposal.

Offerors are advised that the Government may selectively verify any information provided in the proposal. Offerors are cautioned that they are responsible to ensure that material that they desire to have evaluated for a particular section is contained in that specific section.

SUBMITTAL INSTRUCTIONS:

Proposals may be only e-mailed directly to spk12contracts@swflant.navy.mil, the sole designated e-mail address and inbox for receipt of e-mail submissions. No other electronic means of submission, used in whole or in combination with e-mail, is permitted.

E-mail proposals shall be in either Adobe or Microsoft Office format. Offerors are advised that the Government may be unable to receive other types of electronic files (e.g., .zip files) or files in excess of 20 megabytes. To be timely, an e-mail proposal must be received in its entirety in the designated E-mail inbox by the due date and time for proposal submission. An e-mail proposal that resides on a Government server, but has not appeared in the designated e-mail inbox by the due date and time for proposal submission will be considered late unless the exception at FAR 52.212-1(f) (2) (i) (A) applies. The exception at FAR 52.212-1(f) (2) (i) (B) shall not apply to e-mail proposals. Unless offeror proposes a shorter period, by submission of an offer, the offeror agrees that its offer, including any timely revisions thereto, shall remain valid until the Government makes award under this solicitation. The foregoing does not preclude an offeror from withdrawing its offer prior to award.

Proposals shall be presented in two (2) separate volumes:

· Volume I (Technical Acceptability)

· Volume II (Price and Solicitation Documents)

Volume I shall not contain any pricing data. The pages are to be typed; no less than 1 1/2 line spacing, and no smaller than 12 size type. All Offeror documentation, such as foldouts, charts, figures, tables, is included in the ten (10) page limit. All material in excess of the page limits will be neither read nor evaluated.

VOLUME 1: Technical Documents

Factor 1: Technical Acceptability

Offerors shall propose personnel with the necessary experience, qualification, and certifications identified under Section 5.0 of the PWS and that possess and maintain a Secret security clearance and that speak fluent English.

VOLUME II: PRICE and SOLICITATION DOCUMENTS

Factor 2: Price

Provide a FFP quote for all required supplies and/or services including the option year. Any costs related to credit card fees, delivery costs, and handling costs, as applicable, shall be included. The pricing submitted shall cover all aspects of the proposed effort, including option prices. Data contained in the pricing submitted shall be consistent with data contained in Volume 1. The pricing data shall support the level of resources (products and services) required to complete the requirements of this solicitation.

If travel is required in support of this requirement, the contractor shall include a detailed Basis of Estimate (BOE) that is priced in accordance with the Joint Federal Travel Regulations (JFTR). Each component of the proposed travel expense shall clearly identify the date(s), location(s), duration(s), quantity of personnel, and cost for the proposed travel.

Solicitation Documents

Proposal Cover Letter: The following information shall be provided on the Proposal cover letter:

Authorized Offeror Personnel: Provide the name, title, telephone number, facsimile number, and e-mail address of the individual who can contractually obligate your company. Also, identify those individuals authorized to negotiate with the Government and who can answer questions regarding your proposal.

Company/Division Street Address: Provide company/division’s name, street address, county and facility code, size of business (small), and labor surplus area designation.

Exceptions to the RFP (if applicable): Offerors are to detail clearly any exceptions taken and the rationale for the exceptions taken to the RFP in this section. Please note that exceptions taken to the RFP may render the Offeror’s Proposal unacceptable to the Government.

EXCEPTIONS TO THE RFQ

Identify any exceptions taken with the RFQ content and the rationale for the exceptions to the RFQ, to include any terms or conditions applicable to payment by Government Commercial Purchase Card (GCPC), if GCPC is identified as the method of payment in the RFQ.

NOTE: Exceptions to the RFQ may render the quote noncompliant and ineligible for award.

QUESTIONS

Questions regarding this solicitation shall be submitted in writing via e-mail to: spk12contracts@swflant.navy.mil. The deadline for questions is 12:00 PM (EST) on 17 July 2023.

FAR 52.212-2 ADDENDUM: Evaluation– Commercial Items

a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Award Consideration

The Government will make a single award using the Lowest Price Technically Acceptable (LPTA) source selection. The Government intends to award on initial offers but reserves the right to conduct discussions. The following factors shall be used to evaluate proposals:

Selection of an offeror for award will be based on two parts, as follows:

Technical Acceptability (Factor 1)

To be determined technically acceptable, an Offeror must submit a quote that does not take exception to any terms of the solicitation. The Contracting Officer will use the following rating table:

An award will only be made to an Offeror that satisfies the general responsibility standards of FAR 9.104-1.

The Contracting Officer may either make a responsibility determination without requesting any information from an Offeror or require the Offeror provide information to substantiate that it satisfies the general responsibility standards of FAR 9.104-1. The particular information requested from an Offeror will be specific to that Offeror. For example, an Offeror that the Contracting Officer is less familiar with may be required to provide information not required from another Offeror. The Contracting Officer may consider an Offeror's inability to promptly respond to a request for information as an indication the Offeror is non-responsible since FAR 9.103(c) obligates prospective Contractors to affirmatively demonstrate their responsibility.

When the Contracting Officer requests responsibility information, the Contracting Officer's request, the Offeror's response, and all related communications between the Government and Offeror are solely for the purpose of determining whether the Offeror is responsible. These communications will not constitute discussions within the meaning of FAR 15 .306 since the Offeror will not be given an opportunity to revise its quote.

While the Contracting Officer may require the Offeror to provide any information related to the standards at FAR 9 .104-1, the following are examples of information that may be required:

(a) A demonstration, through information such as bank references and financial information (e.g., most current annual balance sheet), that the Offeror has adequate financial resources to perform the contract.

(b) A demonstration the Offeror's price is not so low as to call into question the Offeror's capability to successfully perform the contract.

( c) Past Performance information on recent contracts for items similar to this requirement, including a point of contact for the Government activity or commercial entity customer.

( d) A demonstration the Offeror can comply with the required performance schedule, including a transition plan.

( e) A demonstration the Offeror has, or can obtain, the organizational, management and technical skills to successfully perform. This demonstration may involve the particular personnel and approaches available to the Offeror ( e.g., resumes and notices of intent).

(f) The Offeror's quality assurance procedures.

(g) The equipment and facilities the Contractor will use.

(h) Contractors shall have a satisfactory record of integrity and business ethics in accordance with FAR 9.104-1 ( d).

(i) Completion of the Representations and Certifications under 52.212-3 Alt I contained in this solicitation.

(j) A demonstration the Offeror isn't an inverted domestic corporation.

(k) A demonstration the Offeror has all registrations, permits and licenses required to perform the contract in the location for which the Offeror is proposing.

(1) In the event the Offeror is a joint venture, a Memorandum of Association which indicates who has the authority to bind the company.

Nothing in this provision limits the Contracting Officer's discretion to rely on information available from other sources (e.g., past performance data bases, discussions with other entities familiar with the Offeror) or to use any other technique described FAR 9 .1 when determining whether the Offeror satisfies the FAR 9 .104-1 general responsibility standards.

In accordance with FAR 9.104-3( d), upon making a determination of non-responsibility with regard to a Small Business concern, the Contracting Officer shall refer the matter to the Small Business Administration, which will decide whether to issue a Certificate of Competency.

Price Proposal (Factor 2)

The Government will award a contract resulting from this solicitation to the responsible Offeror whose offer conforming to the solicitation is the lowest price technically acceptable.

The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

A written notice of award or acceptance of an offer mailed or otherwise furnished to the successful Offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer ( or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

The Government reserves the right to award a contract on the basis on initial offers received without discussions. Therefore, each initial offer must contain the Offeror's best terms from the ability to meet the selection criteria and provide the best possible service and product to the Government.

The offeror' s proposed price will be evaluated on the basis of price reasonableness. The price proposal will be evaluated based on the total overall cost to the Government for the base period, the two option years. The Government will add Base Period, and Option Years for determining lowest overall total evaluated price.

The evaluation may include, but is not limited to the following:

(a) Comparison of proposed prices received in response to the solicitation.

(b) Comparison of the proposed prices to historical prices paid, whether by the Government or other than the Government, for the same or similar items.

( c) Comparison with competitive published price lists published market prices of commodities, similar indexes, and discount or rebate arrangements.

( d) Comparison of proposed prices with independent Government cost estimates.

( e) Comparison of proposed prices with prices obtained through market research for the same or similar items.

(f) Analysis of data other than certified cost or pricing data provided by the offeror.

SELECTION

The lowest price technically acceptable source selection process will be utilized. The Government will award a contract resulting from this solicitation to the lowest total priced responsible offeror whose offer does not take exception to any terms of the solicitation. The Government will review all offerors' Technical Proposal, Price Proposal and make a responsibility determination.

Only the offeror(s) that do not take exception to any terms of the solicitation will be considered for further award. An unacceptable offer cannot be accepted unless discussions are held and the offeror submits a revised proposal that is technically acceptable. Once the overall ratings have been established, award will be made to the lowest priced offeror. Therefore, the lowest priced offeror who is found acceptable in Technical Acceptability will be selected for award.

A competitive range will be established if there are no technically acceptable or reasonably priced offerors. Discussions will be held with all offerors in the competitive range. Final proposal revisions will be accepted from all offerors in the competitive range and the evaluation process will commence as described above.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

( c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer ( or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

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 and 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) Representations. The Offeror represents that--

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

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

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

(e) Disclosures.

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

(i) For covered equipment--

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

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

(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)

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

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

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

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

Covered telecommunications equipment or services means--

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

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

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

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

Critical technology means--

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

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

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

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

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

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

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

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

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

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

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

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

(b) Prohibition.

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

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

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) Representations.

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

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022) ALTERNATE I (OCT 2014)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

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

"Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the…