Combined Synopsis_Solicitation_210009 11042020.doc

COMBINED SYNOPSIS/SOLICITATION

70Z04421R21000900 Title: High Frequency Radio Base System (HFRS) Issued by:

U.S. Coast Guard

C5I Contracting and Procurement (CG-914) 4000 Coast Guard Blvd.

Portsmouth, VA 23703-2199

Contracting POC:

Manuel E. Miranda, Contract Specialist

Telephone Number: (757) 295-2275 E-Mail Address: manuel.e.miranda-santiago@uscg.mil

Issue Date: 15 Jan 2021 Offer Due Date/Time: 1 Mar 2021 / 12:00 PM

NOTICE FOR FILING AGENCY PROTESTS

United States Coast Guard Ombudsman Program

CGAP (March 2014 Edition through Change Notice 17-02, September 2019) Appendix B It is the policy of the United States Coast Guard (USCG) to issue solicitations and make contract awards in a fair and timely manner. The Ombudsman Program for Agency Protests (OPAP) was established to investigate agency protest issues and resolve them without expensive and time- consuming litigation. OPAP is an independent reviewing authority that is empowered to grant a prevailing protester essentially the same relief as the Government Accountability Office (GAO).

Interested parties are encouraged to seek resolution of their concerns within the USCG as an Alternative Dispute Resolution (ADR) forum rather than filing a protest with the GAO or some external forum. Interested parties may seek resolution of their concerns informally or opt to file a formal agency protest with the Contracting Officer or Ombudsman.

Informal Forum with the Ombudsman. Interested parties who believe a specific USCG procurement is unfair or otherwise defective should first direct their concerns to the applicable Contracting Officer. If the Contracting Officer is unable to satisfy their concerns, interested parties are encouraged to contact the U.S. Coast Guard Ombudsman for Agency Protests. Under this informal process the agency is not required to suspend contract award performance. Use of an informal forum does not suspend any time requirement for filing a protest with the agency or other forum. In order to ensure a timely response, interested parties should provide the following information to the Ombudsman: solicitation/contract number, contracting office, Contracting Officer, and solicitation closing date (if applicable).

Formal Agency Protest with the Ombudsman. Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the Contracting Officer through open and frank discussions. If the protester’s concerns are unresolved, an Independent Review is available by the Ombudsman. The protester may file a formal agency protest to either the Contracting Officer or as an alternative to that, the Ombudsman under the OPAP program.

Contract award or performance will be suspended during the protest period unless contract award or performance is justified, in writing, for urgent and compelling reasons or is determined in writing to be in the best interest of the Government. The agency’s goal is to resolve protests in less than 35 calendar days from the date of filing. Protests shall include the information set forth in FAR 33.103(d) (2). If the protester fails to submit the required information, resolution of the protest may be delayed or the protest may be dismissed. To be timely protests must be filed within the period specified in FAR 33.103(e). Formal protests filed under the OPAP program should be submitted electronically to OPAP@uscg.mil and the Contracting Officer or by hand delivery to the Contracting Officer.

Election of Forum. After an interested party protests a Coast Guard procurement to the Contracting Officer or the Ombudsman, and while the protest is pending, the protester agrees not to file a protest with the GAO or other external forum. If the protest is filed with an external forum, the agency protest will be dismissed.

The Ombudsman Hotline telephone number is 202.372.3695.

combined synopsis/solicitation 70Z04421R21000900

(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice, to award a single-award Indefinite Delivery/Indefinite Quantity (IDIQ) contract. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

(ii) The Solicitation Number is 70Z04421R21000900. This solicitation is issued as a Request for Proposal (RFP).

(iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2021-01 / 10-2-2020.

(iv) This acquisition is: Unrestricted (no set-asides) NAICS: 334220, Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing Size Standard: 1,250 employees

(v) Contract line item number(s) (CLINS) and items, quantities and units of measure, (including option(s)): See Attachment 1, Kit Pricing.

(vi) Description of requirements for the items/services to be acquired: See Attachment 2, HFRS Specification

(vii) Date(s) and place(s) of delivery and acceptance and FOB point.

· Contract Period of Performance: Ten (10) years

· Place of Delivery/Acceptance: See Attachment 6, Markings, Packaging, Delivery, and Inspection/Acceptance. Attachment 6 requirements apply to all delivery orders, except that the delivery location for the first order will be USCG C3CEN, 4000 Coast Guard Blvd, Portsmouth, VA 23703 to facilitate integration testing).

· FOB Point: Destination

(viii) FAR Provision 52.212-1, Instructions to Offerors—Commercial, applies to this acquisition. See Section 4 for the addenda to the provision.

(ix) FAR Provision 52.212-2, Evaluation—Commercial Items, applies to this acquisition. See Section 5 for the full text of the provision.

(x) FAR Provision 52.212-3, Offeror Representations and Certifications—Commercial Items, with Alternate I, applies to this acquisition.

An Offeror shall only complete and submit with their offer (via the Cover Letter) paragraph (b) of FAR Provision 52.212-3 (with Alternate I) if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) website located at https://www.sam.gov/portal. (By completing only paragraph (b), the offeror verifies by submission of their offer that the representations and certifications currently posted electronically (on the SAM website) at FAR 52.212-3 have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of their offer.)

If the Offeror has not completed the annual representations and certifications electronically via the SAM website, the Offeror shall complete only paragraphs (c) through (u) of FAR Provision 52.212-3 (with Alternate I) and submit with their offer. See Attachment 11 for a copy of FAR Provision 52.212-3 (with Alternate I).

Note: Please note that paragraph (g)(5), Trade Agreements Certificate, of FAR Provision 52.212-3 applies to this procurement.

(xi) FAR Clause 52.212-4, Contract Terms and Conditions—Commercial Items, applies to this acquisition and is incorporated by reference. See Section 2

(xii) FAR Clause 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items, applies to this acquisition. See Section 2 regarding which of the additional FAR Clauses cited in 52.212-5 are applicable to the acquisition.

(xiii) Additional contract requirement(s) or terms and conditions: See Section 1.

(xiv) Defense Priorities and Allocations System (DPAS) and assigned rating: Not Applicable

(xv) The date, time and place offers are due.

Offer Due Date/Time: 1 March 2021 / 12:00 PM Submit offers utilizing Department of Defense’s (DoDs) “Safe Access File Exchange” (SAFE) at https://safe.apps.mil/ to submit offers. Follow the instructions on the website and enter email address manuel.e.miranda-santiago@uscg.mil in the Recipient List.

(xvi) Questions/Concerns. All questions/concerns regarding this solicitation shall be submitted in writing to the Contract Specialist at manue.e.miranda-santiago@uscg.mil no later than 29 January 2021, 11:00 AM. The Government reserves the right to not accept follow-up/additional questions after that date. Offerors shall reference the solicitation number and provide enough information in their e-mail so the Government can easily respond to their questions/concerns. All questions/concerns and the Government’s responses will be included in a solicitation amendment and posted to Beta SAM.

Note: For security reasons, attachments to e-mails should be less than 10MB and USCG policy does not allow receipt of WinZip files via e-mail.

SECTION 1

contract requirement(s), terms and Conditions

1.1 General Description of Supplies

The United States Coast Guard (USCG) has a requirement for a commercially available scalable High Frequency (HF) Radio Communications System (HFRS). The HF radio system will be software programmable and able to transmit and receive in the HF band, have a 125W/500W/1kW configuration option for cutter configurations and be fully compatible with Cellular Over the Horizon Enforcement Network (COTHEN) and Geo-Spatial Over The Horizon ALE Matrix (GOTHAM) automatic link establishment (ALE) networks. This IDIQ contract will not include installation of the supplies; installation will be completed in accordance with another contract and/or by the Governement.

1.2 Contract Type

The contract type is a single-award Indefinite-Delivery Indefinite-Quantity (IDIQ) contract in accordance with FAR 16.504. Firm-fixed-price delivery orders may be issued in accordance with this contract. The Contractor is not authorized to provide supplies prior to the issuance of a delivery order.

1.2.1 Delivery Orders

Delivery orders will be issued in accordance with FAR 16.505, Ordering. Delivery Orders may be issued orally, by facsimile, by electronic commerce (e.g., e-mail), or by mail. Oral orders will be confirmed in writing by the Government within 48 hours. Accounting and appropriation data for obligations will be set forth on individual delivery orders.

Delivery orders will be issued using the CLIN structure in Attachment 1 (Kit Pricing) of this contract.

1.2.2 Kit Pricing

The Kit Pricing (Attachment 1) includes all the firm-fixed price CLINS for the IDIQ contract and subsequent delivery orders. The firm-fixed prices are in US dollars and include all the costs to provide and delivery the supplies/items.

The pricing of individual delivery orders will be governed by the price schedule rates set forth in the IDIQ contract regardless of when the items are ordered or actually delivered/accepted by the Government.

1.3 Minimum Contract Guarantee and Maximum Contract Ceiling

1.3.1 Minimum Contract Guarantee Amount: $10,000.00

The Government has no obligation to issue delivery orders to the Contractor beyond the minimum contract guarantee amount.

1.3.2 Maximum Contract Ceiling: $90,000,000.00

All delivery orders issued pursuant to this contract shall not exceed the Maximum Contract Ceiling. The contract will remain in place and delivery orders may be issued in accordance with the contract until the Maximum Contract Ceiling has been used in its entirety or until the contract ordering period ends, whichever occurs first.

1.4 Contract Ordering Period

The contract ordering period is a five (5) year base period and a five (5) year option period from date of contract award. This contract will be a a multi-year contract as defined in FAR 17.1, Multi-Year Contracting, and inncludes option periods/years.

Contract Ordering Period: 10 years from date of contract award if all options are exercised.

1.5 Delivery Order Period of Performance

Delivery orders may be issued at any time during the contract ordering period within the limits of FAR Clause 52.216-19. The delivery date for individual delivery orders will be specified at the delivery order level.

All delivery shall be completed by twelve (12) months beyond the expiration date of the contract in accordance with FAR Clause 52.216-22 paragraph (d).

1.6 Required Delivery Times

The required time of delivery for all delivery orders shall be within 90 calendar days after receipt of a delivery order, unless otherwise specified in the individual delivery order (i.e. in certain cases delivery will need to be delayed beyond 90 days to facilitate proper enrollment of items into the USCG warehouse inventory management system before they can be accepted).

All items (HFRS kits and spare parts) are FOB Destination.

1.7 Markings, Packaging, Place of Delivery, and Inspection/Acceptance Reference Attachment 6, Markings, Packaging, Delivery, and Inspection/Acceptance

1.8 Warranty Terms and Conditions

1.8.1 Reference Attachment 5, Warranty Terms and Conditions

1.8.2 The contractor’s Warranty Terms and Conditions will be incorporated into the awarded contract as an Attachment.

1.9 Logistics

1.9.1 Reference Attachment 12, Logistics Plan Requirements

1.9.2 The contractor’s Logistics Plan will be incorporated into the awarded contract as an Attachment.

1.10 Contract Administration

Notwithstanding the Contractor’s responsibility for total management during the performance of the Contract, the administration of the contract will require close coordination between the Government and the Contractor. The U.S. Coast Guard, C5I Contracting and Procurement (CG-914) Contracting Office will perform all contract administration. The individuals listed below will be the Government points of contact for the contract.

Contracting Office:

U.S. Coast Guard

C4IT Service Center-CPD-C3CEN-CT 4000 Coast Guard Blvd.

Portsmouth, VA 23703-2199

1.10.1 Contracting Officers (KO) for the IDIQ Contract

The Contracting Officer (KO) is responsible for ensuring performance of all necessary actions for effective contracting, ensuring compliance with the contract terms, and safeguarding the interests of the United States in the contractual relationship. The KO is responsible for ensuring that the Contractor receives impartial, fair, and equitable treatment under this order. The KO is ultimately responsible for the final determination of the adequacy of the Contractor’s performance. Communications pertaining to contractual administrative matters for this contract shall be addressed to the KO(s) listed below. Changes in, or deviations from, the scope of work shall not be effected without written modification to the Order as executed by a Contracting Officer.

Contracting Officer: Jessica L. Coltz, Telephone #:(757) 686-6846, E-Mail: Jessica.L.Coltz@uscg.mil

1.10.2 Delivery Order Contracting Officers (DO KO)

Supplies will be ordered via delivery orders issued by Delivery Order Contracting Officers within the terms and conditions of this contract.

1.10.2.1 Authorized Delivery Order Contracting Officers

U.S. Coast Guard, CG-914 Contracting Officers are authorized to issue delivery orders in accordance with this contract. The IDIQ contract level Contracting Officer or administrative Contracting Officer (Section 1.10.1) may give written authorization to other USCG Contracting Officers to issue delivery orders in accordance with this contract.

1.10.3 Contract Specialist (KS) for the IDIQ Contract

The Contract Specialist (KS) serves as the point of contact between the Contractor and the Contracting Officer for this contract.

Contract Specialist: Manuel E. Miranda, Telephone #: (757) 295-2275, E-Mail: manuel.e.miranda-santiago@uscg.mil

1.10.4 Contracting Officer’s Representative (COR) for the IDIQ Contract The COR is a Government employee designated in writing by the Contracting Officer to act as a technical advisor for the Contracting Officer for items within the scope of this contract. A designation letter will set forth the authorities and limitations of the COR under the contract. A COR does not have a warrant that provides the authority to contractually commit the Government and is not authorized to change any of the terms and conditions of the contract.

1.10.5 Delivery Order (DO) Contracting Officer’s Representative (COR)

The Delivery Order Contracting Officer may designate CORs for individual delivery orders that will be responsible for the technical coordination of the delivery order. A designation letter will set forth the authorities and limitations of the DO COR under the delivery order.

The DO COR will represent the Delivery Order Contracting Officer in the administration of technical details within the scope of the delivery order. DO COR is also responsible for the final inspection and acceptance of all delivery order deliverables and reports, and such other responsibilities as may be specified in the delivery order. The DO COR is not otherwise authorized to make any representations or commitments of any kind on behalf of the Delivery Order Contracting Officer or the Government. The DO COR does not have authority to alter the Contractor’s obligations or to change the delivery order specifications, price, terms or conditions. If, as a result of technical discussions, it is desirable to modify delivery order obligations or the specification, changes will be issued in writing and signed by the Delivery Order Contracting Officer.

1.11 Invoicing and Payment Information

1.11.1 Electronic submission of invoices is mandatory for payment under a delivery order, unless otherwise stated in a delivery order. Delivery Orders will identify whether FPD/CIMS or NESSS invoicing instructions are applicable depending on which USCG Financial or Contract Writing System is used to issue the delivery order.

1.11.2 Invoicing Schedule

Invoices may be submitted after the supply(s) (kits, spare parts) ordered via a delivery order are received, inspected, and accepted by the Government.

1.11.3 Proper Invoice

The Contractor shall submit a proper invoice as identified in FAR Clause 52.212-4, (g) Invoice. All invoices shall be itemized to correlate to the Schedule of Supplies/Services listed in the awarded Delivery Order.

An invoice must include—

· Name and address of the Contractor (the name on the invoice must match the name listed on the Delivery Order);

· Invoice date and invoice number;

· Contract Number, Order Number, and Requisition Number;

· Contract Line Item Number(s) (CLIN);

· Description of item/Product Name;

· Quantity invoices, unit of measure, unit price and extended price of the items delivered;

· Total invoice amount;

· Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

· Terms of any discount for prompt payment offered;

· Name and address of official to whom payment is to be sent;

· Name, title, phone number, and e-mail address of person to notify in event of defective invoice;

· Contractor’s Taxpayer Identification Number (TIN);

· Contractor’s DUNs and Cage Code numbers; and

· A completed/Government signed DHS Form 700-21 (Material Inspection Acceptance and Receiving Report). The DHS Form 700-21 must be signed by a federal employee to ensure ownership is taken by the Government at the USCG storage location.

All improper and/or defective invoices will be rejected which could delay payment. Improper and/or defective invoices will be rejected and returned to the Contractor with the reason(s) the invoice is improper or defective; the Contractor will need to correct the invoice and resubmit the invoice in accordance with the invoice submission instructions.

1.11.4 CIMS/FPD Invoicing Instructions

The Contractor shall submit all CIMS/FPD invoices for supplies via the U.S. Coast Guard Finance Center (FINCEN) website at: www.fincen.uscg.mil

· On the FINCEN website, select “Submitting Invoices” under “Vendors” (on the right hand side of the screen)

· Select “Coast Guard Vendors” (in the middle of the screen)

· Select “Coast Guard Award Invoices or Contract/Order Invoice” (in the middle of the screen)

· Select “Online: Coast Guard Award Invoices or Contract/Order Invoices” (in the middle of the screen)

· Next, you will be requested to “Please Log In” with your e-mail address and password.

(First time users will need to create a vendor login (click “Create a login”); please reference the “USCG Vendor Electronic Invoice Submissions Quick Reference Guide” located on the same web page for additional information.)

· Once you have logged in, follow the instructions to complete the “Contractor Invoice Submission Form” and submit your invoice.

The electronic submission requires the contractor to:

· Complete the “Contractor Invoice Submission Form” (which is available after you log in to the website)

· Select the correct Invoice Routing Code, which is C3CEN (the Contractor shall select the correct Invoice Routing Code for timely invoice processing.)

· Attach a single PDF file, which can be no larger than 3 MB, containing the invoice and any necessary supporting documentation. (Grey-scale PDFs and Portfolio PDFs are not compatible.)

· If your single PDF file is larger than 3 MB, complete the “Contractor Invoice Submission Form” via the FINCEN website and attach the invoice document only. E-mail all supporting documentation to the Contract Specialist/Contracting Office and COR below.

In addition, the Contractor shall send a copy of the invoice and all supporting documentation via e-mail to the Contract Specialist at manuel.e.miranda-santiago@uscg.mil.

SECTION 2

contract clauses

FAR 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items (MAR 2020) (FAR Class Deviation 20-04)

The full text of a FAR clause may be accessed electronically at: https://www.acquisition.gov/ The full text of a Deviation may be accessed electronically at: https://www.dhs.gov/publication/current-far-deviations

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

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

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

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

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

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

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

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

_X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

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

Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016)

(Pub. L. 111-117, section 743 of Div. C).

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101note).

_X_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018)

(41 U.S.C. 2313).

(10) [Reserved].

__ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Mar 2020) (15 U.S.C.657a).

__ (ii) Alternate I (Mar 2020) of 52.219-3.

__ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar

2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (Mar 2020) of 52.219-4.

__ (13) [Reserved]

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

__ (ii) Alternate I (Mar 2020).

__ (iii) Alternate II (Nov 2011).

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

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

__ (iii) Alternate II (Mar 2004) of 52.219-7.

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

X (17) (i) 52.219-9, Small Business Subcontracting Plan (Mar 2020) (15 U.S.C. 637(d)(4)).

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

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

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

__ (v) Alternate IV (Aug 2018) of 52.219-9

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

__ (19) 52.219-14, Limitations on Subcontracting (Mar 2020) (15 U.S.C.637(a)(14)).

_X_ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

(21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Mar 2020) (15

U.S.C. 657f).

_X_ (22) (i) 52.219-28, Post Award Small Business Program Representation (Mar 2020) (15 U.S.C. 632(a)(2)).

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

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Mar 2020) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Mar 2020) (15 U.S.C. 637(m)).

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

__ (26) 52.219-33, Nonmanufacturer Rule (Mar 2020) (15 U.S.C. 637(a)(17)).

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

_X__ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2020) (E.O.13126).

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

_X_ (30) (i) 52.222-26, Equal Opportunity (Sept 2016) (E.O.11246).

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

_X_ (31) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

___ (ii) Alternate I (July 2014) of 52.222-35.

_X_ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.793).

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

_X_ (33) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

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

_X_ (35) (i) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O. 13627).

__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter78 and E.O. 13627).

__ (36) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

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

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

__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons

(Jun 2016) (E.O. 13693).

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

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

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

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

__ (ii) Alternate I (Jun 2014) of 52.223-14.

(42) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

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

13423 and 13514).

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

_X_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

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

__ (46) 52.223-21, Foams (Jun 2016) (E.O. 13693).

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

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

__ (48) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83).

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L.

103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

(ii) Alternate I (May 2014) of 52.225-3.

__ (iii) Alternate II (May 2014) of 52.225-3.

__ (iv) Alternate III (May 2014) of 52.225-3.

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

_X_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016)

(Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42

U.S.C. 5150).

__ (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.4505, 10 U.S.C.2307 (f)).

__ (56) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C.4505, 10 U.S.C.2307 (f)).

_X_ (57) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (31 U.S.C. 3332).

__ (58) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C.3332).

__ (59) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.3332).

___ (60) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) (DEVIATION 20-04 APR 2020)(31U.S.C. 3903 and 10 U.S.C. 2307).

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

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

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

U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

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

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

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

__ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).

__ (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

__ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

__ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

(8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

__ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

__ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C.

1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

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

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C.637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

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

(viii) 52.222-26, Equal Opportunity (Sept 2015) (E.O.11246).

(ix) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C.4212).

(x) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.793).

(xi) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C.4212)

(xii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xiii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

(xiv) (A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O 13627).

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

(xv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

(xvi) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

(xvii) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).

(xviii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xix) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

(xx) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10

U.S.C. 2302 Note).

(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxiii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006)

(46 U.S.C. Appx. 1241(b) and 10 U.S.C.2631). Flow down required in accordance with paragraph (d) of

FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

FAR CLAUSE 52.204-1: Approval of Contract (DEC 1989) This contract is subject to the written approval of the CG-9143 Branch Chief (or other Supervisory Contracting Officer above the Contracting Officer) and shall not be binding until so approved.

(End of Clause)

FAR CLAUSE 52.204-25 Prohibition On Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Deviation 20-05) (Aug 2020) Rev. 1

(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 ofpublic safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by H ytera 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 ofFederal 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 of2018 (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)(l)(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)(l)(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

(!) 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 in writing via email to the Contracting Officer, Contracting Officer's Representative, and the Enterprise Security Operations Center (SOC) at NDAA Incidents@hq.dhs.gov, with required information in the body of the email. 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 Enterprise SOC, Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) and Contracting Officer's Representative(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)(l) 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 ), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

(End of clause) FAR CLAUSE 52.216-18: Ordering (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from date of contract award through the last day of the contract ordering period.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of Clause)

FAR CLAUSE 52.216-19: Order Limitation (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $10,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of $82,506,158.28;

(2) Any order for a combination of items in excess of $82,506,158.28; or

(3) A series of orders from the same ordering office within thirty (30) days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within five (5) days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons.