COMBINED SYNOPSIS SOLICITATION N4044320Q0116 BRASHEAR TV DTS.pdf

Military Sealift Command Combined Synopsis and Solicitation Notice Information

1. This is a combined synopsis/solicitation for commercial items prepared in accordance with FAR 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

2. Solicitation number is N4044320Q0116 and is being issued as a Request for Quotes (RFQ).

3. The solicitation document incorporates provisions and clauses. See http://acquisition.gov/far for additional information.

4. The associated NAICS code is 334220 and this procurement:

is not being set-aside for small businesses.

is being set-aside for small businesses. The small business size standard is 1250

5. The table attachment lists the Contract Line Item Number(s) (CLIN(s)) and items, quantities and units of measure, inclusive of any applicable options:

MATERIALS LIST: SEE STATEMENT OF WORK

(i) Earliest shipping date possible; Government will add five calendar days to ARO to establish delivery date (if delivery date falls on a holiday or weekend, will use next business day).

(ii) Shipments are to be consolidated to the greatest extent possible on a ship-by-ship basis.

(iii) Mark each package for shipment with the following information:

SEE STATEMENT OF WORK

(iv) Partial shipments are authorized.

(v) IUID charge is required for parts with a unit price of $5,000.00 or more (See 252.211-7003 full text below). If not charging for IUID, so state. If charging for IUID, please list price separately and the part to which it pertains.

(vi) All parts are to be NEW (unless otherwise stated)

Quote to include the following information:

TOTAL: ___________

Estimated Delivery Date if Different than Requested Date____________

Are items being imported? ________ If so, from what country? ____________

Provide the following information with your quote plus any additional information which is applicable to the materials list. Any items that are not applicable please designate with N/A http://acquisition.gov/far

Provide the Following information with your quote plus any additional information which is applicable to the statement of work. Any items that are not applicable please designate with N/A.

PERIOD OF PERFORMANCE (if other than requested):

Wage Determination _________________________________________ is applicable to this service.

LABOR:

Rate type (e.g. Straight Time; Overtime) x Number of hours for all personnel

Note: Contractor must provide a copy of published hourly/daily rates for documentation.

MATERIALS:

Estimated materials: Provide a detailed list of all estimated materials, the cost for each and the part numbers (if applicable).

Other Costs:

List any other cost, which does not fall with the above categories (e.g. travel, per diem, rental car, hotel, administrative fees, shipping):

Prior Awards:

Provide any contract numbers for purchase orders in which you have previously performed this work:

Firm Fixed Price Total (includes all charges): $__________________________.

Company Name: _______________________

CAGE Code: ____________________

DUNS Number: ____________________

6. The required delivery and acceptance date is {insert RDD date here}. Delivery and acceptance will occur at {insert location of delivery on CMLS printout here}. The items being procured are to be provided Choose an item. If more than one delivery and acceptance dates or locations apply, enter a table with the required information. If the delivery requirements are stated in the PWS/SOW/SOO, it is acceptable to provide the applicable reference(s) instead. SEE STATEMENT OF WORK

7. The provision at FAR 52.212-1, Instructions to Offerors – Commercial applies to this acquisition and is amended as follows:

52.212-1 (ADDENDUM) ADDITIONAL INSTRUCTIONS TO OFFERORS--COMMERCIAL

ITEMS

a. After receipt of quotes the Government may, with or without notice, negotiate with and, if desired, seek quote revisions from as many or as few quoters as it, in its discretion, deems appropriate.

b. The term “offeror” or “offer” as used in FAR 52.212-1 shall be understood to mean “quoter” and

“quote,” respectively. Further, the term “award” shall be understood to describe the Government’s issuance of an order.

c. The following paragraphs in FAR 52.212-1 shall not apply to this RFQ: b, c, f (except f(4)), and l.

d. The Government will consider all quotes that are timely received and may consider late quotes. Failure of a quote to address any items required in the submission package may make a quote unacceptable.

e. SUBMISSION PACKAGE

1. The quote shall contain the following:

-Price quote which identifies the requested item(s), unit price, shipping charges and extended price.

-Firm-fixed Price total to include ALL shipping and packaging charges.

-Remittance address, Tax identification Number, DUNS number and Cage Code.

2. A completed copy of the representations and certifications at DFARS 252.212-7000

Representations and Certifications.

8. Basis for the award: Award will be made to the responsible, technically acceptable quoter, whose quote, conforming to the combined synopsis/solicitation, offers the lowest evaluated price.

9. All quoters must include a completed copy of FAR 52.212-3, Offeror Representations and

Certifications – Commercial Items with its offer.

10. The clause at FAR 52.212-4, Contract Terms and Conditions – Commercial Items applies to this acquisition. {Insert any applicable addenda}

Offers/quotes submitted in response to this solicitation shall not contain nor be subject to the offeror's/vendor's standard commercial terms and conditions. Any offer/quote submitted in response to this solicitation which includes the offeror's/vendor's standard commercial terms and conditions may be considered a material defect and may be rejected as being non-responsive to the solicitation.

11. The clause at FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes Or

Executive Orders – Commercial Items applies to this acquisition. The following additional FAR clauses contained within FAR 52.212-5 are applicable to this acquisition: (DELETE CLAUSES

THAT TO NOT APPLY TO PROCUREMENT)

52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004)

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

(Oct 2016) (IF OVER $25K)

52.209-6 Protecting the Government’ Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment (Oct

2015) (IF OVER $30K)

52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (Jan 2011) (Use if full and open is utilized-only if you dissolve set aside, not for sole source) 52.219-6 Notice of Total Small Business Set-Aside (Nov 2011) (USE IF SMALL

BUSINESS SET ASIDE, NOT SOLE SOURCE)

52.219-28 Post-Award Small Business Program Representation (Jul 2013) (IF

PERFORMANCE IS IN US OR ITS TERRITORIES)

52.222-3 Convict Labor (June 2003) (IF PERFORMANCE IS IN US OR ITS

TERRITORIES)

52.222-19 Child Labor - Cooperation with Authorities and Remedies (Jan 2018)

(ALL MATERIAL)

52.222-21 Prohibition of Segregated Facilities (Apr 2015)

52.222-26 Equal Opportunity (Apr 2016)

52.222-35 Equal Opportunity for Disabled Veterans (Oct 2015) (>$100 except when work is performed outside the US by employees recruited outside the US)

52.222-36 Affirmative Action for Workers with Disabilities (Jul 2014) (>$15k except when both performance of the work and the recruitment of workers will occur outside the US and its territories) 52.222-37 Employment Reports on Special Disabled Veterans (Jul 2016) (USE

IF >$100 AND WHEN 52.222-35 IS INCLUDED)

52.222-50 Alt I Combating Trafficking in Persons (Mar 2015) (USE IF CONTRACT

PERFORMANCE IS OUTSIDE THE US)

52.223-18 Contractor Policy to Ban Text Messaging While Driving (Aug 2011)

52.225-13 Restrictions on Certain Foreign Purchases (Jun 2008)

52.232-33 Payment by Electronic Funds Transfer --Central Contractor Registration

(Jul 2013)

52.222-41 Service Contract Act (May 2014) (USE IF SCA APPLIES)

52.222-42 Statement of Equivalent Rates for Federal Hires (May 2014) (USE IF

SCA APPLIES)

52.247-64 Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb

2006)

12. This solicitation does not have a Defense Priorities and Allocation System (DPAS) rating.

13. Only emailed quotes will be accepted. E-mail quotes shall be in either Adobe or Microsoft Office format. Quoters 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 quote must be received in its entirety in the designated E-mail inbox by the due date and time for quote submission.

Email quotes to KO Email Address Here.

14. For additional information regarding this solicitation contact {enter POC} at {enter email and phone number}.

15. The following additional FAR and DFARS clauses are applicable to this acquisition:

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal

Confidentiality Agreements or Statements-Representation (Jan 2017)

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (Jan 2017)

52.204-2 Security Requirements (Aug 1996) (clause SHALL be inserted in solicitations and contracts when the contract may require access to CLASSIFIED

INFORMATION. IF this clause is required, then if so, complete a DD 254.

Questions? Please ask!!!

52.204-7 System for Award Management (Oct 2016)

52.211-6 Brand Name or Equal (Aug 1999) (FOR MATERIALS)

52.212-1 Instructions to Offerors -- Commercial Items (Jan 2017)

52.212-4 Contract Terms and Conditions-Commercial Items (Jan 2017)

52.222-55 Minimum Wages Under Executive order 13658 (Dec 2015) (IF contract is to include 52.222-41 AND work is to be performed in whole or part in the U.S.)

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or

Transactions Relating to Iran—Representation and Certification (Oct 2015)

52.232-18 Availability of Funds (Apr 1984)

52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013

52.237-2 Protection of Government Buildings, Equipment, and Vegetation (Apr 1984)

(Use if service on a Government installation)

52.245-1 Government Property (Jan 2017) (If Government property will be furnished)

52.245-9 Use and Charges (Apr 2012) (If 52.245-1 is included)

52.246-1 Contractor Inspection Requirements (Apr 1984)

52.247-34 F.o.b. Destination (Nov 1991) (MATERIAL(S) - Vendor Responsible)

252.203-7000 Requirements Relating to Compensation of Former DOD Officials (Sep 2011)

252.203-7002 Requirement to Inform Employees of Whistleblower Rights (Jan 2009)

252.203-7997 Prohibition on Contracting with Entities that Require Certain Internal

Confidentiality Agreements (Deviation 2016-O0003) (FY 16 FUNDING FOR

Commercial items under FAR Part 12)

252.204-7000 Disclosure of Information (Aug 2013)( When KT R will have access to

Unclassified information that may be sensitive)

252.204-7003 Control of Government Personnel Work Product (Apr 1992)

252.204-7007 Alternate A, Annual Representations and Certifications (Jan 2015)

252.204-7008 Compliance with Safeguarding Defense Information Contracts

252.204-7012 Safeguarding of Unclassified Controlled Technical Information

252.211-7003 Item Identification and Validation (Jun 2013)(For Materials)

252-211-7007 Reporting of Government Property (SERVICES)

252.223-7008 Prohibition of Hexavalent Chromium (Jun 2013) (Supplies or maintenance and repair services)

252.225-7001 Buy American And Balance of Payments Program (Dec 2012)(For Material)

252.225-7002 Qualifying Country Sources as Subcontractors (Dec 2012)(If 252.225-7001 is included)

252.225-7013 Duty-Free Entry (Jun 2012)(MATERIAL(S) that will enter the customs territory of the US)

252.225-7043 Anititerrorism/Force Protectin Policy for Defense Contractors Outside the US

(Mar 2006)( If performance or travel outside of the US is required)

252.225-7995 Contractor Personnel Performing in the United Sates Central Command Area of

Responsibility (Deviation) (If performance is required in USCENTCOM area of responsibility)

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (Jun 2012)

252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel (Jun 2013)(

All Services)

252.244-7000 Subcontracts for Commercial Items (Jun 2013)( MAT ERIAL(S) & SERVICE(S)

– acquisition of (1) repairable or consumable parts identified as critical safety items; (2) systems and subsystems, assemblies, and subassemblies integral to a system; or (3) Repair, maintenance, logistics support, or overhaul services for systems and subsystems, assemblies, subassemblies, and parts integral to a system.)

252.246-7003 Notification of Potential Safety Issues (Jun 2013)

252.247-7023 Transportation of Supplies by Sea (Jun 2013)

SHIP & BASE ACCESS (DEC 2017)

Base/Repair Facility Access: Permit is required to access Navy facilities. Base/Repair Facility Access

Request is desired seven days prior to ship check or performance start date. Submit forms per the document instruction and to the Port Engineer.

Defense Biometric Identification System (DBIDS) is being implemented for access to DoD facilities in

CONUS, HI, Guam and Puerto Rico (replaces RapidGate). Vendor is responsible to acquire DBIDS credentials prior to performance start date. Delays that may result from inadequate planning are contractor responsibility. Vendor instructions and program information is available at https://www.cnic.navy.mil/om/dbids.html. DBIDS credentials require (in succession) (1) Present a letter or official document from the Government sponsoring organization that provides the purpose for your access, (2) Present valid identification, such as a passport or Real ID Act-compliant state driver's license,

(3) Present a completed copy of the SECNAV 5512/1 form to obtain your background check, (4) Upon completion of the background check, the Visitor Control Center representative will complete the DBIDS enrollment process, which includes your photo, finger prints, base restrictions, and several other assessments, and (5) After all of this is done, the contractor will be provided with the DBDIS credential.

For vendors with existing Navy Commercial Access Control System (NCACS) cards, see https://www.cnic.navy.mil/om/dbids.html for instructions to obtain DBIDS credentials. Vendor is responsible to confirm that each employee held DBIDS credentials are active for the specific facility and performance period in accordance with DBIDS.

Additional access permissions may be required in the future.

Vehicle Access: Required for vehicle access to Navy facilities. Follow supplemental instructions on

Base Access forms or base-specific vehicle access forms.

Ship Access List (Vendor-Provided): On company letterhead attachment via email, the vendor is required to provide the ship master (courtesy copy the Port Engineer) with an accurate, current list of performing personnel prior to being admitted aboard the vessel. Under no circumstances will a hand-delivered list be accepted.

T-AKE email address: MASTER@AKE#.NAVY.MIL

(example: master@ake8.navy.mil, where “8” is the hull number).

All other hulls address: MASTER.SHIPNAME@MSC.NAVY.MIL

(example: master.sioux@msc.navy.mil).

(End of Text) https://www.cnic.navy.mil/om/dbids.html https://www.cnic.navy.mil/om/dbids.html mailto:MASTER@AKE#.NAVY.MIL mailto:MASTER.SHIPNAME@MSC.NAVY.MIL mailto:master.sioux@msc.navy.mil

Enterprise-Wide Contractor Manpower Reporting Application (ECMRA)

The contractor shall report contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the Military Sealift Command via a secure data collection site. Contracted services excluded from reporting are based on Product Service Codes (PSCs).

The excluded PSCs are:

W, Lease/Rental of Equipment;

X, Lease/Rental of Facilities;

Y, Construction of Structures and Facilities;

S, Utilities ONLY; and

V, Freight and Shipping ONLY.

The contractor is required to completely fill in all required data fields using the following web address https://doncmra.nmci.navy.mil

Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. Contractors may direct questions to the help desk, linked at https://doncmra.nmci.navy.mil.

(End of Text)

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by

Kaspersky Lab and Other Covered Entities.

As prescribed in 4.2004 , insert the following clause:

Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky

Lab and Other Covered Entities (Jul 2018)

(a) Definitions. As used in this clause—

Covered article means any hardware, software, or service that–

(1) Is developed or provided by a covered entity;

(2) Includes any hardware, software, or service developed or provided in whole or in part by a covered entity; or

(3) Contains components using any hardware or software developed in whole or in part by a covered entity.

Covered entity means–

(1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab;

(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or https://doncmra.nmci.navy.mil/ https://doncmra.nmci.navy.mil/ https://acquisition.gov/content/42004-contract-clause#id1897F0KE0VG

(4) Any entity of which Kaspersky Lab has a majority ownership.

(b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year

2018 (Pub. L. 115-91) prohibits Government use of any covered article. The Contractor is prohibited from—

(1) Providing any covered article that the Government will use on or after October 1, 2018; and

(2) Using any covered article on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the contract.

(c) Reporting requirement.

(1) In the event the Contractor identifies a covered article provided to the Government during contract performance, or the Contractor is notified of such by a subcontractor at any tier or any other source, the Contractor shall report, in writing, to the Contracting Officer or, in the case of the

Department of Defense, 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 (c)(1) of this clause:

(i) Within 1 business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; brand; model number (Original Equipment

Manufacturer (OEM) 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 report pursuant to paragraph (c)(1) 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 a covered article, any reasons that led to the use or submission of the covered article, and any additional efforts that will be incorporated to prevent future use or submission of covered articles.

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

(d), in all subcontracts, including subcontracts for the acquisition of commercial items.

(End of clause)

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

Equipment.

As prescribed in 4.2105(a), insert the following provision:

Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment

(Aug 2020)

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 https://dibnet.dod.mil/ https://dibnet.dod.mil/ https://acquisition.gov/content/42105-solicitation-provisions-and-contract-clause#id1989H0G40RF other contractual instrument” in the provision at 52.204-26, Covered Telecommunications Equipment or

Services—Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and

Certifications-Commercial Items.

(a) Definitions. As used in this provision—

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

Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019

(Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

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

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year

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

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

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

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award

Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for

“covered telecommunications equipment or services”.

(d) Representation. The Offeror represents that— https://acquisition.gov/content/52204-26-covered-telecommunications-equipment-or-services-representation#id19CAC0P0ESS https://acquisition.gov/content/52212-3-offeror-representations-and-certifications-commercial-items#i1060550 https://acquisition.gov/content/52204-25-prohibition-contracting-certain-telecommunications-and-video-surveillance-services-or-equipment#id1989I600I4C https://www.sam.gov/

(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.

As prescribed in 4.2105(b), insert the following clause:

Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or

Equipment (Aug 2020)

(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 https://acquisition.gov/content/42105-solicitation-provisions-and-contract-clause#id1989H0G40RF

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 https://acquisition.gov/content/42104-waivers#id1989GI040ZO

(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 items.

(End of clause)

52.204-26 Covered Telecommunications Equipment or Services-Representation.

As prescribed in 4.2105(c), insert the following provision:

Covered Telecommunications Equipment or Services-Representation (Dec 2019)

(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.

(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) Representation. The Offeror represents that it □ does, □ does not provide covered telecommunications equipment or services as a part of its offered products or services to the

Government in the performance of any contract, subcontract, or other contractual instrument.

52.212-3 Offeror Representations and Certifications—Commercial Items (AUG

2018).

The Offeror shall complete only paragraph (b) of this provision 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. If the Offeror has not completed the https://acquisition.gov/content/42105-solicitation-provisions-and-contract-clause#id1989H0G40RF https://acquisition.gov/content/52204-25-prohibition-contracting-certain-telecommunications-and-video-surveillance-services-or-equipment#id1989I600I4C https://www.sam.gov/ https://www.sam.gov/portal annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

(a) Definitions. As used in this provision—

“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 management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13

CFR part 127. It automatically qualifies as a women-owned small business eligible under the

WOSB Program.

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following:

ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

“Inverted domestic corporation”, means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Manufactured end product” means any end product in product and service codes (PSCs)

1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

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

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of http://uscode.house.gov/ military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets

Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education;

or

(6) Have been voluntarily suspended.

“Sensitive technology”—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the

President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the

International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“Small disadvantaged business concern”, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that— http://uscode.house.gov/ http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101(2)&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101(16)&num=0&edition=prelim

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by—

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States;

and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding

$750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2);

and

(2) The management and daily business operations of which are controlled (as defined at

13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Veteran-owned small business concern” means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38

U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern—

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

“Women-owned small business (WOSB) concern eligible under the WOSB Program” (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20

(b)(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAM website.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through http://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and

Certifications—Commercial Items, 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 this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs

[Offeror to identify the applicable paragraphs at (c) through (t) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

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

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it □ is, □ is not a small business concern.

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it □ is, □ is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it □ is, □ is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, that it

□ is, □ is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it

□ is, □ is not a women-owned small business concern.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that— http://www.