ComboSol-Writing Course.docx

22 AUGUST 2023

MEMORANDUM FOR ALL INTERESTED PARTIES

FROM: Maryland Army National Guard (MDARNG) Property & Fiscal Office for Maryland Contracting Division 301 Old Bay Lane, MD 21078

SUBJECT: 2023 Army Writing Course W912K6-23-Q-0052

2023 Army Writing Course Solicitation Number: W912K6‐23-Q-0052 Notice Type: Combined Synopsis/Solicitation Response Date: September 5, 2023, 1:00 PM Set Aside: Total Small Business PSC Classification: U001– EDUCATION/TRAINING-LECTURES NAICS Code: 611691 - Exam Preparation and Tutoring

PLEASE READ THIS NOTICE CAREFULLY IN ITS ENTIRETY, AS IT CONSTITUTES THE ONLY NOTICE THAT WILL BE ISSUED." YOU MUST INCLUDE YOUR CAGE CODE, UNIVERSAL ENITY IDENTIFIER (UEI), PRICING AND TAX IDENTIFICATION NUMBER ON THE FIRST PAGE OF YOUR PROPOSAL.

This is a combined synopsis/solicitation for commercial products or commercial services prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested. Solicitation W912K6‐23‐Q‐0052 is issued as a request for quotation (RFQ). This is a new contract and there is not an incumbent currently performing these services.

Purpose: This is a non-personal services contract to provide an Army writing course to emphasize AR 25-50 for the 70th Regional Training Institute (RTI) , Maryland Army National Guard at Aberdeen Proving Grounds Edgewood Area.

1. Scope:

The 70th RTI, within the Maryland Army National Guard, has a requirement for support services to deliver one Army Writing Course in the 22SEPTEMBER, - 24 SEPTEMBER 2023.

This course provides training and graduation of up to 30 junior Army Officers in effective army writing utilizing AR 25-50.

The purpose of training certification is to teach up to 30 individuals on the clinical and technical skills necessary to write effective memorandums and correspondence.

Contractor support is required to facilitate the learning objectives to the students enrolled in the course. The contractor shall monitor student’s performance throughout the academic class and establish a graduate level understanding of the subject matter.

The contractor will be provided with any existing and available course materials, lesson plans, sample syllabus, and lecture notes from previous deliveries of the course as Government Furnished Information (GFI). Contractor will be given access to Government provided course management websites and content.

The above referenced course is an in-residence course to be delivered on-site at 70th RTI at Aberdeen Proving Grounds Edgewood Area

The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn, is responsible to the Government.

Period Of Performance: 22 SEPTEMBER 2023 through 24 SEPTEMBER 2023.

Place of Performance: The work to be performed under this contract will be performed at the 70th RTI, Aberdeen Proving Grounds Edgewood Area, Building 4208, Gunpowder MD 21010

Proposals should demonstrate an understanding of the requirements as outlined in the Performance Work Statement.. Vendors must be able to provide all of the requirements in Section 5 of the PWS. Proposals must show all of the requirements in Section 5 of the Performance Work Statement (PWS) or submission will be considered technically unacceptable and will not be considered further.

Proposals shall be submitted by email (only) to ng.md.mdarng.list.uspfo-arpc@army.mil; no later than September 5, 2023, 1:00 PM EST. Proposals shall be clearly marked RFQ W912K6-23-Q-0052. Offerors are hereby notified that if their proposals are not received by the date, time, and location specified in this announcement, it will not be considered by the agency. Telephone request will not be considered. Any changes or amendments to this RFQ will be furnished by this office.

Question Submission:

Interested offerors must submit any questions concerning the solicitation at the earliest time possible to enable the Buyer to respond. Questions must be submitted via email to ng.md.mdarng.list.uspfo-arpc@army.mil no later than August 30, 2023 by 11:00 AM EST. Questions not received within the allowable time may not be considered. Emails must have W912K6-23-Q-0052 in the subject line.

Synopsis:

"PLEASE READ THIS NOTICE CAREFULLY AS IT CONSTITUTES THE ONLY NOTICE THAT WILL BE ISSUED."

This is a combined synopsis/solicitation for Commercial Items prepared in accordance with (IAW) the format in the Federal Acquisition Regulations (FAR) subpart 12.6, and subpart 13.106 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. Solicitation W912K6‐23‐Q‐0052 is issued as a request for quotation (RFQ). The results of this requirement will be a Firm‐Fixed priced (FFP) contract. This RFQ incorporates provisions and clauses in effect through the Federal Acquisition Circular (FAC) 2023-04 Dated June 02 , 2023. This requirement will be awarded on an all or none basis as a commercial item Fixed Price purchase order under procedures on FAR Parts 12 and 13.

Offer/Bid must be valid for a minimum of 60 days.

FAR Provisions and Clauses applicable to this acquisition can be obtained from the following website, http://acquisition.gov/.

The contractor shall provide a complete proposal IAW the attached documents, which includes the Performance Work Statement (PWS).

Contract Type and Evaluation Criteria:

Award will be made to the most responsive and responsible offeror whose offer results in the best value most advantageous to the government. Award will be a Firm Fixed Price contract. Proposals should be limited to a maximum of 5 pages. Vendors are encouraged to explain their understanding and experience with Section 5 of the PWS. Maryland National Guard reserves the right to award to other than the lowest price.

The following factors shall be used to evaluate offers:

Volume I (Vendor can use any format / letterhead)

(1) Technical (see Performance Work Statement Section 5) to include the following:

Factor 1-- Technical Performance:

The contractor shall be responsible for ensuring their quote fully outlines the capability to adhere to the delivery deadline, quantities required, and specifications listed in the description of requirement. Technical performance shall be found to be either acceptable or unacceptable based on the answers to the following question:

- 1. Can the vendor provide a syllabus incorporating the deliverables to include administered lectures and assessed assignments, papers, quizzes, projects, and/or exams as outlined in the SOW?

The Government will determine the vendor to be Technically Acceptable only if all requirements to the above statements are “MET”. The final determination of whether an “or equal” will meet the needs of the Government lies with the Government. If the contractor does not submit a product data sheet as required, then the answer will automatically be “Not Met.”

(2) Past Performance Factor 2 – Past Performance:

1) The Offeror shall provide up to three (3) relevant projects or contracts that include all of the following instruction:

a. Government Agency/Company who awarded the contract

b. Contract Number

c. Description of Services

d. Contract Value

e. Period of Performance

f. Place of Performance

g. Contract Type

h. Current POC with current email address and phone number

2) Failure to submit all the above information will render the Offeror non-compliant and ineligible for award.

3) Relevancy: The ratings for past performance will include the following past performance relevancy ratings:

Past performance is a measure of the degree to which an Offeror, as an organization, has in the past 3 years satisfied its customers, and efficiently and effectively managed their contracts, on projects of similar scope and magnitude. Past performance history shall be used to gauge the level of risk. An Offeror’s past performance will be assessed as very relevant, relevant, somewhat relevant, or not relevant. Very relevant shall mean that present or past performance effort involved essentially the same scope and magnitude of effort and complexities that this solicitation requires. Relevant shall mean that present or past performance effort involved similar scope and magnitude of effort and complexities this solicitation requires. Somewhat relevant shall mean that present or past performance effort involved some of the scope and magnitude of effort and complexities this solicitation requires. Not relevant shall mean that present or past performance effort involved little or none of the scope and magnitude of effort and complexities this solicitation requires. The results may be utilized to determine the Offeror’s rating on past projects with Government or other customers. Offeror’s with no relevant performance history or for whom information on past performance is not available will receive a neutral rating. A neutral rating will be evaluated as a “pass” for the purposes of determining technical acceptability. In the investigation of an Offeror’s past performance, the Government has the right to contact former customers, government agencies, and other private and public sources of information. Offerors must either provide the below information or affirmatively state that it possesses no relevant, directly related, or similar past performance. In addition, the vendor shall send past performance questionnaires to three relevant customers.

Volume II (Vendor can use any format / letterhead)

Factor 3 – Pricing:

The government will evaluate all technically acceptable offerors’ prices. In terms of “price reasonableness”, the Government will focus on whether the price is too high or too low to be considered fair and reasonable. In terms of “completeness”, the Government will focus on whether the price appears to cover all of the work identified in the description of requirement. In terms of “balance”, the Government will focus on whether pricing is consistent with historical contract information and market research. Pricing will not be scored or rated and will not be considered unless the quotes technically acceptability in factor 1 are graded as acceptable.

Proposal Format for Pricing:

4) STANDARD:

a) Pass: The standard is met when: the Offeror has not been Terminated for Cause/ Default on past Project(s) within the past 3 years, and either (1) the Offeror receives an “Acceptable” or “Neutral” rating on all past performance surveys sent out for the government or (2) the Offeror has no relevant past performance.

b) Fail: The Offeror has been terminated for Cause/ Default on past project(s) within the past 3 years, or an “unacceptable rating was received on any past performance survey(s).

(x) A successful offeror shall include a completed copy of the provision at 52.212-3 Alt- The government will use price when past performance and technical requirements are tied to select the best offeror most advantageous to the government.

Site Visit: N/A

Notes: Interested offerors must be registered in SAM.

Applicable Clauses/Regulations:

52.204-6 Unique Entity Identifier.

52.204-16 Commercial and Government Entity Code Reporting;

52.204-22 Alternative Line Item Proposal 52.212-1 Instructions to Offerors – Commercial Items;

52.204-27 Prohibition on a ByteDance Covered Application 52.225-25 Prohibition on Contracting With Entities Engaging in Certain Activities or Transactions Relating to Iran Representation and Certifications.

52.232-18 Availability of Funds 252.203-7005 Representation Relating to Compensation of Former DoD Officials;

252.204-7024 Notice on the Use of the Supplier Performance Risk System

252.204-7011 Alternative Line Item Structure 252.225-7035 Alt. 1 Buy American-Free Trade Agreements-Balance of Payments Program Certificate (Alternate1) 252.225-7055 Representation Regarding Business Operations with the Maduro Regime.

1. The following provisions are included by full text for the purposes of this combined synopsis/solicitation

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 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 o the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

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

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

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

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

(d) Representation. The Offeror represents that—

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

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

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

(e) Disclosures.

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

(i) For covered equipment—

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

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

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

(ii) For covered services—

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

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

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

(i) For covered equipment—

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

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

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

For covered services—

(D) 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

(E) 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)

52.204-26 Covered Telecommunications Equipment or Services—Representation (Dec 2019)

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

Covered Telecommunications Equipment or Services-Representation (Oct 2020)

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

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

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

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

(End of provision)

52.232-34 PAYMENT BY ELECTRONIC FUNDS TRANSFER—OTHER THAN SYSTEM FOR AWARD MANAGEMENT (JULY 2013)

(a) Method of payment. (1) All payments by the Government under this contract shall be made by electronic funds transfer (EFT) except as provided in paragraph (a)(2) of this clause. As used in this clause, the term “EFT” refers to the funds transfer and may also include the payment information transfer.

(2) In the event the Government is unable to release one or more payments by EFT, the Contractor agrees to either--

(i) Accept payment by check or some other mutually agreeable method of payment; or

(ii) Request the Government to extend payment due dates until such time as the Government makes payment by EFT (but see paragraph (d) of this clause).

(b) Mandatory submission of Contractor's EFT information. (1) The Contractor is required to provide the Government with the information required to make payment by EFT (see paragraph (j) of this clause). The Contractor shall provide this information directly to the office designated in this contract to receive that information (hereafter: “designated office”') by (the Contracting Officer shall insert date, days after award, days before first request, the date specified for receipt of offers if the provision at 52.232-38 is utilized, or “concurrent with first request” as prescribed by the head of the agency; if not prescribed, insert “no later than 15 days prior to submission of the first request for payment”). If not otherwise specified in this contract, the payment office is the designated office for receipt of the Contractor's EFT information. If more than one designated office is named for the contract, the Contractor shall provide a separate notice to each office. In the event that the EFT information changes, the Contractor shall be responsible for providing the updated information to the designated office(s).

(2) If the Contractor provides EFT information applicable to multiple contracts, the Contractor shall specifically state the applicability of this EFT information in terms acceptable to the designated office. However, EFT information supplied to a designated office shall be applicable only to contracts that identify that designated office as the office to receive EFT information for that contract.

(c) Mechanisms for EFT payment. The Government may make payment by EFT through either the Automated Clearing House (ACH) network, subject to the rules of the National Automated Clearing House Association, or the Fedwire Transfer System. The rules governing Federal payments through the ACH are contained in 31 CFR part 210.

(d) Suspension of payment. (1) The Government is not required to make any payment under this contract until after receipt, by the designated office, of the correct EFT payment information from the Contractor. Until receipt of the correct EFT information, any invoice or contract financing request shall be deemed not to be a proper invoice for the purpose of prompt payment under this contract. The prompt payment terms of the contract regarding notice of an improper invoice and delays in accrual of interest penalties apply.

(2) If the EFT information changes after submission of correct EFT information, the Government shall begin using the changed EFT information no later than 30 days after its receipt by the designated office to the extent payment is made by EFT. However, the Contractor may request that no further payments be made until the updated EFT information is implemented by the payment office. If such suspension would result in a late payment under the prompt payment terms of this contract, the Contractor's request for suspension shall extend the due date for payment by the number of days of the suspension.

(e) Liability for uncompleted or erroneous transfers. (1) If an uncompleted or erroneous transfer occurs because the Government used the Contractor's EFT information incorrectly, the Government remains responsible for--

(i) Making a correct payment;

(ii) Paying any prompt payment penalty due; and

(iii) Recovering any erroneously directed funds.

(2) If an uncompleted or erroneous transfer occurs because the Contractor's EFT information was incorrect, or was revised within 30 days of Government release of the EFT payment transaction instruction to the Federal Reserve System, and--

(i) If the funds are no longer under the control of the payment office, the Government is deemed to have made payment and the Contractor is responsible for recovery of any erroneously directed funds; or

(ii) If the funds remain under the control of the payment office, the Government shall not make payment and the provisions of paragraph (d) shall apply.

(f) EFT and prompt payment. A payment shall be deemed to have been made in a timely manner in accordance with the prompt payment terms of this contract if, in the EFT payment transaction instruction released to the Federal Reserve System, the date specified for settlement of the payment is on or before the prompt payment due date, provided the specified payment date is a valid date under the rules of the Federal Reserve System.

(g) EFT and assignment of claims. If the Contractor assigns the proceeds of this contract as provided for in the assignment of claims terms of this contract, the Contractor shall require as a condition of any such assignment, that the assignee shall provide the EFT information required by paragraph (j) of this clause to the designated office, and shall be paid by EFT in accordance with the terms of this clause. In all respects, the requirements of this clause shall apply to the assignee as if it were the Contractor. EFT information that shows the ultimate recipient of the transfer to be other than the Contractor, in the absence of a proper assignment of claims acceptable to the Government, is incorrect EFT information within the meaning of paragraph (d) of this clause.

(h) Liability for change of EFT information by financial agent. The Government is not liable for errors resulting from changes to EFT information provided by the Contractor's financial agent.

(i) Payment information. The payment or disbursing office shall forward to the Contractor available payment information that is suitable for transmission as of the date of release of the EFT instruction to the Federal Reserve System. The Government may request the Contractor to designate a desired format and method(s) for delivery of payment information from a list of formats and methods the payment office is capable of executing. However, the Government does not guarantee that any particular format or method of delivery is available at any particular payment office and retains the latitude to use the format and delivery method most convenient to the Government. If the Government makes payment by check in accordance with paragraph (a) of this clause, the Government shall mail the payment information to the remittance address in the contract.

(j) EFT information. The Contractor shall provide the following information to the designated office. The Contractor may supply this data for this or multiple contracts (see paragraph (b) of this clause). The Contractor shall designate a single financial agent per contract capable of receiving and processing the EFT information using the EFT methods described in paragraph (c) of this clause.

(1) The contract number (or other procurement identification number).

(2) The Contractor's name and remittance address, as stated in the contract(s).

(3) The signature (manual or electronic, as appropriate), title, and telephone number of the Contractor official authorized to provide this information.

(4) The name, address, and 9-digit Routing Transit Number of the Contractor's financial agent.

(5) The Contractor's account number and the type of account (checking, saving, or lockbox).

(6) If applicable, the Fedwire Transfer System telegraphic abbreviation of the Contractor's financial agent.

(7) If applicable, the Contractor shall also provide the name, address, telegraphic abbreviation, and 9-digit Routing Transit Number of the correspondent financial institution receiving the wire transfer payment if the Contractor's financial agent is not directly on-line to the Fedwire Transfer System; and, therefore, not the receiver of the wire transfer payment.

(End of clause)

2. The following clauses are included for the purposes of this combined synopsis/solicitation and most current versions will be incorporated into any resulting order:

52.202—Definitions; 52.203-3 Gratuities;

52.203-5 Covenant Against Contingent Fees;

52.203-6 Restrictions on Subcontractor Sales to the Government; 52.203-6_Alternate I 52.203-7 Anti-Kickback Procedures;

52.203-15 Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009.

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights;

52.204-12 Unique Entity Identifier Maintenance.

52.204-18 Commercial and Government Entity Code Maintenance;

52.204-19 Incorporation by Reference of Representations and Certifications; 52.204-21 Basic Safeguarding of Covered Contractor Information Systems;

52.209-6 Protecting the Government’s Interest When Subcontracting with contractors Debarred, Suspended, or Proposed for Debarment;

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations; 52.212-4 False Statements in Bids Orders—Commercial Products and Commercial Services. 52.219-6 Notice of Total Small Business Set-Aside;

52.219-28 Post Award Small Business Program Representation; 52.222-3 Convict Labor;

52.222-21 Prohibition of Segregated Facilities; 52.222-26 Equal Opportunity;

52.222-35 Equal Opportunity for Veterans;

52.222-36 Equal Opportunities for Workers with Disabilities; 52.222-37 Employment Reports on Veterans;

52.222-44 Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment.

52.222-50 Combating Trafficking in Persons;

52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026. 52.223-18 Encouraging Contractor Policy to Ban Text Messaging While Driving; 52.225-13 Restrictions on Certain Foreign Purchases;

52.232-1 Payments.

52.232-33 Payment by Electronic Funds Transfer-Central Contractor Registration; 52.232-39 Unenforceability of Unauthorized Obligations.

52.232-40 Providing Accelerated Payments to Small Business Subcontractors; 52.233-3 Protest After Award;

52.233-4 Applicable Law for Breach of Contract Claim.

52.244-6 Subcontracts for Commercial Products and Commercial Services.

252.203-7000 Requirements relating to Compensation of Former DoD Officials; 252.203-7002 Requirements to Inform Employees of Whistleblower Rights; 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting 252.204-7015 Disclosure of Information to Litigation Support Contractors;

252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports 252.232-7010 Levies on Contract Payments;

252.232-2017 Accelerating Payments to Small Business Subcontractors—Prohibition on Fees and Consideration 252.244-7000 Subcontracts for Commercial Items; 252.244-7023 Transportation of Supplies by Sea;

3. The following clauses are included by full text for the purposes of this combined synopsis/solicitation.

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT

2018)

(a) Definitions. As used in this clause-- Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management (SAM) records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

Registered in the System for Award Management (SAM) means that--

(1) The Contractor has entered all mandatory information, including the unique entity identifier and the EFT indicator (if applicable), the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14), into SAM;

(2) The Contractor has completed the Core, Assertions, Representations and Certifications, and Points of Contact sections of the registration in SAM;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record ``Active''.

System for Award Management (SAM) means the primary Government repository for prospective Federal awardee and Federal awardee information and the centralized

Government system for certain contracting, grants, and other assistance-related processes. It includes—

(1) Data collected from prospective Federal awardees required for the conduct of business with the Government;

(2) Prospective contractor-submitted annual representations and certifications in accordance with FAR subpart 4.12; and

(3) Identification of those parties excluded from receiving Federal contracts, certain subcontracts, and certain types of Federal financial and non-financial assistance and benefits.

Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b) If the solicitation for this contract contained the provision 52.204-7 with its Alternate I, and the Contractor was unable to register prior to award, the Contractor shall be registered in SAM within 30 days after award or before three days prior to submission of the first invoice, whichever occurs first.

(c) The Contractor shall maintain registration in SAM during contract performance and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement. The Contractor is responsible for the currency, accuracy and completeness of the data within SAM, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in SAM after the initial registration, the Contractor is required to review and update on an annual basis, from the date of initial registration or subsequent updates, its information in SAM to ensure it is current, accurate and complete. Updating information in SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(d)(1)(i) If a Contractor has legally changed its business name or ``doing business as'' name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to--

(A) Change the name in SAM;

(B) Comply with the requirements of subpart 42.12 of the FAR; and

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor shall provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (d)(1)(i) of this clause, or fails to perform the agreement at paragraph (d)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the ``Suspension of Payment'' paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR subpart 32.8, Assignment of Claims). Assignees shall be separately registered in SAM. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the ``Suspension of Payment'' paragraph of the EFT clause of this contract.

(3) The Contractor shall ensure that the unique entity identifier is maintained with the entity designated at www.sam.gov for establishment of the unique entity identifier throughout the life of the contract. The Contractor shall communicate any change to the unique entity identifier to the Contracting Officer within 30 days after the change, so an appropriate modification can be issued to update the data on the contract. A change in the unique entity identifier does not necessarily require a novation be accomplished.

(e) Contractors may obtain additional information on registration and annual confirmation requirements at https://www.sam.gov.

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 (Nov 2021)

(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

(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 products or commercial services.

(End of clause)

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 (Nov 2021)

(a) Definitions. As used in this clause—

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

Covered foreign country means The People’s Republic of China. Covered telecommunications equipment or services means–

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

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

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

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

Critical technology means–

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

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

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

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

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

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

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

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

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

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

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

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

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph

(c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

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

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

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

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

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

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

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

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual…