DRAFT Combined Synopsis_Solicitation_70Z04422RC2PL7893.pdf

DRAFT COMBINED SYNOPSIS/SOLICITATION

70Z04422RC2PL7893

Title: U.S. Coast Guard, Command, Control, Communications, Computers, Cyber, Intelligence Service Center (C5ISC)

Furuno DS-60 Doppler Speed Log (DSL) Systems

Issued by:

U.S. Coast Guard

C5I Contract Operations Division 3, Branch 2 (CG-9143-2) 4000 Coast Guard Blvd.

Portsmouth, VA 23703-2199

Solicitation Issue Date:

July 7, 2022

Offer Due Date/Time:

August 4, 2022

12:00 PM Eastern

*See Section 4 for the Instructions to Offerors.

DRAFT Combined Synopsis/Solicitation 70Z04422RC2PL7893 2

NOTICE FOR FILING AGENCY PROTESTS

United States Coast Guard Ombudsman Program CGAP (June 10, 2022) Appendix B

It is the policy of the United States Coast Guard (USCG) to issue solicitations and make contract awards in a fair and timely manner. The Ombudsman Program for Agency Protests (OPAP) was established to investigate agency protest issues and resolve them without expensive and time- consuming litigation.

OPAP is an independent reviewing authority that is empowered to grant a prevailing protester essentially the same relief as the Government Accountability Office (GAO).

Interested parties are encouraged to seek resolution of their concerns within the USCG as an Alternative Dispute Resolution (ADR) forum rather than filing a protest with the GAO or some external forum.

Interested parties may seek resolution of their concerns informally or opt to file a formal agency protest with the Contracting Officer or Ombudsman.

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

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

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

Formal protests filed under the OPAP program should be submitted electronically to OPAP@uscg.mil and the Contracting Officer or by hand delivery to the Contracting Officer.

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

mailto:OPAP@uscg.mil

DRAFT Combined Synopsis/Solicitation 70Z04422RC2PL7893 3

DRAFT COMBINED SYNOPSIS/SOLICITATION 70Z04422RC2PL7893

(a) This is a DRAFT combined synopsis/solicitation for commercial products prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; offers are being requested and a written solicitation will not be issued.

(b) The Solicitation Number is 70Z04422RC2PL7893. This solicitation is issued in accordance with FAR Part 12 and FAR Subpart 13.5 and requires the submission of an offer on a brand name basis for Furuno DS-60 DSL systems. See Attachment 1 - Justification for Other Than Full and Open Competition (JOTFOC) for Furuno DS-60 DSL Systems provided with this notice for more information.

(c) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2022-06 dated 05-26-2022.

(d) This acquisition is unrestricted and the applicable North American Industry Classification System (NAICS) code is 334511, Search, Detection, Navigation, Guidance, Aeronautical, and Nautical System and Instrument Manufacturing with a size standard of 1,250 employees.

(e) Contract line item number(s) (CLINs) and items, quantities and units of measure, (including option(s) if applicable): See Attachment 2, Price Schedule

(f) Description of requirements for the items to be acquired: See Section 1.1

(g) Date(s) and place(s) of delivery and acceptance and FOB point: See Section 1

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

(i) FAR Provision 52.212-2, Evaluation—Commercial Products and Commercial Services, applies to this acquisition. See Section 6 for the full text of the provision.

(j) FAR Provision 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services, with Alternate I, applies to this acquisition. The Offeror shall complete only paragraph (b) of FAR Provision 52.212-3 (with Alternate I) if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Website located at https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of FAR Provision 52.212-3 (with Alternate I) and submit with their offer.

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

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

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

(n) Defense Priorities and Allocations System (DPAS) and assigned rating: Not Applicable https://www.acquisition.gov/sites/default/files/current/far/html/52_212_213.html#wp1179124 https://www.acquisition.gov/sites/default/files/current/far/html/52_212_213.html#wp1179178 https://www.acquisition.gov/sites/default/files/current/far/html/52_212_213.html#wp1179194 https://www.sam.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_212_213.html#wp1179465 https://www.acquisition.gov/sites/default/files/current/far/html/52_212_213.html#wp1203358

DRAFT Combined Synopsis/Solicitation 70Z04422RC2PL7893 4

(o) The date, time and place offers are due:

Offer Due Date/Time: August 4, 2022 at 12:00PM Eastern (EDT).

Submit Offers via e-Mail to: Christina.M.Grimstead@uscg.mil, Shaun.I.Squyres@uscg.mil and John.R.Carasella@uscg.mil.

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

(p) All questions/concerns regarding this solicitation shall be submitted in writing (NO phone calls) to the Contract Specialists at Shaun.I.Squyres@uscg.mil and John.R.Carasella@uscg.mil and to the Contracting Officer Christina.M.Grimstead@uscg.mil no later than July 15, 2022 12:00 PM Eastern (EDT). The Government reserves the right to not accept follow-up/additional questions after that date. Offerors shall reference the solicitation number and provide enough information in their e-mail so the Government can easily respond to their questions/concerns. All questions/concerns and the Government’s responses shall be included in a solicitation amendment.

(q) One or more of the items under this acquisition is subject to the World Trade Organization Government Procurement Agreement and Free Trade Agreements.

mailto:Christina.M.Grimstead@uscg.mil mailto:Shaun.I.Squyres@uscg.mil mailto:John.R.Carasella@uscg.mil mailto:Shaun.I.Squyres@uscg.mil mailto:John.R.Carasella@uscg.mil

DRAFT Combined Synopsis/Solicitation 70Z04422RC2PL7893 5

SECTION 1 - CONTRACT REQUIREMENT(S), TERMS AND CONDITIONS

1.1 Description of Supplies

The Contractor shall provide the U.S. Coast Guard (USCG) with NEW (used, refurbished or gray items are not acceptable) commercially available off-the-shelf brand name only Furuno DS-60 DSL Systems.

Item Description Part Number/ ID Number

Furuno Doppler Speed Log (DSL) DS-60 System for WPC-154 6605-01-F20-6057

Furuno Doppler Speed Log (DSL) DS-60 System for WMSL-418 6605-01-F18-5393

1.2 Contract Type

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

1.2.1 Firm-Fixed Unit Prices

Attachment 2, Price Schedule, includes the yearly firm-fixed unit prices for the supplies. The prices are in U.S. dollars. All costs, including delivery costs and any duty, are included in the firm-fixed prices. An exemption from duty will not be obtained for this acquisition.

1.3 IDIQ Contract Ordering Period

The IDIQ Contract ordering period is five years from date of contract award.

1.4 Minimum and Maximum Values

1.4.1 Minimum Contract Guarantee Quantity:

The total minimum contract guarantee quantity is one (1) DSL DS-60 System (Part #6605-01-F20-6057) unit as listed in the price schedule. The Government has no obligation to issue delivery orders to the Contractor beyond the minimum contract guarantee.

1.4.2 Maximum Contract Quantity:

The total maximum unit quantity for the DSL DS-60 System (Part #6605-01-F20-6057) is fifteen (15) units under this contract. The total maximum unit quantity for the DSL DS-60 System Part #6605-01- F18-5393) is forty (40) units under this contract.

1.4.3 Maximum Contract Value: To be Determined (TBD) at award.

The total value of all delivery orders issued pursuant to this IDIQ contract shall not exceed the total maximum contract value.

1.4.4 Duration of IDIQ Contract: The IDIQ contract will remain in place and delivery orders may be issued in accordance with the IDIQ contract until the maximum contract value has been used in its entirety, the maximum contract quantity has been used in its entity, or until the IDIQ contract ordering period ends, whichever occurs first.

1.5 Issuance of Delivery Orders

DRAFT Combined Synopsis/Solicitation 70Z04422RC2PL7893 6

The pricing of individual Delivery Orders will be governed by the applicable yearly firm-fixed unit price(s) (see Attachment 2, Price Schedule) in effect on the issue day of the delivery order

Delivery orders may be issued at any time during the contract ordering period within the limits of FAR Clause 52.216-19.

Delivery orders may be issued by facsimile, by electronic commerce (e.g., e-mail), or by mail.

Accounting and appropriation data for obligations will be set forth on individual delivery orders.

Delivery Orders will be issued in accordance with FAR 16.505, Ordering. Delivery orders will be issued on an Optional Form 347 (OF-347), “Order for Supplies or Services” (or other equivalent form) and shall contain the following information (when applicable):

• Date of Order

• Contract number and order number

• Type of order (firm-fixed-price)

• Contract line item number (CLIN), description, quantity, and unit price

• Description of the supplies

• Delivery schedule

• Place of delivery (including consignee)

• Any additional packaging, packing, and shipping instructions

• Accounting and appropriation data

• Method of payment and payment office, if different than the IDIQ contract

• Complete invoice submission instructions

• Delivery Order Contracting Officer and COR

• Delivery order grand total (firm-fixed-price)

• Any other pertinent information

1.6 Delivery Schedule

To be determined; the required delivery schedule will be updated based on the awardee’s proposed delivery schedule.

1.7 Delivery Location

The exact delivery location(s) within the USA will be provided within each delivery order. The Government anticipates, but does not guarantee, that most of the supplies will be delivered to the following location: USCG SFLC Baltimore, MD.

1.8 Delivery Term

FOB destination only

1.9 Markings for Shipments

See Attachment 3, Marking, Packaging, Delivery, and Inspection/Acceptance Requirements for Items.

1.10 Special Order Requirements

Product Obsolescence Notwithstanding the Government’s desire for exact model number and capability for the entire five (5) year IDIQ Contract ordering period, the Government reserves the right to modify the IDIQ contract during the IDIQ Contract ordering period if the DS-60 DSL Systems are no longer available and an appropriate form-fit-function replacement is identified by the Contractor and approved by the Government. If such a change becomes necessary, such modification will be negotiated and executed bilaterally with mutual agreement of both the Contractor and the Government.

DRAFT Combined Synopsis/Solicitation 70Z04422RC2PL7893 7

The Contractor shall verify continued product availability from the Original Equipment Manufacturer (OEM) and report findings to the Government on at least a quarterly basis. The Contractor shall also provide the Government with copies of any relevant OEM product notices discovered during this quarterly verification process.

1.11 Contract Administration

Notwithstanding the Contractor’s responsibility for total management during the performance of the IDIQ Contract, the administration of the IDIQ contract will require close coordination between the Government and the Contractor. The U.S. Coast Guard, CG-9143 Contracting Office will perform all contract administration. The individuals listed below will be the Government points of contact for the IDIQ contract.

Contracting Office: U.S. Coast Guard

CG-9143

4000 Coast Guard Blvd.

Portsmouth, VA 23703

1.11.1 Contracting Officer (KO) for the IDIQ Contract

The Contracting Officer (KO) is responsible for ensuring performance of all necessary actions for effective contracting, ensuring compliance with the contract terms/conditions, and safeguarding the interests of the United States in the contractual relationship. The KO is responsible for ensuring that the Contractor receives impartial, fair, and equitable treatment under this contract. The KO is ultimately responsible for the final determination of the adequacy of the Contractor’s performance.

Communications pertaining to contractual administrative matters for this contract shall be addressed to the KO listed below. Changes in, or deviations from, the IDIQ Contract and any attachments shall not be effected without written modification to the IDIQ Contract as executed by a Contracting Officer.

Contracting Officer: Christina M. Grimstead E-Mail: Christina.M.Grimstead@uscg.mil

1.11.2 Authorized Delivery Order Contracting Officers

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

1.11.3 Contract Specialist (KS) for the IDIQ Contract

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

Contract Specialist: Shaun Squyres and John Carasella E-Mail: Shaun.I.Squyres@uscg.mil and John.R.Carasella@uscg.mil

1.11.4 Contracting Officer’s Representative (COR)

The COR is a Government employee designated in writing by the Contracting Officer to act as a technical advisor for the Contracting Officer for items within the scope of this IDIQ contract. The COR is also responsible for the final inspection and acceptance of all contract deliverables and reports, and such other responsibilities as specified in the contract. The COR is not otherwise authorized to make any representations or commitments of any kind on behalf of the Contracting Officer or the Government. The COR does not have authority to alter the Contractor’s obligations or to change the specifications, price, terms or conditions. If, as a result of technical discussions, it is desirable to modify contract obligations or

DRAFT Combined Synopsis/Solicitation 70Z04422RC2PL7893 8 the specification, changes will be issued in writing and signed by the Contracting Officer. A COR Appointment Letter will provide the name and contact information of the COR and set forth the authorities and limitations of the COR under the contract. A COR does not have a warrant that provides the authority to contractually commit the Government and is not authorized to change any of the terms and conditions of the contract.

1.12 Invoicing and Payment Information

1.12.1 Invoice Submission

Electronic submission of invoices is mandatory for payment; the contractor shall submit invoices using the applicable submission instructions below based on which system (FSMS or NESSS) that the delivery order was issued.

1.12.1.1 Electronic Submission of Payment Requests (FSMS Awards)

(a) Definitions. As used in these instructions -

(1) “Payment request” means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation. The payment request must: comply with the requirements identified in FAR 32.905(b), “Content of Invoices” and the applicable Payment clause included in this contract. In addition, discount offerings and small business status if available shall be stated. If travel was allowable and approved, components in accordance with FAR 31.205-46 shall be provided.

(b) Except as provided in paragraph (c) of this clause, the contractor shall submit payment requests electronically using the Invoice Processing Platform (IPP). Information regarding IPP, including IPP Customer Support contact information, is available at www.ipp.gov or any successor site.

(c) The contractor may submit payment requests using a method other than IPP only when the contracting officer authorizes alternate procedures in writing in accordance with Coast Guard procedures.

(d) If alternate payment procedures are authorized, the contractor shall include a copy of the contracting officer's written authorization with each payment request.

In addition, the Contractor shall send a copy of the invoice and all supporting documentation via e-mail to the Contract Specialist, Contracting Officer and COR at the e-mail addresses cited below:

Contract Specialist: Shaun.I.Squyres@uscg.mil and John.R.Carasella@uscg.mil Contracting Officer: Christina.M.Grimstead@uscg.mil COR: The COR’s e-mail address will be provided in the COR Appointment Memorandum

1.12.1.2 Electronic Submission of Payment Requests (NESSS Awards)

(a) Definitions. As used in these instructions -

(1) “Payment request” means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation. The payment request must: comply with the requirements identified in FAR 32.905(b), “Content of Invoices” and the applicable Payment clause included in this contract. In addition, discount offerings and small business status if available shall be stated. If travel was allowable and approved, components in accordance with FAR 31.205-46 shall be provided.

(b) The contractor shall submit payment requests electronically using the Invoice Processing Platform (IPP). The contractor will submit payment requests using the blank form in IPP.

(c) Information regarding IPP, including IPP Customer Support contact information, is available at www.ipp.gov or any successor site.

Please note: For awards issued in NESSS, the contractor must follow IPP instructions to create a Non-PO invoice when submitting payment requests.

In addition, the Contractor shall send a copy of the invoice and all supporting documentation via e-mail to the Contract Specialist, Contracting Officer and COR at the e-mail addresses cited below:

http://www.ipp.gov/

DRAFT Combined Synopsis/Solicitation 70Z04422RC2PL7893 9

Contract Specialist: Shaun.I.Squyres@uscg.mil and John.R.Carasella@uscg.mil Contracting Officer: Christina.M.Grimstead@uscg.mil COR: The COR’s e-mail address will be provided in the COR Appointment Memorandum

1.12.2 Invoicing Schedule

Invoices may be submitted only after the supplies ordered via a delivery order are received, inspected, and accepted by the Government.

1.12.3 Proper Invoice

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

A proper invoice must include the following items:

• Name and address of the Contractor;

• Contractor’s SAM Unique Entity Identifier (UEI) and Cage Code number;

• Invoice date and invoice number; (Contractors should date invoices as close as possible to the date of mailing or transmission.)

• Contract Number and Order Number;

• Contract Line Item Number (CLIN), description, quantity, unit of measure, unit price and extended price of the items delivered or services performed;

• Period of Performance for work invoiced

• Total invoice amount;

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

• Terms of any discount for prompt payment offered;

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

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

• Business status (large or small);

• The last invoice submitted for this award must be clearly labeled with “FINAL INVOICE”; and

• A completed/Government signed DHS Form 700-21 (Attachment 4 – DHS Form 700-21, Material Inspection Acceptance and Receiving Report). The DHS Form 700-21 shall be signed by a federal employee to ensure ownership is taken by the Government at the USCG storage location.

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

1.12.4 System for Award Management (SAM)

The contractor shall be registered in the SAM.gov database prior to award, during performance, and through final payment of all delivery orders placed against the IDIQ contract.

SECTION 2 - CONTRACT CLAUSES

FAR Clause 52.203-17: Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights. (SEPT 2013) (DEVIATION 14-01) mailto:Shaun.I.Squyres@uscg.mil

DRAFT Combined Synopsis/Solicitation 70Z04422RC2PL7893 10

a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the enhancement of whistleblower protections for Contractor employees established at 10 U.S.C. 2409 by section 827 of the NDAA for FY2013 (Pub. L. 112-239) and FAR 3.908.

(b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 10 U.S.C. 2409, as described in section 3.908 of the FAR.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold.

(End of Clause)

FAR Clause 52.204-23: Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities. (APR 2020) (DEVIATION 20-05)

(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 covered article provided to the Government 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, in writing, via email, to the Contracting Officer, Contracting Officer's Representative, and the Enterprise Security Operations Center (SOC) at NDAA Incidents@hq.dhs.gov, with required information in the body of the email. In the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Enterprise SOC, Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) and Contracting Officer's Representative(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (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)(l) 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

DRAFT Combined Synopsis/Solicitation 70Z04422RC2PL7893 11 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)

FAR Clause 52.204-25: Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (DEC 2020) (DEVIATION 20-05, Revision 2)

(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.

DRAFT Combined Synopsis/Solicitation 70Z04422RC2PL7893 12

“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 in writing via email to the Contracting Officer, Contracting Officer’s Representative, and the Enterprise Security Operations Center (SOC) at NDAA_Incidents@hq.dhs.gov, with required information in the body of the email. In the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Enterprise SOC, Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) and Contracting Officer’s Representative(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(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

DRAFT Combined Synopsis/Solicitation 70Z04422RC2PL7893 13 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)

FAR Clause 52.212-5: Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Products and Commercial Services (May 2022)

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

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

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

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

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

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

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) ( 41 U.S.C. 3509)).

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

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (5) [Reserved].

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

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

X (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) ( 31 U.S.C. 6101 note).

X (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) ( 41 U.S.C. 2313).

__ (10) [Reserved].

__ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Sep 2021) ( 15 U.S.C. 657a).

X (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Sep 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C.

657a).

__ (13) [Reserved]

DRAFT Combined Synopsis/Solicitation 70Z04422RC2PL7893 14

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

__ (ii) Alternate I (Mar 2020) of 52.219-6.

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

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

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

(17) (i) 52.219-9, Small Business Subcontracting Plan (Nov 2021) ( 15 U.S.C. 637(d)(4)).

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

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

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

__ (v) Alternate IV (Sep 2021) of 52.219-9.

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

__ (ii) Alternate I (Mar 2020) of 52.219-13.

__ (19) 52.219-14, Limitations on Subcontracting (Sep 2021) ( 15 U.S.C. 637s).

(20) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) ( 15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Sep 2021) ( 15 U.S.C. 657f).

X (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Sep 2021) ( 15 U.S.C.

632(a)(2)).

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

__ (23) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Sep 2021) ( 15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Sep 2021) ( 15 U.S.C. 637(m)).

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

644(r)).

__ (26) 52.219-33, Nonmanufacturer Rule (Sep 2021) ( 15U.S.C. 637(a)(17)).

X (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

__ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2022) (E.O.13126).

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

X (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

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

X (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212).

__ (ii) Alternate I (Jul 2014) of 52.222-35.

X (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29 U.S.C. 793).

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

X (33) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212).

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

X (35) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) ( 22 U.S.C. chapter 78 and E.O.

13627).

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

__ (36) 52.222-54, Employment Eligibility Verification (May 2022) . (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

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

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

__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

DRAFT Combined Synopsis/Solicitation 70Z04422RC2PL7893 15

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

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

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

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

__ (ii) Alternate I (Jun2014) of 52.223-14.

__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) ( 42 U.S.C. 8259b).

__ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

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

X (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

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

__ (46) 52.223-21, Foams (Jun2016) (E.O. 13693).

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

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

__ (48) 52.225-1, Buy American-Supplies (Nov 2021) ( 41 U.S.C. chapter 83).

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Nov 2021) ( 41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112- 42, and 112-43.

__ (ii) Alternate I (Jan 2021) of 52.225-3.

__ (iii) Alternate II (Jan 2021) of 52.225-3.

__ (iv) Alternate III (Jan 2021) of 52.225-3.

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

X (51) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) ( 42 U.S.C. 5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) ( 42 U.S.C. 5150).

__ (55) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 2307(f)).

X (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) ( 31 U.S.C. 3332).

__ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) ( 31 U.S.C. 3332).

__ (60) 52.232-36, Payment by Third Party (May 2014) ( 31 U.S.C. 3332).

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

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

__ (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631).

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

DRAFT Combined Synopsis/Solicitation 70Z04422RC2PL7893 16

__ (iii) Alternate II (Nov 2021) of 52.247-64.

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

__ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter67).

__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).

__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) ( 41 U.S.C. chapter 67).

__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) ( 41 U.S.C. chapter 67).

__ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) ( 42 U.S.C.

1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

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

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

Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form.