Dynamic High Resolution Scanner Synopsis and Solicitation 20211027.pdf

COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS

(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with (IAW) the format in Federal Acquisition Regulation (FAR) Subpart 12.6, in conjunction with procedures at FAR Subpart 13.5, and 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. This written solicitation is issued in accordance with the FAR Subpart 12.603(b) – Streamlined Solicitation for Commercial items. A Standard form 1449 (Solicitation/Contract/Order for Commercial Items) will not be used for issuing this solicitation, however the Government anticipates awarding a single Firm Fixed Price (FFP) contract from this solicitation using the SF1449, but reserves the right to not award a contract.

(ii) The solicitation is being issued as a Request for Proposal (RFP); solicitation number is W911QY-22-R- DHRS. The solicitation including any attachments may be downloaded from System for Award Management at website https://sam.gov.

(iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2021-05.

(iv) This requirement is set aside for small business and will follow the Lowest Price Technically Acceptable Selection Process. The North American Industry Classification System (NAICS) code for this procurement is 334516 – Analytical Laboratory Instrument Manufacturing, with a corresponding small business size standard of 1,000 employees.

(v) A description of system specifications for the items to be acquired (please see System Specifications in Attachment 1).

The Army Contracting Command - Aberdeen Proving Ground (ACC-APG), Natick Division (ND), Natick, MA, in support of the U.S. Army Combat Capabilities Development Command – Soldier Center (DEVCOM-SC), is seeking a source capable of providing a full body dynamic high resolution scanner, as outlined in the following attachment:

Attachment to this Combined Synopsis/Solicitation include:

1. System Specifications;

(viii) The provision at 52.212-1, Instructions to Offerors – Commercial (September 2021), applies to this acquisition. The following ADDENDUM TO 52.212-1 is hereby included:

1. Questions, if any, are due within seven (7) calendar days after receipt of this solicitation, and must be submitted electronically via email to Timothy Konetzny at timothy.m.konetzny.civ@army.mil and Shawn Haubner at shawn.p.haubner.civ@army.mil. The Government will provide answers to a consolidated listed of unattributed questions within two business days, or as soon as possible via amendment through the Government-wide Point of Entry (GPE) at https://sam.gov.

2. Proposals in response to this solicitation shall be valid for 60 calendar days. Please annotate the last day the proposal will be valid. Firms will not be reimbursed for proposal preparation costs. Proposals should be prepared simply and provide concise description of the products that meet the solicitation requirements.

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

3. Proposals in response to this combined Synopsis/Solicitation shall be submitted electronically to Timothy Konetzny via email to timothy.m.konetzny.civ@army.mil and Shawn Haubner at shawn.p.haubner.civ@army.mil. All proposals shall be submitted by 2:00pm Eastern Time (Natick local time) on Friday, 12 November 2021. Ensure that the e-mail is clearly marked to indicate its contents, the solicitation number, and the identity of the firm submitting. Proposals may be submitted in Word, PDF, or Excel format only. Do not include links to websites in lieu of incorporating information into your proposal.

It is the Offeror's responsibility to confirm that their proposal submission has been received.

4. Any Offeror that submits a proposal in response to this solicitation must be registered in the System for

Award Management (SAM) IAW FAR Clauses 52.204-7 and 52.232-33, prior to contract award.

Interested parties must be registered in SAM under the NAICS 334516. Representations and certifications must be part of the SAM record. Registration information can be found at www.sam.gov or https://www.acquisition.gov.

5. Incorporation of Proposal: It should be noted that portions of the Offeror’s Section I Technical Proposal, as negotiated and accepted by the Government, may be incorporated by reference into the resultant contract.

Some or all of the information furnished by the Offeror may be subject to disclosure under the Freedom of Information Act (FOIA). For this reason, the Offeror shall identify information contained in the proposal which the Offeror believes is proprietary.

Notwithstanding any rights the Government will receive under the contract to the data being protected under the solicitation, any request for information received under the Freedom of Information Act (5 U.S.C 552) for the resulting contract, including any portion of the proposal that was incorporated into the contract, will be reviewed in accordance with the FOIA statute. The Government will contact the Contractor to identify what information, if any, contained in the contract should be withheld from release to the public. The Contractor will then have to demonstrate that the information is (1) a trade secret or (2) confidential, commercial information. In case of the latter, the Contractor would have to demonstrate, in detail, that disclosure would (1) impair the Government’s ability to obtain necessary information in the future or (2) cause substantial harm to the Contractor.

Any changes in these arrangements are to be submitted to the Contracting Officer (KO) in advance for approval. In the event of any conflict or ambiguity between the Offeror's Technical Proposal and the Government's Requirements Documents, the requirements documents take precedence.

6. The Offeror shall submit a proposal consisting of two (2) sections. These sections shall be labeled, Section I – Technical and Administrative and Section II – Pricing Proposal.

a. Section I – Technical & Administrative Proposal: Offerors shall demonstrate their ability to provide the items identified in Attachment 1. As part of this Section, the Offeror shall also:

• Include the offeror’s name and address on the cover page of its offer,

• document is signed by an official having the authority to bind the firm contractually,

• list offeror representatives authorized to discuss matters regarding this proposal,

• list assumptions, if any (if none state none),

• list exceptions to terms or conditions, if any (if none, state “none”),

• identify the proposal validity period of at least 60 days from the date specified for receipt of offers,

• annotate compliance with the delivery date of 01 March 2022

• provide all administrative information as required throughout this RFP,

• include completion of all required provisions and clauses, including representations and certifications,

• acknowledge any amendments to this RFP,

• include its Electronic Funds Transfer (EFT) indicator, and

• include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation.

http://www.sam.gov/ https://www.acquisition.gov/

b. Section II – Pricing Proposal: Offerors shall submit pricing in accordance with Attachment 1 of this solicitation.

7. FAILURE TO SUBMIT A TIMELY PROPOSAL EXACTLY IN ACCORDANCE WITH THE

SUBMISSION INSTRUCTIONS MAY RESULT IN THE OFFEROR’S PROPOSAL BEING REJECTED

AS UNACCEPTABLE OR NONCOMPLIANT AND THEREFORE INELIGIBLE FOR AWARD

CONSIDERATION.

(ix) The provision at 52.212-2, Evaluation – Commercial Items (OCT 2014), applies to this acquisition.

The specific evaluation criteria ADDENDUM TO 52.212-2 paragraph (a) is hereby included:

(a) The Government will award a contract or contracts resulting from this solicitation to the responsible offerors, whose proposal(s) conform to the solicitation requirements, and will be most advantageous to the Government (price and other factors considered) - pending funding availability.

The following Section/Evaluation Factors shall be used to evaluate offers:

I. Section I –Technical & Administrative Proposal;

II. Section II – Pricing Proposal.

Technical & administrative, when combined, are more important than price.

I. Section I – Technical & Administrative Proposal

For technical compliance, offerors shall submit a statement of certification (can be in any format) for proposed products, indicating that they meet the technical requirements outlined for each line item at Attachment 1.

The Government will also evaluate the administrative information submitted to verify the offer:

• Include the offeror’s name and address on the cover page of its offer,

• document is signed by an official having the authority to bind the firm contractually,

• list offeror representatives authorized to discuss matters regarding this proposal,

• list assumptions, if any (if none state none),

• list exceptions to terms or conditions, if any (if none, state “none”),

• identify the proposal validity period of at least 60 days from the date specified for receipt of offers,

• annotate compliance with the delivery date of 01 March 2022,

• provide all administrative information as required throughout this RFP,

• include completion of all required provisions and clauses, including representations and certifications,

• acknowledge any amendments to this RFP,

• include its Electronic Funds Transfer (EFT) indicator, and

• include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation.

II. Section II – Pricing Proposal

The Government will evaluate cost or price in accordance with FAR Subpart 15.305(a)(1) to ensure that prices for all proposed items identified on the pricing schedule (see attachment 1) are fair and reasonable. Price analysis will be conducted and prices will be evaluated on a comparison of proposed prices from all Offerors received in response to the solicitation, or with previously proposed prices for the same or similar products. The Government will follow the pricing policy at FAR Subpart 15.402 in establishing reasonableness of the offered prices. If it is concluded that additional information is necessary to determine the reasonableness of the proposed price, the Contracting Officer may request data other than certified cost or pricing data to the extent necessary for the contracting officer to determine a fair and reasonable price.

III. EVALUATION PROCESS:

The technical panel will provide an evaluation of technically acceptable or not technically acceptable for the Technical Section. The Price Proposal Section will be evaluated by the Contracting Officer in accordance with the evaluation criteria established in Section I.

The Government technical evaluation panel will evaluate proposals in accordance with the solicitation and evaluation criteria stated herein, and will document the evaluation by providing a narrative discussion of the evaluation of each proposal in terms of the evaluation criteria as either acceptable or unacceptable for the technical specifications in the System Specifications Attachment. This narrative discussion shall be incorporated into a report, which will be presented to the Contracting Officer. Clarifications or communications may be conducted IAW FAR Subpart 15.306 (a) and (b). If discussions are necessary, a competitive range will be established IAW FAR Subpart 15.306(c) and to the extent deemed necessary at the sole discretion of the Contracting Officer, written discussion items (DI) will be issued to Offerors in the competitive range, using control numbers, to further investigate any weaknesses, deficiencies, or other areas identified by the technical panel as germane to the evaluation process. These DIs are considered exchanges/discussions in accordance with FAR Subpart 15.306(d). The Contracting Officer may also issue DIs relating to any matter that requires written revisions to a proposal for which a binding agreement is required/desired. The technical panel will be responsible for keeping the Contracting Officer informed at all steps of the evaluation process.

Technical and Administrative, when combined, are significantly more important than price.

IV. RATING METHODS/DEFINITIONS:

(a) TECHNICAL FACTOR: One of the following technical ratings will be assigned:

TECHNICAL RATINGS

Rating Definition Acceptable Proposal meets the requirements of the solicitation.

Unacceptable Proposal does not meet the requirements of the solicitation.

(x) The provision at 52.212-3 Alt I, OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL ITEMS (FEB 2021), applies to this acquisition.

Offerors are advised to include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications -- Commercial Items, with its offer. This single, consolidated list of representations and certifications for the acquisition of commercial items is attached to this solicitation for offerors to complete and submit with its offer.

(xi) The clause at 52.212-4, CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (OCT 2018), applies to this acquisition.

(xii) The clause at 52.212-5, CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS – COMMERCIAL ITEMS (September 2021), applies to this acquisition.

(xiii) The following Solicitation Provisions or FAR Clauses are determined by the contracting officer to be necessary for this acquisition:

52.203-3 Gratuities 52.203-6 (Alt I) Restrictions on Subcontractor Sales to the Government 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions.

52.203-12 Limitation on Payments to Influence Certain Federal Transactions.

52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements 52.204-4, Printed or Copied Double-Sided on Recycled Paper 52.204-7 System for Award Management 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards 52.204-13 System for Award Management Maintenance 52.204-16 Commercial and Government Entity Code Reporting 52.204-17 Ownership or Control of Offeror 52.204-18 Commercial and Government Entity Code Maintenance 52.204-19, Incorporation by Reference of Representations and Certifications 52.204-22 Alternative Line Item Proposal 52.209-6 Protecting the Government's Interest When Subcontracting with Contractor's Debarred, Suspended, or Proposed for Debarment 52.209-10 Prohibition on Contracting With Inverted Domestic Corporations 52.219-6 Notice of Total Small Business Set Aside 52.219-8 Utilization of Small Business Concerns 52.219-28 Post-Award Small Business Program Representation 52.222-3 Convict Labor 52.222-19 Child Labor—Cooperation with Authorities and Remedies http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1941_275262 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P157_23186 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P228_33330 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P238_35597 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P449_66824 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P539_80240 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_215.htm#P1280_218465 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_215.htm#P1280_218465 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_215.htm#P1808_318412 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_220.htm#P263_52280

52.222-21 Prohibition of Segregated Facilities 52.222-25 Affirmative Action Compliance 52.222-26 Equal Opportunity 52.222-35 Equal Opportunity for Veterans 52.222-36 Affirmative Action For Workers With Disabilities 52.222-37 Employment Reports on Veterans 52.222-40 Notification of Employee Rights Under the National Labor Relations Act 52.222-50 Combating Trafficking in Persons 52.223-5, Pollution Prevention and Right-to-Know Information 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving 52.225-13 Restrictions on Certain Foreign Purchases 52.229-3, Federal, State, and Local Taxes 52.232-17, Interest 52.232-23 Assignment of Claims 52.232-33 Payment by Electronic Funds Transfer--System for Award Management 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 52.237-1 Site Visit (APR 1984) 52.242-13, Bankruptcy 52.243-1 Changes -- Fixed-Price 52.247-34 F.O.B. Destination 52.249-2, Termination for Convenience of the Government (Fixed-Price) 52.253-1 Computer Generated Forms 252.201-7000 Contracting Officer's Representative 252.203-7000 Requirements Relating to Compensation of Former DoD Officials 252.203-7002 Requirement to Inform Employees of Whistleblower Rights 252.203-7005 Representation Relating to Compensation of Former DoD Officials 252.204-7000 Disclosure of Information 252.204-7002, Payment for Subline Items Not Separately Priced 252.204-7003 Control Of Government Personnel Work Product 252.204-7004 Alt A Central Contractor Registration 252.204-7006 Billing Instructions 252.204-7011 Alternative Line Item Structure 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support 252.209-7004, Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism 252.223-7008, Prohibition of Hexavalent Chromium 252.225-7001, Buy American and Balance of Payments Program 252.225-7002, Qualifying Country Sources as Subcontractors 252.225-7012, Preference for Certain Domestic Commodities 252.225-7048 Export-Controlled Items 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports 252.232-7010 Levies on Contract Payments 252.243-7001 Pricing of Contract Modifications 252.243-7002, Requests for Equitable Adjustment 252.244-7000 Subcontracts for Commercial Items 252.247-7023 Transportation by Sea

The Following Provisions and Clauses are Incorporated by Full-Text:

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020)

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_220.htm#P660_111594 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_220.htm#P1282_225856 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_227.htm#P790_143550 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_232.htm#P502_93997 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_232.htm#P1123_204054 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_237.htm#P324_51925 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_237.htm#P370_59890 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_246.htm#P1697_242999 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252204.htm#252.204-7002 http://www.acq.osd.mil/dpap/dars/dfars/html/current/252209.htm#252.209-7004 http://www.acq.osd.mil/dpap/dars/dfars/html/current/252223.htm#252.223-7008 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm#252.225-7001 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm#252.225-7002 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm#252.225-7012 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252243.htm#252.243-7002

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

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

(b) Prohibition.

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

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

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

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

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

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

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

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

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

(d) Representations. The Offeror represents that--

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

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

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

(e) Disclosures.

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)

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

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

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

Covered telecommunications equipment or services means--

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

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

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

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

Critical technology means--

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

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

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

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

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

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

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

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

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

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

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

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

(b) Prohibition.

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

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

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

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

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

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

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

(d) Reporting requirement.

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

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

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

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

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

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT

2020)

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

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

(c) Representations.

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

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

(End of provision) 52.209-5 Certification Regarding Responsibility Matters (a)

(1) The Offeror certifies, to the best of its knowledge and belief, that --

(i) The Offeror and/or any of its Principals --

(A) Are [_] are not [_] presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have [_] have not [_], within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are [_] are not [_] presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision; and

(D) Have [_], have not [_], within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples.

(i) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has [[_] has not [_], within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) “Principal,” for the purposes of this certification, means an officer; director; owner; partner; or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager;

plant manager; head of a division or business segment; and similar positions).

This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code.

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror’s responsibility. Failure of the

Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror non-responsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

(End of Provision)

52.222-22 Previous Contracts and Compliance Reports The offeror represents that –

(a) It [_] has, [_] has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation;

(b) It [_] has, [_] has not filed all required compliance reports; and

(c) Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards.

52.233-2 Service of Protest

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

Army Contracting Command – Aberdeen Proving Ground Natick Division Attn: Shawn Haubner 10 General Greene Avenue Natick, MA 01760

52.252-1 Solicitation Provisions Incorporated by Reference This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this address: https://www.acquisition.gov/ (End of Provision)

52.252-2 Clauses Incorporated by Reference This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: https://www.acquisition.gov/ (End of Clause)

252.223-7999 ENSURING ADEQUATE COVID-19 SAFETY PROTOCOLS FOR FEDERAL CONTRACTORS

(DEVIATION 2021-O0009) (OCT 2021)

(a) Definition. As used in this clause – United States or its outlying areas means— (1) The fifty States; (2) The District of Columbia; (3) The commonwealths of Puerto Rico and the Northern Mariana Islands; (4) The territories of American Samoa, Guam, and the United States Virgin Islands; and (5) The minor outlying islands of Baker Island, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Midway Islands, Navassa Island, Palmyra Atoll, and Wake Atoll.

(b) Authority. This clause implements Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors, dated September 9, 2021 (published in the Federal Register on September 14, 2021, 86 FR 50985).

(c) Compliance. The Contractor shall comply with all guidance, including guidance conveyed through Frequently Asked Questions, as amended during the performance of this contract, for contractor or subcontractor workplace locations published by the Safer Federal Workforce Task Force (Task Force Guidance) at https:/www.saferfederalworkforce.gov/contractors/.

http://www.acquisition.gov/ http://www.acquisition.gov/

(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts at any tier that exceed the simplified acquisition threshold, as defined in Federal Acquisition Regulation 2.101 on the date of subcontract award, and are for services, including construction, performed in whole or in part within the United States or its outlying areas.

(End of clause)

252.232-7006 Wide Area WorkFlow Payment Instructions (NOTE: Applicable information in paragraphs (f) and (g) will be populated upon contract award.)