AMENDMENT 1- CCTV Maintenance - Solicitation COMBO.pdf

Department of the Air Force 48th Fighter Wing (USAFE)

Combined Synopsis/Solicitation

General Information

Requirement Information

Requirement Title:

Solicitation Number:

Solicitation Issue Date:

Response Deadline:

Point(s) of Contact:

100 SFS/48 SFS CCTV Maintenance

FA558725Q0075

31 October 2024 AMENDEMENT 1- 19 November 2024

29 November 2024 no later than 1230 BST

SrA Henry Kleemann / henry.kleemann@us.af.mil Ms. Valerie

Cuevas / valerie.cuevas@us.af.mil

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

2. This solicitation is being issued as a(n) Request For Quote (RFQ).

3. This solicitation document and incorporated provisions and clauses are those in effect through:

Federal Acquisition Circular FAC 2019-06 Defense Federal Acquisition Regulation Public Notice DPN 20190913 Air Force Federal Acquisition Circular AFAC 2018-0525

4. Due to the overseas location of this requirement, no set-aside will be used in accordance with FAR 19.000(b).

The North American Industry Size Classification System (NAICS) code associated with this requirement is 561621

Description:

Maintain, upgrade, and align Closed Circuit Television (CCTV) system, and provide documentation and follow-on support to enhance Force Protection at RAF Lakenheath/RAF Feltwell and RAF Mildenhall. The CCTVs are a surveillance system with a total of 203 cameras that need maintenance across three bases. There are 53 cameras covering RAF Mildenhall (see Attachment 1). There are 150 cameras covering RAF Lakenheath and RAF Feltwell (see Attachment 1). Coverage shall include camera types, brands, and models listed on the Attachment 3 - Non-Nuclear Intrusion Detection System Equipment Approval Letters. There are also 4 ANPR (automatic number plate recognition cameras) which are located at RAF Lakenheath. The maintenance contractor shall maintain all non-real property items and interface between all systems. RAF Lakenheath, RAF Feltwell, and RAF Mildenhall are consistently pursuing updates/upgrades to the Force Protection capabilities and the contractor must be willing to accept the addition and replacement of cameras as these bases pursue 100% coverage. See Attachment 1 - CCTV Specifications

Place of Delivery/Performance/Acceptance/FOB Point:

F.O.B. Destination; RAF Mildenhall/RAF Feltwell/RAF Lakenheath, United Kingdom (exact customer address will be provided in the resulting contract).

Line Item Description 0001-0005 CCTV Requirements - RAF Lakenheath/Feltwell (see Attachment 2) 0006-0010 CCTV Requirements - RAF Mildenhall (see Attachment 2) 1001-1005 Option Year 1 Requirements - RAF Lakenheath/Feltwell (see Attachment 2) 1006-1010 Option Year 1 Requirements - RAF Mildenhall (see Attachment 2) 2001-2005 Option Year 2 Requirements - RAF Lakenheath/Feltwell (see Attachment 2) 2006-2010 Option Year 2 Requirements - RAF Mildenhall (see Attachment 2)

Combined Synopsis/Solicitation

Instructions to Offerors

3001-3005 Option Year 3 Requirements - RAF Lakenheath/Feltwell (see Attachment 2) 3005-3010 Option Year 3 Requirements - RAF Mildenhall (see Attachment 2) 4001-4005 Option Year 4 Requirements - RAF Lakenheath/Feltwell (see Attachment 2) 4006-4010 Option Year 4 Requirements - RAF Mildenhall (see Attachment 2)

FAR provision 52.212-1, Instructions to Offerors -- Commercial, applies to this acquisition. As prescribed in FAR 12.301(b)(1), the following addendum is provided for this solicitation and hereby amends any language therein:

Quotes in response to this solicitation must be submitted no later than 29 November 2024 at 1230 PM BST. Quotes must be submitted via email to either the Contract Specialist, henry.kleemann@us.af.mil and the Contracting Officer, Valerie Cuevas, valerie.cuevas@us.af.mil . Quotes submitted after the time given has expired will be considered LATE, and will therefore not be evaluated for award consideration. For example, if the quote is due at 1230 BST, and the Government POC receives it at 1231 PM BST, the quote will be deemed late and will not be opened or considered for award unless an exception applies (which is very rare).

Offerors are advised that large attachments to emails may delay transmission and should plan accordingly. Offerors may want to request acknowledgment from the Government point of contact of its quotes.

1. All price quotations must be submitted on Attachment 2 - Price Schedule and it must be filled in entirely. Vendor must submit a detailed technical submission, and they must be on a separate document.

2. In accordance with 52.212-3, offerors must complete the annual representations and certifications electronically via the SAM website at www.sam.gov. The United States Government reserves the right to review the representations and certifications via SAM.

3. Questions: Questions must be submitted via email to the personnel noted above. All questions are due no later than 1230 hours, on 14 November 2014, British Summer Time.

4. Specific Instructions:

a. Technical Capability:

i. Offerors shall not simply restate the Performance Work Statement); they shall include their technical capabilities in fulfilling requirements. Please use Attachment 1 and Attachment 4 to guide your quote.

b. Price:

i. Offerors shall complete the Price Schedule attached to this RFP (Attachment 2); this must be filled in entirely.

Insert proposed unit and extended prices on the Price Sheet for each Contract Line Item Number (CLIN), including all option periods. Ensure that unit prices are no more than two (2) decimal places. The extended amount must equal the unit price when multiplied by the Quantity.

ii. The resultant contract will be Firm Fixed Priced. Accordingly, proposed pricing by offerors shall be firm-fixed and not subject to revision and/or negotiation if selected for contract award. Additionally, multiple awards will not be considered, quotes shall include pricing for all items in Attachment 2, Price Schedule. Ensure that unit prices are no more than two (2) decimal places of a British Pound Sterling (£) or a United States Dollar ($).

Notice to Offeror(s)/Supplier(s): Funds are not presently available for this effort. No award will be made under this solicitation until funds are available. The Government reserves the right to cancel this solicitation, either before or after the closing date. In the event the Government cancels this solicitation, the Government has no obligation to reimburse an offeror for any costs.

The Government's terms, conditions, and respective clauses contained within this solicitation are prescribed in accordance with

Add Row Remove Row mailto:valerie.cuevas@us.af.mil http://www.sam.gov/

Combined Synopsis/Solicitation

Evaluation Criteria

Clauses and Provisions

United States Federal Acquisition Regulations (FAR), and are not subject to conditionally proposed revisions or changes requested by offerors. Offerors' specific terms and conditions that may be contingently proposed for subsequent inclusion into the contract, if awarded, will not be considered by the Government in its evaluation of Offers. Offerors that are not able to comply with the aforementioned conditions, will be determined as non-compliant with the solicitation requirements, and therefore may be removed from consideration for award.

Provisions that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

FAR Provision 52.212-2, Evaluation -- Commercial Items, applies to this acquisition. As prescribed in FAR 12.301(c), the following addendum is provided for this solicitation and hereby amends any language therein:

The Government intends to award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and technical factors considered with consideration to past experience. The Government intends to make an award without conducting interchanges. However, the Government reserves the right to enter into interchanges with some, all or none of the offerors regarding their offer at any time during the evaluation if deemed in the best interest of the Government. Award will be made utilizing FAR Part 13.5, Simplified Acquisition Procedures, the Government will award a contract to the lowest price offered that is technically acceptable. The following factors shall be used to evaluate offers:

TECHNICAL CAPABILITY - An offeror’s quotes will be considered technically acceptable if it meets the specifications in the Performance Work Statement. Quotes that do not meet these requirements per evaluation by subject matter experts at the 100th Security Force Squadron and 48th Security Forces Squadron will be considered unacceptable and therefore under the evaluation process will not be considered for award.

PRICE - Price will be evaluated on a comparative basis amongst all received quotations and the Government's estimate. The Government is evaluating unit pricing and the total overall price to determine price fair and reasonableness. The evaluation will also consider the possibility that FAR 52.217-8 Option to Extend Services can be exercised at any time, and can be exercised in increments of one to six months, but for no more than a total of six months during the life of the contract. The evaluation will assume that the prices exercised under FAR 52.217-8 will be at the same rates as those in effect under the contract at the time the option is exercised. This evaluation will not obligate the Government to exercise any option under FAR 52.217-8.

FAR provision 52.212-3, Offeror Representations and Certifications -- Commercial Items with alternate I applies to this acquisition;

the offeror verifies by submission of their offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications -- Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation.

FAR clause 52.212-4, Contract Terms and Conditions -- Commercial Items applies to this acquisition.

FAR clause 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders -- Commercial Items applies to this acquisition; the following checked clauses are hereby included by reference:

52.203-6, Restrictions on Subcontractor Sales to the Government with Alternate I 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment 52.222-17, Nondisplacement of Qualified Workers 52.222-21, Prohibition of Segregated Facilities

Combined Synopsis/Solicitation

Reset

✖ 52.222-26, Equal Opportunity ✖ 52.222-37, Employment Reports on Veterans ✖ 52.222-50, Combating Trafficking Persons ✖ 52.222-54, Employment Eligibility Verification

✖ 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving ✖ 52.225-13, Restrictions on Certain Foreign Purchases ✖ 52.232-33, Payment by Electronic Funds Transfer--System for Award Management

The provisions and clauses listed below have been determined by the contracting officer to be necessary for this acquisition and consistent with customary commercial practices. The following provisions and clauses are hereby included by reference:

52.204-7, System for Award Management 52.204-16, Commercial and Government Entity Code Reporting 52.204-18, Commercial and Government Entity Code Maintenance 52.209-10, prohibition on Contracting with Inverted Domestic Corporations 52.219-13, Notice of Set-Aside Orders 52.233-3, Protest After Award 52.233-4, Applicable Law for Breach of Contract Claim 52.245-1, Government Property 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 252.204-7003, Control of Government Personnel Work Product 252.204-7006, Billing Instructions 252.204-7008, Compliance with Safeguarding Covered Defense Information Controls 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting 52.232-40, Providing Accelerated Payments to Small Business Subcontractors 252.203-7000, Requirements Relating to Compensation of Former DoD Officials 252.209-7004, Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism 252.204-7015, Notice of Authorized Disclosure of Information for Litigation Support 252.222-7002, Compliance with Labor Laws (Overseas) 252.225-7033, Waiver of United Kingdom Levies 252.225-7041, Correspondence in English 252.225-7042, Authorization to Perform 252.225-7043, Antiterrorism/Force Protection for Defense 252.229-7000, Invoices Exclusive of Taxes or Duties 252.229-7006, Value Added Tax Exclusion (United Kingdom) 252.229-7007, Verification of United States Receipt of Goods 252.229-7008, Relief from Import Duty (United Kingdom) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports 252.232-7007, Limitation of Government's Obligation 252.232-7006, Wide Area WorkFlow Payment Instructions 252.232-7008, Assignment of Claims (Overseas) 252.232-7010, Levies on Contract Payments 252.232-7011, Payments in Support of Emergencies and Contingency Operations

252.233-7001, Choice of Law (Overseas) 252.237-7010, Prohibition on Interrogation of Detainees by Contractor Personnel 252.243-7001, Pricing of Contract Modifications 252.243-7002, Requests for Equitable Adjustment 252.244-7000, Subcontracts for Commercial Items 252.245-7001, Tagging, Labeling, and Marking of Government-Furnished Property 252.245-7002, Reporting Loss of Government Property 252.245-7003, Contractor Property Management

The provisions and clauses listed below have been determined by the contracting officer to be necessary for this acquisition and consistent with customary commercial practices. The following provisions and clauses are hereby included by full text:

52.217-5 -- Evaluation of Options (Jul 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

(End of Provision)

52.217-8 -- Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days of contract expiration. Prices during the performance under this clause shall be priced at the same price as the last option year of the contract.

(End of Clause)

52.217-9 -- Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 66 months inclusive of clause 52.217.9 and 42.217-8.

52.232-18 -- Availability of Funds (Apr 1984)

Funds are not presently available for this contract. The Government’s obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

52.252-2 -- Clauses Incorporated by Reference (Feb 1998)

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/these address(es): www.farsite.hill.af.mil

252.237-7023 Continuation of Essential Contractor Services (OCT 2010)

(a) Definitions. As used in this clause–

(1) “Essential contractor service” means a service provided by a firm or individual under contract to DoD to support mission essential functions, such as support of vital systems, including ships owned, leased, or operated in support of military missions or roles at sea;

associated support activities, including installation, garrison, and base support services; and similar services provided to foreign military sales customers under the Security Assistance Program. Services are essential if the effectiveness of defense systems or operations has the potential to be seriously impaired by the interruption of these services, as determined by the appropriate functional commander or civilian equivalent.

(2) “Mission-essential functions” means those organizational activities that must be performed under all circumstances to achieve DoD component missions or responsibilities, as determined by the appropriate functional commander or civilian equivalent. Failure to perform or sustain these functions would significantly affect DoD’s ability to provide vital services or exercise authority, direction, and control.

(b) The Government has identified all or a portion of the contractor services performed under this contract as essential contractor services in support of mission essential functions. These services are listed in Attachment 1, Performance Work Statement, section 9.2.2, dated 1 August 2019.

(c)(1) The Mission-Essential Contractor Services Plan submitted by the Contractor, is incorporated in this contract.

(2) The Contractor shall maintain and update its plan as necessary. The Contractor shall provide all plan updates to the Contracting Officer for approval.

(3) As directed by the Contracting Officer, the Contractor shall participate in training events, exercises, and drills associated with Government efforts to test the effectiveness of continuity of operations procedures and practices.

(d)(1) Notwithstanding any other clause of this contract, the contractor shall be responsible to perform those services identified as essential contractor services during crisis situations (as directed by the Contracting Officer), in accordance with its Mission-Essential Contractor Services Plan.

(2) In the event the Contractor anticipates not being able to perform any of the essential contractor services identified in accordance with paragraph (b) of this section during a crisis situation, the Contractor shall notify the Contracting Officer or other designated representative as expeditiously as possible and use its best efforts to cooperate with the Government in the Government’s efforts to maintain the continuity of operations.

(e) The Government reserves the right in such crisis situations to use Federal employees, military personnel or contract support from other contractors, or to enter into new contracts for essential contractor services.

(f) Changes. The Contractor shall segregate and separately identify all costs incurred in continuing performance of essential services in a crisis situation. The Contractor shall notify the Contracting Officer of an increase or decrease in costs within ninety days after continued performance has been directed by the Contracting Officer, or within any additional period that the Contracting Officer approves in writing, but not later than the date of final payment under the contract. The Contractor’s notice shall include the Contractor’s quotes for an equitable adjustment and any data supporting the increase or decrease in the form prescribed by the Contracting Officer. The parties shall negotiate an equitable price adjustment to the contract price, delivery schedule, or both as soon as is practicable after receipt of the Contractor’s quotes.

http://www.farsite.hill.af.mil/

Combined Synopsis/Solicitation

(g) The Contractor shall include the substance of this clause, including this paragraph (g), in subcontracts for the essential services.

(End of Clause)

5352.201-9101 - Ombudsman (JUN 2016)

(a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of quotes, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the interested party to another official who can resolve the concern.

(b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMB Circular A-76 competition performance decisions).

(c) If resolution cannot be made by the contracting officer, the interested party may contact the ombudsman:

Primary:

Mr. Erik Symanski

AFICA/KU, UNIT 3103, APO, AE 09094-3103

AFICA/KU, Geb 404, Flugplatz Ramstein, 66877 Ramstein-Miesenbach, Germany E-mail: erik.symanski@us.af.mil Tel: DSN: (314)480-9330 Fax: (49)-6731-47-2025

Alternate:

Ms. Heidi Hoehn

AFICA/KU, UNIT 3103, APO, AE 09094-3103

AFICA/KU, Geb 404, Flugplatz Ramstein, 66877 Ramstein-Miesenbach, Germany E-mail: heidi.hoehn.de@us.af.mil Tel: DSN: (314)480-9330 Fax: (49)-6731-47-2025

Concerns, issues, disagreements, and recommendations that cannot be resolved at the Center/MAJCOM/DRU/SMC ombudsman level, may be brought by the interested party for further consideration to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, phone number (571) 256-2395, facsimile number (571) 256-2431.

(d) The ombudsman has no authority to render a decision that binds the agency.

(e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the Contracting Officer.

(End of clause)

5352.223-9000 - Elimination of Use of Class I Ozone Depleting Substances (ODS) (NOV 2012)

(a) Contractors shall not:

(1) Provide any service or product with any specification, standard, drawing, or other document that requires the use of a Class I ODS in the test, operation, or maintenance of any system, subsystem, item, component, or process; or

(2) Provide any specification, standard, drawing, or other document that establishes a test, operation, or maintenance requirement that can only be met by use of a Class I ODS as part of this contract/order. [Note: This prohibition does not apply to mailto:erik.symanski@us.af.mil mailto:heidi.hoehn.de@us.af.mil manufacturing.]

(b) For the purposes of Air Force policy, the following products that are pure (i.e., they meet the relevant product specification identified in AFI 32-7086) are Class I ODSs:

(1) Halons: 1011, 1202, 1211, 1301, and 2402;

(2) Chlorofluorocarbons (CFCs): CFC-11, CFC-12, CFC-13, CFC-111, CFC-112, CFC-113, CFC-114, CFC-115, CFC-211, CFC-212, CFC-213, CFC-214, CFC-215, CFC-216, and CFC-217, and the blends R-500, R-501, R-502, and R-503; and

(3) Carbon Tetrachloride, Methyl Chloroform, and Methyl Bromide. [NOTE: Material that uses one or more of these Class I

ODSs as minor constituents do not meet the Air Force definition of a Class I ODS.]

(End of clause)

5352.223-9001 Health and Safety on Government Installations (NOV 2012)

(a) In performing work under this contract on a Government installation, the contractor shall:

(1) Take all reasonable steps and precautions to prevent accidents and preserve the health and safety of contractor and Government personnel performing or in any way coming in contact with the performance of this contract; and

(2) Take such additional immediate precautions as the contracting officer may reasonably require for health and safety purposes.

(b) The contracting officer may, by written order, direct Air Force Occupational Safety and Health (AFOSH) Standards and/or health/safety standards as may be required in the performance of this contract and any adjustments resulting from such direction will be in accordance with the Changes clause of this contract.

(c) Any violation of these health and safety rules and requirements, unless promptly corrected as directed by the contracting officer, shall be grounds for termination of this contract in accordance with the Default clause of this contract.

(End of clause)

5352.242-9000 Contractor Access to Air Force Installations (NOV 2012)

(a) The contractor shall obtain base identification and vehicle passes, if required, for all contractor personnel who make frequent visits to or perform work on the Air Force installation(s) cited in the contract. Contractor personnel are required to wear or prominently display installation identification badges or contractor-furnished, contractor identification badges while visiting or performing work on the installation.

(b) The contractor shall submit a written request on company letterhead to the contracting officer listing the following: contract number, location of work site, start and stop dates, and names of employees and subcontractor employees needing access to the base.

The letter will also specify the individual(s) authorized to sign for a request for base identification credentials or vehicle passes. The contracting officer will endorse the request and forward it to the issuing base pass and registration office or Security Forces for processing. When reporting to the registration office, the authorized contractor individual(s) should provide a valid driver’s license, current vehicle registration, and a valid vehicle insurance certificate to obtain a vehicle pass.

(c) During performance of the contract, the contractor shall be responsible for obtaining required identification for newly assigned personnel and for prompt return of credentials and vehicle passes for any employee who no longer requires access to the work site.

(d) When work under this contract requires unescorted entry to controlled or restricted areas, the contractor shall comply with AFI 31-101, Integrated Defense, and AFI 31-501, Personnel Security Program Management.

(e) Upon completion or termination of the contract or expiration of the identification passes, the prime contractor shall ensure that all base identification passes issued to employees and subcontractor employees are returned to the issuing office.

(f) Failure to comply with these requirements may result in withholding of final payment.

Combined Synopsis/Solicitation

(End of clause)

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

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

Covered telecommunications equipment or services, Critical technology, and Substantial or essential component have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. 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. Contractors are not prohibited 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.

(c) Representation. The Offeror represents that--

It [ ] will, [x] 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.

(d) Disclosures. If the Offeror has responded affirmatively to the representation in paragraph (c) of this provision, the Offeror shall provide the following information as part of the offer--

(1) All covered telecommunications equipment and services offered (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);

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

(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and

(4) For equipment, 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)

(end clause)

52.204-25 - Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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

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

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

(b) Prohibition. 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 Federal Acquisition Regulation 4.2104.

(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

Combined Synopsis/Solicitation

Attachments

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), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

(end clause)

Attachment 1 - CCTV Specifications Attachment 2 - Price Schedule Attachment 3 - (DCNI) Nuclear IDS Approval Letter Attachment 4 - CCTV PWS Final Attachment 4- Spare Parts