FA701420Q0040_Combined Synopsis_A3W SCM Consulting Services_AMENDMENT 1.pdf

DEPARTMENT OF THE AIR FORCE

HEADQUARTERS AIR FORCE DISTRICT OF WASHINGTON

Combined Synopsis/Solicitation

A3W Strategic Change Management Consulting Services

FA7014-20-Q-0040

1. This is a combined synopsis/solicitation for the acquisition of commercial services prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this announcement. This announcement constitutes the only solicitation; a written solicitation will not be issued. This requirement is being procured using Simplified Acquisition Procedures in accordance with FAR Part 13.

2. The Air Force District of Washington Contracting Directorate (AFDW/PK), 1500 W. Perimeter Rd., Suite 5750, Joint Base Andrews, MD 20762, intends to procure Strategic Change Management Consulting Services for the A3 Director of Weather Office at the Pentagon, VA.

3. This solicitation is being issued as a Request for Quotation (RFQ). The solicitation document, incorporated provisions, and clauses are those in effect through Federal Acquisition Circular (FAC) 2020-07. The Government contemplates the issuance of a Firm-Fixed Price (FFP) purchase order to satisfy this requirement.

4.

Contracting Officer's Business Size Selection Woman-Owned Small Business Set-Aside NAICS Code 541611 Small Business Size Standard $16.5 M

5. The quotation package shall include the following FFP Contract Line Item Numbers (CLINs) to include the elements listed in the product list as follows:

CLIN Supplies/Services Qty. Unit Unit Price Total Amount

0001 Labor – 2 PTEs – Strategic Change Management Consulting Services IAW the attached PWS (dated 27 Aug 20)

Base Year PoP: 21 Sep 20 – 20 Sep 21

12 Months $ $

0002 Travel/ODCs – IAW the attached PWS (dated 27 Aug 20)

Base Year PoP: 21 Sep 20 – 20 Sep 21

5 Each Trip 1: $758 Trip 2: $716 Trip 3: $1,958 Trip 4: $3,116 Trip 5: $3,324

NTE

$9,872.00

1001 Labor – 2 PTEs – Strategic Change Management Consulting Services – IAW the attached PWS (dated 27 Aug 20)

Option 1 PoP: 21 Sep 21 – 20 Sep 22

12 Months $ $

1002 Travel/ODCs – IAW the attached PWS (dated 27 Aug 20)

Option 1 PoP: 21 Sep 21 – 20 Sep 22

5 Each Trip 1: $758 Trip 2: $716 Trip 3: $1,958 Trip 4: $3,116 Trip 5: $3,324

NTE

$9,872.00

2001 Labor – 2 PTEs – Strategic Change Management Consulting Services – IAW the attached PWS (dated 27 Aug 20)

Option 2 PoP: 21 Sep 22 – 20 Sep 23

12 Months $ $

2002 Travel/ODCs – IAW the attached PWS (dated 27 Aug 20)

Option 2 PoP: 21 Sep 22 – 20 Sep 23

5 Each Trip 1: $758 Trip 2: $716 Trip 3: $1,958 Trip 4: $3,116 Trip 5: $3,324

NTE

$9,872.00

3001 Labor – 2 PTEs – Strategic Change Management Consulting Services – IAW the attached PWS (dated 27 Aug 20)

Option 3 PoP: 21 Sep 23 – 20 Sep 24

12 Months $ $

3002 Travel/ODCs – IAW the attached PWS (dated 27 Aug 20)

Option 3 PoP: 21 Sep 23 – 20 Sep 24

5 Each Trip 1: $758 Trip 2: $716 Trip 3: $1,958 Trip 4: $3,116 Trip 5: $3,324

NTE

$9,872.00

4001 Labor – 2 PTEs – Strategic Change Management Consulting Services – IAW the attached PWS (dated 27 Aug 20)

Option 4 PoP: 21 Sep 24 – 20 Sep 25

12 Months $ $

4002 Travel/ODCs – IAW the attached PWS (dated 27 Aug 20)

Option 4 PoP: 21 Sep 24 – 20 Sep 25

5 Each Trip 1: $758 Trip 2: $716 Trip 3: $1,958 Trip 4: $3,116 Trip 5: $3,324

NTE

$9,872.00

6. INSPECTION & ACCEPTANCE TERMS: Services will be inspected and accepted at location of performance.

7. This RFQ is not authorization to begin performance and in no way obligates the Government for any costs incurred by the contractor for this requirement. The Government reserves the right not to award a contract in response to this RFQ. Prior to commencement of any activities associated with performance of this requirement, the Government will issue a written directive or contractual document signed by the Contracting Officer with appropriate consideration established. The Government reserves the right to cancel this solicitation, with no obligation to the contractor by the Government.

8. The provision at 52.212-1, Instructions to Offerors -- Commercial, applies to this acquisition as follows:

a. Provide Cage and DUNS code when submitting offer. Vendor must be registered in beta.SAM.gov as a WOSB under the designated NAICS prior to contract award.

b. The Offeror shall include the following items in their submission:

i. ADMINISTRATIVE SECTION:

1. Completed and signed DD 254

2. All RFQ reps and certs (e.g. 52.212-3, 52.204-24, 52.204-26, etc.):

Offerors shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications -- Commercial Items, with its offer. Offeror Representations and Certifications (Oct 2018) -- Commercial Items is applicable to this solicitation and is hereby incorporated by reference. Offeror must include, with its offer, a completed copy of provision FAR 52.212- 3, Offeror Representations and Certifications-Commercial Items in full text. FAR 52.212-3 can be obtained from http://aquisition.gov. An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certificates electronically via https://beta.sam.gov. If an offeror has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website, the offeror shall complete only paragraphs (c) through (o) of this provision.

3.

ii. TECHNICAL SECTION:

1. Technical Approach (not to exceed 10 pages): The Technical Approach shall identify and describe the methodology to be used to fulfill the overall objectives and requirements that are outlined in the PWS. The offeror must clearly delineate the soundness and flexibility of the proposed approach. The Technical Approach shall not parrot the PWS.

2. Staffing Matrix/Plan (not to exceed 6 pages): The Staffing Matrix/Plan shall map the proposed labor mix (labor categories and hours) to the PWS tasks.

Also, it shall explain the offeror’s approach to staffing resources as well as the overall management of the entire project and scope.

3. Resumes (not to exceed 3 pages per resume): Resumes shall be provided for each proposed labor category. Resumes shall clearly identify qualified personnel with the requisite subject matter expertise and education. . If alternate labor categories are proposed, provide rationale, proposed education and experience levels IAW the format in the PWS.

iii. PRICING SECTION:

1. Pricing (base year and all 4 options) (no page limit): Proposed prices shall be provided reflecting the established CLINs in Section 5 of this solicitation.

Pricing shall be reflective of the specified contractor’s labor categories and hours detailed below and as stated in each CLIN IAW the PWS requirements:

Labor Category Hours Basis of Pricing

Subject Matter Expert Level I

Base Year: 250 Option 1: 250 Option 2: 200 Option 3: 150 Option 4: 150

PTE; PWS 2.1.,

2.2., 2.3., 2.4

Consultant(s)

Base Year: 550 Option 1: 600 Option 2: 545 Option 3: 550 Option 4: 500

PTE; PWS 2.1.,

2.2., 2.3., 2.4

c. Technical Submission Format: Text shall be single-spaced, on 8½” x 11” paper, with a minimum one-inch margin all around. Pages shall be numbered consecutively. Print shall be of a minimum 12-point Times New Roman font size. Headers and Footers may use a font size smaller than 12-point as long they are easily readable. Bolding, underlining, and italics may be used to identify topic demarcations or points of emphasis. Graphic presentations, including tables, while not subject to the same font size and spacing requirements, shall have spacing and text that is easily readable. The technical submission shall include a title page and table of contents that lists sections, subsections and page numbers (this will not count towards page count). Text and graphics portions shall be in a format readable by Microsoft (MS) Word and/or Adobe Acrobat. The offeror must ensure that the submission has been verified free of computer viruses.

d. Offerors shall address questions, concerns, or requests for clarification in writing (via e-mail) to the points of contact listed below by no later than 1:00 P.M. EDT 24 August 2020. Telephonic inquiries will not be accepted. The Contracting Officer and Contract Specialist assume no responsibility for non-delivery due to technical difficulties.

e. All offers shall be submitted via email to the Contracting Officer and the Contract Specialist via electronic mail no later than 1:00 P.M. Eastern Standard Time (EST) on 4 September 2020.

Contracting Officer Contract Specialist

Shannon Ozoria shannon.ozoria@us.af.mil

Nabila Ivaldi nabila.ivaldi.2.ctr@us.af.mil

f. Price and any discount terms. The offeror shall provide a price quotation for all CLINS inclusive of all discounts and after the removal of any federal tax (tax exemption documentation can be furnished upon contract award). All quotes shall document that they are valid for a minimum of 45 days from the date of solicitation closing.

g. Other considerations. The government intends to award based on the clause 52.212-2 found herein. Possible delays should be anticipated when using electronic submissions.

Late offers will be processed in accordance with FAR Provision 52.212-1(f) Late Submissions, Modifications, Revisions and Withdrawals of Offers.

9. The provision at 52.212-2, Evaluation-Commercial Items is applicable, and the specific evaluation criteria will be applied as follows:

This is a competitive Full-Tradeoff best value award decision conducted in accordance with FAR Subpart 13.1, as supplemented by the DFARS and AFFARS. This acquisition does not use FAR Subpart 15.3 source selection procedures.

The Government intends to award a single, Firm-Fixed Price (FFP) purchase order resulting from this solicitation. However, the Government reserves the right to make no award at all.

By submission of its quote, the offeror accedes to all solicitation requirements in addition to those identified as evaluation factors. Failure to meet a solicitation requirement may result in a quote being non-compliant. Offerors must clearly identify any exception to the solicitation terms and conditions and shall provide accompanying rationale.

The evaluation factors and relative order of importance are as follows:

a. Factor 1, Technical Section:

a. Subfactor 1: Technical Approach

b. Subfactor 2: Staffing Matrix/Plan

c. Subfactor 3: Qualifications and Subject Matter Expertise

b. Factor 2, Price Section

a. Factor: Price

The Technical Section (Factor 1) is significantly more important than Price (Factor 2). The technical subfactors are of equal importance.

The Government will review the Technical Section to determine the degree to which the offeror’s proposed technique will satisfy the Government’s requirements. The Technical Section will receive an overall rating of Outstanding, Good, Acceptable, Marginal, or Unacceptable. If any technical subfactor receives an Unacceptable rating, Factor 1 will be deemed Unacceptable. Quotes deemed Unacceptable for Factor 1 will not proceed to be evaluated further.

TECHNICAL SECTION:

(i) Technical Approach

a. The Government will evaluate each vendors’ understanding of the requirement and technical solution to achieving the outcome required by the Government

IAW the Performance Work Statement (PWS). The Government will evaluate each vendor’s approach to ensure the approach is realistic and captures all requirements outlined in the PWS.

b. This factor will be assigned an Outstanding, Good, Acceptable, Marginal, or Unacceptable Rating.

(ii) Staffing Matrix/Plan

a. The Government will evaluate the vendor’s proposed staffing matrix that assigns the actual hires IAW its proposed PWS tasks. The staffing matrix will also be evaluated to assess the vendor’s full understanding of the requirement for staffing resources and overall management of the entire project and scope.

(iii) Qualifications and Subject Matter Expertise

a. The Government will review resume submissions for education and experience level for all personnel IAW Attachment 4 to show an understanding of the requirement.

PRICE SECTION:

(i) Pricing

a. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement and determining price fairness and reasonableness. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced and if price fairness and reasonableness does not exist.

b. Evaluation of FAR 52.217-8, Option to Extend Services. The solicitation and subsequent award for this acquisition contains the clause at FAR 52.217-8, Option to Extend Services. This option to extend the contract term will be evaluated as part of the initial evaluation, whereby any resultant exercise of this option is within scope of the pending contract. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed six (6) months. Offerors are required only to price the base and option CLINs. Offerors shall not submit a price for the potential six-month extension of services period. The Government will evaluate the possible prices for FAR 52.217-8 through its evaluation of the base and option prices. If conditions warrant the exercise of this FAR 52.217-8, the price(s) for continued performance under this clause shall be at the same price(s) as awarded for the base period or the option period (whichever is being extended). As such, if the base and option prices are considered fair and reasonable then the cost of the possible extension of services under FAR 52.217-8 shall be considered fair and reasonable and in the best interest of the Government. Evaluation of options shall not obligate the Government to exercise the option(s).

c. No adjectival rating will be assigned to this factor.

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 (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

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

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

Executive Orders-Commercial Items (Mar 2020), applies to this acquisition. All additional FAR clauses cited within the clause that are applicable to this acquisition are specified in Section 13 of this solicitation.

12. Other Applicable Clauses and Provisions:

CLAUSES/PROVISIONS INCORPORATED BY REFERENCE

52.202-1 Definitions 52.203-3 Gratuities 52.203-6 Restrictions on Subcontractor Sales to the Government 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation 52.204-7 System for Award Management 52.204-13 System for Award Management Maintenance 52.204-16 Commercial and Government Entity Code Reporting 52.204-18 Commercial and Government Entity Code Maintenance 52.212-1 Instructions to Offerors—Commercial Items 52.212-4 Contract Terms and Conditions—Commercial Items 52.217-5 Evaluation of Options 52.216-1 Type of Contract 52.217-5 Evaluation of Options 52.229-12 Tax on Certain Foreign Procurements 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 52.233-1 Disputes 52.233-2 Service of Protest 52.233-3 Protest After Award 52.233-4 Applicable Law for Breach of Contract

52.243-1 Changes—Fixed-Price 52.249-4 Termination for Convenience of the Government 52.252-6 Authorized Deviations in Clauses 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 252.203-7003 Agency Office of the Inspector General 252.204-7003 Control of Government Personnel Work Product 252.204-7004 Antiterrorism Awareness Training for Contractors 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 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 252.215-7000 Pricing Adjustments 252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors 252.225-7012 Preference for Certain Domestic Commodities 252.225-7048 Export-Controlled Items 252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports 252.232-7010 Levies on Contract Payments 252.232-7011 Payments in Support of Emergencies and Contingency Operations 252.232-7017 Accelerating Payments to Small Business Subcontractors-Prohibition on Fees and Consideration 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

CLAUSES INCORPORATED BY FULL TEXT

52.204-22 ALTERNATIVE LINE ITEM PROPOSAL

(a) The Government recognizes that the line items established in this solicitation may not conform to the Offeror's practices. Failure to correct these issues can result in difficulties in acceptance of deliverables and processing payments. Therefore, the Offeror is invited to propose alternative line items for which bids, proposals, or quotes are requested in this solicitation to ensure that the resulting contract is economically and administratively advantageous to the Government and the Offeror.

(b) The Offeror may submit one or more additional proposals with alternative line items, provided that alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation.

However, acceptance of an alternative proposal is a unilateral decision made solely at the discretion of the Government. Offers that do not comply with the line items specified in this solicitation may be determined to be nonresponsive or unacceptable.

(End of provision)

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT

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

(a) Definitions. As used in this provision—

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

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

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

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

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

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

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

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

(d) Representation. The Offeror represents that—

(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

(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.

(End of clause)

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES-

REPRESENTATION

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

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

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

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS

(NOV 2017)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at https://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

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

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

"Forced or indentured child labor" means all work or service-

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

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

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror.

Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

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

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except--

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174).

Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--

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

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

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

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

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

(6) Have been voluntarily suspended.

“Sensitive technology”--

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

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

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

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

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

(1) Means a small business concern--

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

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

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

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

“Small disadvantaged business concern”, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that--

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

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

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

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

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

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

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

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

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

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

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ___ .

[Offeror to identify the applicable paragraphs at (c) through (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any.) These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

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

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

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

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

(4) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, ( ___ ) is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, ( ___ ) is not a women-owned small business concern.

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

(i) It [ ___ ] is, [ ___ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___ .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that--

(i) It [ ___ ] is, [ ___ ] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ___ -.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(8) Women-owned business concern (other than small business concern). (Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

(10) HUBZone small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents, as part of its offer, that--

(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control,…