FINAL 70RTAC23Q00000082 RFQ - ACM.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

DHS/OPO/ITAC

245 Murray Lane, SW, #0115 Information Tech. Acquisition Div.

Office of Procurement Operations U.S. Dept. of Homeland Security

DHS CODE 16. ADMINISTERED BYCODE

X

X

519290

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED OR70RTAC

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

06/09/2023 1600 ES

05/31/2023

202-819-2560Katie McDermott (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

70RTAC23Q00000082

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 3 RUIO-23-ED106OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

Washington DC 20528-0115

TELEPHONE NO.

17a. CONTRACTOR/

Washington DC 20528-0115 301 7th Street, SW, RM 3051 Mailstop 0115 Office of Procurement Operations Department of Homeland Security

15. DELIVER TO

Washington DC 20528 245 Murray Lane SW, Mailstop 0115 Information Technology Acquisition Center Office of Procurement Operations U.S. Dept. of Homeland Security

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

1,000

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

INFO TECH ACQ CENTER(70RTAC)

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

This is a Request for Quote (RFQ) to procure the Association for Computing Machinery (ACM) Digital Library subscription services for the Department of Homeland Security (DHS), Office of the Chief Information Officer (OCIO). The resulting requirement will be Firm Fixed Price. The Period of Performance will be for a base year plus four option years. The period of performance is as follows:

07/01/2023-06/30/2024 (Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

DATED

Andrea K. Walker

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

07/01/2024-06/30/2025

07/01/2025-06/30/2026

07/01/2026-06/30/2027

07/01/2027-06/30/2028

Attachments:

Attachment 1 – Statement of Work

Attachment 2 – Sole Source Justification (SSJ)

To be acceptable, the vendor must provide a quote that meets the requirements of this solicitation.

The quote submitted shall provide the following:

1. Provide a quote in accordance with the statement of work (SOW).

2. In regard to item descriptions, quantities, unit price, and extended pricing, the Quoter shall provide an itemized breakdown of the subscription price.

3. Provide Unique Entity Id number, and TIN information.

4. DHS encourages additional discounts to be provided from vendor’s contract. Please include the percentage of discount offered.

5. The quoter shall be actively registered in SAM to receive an order.

6. Signed copy of the SF1449.

The response to this RFQ is due by June 9,2023, Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

3 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 3

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

70RTAC23Q00000082

no later than 4:00 PM ET. The questions to this

RFQ shall be submitted by June 2, 2023, no later than 12:00 noon ET.

All questions and final quotes shall be emailed by the due dates to the Contracting Officer

Andrea.Walker@hq.dhs.gov, and the Contract

Specialist, Katie.McDermott@hq.dhs.gov. When responding, please include the project title and

RFQ number in the subject line of your email. DHS would like to thank you for your interest in this requirement and for your consideration of submitting a response to the RFQ.

Period of Performance: 07/01/2023 to 06/30/2024

0001 ACM Digital Library Subscription

Delivery: 5 Days After Award

1001 (Option Period 1) ACM Digital Library Subscription

Period of Performance: 07/01/2024 to 06/30/2025

2001 (Option Period 2) ACM Digital Library Subscription

Period of Performance: 07/01/2025 to 06/30/2026

3001 (Option Period 3) ACM Digital Library Subscription

Period of Performance: 07/01/2026 to 06/30/2027

4001 (Option Period 4) ACM Digital Library Subscription

Period of Performance: 07/01/2027 to 06/30/2028

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

DEPARTMENT OF HOMELAND SECURITY (DHS)

STATEMENT OF WORK (SOW)

FOR

Association for Computing Machinery (ACM) Digital Library Subscription Services

May 31, 2023

1.0 GENERAL

1.1 Background

The U.S. Department of Homeland Security (DHS) is committed to using all available resources in its quest to make America safer. Access to the Association for Computing Machinery (ACM) Open/Digital Library will be used to support research, development, test and evaluation (RDT&E), and the transition of advanced cybersecurity and information assurance technologies to secure the nation’s current and future cyber and critical infrastructures.

1.2 Scope

The subscription shall provide DHS with unlimited access to ACM Open/Digital Library with complete historical archive. The vendor shall provide an online subscription for the period of performance stated in section 4.2.

1.3 OBJECTIVE

The Department of Homeland Security, OCIO’s objective is to support the DHS mission by providing information and tools to enable innovative problem solving. ACM Open/Digital Library helps to advance DHS technologies and optimize innovative practices and emerging technologies by providing access to a database of full-text articles and bibliographic literature covering computing and information technology to be used by computing professionals, practitioners, researchers, and educators across DHS.

2.0 SPECIFIC TASKS

2.1 TASK ONE – ACM OPEN/DIGITAL LIBRARY

The vendor shall provide unlimited access to the ACM Open/Digital Library through IP authentication and shall not require a username or password to access.

2.2 SUPPORT

a. IP Addresses. The Contractor shall be responsible for receiving and maintaining IP addresses and shall promptly respond to any changes in IPs which includes new IPs as well as cancellation of IPs. The Contractor shall maintain IP addresses for the Contractor’s databases and other electronic publications until DHS cancels subscription.

b. User IDs, Passwords. If Contractor cannot support IP authentication, the Contractor shall be responsible for issuing and maintaining user IDs that are necessary to access the Contractor’s databases or other electronic publications. The Contractor shall issue IDs for new Customers or additional users promptly and will keep records of all IDs issued. The Contractor may issue passwords at the time user IDs are issued, or the user will create the password. The Contractor shall establish procedures for Customers to request IDs and will identify any restrictions on use of IDs.

c. Canceling IDs. Upon DHS request, the Contractor shall promptly cancel individual IDs and terminate charges associated with continued service for those IDs. Contractor shall not terminate IDs without advance notification. The Contractor shall establish procedures for Customers to cancel IDs.

d.-Metrics Usage Data. The Contractor shall provide usage statistics on a monthly, quarterly, and annual basis or as needed for the purpose of product usage analysis.

3.0 GENERAL REPORT REQUIREMENTS

The Contractor shall provide usage reports when requested by the COR or CO, or make the reporting capability available for COR to obtain though a website. The Contractor shall provide all written reports in electronic format with read/write capability using applications that are compatible with DHS workstations (Microsoft Windows and Microsoft Office Applications).

3.1 INTELLECTUAL PROPERTY

N/A

3.2 PROTECTION OF INFORMATION

Contractor access to information protected under the Privacy Act is required under this SOW.

Contractor employees shall safeguard this information against unauthorized disclosure or dissemination in accordance with the law and Government policy and regulation.

3.3 SECTION 508 COMPLIANCE

Section 508 of the Rehabilitation Act (classified to 29 U.S.C. § 794d) requires that when Federal agencies develop, procure, maintain, or use information and communications technology (ICT), it shall be accessible to people with disabilities. Federal employees and members of the public with disabilities must be afforded access to and use of information and data comparable to that of Federal employees and members of the public without disabilities.

All products, platforms and services delivered as part of this work statement that, by definition, are deemed ICT shall conform to the revised regulatory implementation of Section 508 Standards, which are located at 36 C.F.R. § 1194.1 & Appendixes A, C & D, and available at https://www.ecfr.gov/cgi-bin/text-idx?SID=e1c6735e25593339a9db63534259d8ec&mc=true&node=pt36.3.1194&rgn=div5. In the revised regulation, ICT replaced the term electronic and information technology (EIT) used in the original 508 standards. ICT includes IT and other equipment.

Exceptions for this work statement have been determined by DHS and only the exceptions described herein may be applied. Any request for additional exceptions shall be sent to the Contracting Officer and a determination will be made according to DHS Directive 139-05, Office of Accessible Systems and Technology, dated November 12, 2018 and DHS Instruction 139-05-001, Managing the Accessible Systems and Technology Program, dated November 20, 2018, or any successor publication.

3.3.1 Section 508 Requirements for Technology Products

https://uscode.house.gov/view.xhtml?req=(title:29%20section:794d%20edition:prelim)%20OR%20(granuleid:USC-prelim-title29-section794d)&f=treesort&edition=prelim&num=0&jumpTo=true https://www.ecfr.gov/cgi-bin/text-idx?SID=e1c6735e25593339a9db63534259d8ec&mc=true&node=pt36.3.1194&rgn=div5 https://www.ecfr.gov/cgi-bin/text-idx?SID=e1c6735e25593339a9db63534259d8ec&mc=true&node=pt36.3.1194&rgn=div5

Section 508 applicability to Information and Communications Technology (ICT): American National Standards Institute Subscription (ANSI)

Applicable Exception: N/A Authorization #: N/A

Applicable Functional Performance Criteria: Does not apply

Applicable 508 requirements for electronic content features and components (including but not limited to Electronic documents; Electronic reports):

Does not apply

Applicable 508 requirements for software features and components: Does not apply

Applicable 508 requirements for hardware features and components: Does not apply

Applicable 508 requirements for support services and documentation: All requirements in Chapter 6 apply

3.3.2 Section 508 Deliverables

1. Section 508 Accessibility Conformance Reports: For each ICT item offered through this contract (including commercially available products, and solutions consisting of ICT that are developed or modified pursuant to this contract), the Offeror shall provide an Accessibility Conformance Report (ACR) to document conformance claims against the applicable Section 508 standards. The ACR shall be based on the Voluntary Product Accessibility Template Version 2.0 508 (or successor versions). The template can be found at https://www.itic.org/policy/accessibility/vpat. Each ACR shall be completed by following all of the instructions provided in the template, including an explanation of the validation method used as a basis for the conformance claims in the report.

4.0 OTHER APPLICABLE CONDITIONS

None

4.1 ACRONYM

4.1.1 COR – Contracting Officer’s Representative

4..1.2 CO – Contracting Officer

4.1.3 DHS − Department of Homeland Security

4.2 Period of Performance

The period of performance for this contract is a one-year base period with four one-year option periods as follows:

• The Base period: July 01, 2023, to June 30, 2024

• Option Period 1: July 01, 2024, to June 30, 2025

• Option Period 2: July 01, 2025, to June 30, 2026

• Option Period 3: July 01, 2026, to June 30, 2027

• Option Period 4: July 01, 2027, to June 30, 2028 https://www.itic.org/policy/accessibility/vpat

5.0 GOVERNMENT FURNISHED RESOURCES

The Government will not furnish any resources to the Contractor in support of this contract.

6.0 CONTRACTOR FURNISHED PROPERTY

The Contractor shall furnish all facilities, materials, equipment and services necessary to fulfill the requirements of this contract, except for the Government Furnished Resources

7.0 GOVERNMENT ACCEPTANCE PERIOD

The COR will review deliverables prior to acceptance and provide the contractor with an e-mail that provides documented reasons for non-acceptance. If the deliverable is acceptable, the COR will send an e-mail to the Contractor notifying it that the deliverable has been accepted.

7.1 The COR will have the right to reject or require correction of any deficiencies found in the deliverables that are contrary to the information contained in the Contractor’s accepted proposal.

In the event of a rejected deliverable, the Contractor will be notified in writing by the COR of the specific reasons for rejection. The Contractor may have an opportunity to correct the rejected deliverable and return it per delivery instructions.

8.0 DELIVERABLE TABLE

Item Number

SOW

Reference

Deliverable/ Event Due Date Distribution

1 2.1 Access to ACM Open/Digital Library through website

Within 5 days of award

COR

2 2.2 d Metrics Usage Data Monthly COR

9.0 POINTS OF CONTACTS

Contracting Officer Representative (COR) Name: TBD

Contracting Officer (CO) Name: Andrea Walker Telephone: 202-964-5144 E-mail: Andrea.Walker@hq.dhs.gov

Contract Specialist (CS) Name: Katie McDermott Telephone: 202-964-6484 E-mail: Katie.McDermott@hq.dhs.gov

10.0 INVOICING INSTRUCTION

The contractor shall submit a proper invoice for the services performed and completed on in accordance with FAR 52.232-25 “Prompt Payment” and FAR 52.232-1 “Payments.” Payment will be based on receipt of a proper invoice, and satisfactory contract performance (this includes submission and acceptance of all required deliverables for that month). All invoices shall be submitted by the Contractor in electronic format via email. No other form of invoice submission will be accepted. Invoices shall be electronically submitted to the following addresses:

To: InvoiceMGT.Consolidation@ice.dhs.gov Cc: [COR] Cc: [CO]

The subject line of the electronic mail message shall contain the following information:

Contractor Name, Contract/Task Order Number, Contractor’s Invoice Number; as well as Month and Year of Invoice Billing.

11.0 CLAUSES

Additional clauses/provisions applicable to this order are attached in the clauses section.

11.1 FAR CLAUSES INCORPORATED IN FULL TEXT

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (OCT 2020) The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in 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 https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 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 d of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT (DEVIATION 20-05) (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 in writing via email to the Contracting Officer, Contracting Officer’s Representative, and the Enterprise Security Operations Center (SOC) at NDAA_Incidents@hq.dhs.gov, with required information in the body of the email. In the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil.

For indefinite delivery contracts, the Contractor shall report to the Enterprise SOC, Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) and Contracting Officer’s Representative(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

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

(i) Within one business day from the date of such identification or notification:

the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known);

brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended.

In addition, the Contractor 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 of clause)

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

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

(End of provision)

52.217-9 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 7 days: provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 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 24 months.

12.0 HSAR CLAUSES INCLUDED IN FULL TEXT

HSAR 3052.205-70 ADVERTISEMENTS, PUBLICIZING AWARDS, AND RELEASES

(SEP 2012)

The Contractor shall not refer to this contract in commercial advertising or similar promotions in such a manner as to state or simply that the product or service provided is endorsed or preferred by the Federal Government or is considered by the Government to be superior to other products or services.

HSAR 3052.242-72 Contracting Officer's Representative (December 2003)

(a) The Contracting Officer may designate Government personnel to act as the Contracting Officer's Representative (COR) to perform functions under the contract such as review or inspection and acceptance of supplies, services, including construction, and other functions of a technical nature. The Contracting Officer will provide a written notice of such designation to the Contractor within five working days after contract award or for construction, not less than five working days prior to giving the contractor the notice to proceed. The designation letter will set forth the authorities and limitations of the COR under the contract.

(b) The Contracting Officer cannot authorize the COR or any other representative to sign documents, such as contracts, contract modifications, etc., that require the signature of the Contracting Officer.

Sole Source Justification (SSJ)

1-1

SSJ No.:

Date:

1. Nature and/or description of the item/service being procured and anticipated cost:

The Department of Homeland Security (DHS), Office of Procurement Operations (OPO), Information Technology Acquisition Center (ITAC), prepared this Sole Source Justification (SSJ) on behalf of the Office of the Chief Information Officer, (OCIO), Solutions Development Directorate (SDD), Research Library and Information Services (RLIS), for a subscription to Association for Computing Machinery (ACM) Digital Library for access to computing and information technology literature

The estimated total value for this effort is

2. Sole Source Justification Rationale in accordance with FAR 13.106-1(b)(1)(i) and (ii).

(Check one and explain below):

X Only one source reasonably available.

Urgent and compelling circumstances exists.

Exclusive licensing agreement exists.

Brand name. If the brand name requirement applies to a portion of the procurement, please identify that portion.

Industrial Mobilization Other.

Explanation:

ACM digital library is a private, nonprofit membership organization that holds worldwide distribution rights exclusively authorized to provide license access to the ACM Digital Library.

The ACM Digital Library subscription is essential and unique, as it provides information and tools to enable innovating problem solving and practices, as well as emerging technologies.

ACM is the leading information and knowledge resource on scholarly, core works in computing literature. ACM is also the world's largest educational and scientific society, enabling researchers and professionals with access to unique and highly specialized literature.

Sole Source Justification (SSJ)

Sole Source Justification for Simplified Acquisitions (over the micro-purchase threshold and up to the SAT) 1-1

Without this data, DHS would not have access to support research, development, test and evaluation (RDT&E), and the transition of advanced cybersecurity and information assurance technologies to secure the nation’s current and future cyber and critical infrastructures.

Market Research was conducted in accordance with FAR Part 10. It was concluded that ACM digital library is the only source available to acquire ACM Digital Library subscription services.

Currently, there are no authorized re-sellers of ACM content ,and there are no other vendors capable of providing the unique information to necessitate DHS’s mission. The published papers ACM contains are only available to subscribers in print and digitally via the ACM Digital Library. Further, ACM's agreement is for proprietary content and only ACM is the product/services provider.

3. The anticipated price will be determined fair and reasonable based on one or more of the price analysis techniques described below in accordance with FAR Part 13.106-3(a)(2).

Market Research.

Comparison of the proposed price with prices found reasonable on previous purchases.

X Current price List.

Comparison with similar items in a related industry.

Comparison to IGCE.

Contracting Officer’s personal knowledge.

Other.

ACM prices were found to be fair and reasonable based on ACM offering the the same pricing discounts across Government agencies along with providing an even lower rate as compared to corporate pricing.

4. Approval: