FINAL RFQ 21T1013 (combined synopsis-solicitation).docx

Naval Criminal Investigative Service (NCIS) - Combined Synopsis/Solicitation

DATE: 25 June 2021

Naval Criminal Investigative Service (NCIS), Quantico, VA intends to award a contract, on a Sole Source basis, to Forensic Consultant & Associates, 135 Cedar Street, Corning, NY 14830-2634, under the authority of 10 U.S.C. 2304(c)(1) as implemented by Federal Acquisition Regulation (FAR) Part 6.302-1(a)(2)(ii) “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements” “Only One Responsible Source”.

This is not a request for competitive proposals/quotes. Responsible sources may submit a capabilities statement, which shall be considered by the agency. A determination by the Government not to compete based upon responses to this notice is solely within the discretion of the Government.

Questions concerning this notice may be directed to Kristin Gomez at kristin.gomez@ncis.navy.mil

This is a combined synopsis/solicitation (N63285-21-T-1013) for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, Streamlined solicitation for commercial items, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation.

The Naval Criminal Investigative Services (NCIS) has a requirement for services to Blood Stain Pattern Documentation Advanced Training Services. In accordance with FAR Part 12 and 13, the NCIS, Acquisition Division (Code 14B) is issuing a solicitation for the acquisition of such services. Required specifications are listed in Schedule of Supplies/Services within this solicitation and in the Performance Work Statement (PWS). A Request for Quote (RFQs) is being requested and a separate written solicitation will not be issued.

This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2021-05, Effective March 10, 2021 and Defense Federal Regulation Supplement (DFARS) Change 05-20-2021. It is the responsibility of the contractor to be familiar with the applicable provisions and clauses, which can be accessed in full text at www.acquisition.gov.

A quote is due by 3:00 PM EST, Monday, June 28, 2021. A quote shall be sent via email to kristin.gomez@ncis.navy.mil with RFQ number listed in the subject line. Any questions regarding this procurement should be directed to Mrs. Kristin Gomez.

The Quoter is responsible for ensuring their quote has been received by the Contract Specialist via email by the date and time specified above. Delivery delays that cause a quote to be late are not the responsibility of the Government agency.

REQUIRED DELIVERY/PERIOD OF PERFORMANCE: The Government requires delivery of training for the notional course dates of 13 - 17 September 2021, with start of work commencing within 14 days prior to course start.

PAYMENT TERMS: NET 30 days. Invoices must be submitted via the Wide Area Work Flow (WAWF) in accordance with DFARS 252.232-7006. Invoices MUST be submitted via the WAWF to be processed for payment. See Statement of Work for more details on technical specifications.

PERFORMANCE WORK STATEMENT (PWS)

FOR

NAVAL CRIMINAL INVESTIGATIVE SERVICE (NCIS)

ADVANCED BLOODSTAIN PATTERN DOCUMENTATION TRAINING SUPPORT

1. BACKGROUND

The Naval Criminal Investigative Service (NCIS) is the federal law enforcement agency charged with conducting investigations of felony-level offenses affecting the Navy and Marine Corps. The NCIS mission is to “prevent terrorism, protect secrets, and reduce crime” for the Department of Navy (DoN). One of the main types of investigations impacting Navy and Marine Corps readiness is death investigation based upon resulting morale impacts to those involved as witnesses, time required to coordinate with investigating agents, cleaning efforts required to sanitize the ship, and setbacks to fleet training and deployment schedules. NCIS Special Agents trained as forensic specialists, called Forensic Consultants (FCs), play a critical role within NCIS’ mission to investigate crime and death scenes and specialize in working scenes on a regular basis. Bloodstained scenes and evidence are commonplace in the world of crime scene investigation. Without a scientifically-based background in forensic science, including tenets of proper bloodstain documentation and analysis, Agents cannot expect to accurately and precisely document bloodstained evidence, subsequently used to identify investigative leads and exonerate victims and convict subjects during prosecution efforts.

2. SCOPE

The primary scope of this effort is to support the Office of Forensic Science (OFS) training plan for Forensic Consultants (FCs), which includes a requirement for advanced training in bloodstain pattern documentation. The purpose of the training is to provide attendees with the knowledge of how best to document bloodstain patterns in such a manner as to allow for subsequent remote analysis by a qualified bloodstain pattern analyst, as needed. The training should include core skills such as documentation of bloodstains via standard and infrared photography, sampling of bloodstains for laboratory analysis, and recognition of patterns of reconstructive value. The course should be approximately 40 hours in duration, accomplished during FY21. Core principles of the Physics/Pattern Interpretation Committee of the Organization of Scientific Area Committees (OSAC) for Forensic Science and the International Association of Identification need to be adhered to in order for the training to be compatible with anticipated certification requirements for forensic science practitioners, such as OFS FCs.

3. OBJECTIVES

The goals of this requirement are as follows:

· Acquire knowledge of how to accurately and precisely document bloodstain patterns:

· Properly utilize measurement tools such as scales, as references, in notes, sketches, and photographs.

· Appropriately sample bloodstain patterns for possible laboratory analysis.

· Correctly package bloodstained evidence for preservation

· Understand the significance for taking overall, mid-range and close-up images of bloodstain patterns.

· Recognize the following pattern types:

· Impact Patterns

· Cast-off Patterns

· Drip Trails

· Altered Patterns (sequencing issues)

· Blood Clots

· Mucous Strands

· Diluted Stains

· Document impact patterns to determine area of origin

· Understand the limitations of bloodstain pattern analysis for subsequent reporting.

· Observe and record scene considerations which may influence bloodstain patterns being documented.

· Recognize the potential value of the analysis of the physical characteristics of bloodstain patterns for the reconstruction of past events.

4. TASK REQUIREMENTS

4.1 The Contractor shall provide in-person instructional services to conduct 40 hours over five (5) eight-hour days of lecture-based and hands-on practical exercises to NCIS Office of Forensic Support (OFS) Forensic Consultants and Associates.

4.1.1 The 40-hour course shall provide robust, science-based instruction incorporating the fundamentals of bloodstain formation as factored into how bloodstains of various types are created and how the formation of bloodstains is impacted by environmental conditions. The course should focus extensively on methodology for documenting bloodstains via notes, photography, and sketching to permit subsequent analysis by a qualified expert as deemed necessary based upon the investigative requirements.

4.1.2 The Contractor shall ensure students apply learned techniques during practical exercises in each training module.

5. PERIOD OF PERFORMANCE/DELIVERY

The period of performance shall be for one training course for September 13-17, 2021.

Within 14 calendar days prior to the start of training, NCIS will coordinate with the Contractor regarding reporting procedures. The Contractor shall report to the training location two days prior to the start of the course to set-up the lecture room and two practical rooms. Each subsequent training day, the Contractor shall report to the designated Visitor Center approximately forty-five (45) minutes prior to the designated start time of the course in order to access the facility.

6. PLACE OF PERFORMANCE

The training course shall be presented at the NCISRA Camp Pendleton office aboard Marine Corps Base (MCB) Camp Pendleton, CA, and two locations identified in advance by OFS that are suitable for conducting practical exercises. The lecture portion of the instruction will be conducted in a room outfitted with dimmable lights suitable for computer projector presentations and equipped with a digital projector and screen. The lecture and practical exercise venues will be utilized throughout the duration of the training.

7. PERSONNEL REQUIREMENTS

The Contractor shall provide at least one (1) qualified instructor.

The Contractor should possess an advanced degree in a science field compatible with the forensic discipline of bloodstain pattern analysis or equivalent field-based forensic experience. The Contractor should have significant case experience and be qualified to provide expert testimony in state, federal, and military courts of law. The Contractor should have extensive experience in providing engaging lecture-based and practical instruction. It is preferred the Contractor be currently or recently engaged with reputable forensic professional associations including the Organization of Scientific Area Committees (OSAC), the International Association of Bloodstain Pattern Analysts (IABPA), the Scientific Working Group on Bloodstain Pattern Analysis (SWGSTAIN), and the International Association of Identification (IAI). An internet-based and social media survey of the Contractor shall be performed in order to identify and verify any instances of questionable integrity in the professional setting.

The Contractor shall dress appropriately in business casual attire unless practical exercises dictate otherwise.

8. DELIVERABLES

The Contractor shall develop PowerPoint presentations and any supplemental training materials to be presented live during the designated training dates.

The Contractor shall make printed training manuals available for the students to use during training and retain subsequently.

The Contractor shall prepare suitable practical exercises to fulfill the course objectives.

9. QUALITY ASSURANCE

The Government will evaluate the Contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan. This plan is primarily focused on what the Government must do to ensure that the Contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

The functional expertise of the Contracting Officer’s Representative (COR) plays a critical role in adequately evaluating Contractor performance. The below listed methods of surveillance shall be used in the administration of the Quality Assurance Surveillance Plan (QASP) and the standards are delineated by the PWS in the Performance Requirements Summary (PRS) set forth below:

Customer Feedback/Survey

95% COR/Government Lead inspections;

COR/Government Lead inspections;

- If the course is taught in a virtual environment, timely arrival at designated online platform to provide training by arriving 30 minutes prior to start of class each day.

- Content in the lesson plan/training outline, power point presentations and handouts is accurate and provides detail of each training topic.

- Content in lesson plan/training outline, power point presentations and handouts is complete by covering all the training topics identified for the course.

95%

COR/Government Lead inspections

COR/Government Lead inspections

COR/Government Lead inspections

10.0 SECURITY REQUIREMENTS

The Contractor shall be capable of meeting minimum background checks prior to performance of the effort. Government personnel within OFS will facilitate obtaining installation access. Contractor must supply full name, personal identifiable information, contact phone numbers, and email addresses to the OFS representative at least five (5) business days prior to arrival in order for the base Security Department to conduct a background check and approve access to the base.

All access and documentation shall be returned to the Government at the completion of the training. Compliance with all NCIS communication regulations pertaining to access to e-mail and Internet activities is mandatory, as applicable. Failure to comply with security requirements is grounds for termination.

Access to MCB Camp Pendleton is a privilege that may be granted, denied, or withdrawn by base security. Denial or withdrawal may occur as a result of any type of misconduct or incident determined contrary to the best interest of the base and NCIS’ mission, protection of property, welfare of personnel and for any other infraction determined justifiable for denying access.

10.1 The Contractor shall comply with the following:

a. The Contractor will not be admitted on site unless he or she furnishes satisfactory proof of United States citizenship or, if an alien, that their residence and employment within the United States is legal.

b. All Contractor employees must possess a valid picture identification card issued by a State or Federal agency.

c. Contractor shall conduct himself or herself in a proper, efficient, courteous and business-like manner.

d. Contractors entering NCIS sites shall comply with all security requirements in effect during the contract periods and shall be subject to such checks as may be deemed necessary. The Contractor should contact each installation prior to beginning work on-site to ensure the Contractor understands and can comply with individual installation security requirements.

11. ORGANIZATIONAL CONFLICT OF INTEREST

The Contractor performing work under this effort may receive, have access to or participate in the development of proprietary or source selection sensitive information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services, which may create current or subsequent Organizational Conflict of Interests (OCIs) as defined in FAR Subpart 9.5. The Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may affect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

12. CONTRACTING OFFICER REPRESENTATIVE (COR)

The (COR) will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract: perform inspections necessary in connection with contract performance: maintain written and oral communications with the Contractor concerning technical aspects of the contract: issue written interpretations of technical requirements, including Government drawings, designs, specifications: monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies; coordinate availability of government furnished property, and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.

13. NON-DISCLOSURE AGREEMENTS:

The Contractor will be required to sign non-disclosure agreements in order to protect the integrity of all operational information, processes or solutions pertaining to NCIS, proprietary or sensitive information, materials, items provided, used or accessed during this effort for the NCIS regardless of the information’s underlying classification level.

14. PRIVACY ACT:

This effort may require that the Contractor have access to Privacy Information. In addition, the Contractor shall adhere to the Privacy Act, Title 5 of the U.S. Code, Section 552a and applicable agency rules and regulations. Contractor will be expected to sign a Non-Disclosure Form, which will be provided to the Contracting Officer or the COR prior to commencing work. Contractor acknowledges that criminal penalties under section 1106(a) of the Social Security Act (42 USC 1306(a)), including possible imprisonment, may apply with respect to any disclosure of information in the file(s) that is inconsistent with the terms of the agreement. Contractor further acknowledges that criminal penalties under the Privacy Act (5 USC 552a(I)(3), as amended) may apply if NCIS determines Contractor, or any individual employed or affiliated therewith, knowingly and willfully obtained the file(s) or distributed information under false pretenses.

15. NMCARS 5237.102-90 Enterprise-wide Contractor Manpower Reporting Application (ECMRA)

(a) DOD contracting activities awarding or administering contracts shall incorporate the following Enterprise-wide Contractor Manpower Reporting Application (ECMRA) standard language into all contracts which include services, provided the organization that is receiving or benefiting from the contracted service is a Department of Defense organization, including reimbursable appropriated funding sources from non-DOD executive agencies where the Defense Component requiring activity is the executive agent for the function performed. The reporting requirement does not apply to situations where a Defense Component is merely a contracting agent for another executive agency. Contracted services excluded from reporting are based on Product Service Codes (PSCs). The excluded PSCs are:

(1) W, Lease/Rental of Equipment;

(2) X, Lease/Rental of Facilities;

(3) Y, Construction of Structures and Facilities;

(4) D, Automatic Data Processing and Telecommunications, IT and Telecom- Telecommunications Transmission (D304) and Internet (D322) ONLY;

(5) S, Utilities ONLY;

(6) V, Freight and Shipping ONLY.

(b)The standard language to be inserted is:

“The Contractor shall report Contractor labor hours (including sub-Contractor labor hours) required for performance of services provided under this contract for Interview and Interrogation Training Support via a secure data collection site. Contracted services excluded from reporting are based on Product Service Codes (PSCs). The excluded PSCs are:

(1) W, Lease/Rental of Equipment;

(2) X, Lease/Rental of Facilities;

(3) Y, Construction of Structures and Facilities;

(4) D, Automatic Data Processing and Telecommunications, IT and Telecom- Telecommunications Transmission (D304) and Internet (D322) ONLY;

(5) S, Utilities ONLY;

(6) V, Freight and Shipping ONLY.

The Contractor is required to completely fill in all required data fields using the following web address: https://www.ecmra.mil.

Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. Contractors may direct questions to the help desk, linked at https://www.ecmra.mil.

FAR 52.212-1 ADDENDUM - INSTRUCTIONS TO QUOTER

Response Due Date: 3:00 PM EST, Monday, June 28, 2021

RFQ Title: Blood Stain Pattern Documentation Advanced Training Services

RFQ#: N63285-21-T-1013

Purchase Request: N6328521RCA1013 Set Aside: Yes, small business Authority: FAR 12 inconjunction with FAR 13 Open Market J&A: Yes, Sole Source; FAR 13.106-1(b)(i) NAICS Code: 541690 - Other Scientific and Technical Consulting Services SBA Business Size: $16.5M Basis for Award: Technically Acceptable at a Fair and Reasonable Price NCIS POC: Kristin Gomez, kristin.gomez@ncis.navy.mil, 571-305-9335

Please submit the RFQ response via email to the Contract Specialists named above. Quote should be complete with company name, address, POC and email, CAGE Code, DUNS number, TIN number and phone and fax number, and pricing for each CLIN listed in the Schedule of Supplies/Services.

If Offeror fails to furnish required representation or technical information as required by Federal Acquisition Regulation provisions 52.212-1, Instructions to Quoter or reject the terms and conditions of this solicitation, shall be excluded from consideration. Offeror that fail to furnish required representation or technical information as required by Federal Acquisition Regulation provisions 52.212-1, Instructions to Quoter or reject the terms and conditions of this solicitation shall be excluded from consideration.

52.212-2 ADDENDUM: EVALUATION – COMMERCIAL ITEMS

The award basis will be based on the quote being determined Technically Acceptable with a Fair and Reasonable Price. The Government intends to award a single fixed-price purchase order to satisfy this requirement. The Government reserves the right to award no agreement at all, depending on the quality of offers submitted.

The Government intends to evaluate the quote and award without discussions with the vendor. The vendor should expect requests for clarification or additional information from the Government, as needed. Award will be based on the initial evaluation of the quote received in response to the solicitation. Therefore, the quoter is cautioned that their initial quote should contain their best terms from a technical and price standpoint. However, the Government reserves the right to conduct discussions with the vendor if later determined by the Contracting Officer to be necessary. The Government may reject the quote if such action is in the public interest; and may waive informalities and minor irregularities in the quote received.

TECHNICAL. To ensure technical compliance, the Government will evaluate the quote as follows:

a. The quoter must clearly demonstrate that the quoted solution meets the solicitation requirements. The quote shall provide a detailed technical approach that demonstrates the proposed services meet the solicitation requirements within the Performance Work Statement (PWS). A mere statement that the quoter will meet the Government’s requirement is NOT sufficient.

b. The quoter must clearly state whether they can meet the required performance timeframe. If the vendor cannot meet the required performance timeframe, they will not be considered acceptable.

c. The quoter must discuss previous past performance of providing a similar solution for other Government or non-Government entities, preferably those related to law enforcement, and within the past 5 years. The Government may use information such as Contractor Performance Assessment Reporting System (CPARS), DoD PPIRS and the FAPIIS data available from Government sources to evaluate a Quoter's past performance.

The following ratings/definitions will be utilized for Technical Compliance:

PRICE. The price quote should avoid ambiguities of inclusion, exclusion, or content.

The Government will evaluate Quoter’s quoted price, but this factor will not be given an adjectival rating. The quote will be evaluated on completeness, accuracy, and reasonableness. Evaluation of the quoted price for the supplies/services will be based on a comparison to the Independent Government Estimate (IGE) along with any other relevant price analysis techniques deemed appropriate.

Reasonableness. For the price to be reasonable in its nature and amount, it should not exceed that which would be incurred by a prudent person in the conduct of a competitive business.

Reasonableness takes into account the context of a given evaluation, including current market conditions, general economic conditions, and other factors that affect the ability of a Quoter to perform the contract requirements. Normally, adequate price competition establishes a fair and reasonable price.

Completeness and Accuracy. The Government will review the pricing for completeness and accuracy. A determination will be made as to whether the Quoter properly completed the pricing within the provided Part List attachment to this solicitation. The Quoter’s quote will be checked for mathematical correctness to include the following:

1) Checking arithmetic in all computations; and

2) Ensuring all prices are summarized correctly.

(End of provision)

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY 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 any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

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

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

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

(d) Representations. The Offeror represents that--

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

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

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

(e) Disclosures.

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)

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

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

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

Covered telecommunications equipment or services means--

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

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

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

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

Critical technology means--

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

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

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

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

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

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

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

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

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

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

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

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

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

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

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

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

(d) Reporting requirement.

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

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

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

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

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

(End of clause)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (FEB 2021)

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

(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.

“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.

“Reasonable inquiry” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

“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…