HC108422R0006_PCSSP Solicitation.pdf

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AMD 0006 - Processor Capacity Services System P (PCSSP)
Solicitation number
HC108422R0006
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This solicitation notice announces a Request for Proposal for the Defense Information Systems Agency's Processor Capacity Services System P procurement. DISA seeks a contractor to provide hardware, software, equipment including cabinets and power distribution, and hardware maintenance on an as-needed basis to deliver a reliable, responsive, secure, and cost-effective processor infrastructure service. The solution should provide a dynamically scalable processor capability using an on-demand approach priced on a utility basis. The contract will be a firm fixed price ID/IQ contract with a five-year base period and five one-year options to be awarded using best value tradeoff procedures. Questions are due by June 1st and proposals by June 22nd. The incumbent is HC102818D0044. Exhibits and appendices include a price model, quality assurance plan, security documents, and instructions to offerors.

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Other files

File Type Posted
Amend 0006 Exhibit B-1 - PCSSP Evaluation Price Model.xlsx XLSX spreadsheet
Attachment L-1 Question and Answer dtd July 25 2022.xlsx XLSX spreadsheet
Amend 0006 Section L - Instructions Conditions and Notices to Offerors.docx DOCX document
Amend 0006 Section M - Evaluation Factors for Award.docx DOCX document
Amend 0006 - PCSSP RFP HC108422R0006.pdf PDF
Amend 0005 - PCSSP RFP HC108422R0006.pdf PDF
Amend 0004 - PCSSP RFP HC108422R0006.pdf PDF
Amend 0003 - PCSSP RFP HC108422R0006.pdf PDF
Attachment J-4 Consolidated Electronic Product Listing.xls XLS spreadsheet
Attachment J-3 Non-Disclosure Agreement Contractor.docx DOCX document
Amend 0002 Section M - Evaluation Factors for Award.docx DOCX document
Amend 0002 - PCSSP RFP HC108422R0006.pdf PDF
Amend 0002 Attachment L-1 Question and Answer dtd June 28 2022.xlsx XLSX spreadsheet
Amend 0002 Exhibit B-1 - PCSSP Evaluation Price Model_.xlsx XLSX spreadsheet
Amend 0002 Section L - Instructions Conditions and Notices to Offerors_.docx DOCX document
Amend 0001 - PCSSP RFP HC108422R0006.pdf PDF
Attachment L-1 Question and Answer.xlsx XLSX spreadsheet
L-2 Participation Plan.docx DOCX document
Attachment J-2 - DD Form 254.pdf PDF
L-3 Subcontracting Plan Checklist.docx DOCX document
Exhibit B-1 - PCSSP Evaluation Price Model.xlsx XLSX spreadsheet
Section M - Evaluation Factors for Award.docx DOCX document
Section L - Instructions Conditions and Notices to Offerors.docx DOCX document
Attachment J-1 - QASP.docx DOCX document
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SEE ADDENDUM

(No Collect Calls)

HC108422R0006 17-May-2022

b. TELEPHONE NUMBER

618-418-6450

8. OFFER DUE DATE/LOCAL TIME

10:00 AM 22 Jun 2022

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

HC10849. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

MALLORY A. MOSS

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

HC110422MPC0068

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

DISA/DITCO-SCOTT-PL84

2300 EAST DRIVE

SCOTT AFB IL 62225

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS AX 13b. RATING

DO-A7

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$30,000,000

NAICS:

541519

OFFER DATED

29. AWARD OF CONTRACT: REF.

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Years System P Chipset - Base Period 1

FFP

Processor Capacity Services System P Base Period - Year 1 of 5 - System P Chipset Performance shall be in accordance with Exhibit B-1, PCSSP Evaluation Price Model and the Performance Work Statement (PWS).

FOB: Destination

PURCHASE REQUEST NUMBER: HC110422MPC0068

PSC CD: DA01

NET AMT

0002 1 Years System P Chipset - Base Period 2

FFP

Processor Capacity Services System P Base Period - Year 2 of 5 - System P Chipset Performance shall be in accordance with Exhibit B-1, PCSSP Evaluation Price Model and the Performance Work Statement (PWS).

FOB: Destination

0003 1 Years System P Chipset - Base Period 3

FFP

Processor Capacity Services System P Base Period - Year 3 of 5 - System P Chipset

0004 1 Years System P Chipset - Base Period 4

FFP

Processor Capacity Services System P Base Period - Year 4 of 5 - System P Chipset

0005 1 Years System P Chipset - Base Period 5

FFP

Processor Capacity Services System P Base Period - Year 5 of 5 - System P Chipset

1001 1 Years OPTION System P Chipset - Option Period 1

FFP

Processor Capacity Services System P Option Period - Year 1 of 5 - System P Chipset

2001 1 Years OPTION System P Chipset - Option Period 2

FFP

Processor Capacity Services System P Option Period - Year 2 of 5 - System P Chipset

3001 1 Years OPTION System P Chipset - Option Period 3

FFP

Processor Capacity Services System P Option Period - Year 3 of 5 - System P Chipset

4001 1 Years OPTION System P Chipset - Option Period 4

FFP

Processor Capacity Services System P Option Period - Year 4 of 5 - System P Chipset

5001 1 Years OPTION System P Chipset - Option Period 5

FFP

Processor Capacity Services System P Option Period - Year 5 of 5 - System P Chipset Performance shall be in accordance with Exhibit B-1, PCSSP Evaluation Price Model and the Performance Work Statement (PWS).

MINIMUM/MAXIMUM

The minimum contract amount for a single award will be $275,000.00 for the entire five-year base period. The maximum contract ceiling amount is $36,112,325.66 over the five-year base period and five one-year options. There shall be no minimum guarantee for any option years.

Stated Minimum - $275,000.00 Stated Maximum - $36,112,325.66

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A N/A Government 0002 N/A N/A N/A Government 0003 N/A N/A N/A Government 0004 N/A N/A N/A Government 0005 N/A N/A N/A Government 1001 N/A N/A N/A Government 2001 N/A N/A N/A Government 3001 N/A N/A N/A Government 4001 N/A N/A N/A Government 5001 N/A N/A N/A Government

CLAUSES INCORPORATED BY REFERENCE

52.246-4 Inspection Of Services--Fixed Price AUG 1996 52.246-16 Responsibility For Supplies APR 1984

Section F - Deliveries or Performance

DPAS RATING INFORMATION

DPAS Rating Information - Processor Capacity Services System P (PCSSP)

A) Justification (Based on the Proclamation on Declaring a National Emergency Concerning the Novel Coronavirus Disease (COVID-19) Outbreak, issued on March 13, 2020 by the President of the United States, the subject PCSSP contract is hereby rated under the Defense Priorities and Allocations System: DO A7, (Electronic and Communications Equipment));

B) Priority Rating: DO-A7;

C) Required Delivery Date; To Be Established On Individual Delivery Orders.

D) Manual or Electronic Signature.

The Contracting Officer (KO) will issue a DO rated order to the contractor via email;

The contractor must accept or reject the DO rated order within 2 days from the date the KO transmitted the order.

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 N/A N/A N/A N/A

0002 N/A N/A N/A N/A

0003 N/A N/A N/A N/A

0004 N/A N/A N/A N/A

0005 N/A N/A N/A N/A

1001 N/A N/A N/A N/A

2001 N/A N/A N/A N/A

3001 N/A N/A N/A N/A

4001 N/A N/A N/A N/A

5001 N/A N/A N/A N/A

52.211-14 Notice Of Priority Rating For National Defense, Emergency Preparedness, and Energy Program Use

APR 2008

52.242-15 Stop-Work Order AUG 1989 52.242-17 Government Delay Of Work APR 1984 52.247-34 F.O.B. Destination NOV 1991

CLAUSES INCORPORATED BY FULL TEXT

52.211-15 DEFENSE PRIORITY AND ALLOCATION REQUIREMENTS (APR 2008)

This is a rated order certified for national defense, emergency preparedness, and energy program use, and the Contractor shall follow all the requirements of the Defense Priorities and Allocations System regulation (15 CFR 700).

(End of clause)

Section G - Contract Administration Data

252.204-7002 Payment For Contract Line or Subline Items Not Separately

Priced

APR 2020

252.204-7006 Billing Instructions OCT 2005

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

(a) Definitions. As used in this clause—

“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.

“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.

“Payment request” and “receiving report” are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232- 7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall—

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

https://www.sam.gov/ https://wawf.eb.mil/ https://wawf.eb.mil/

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items—

For Firm Fixed Price (FFP) Contracts - If billing for Materials Only or a combination of Materials and Services, select “Invoice and Receiving Report (Combo)”.

For Firm Fixed Price (FFP) Contracts - If billing for Services Only, select “2-n-1 (Services Only)”.

For Cost Type Contracts - (Cost-Reimbursement, Time-and-Materials, and Labor Hour- Contracts,) - select “Cost Voucher”.

(**Interim Cost Vouchers are to be sent to DCAA for verifying claimed costs and approving interim payment requests, therefore a DCAA DoDAAC is required. A letter of “DCAA Approval for Direct Invoice Submittal” is required to be attached to all Direct-Bill Cost Vouchers.**)

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial item financing, submit a commercial item financing request.

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

[Note: The Contractor may use a WAWF “combo” document type to create some combinations of invoice and receiving report in one step.]

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC HQ0810 Issue By DoDAAC HC1084 Admin DoDAAC** HC1084 Inspect By DoDAAC (Will be provided on final award document) Ship To Code (Will be provided on final award document) Ship From Code N/A Mark For Code N/A Service Approver (DoDAAC) (Will be provided on final award document) Service Acceptor (DoDAAC) (Will be provided on final award document) Accept at Other DoDAAC N/A LPO DoDAAC N/A

DCAA Auditor DoDAAC N/A Other DoDAAC(s) N/A

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

(g) WAWF point of contact.

Primary Acceptor: (Will be provided on final award document)

Alternate Acceptor: (Will be provided on final award document)

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact. N/A

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

G1 POINTS OF CONTACT (OCT 2021)

Communications with the Contractor will be conducted with the identified Point(s) of Contact (POC). Should a change in POC be required, the Contractor shall initiate this request through notification to the Contracting Officer.

Contracting Officer Name: Lori M. Dall Organization/Office Symbol: DISA/DITCO/PL8411 Phone No.: (618) 418-6487 E-Mail Address: lori.m.dall.civ@mail.mil

Contract Specialist Name: Mallory A. Moss Organization/Office Symbol: DISA/DITCO/PL8411 Phone No.: (618) 418-6450 E-Mail Address: mallory.a.moss.civ@mail.mil

COR/Mission Partner Point of Contact (Note: To be filled in upon contract award) Name:

Organization/Office Symbol:

Phone No.:

E-Mail Address:

Contractor Point of Contact

Contractor Legal Business Name:

DUNS:

CAGE CODE:

Contractor POC:

E-Mail Address:

Phone Number:

Fax Number:

(End of text)

G2 LINE ITEM AND CONTRACT/ORDER CLOSEOUT (OCT 2021)

Dormant and/or excess funds consist of funds that are primarily in “expired” or “cancelled” status. Expired funds are no longer available for new obligations, but are available for upward adjustments and payments on prior obligations to include payments on contractor invoices. Cancelled funds are no longer available for upward adjustments to obligations or to pay contractor invoices.

Timely contract closeout of the entire contract/order and of completed individual contract line item number(s) (CLIN) and/or sub line item number(s) (SLIN) is a priority under this contract/order. As such, the Contractor shall submit a final invoice no later than ninety (90) calendar days after the expiration of this contract/order and/or at the expiration of any individual CLIN(s)/SLIN(s) that expire before the final expiration of the contract/order (i.e., end item(s) was scheduled to be delivered or the period of performance (base or option year) was completed), unless the Contractor requests and is granted a written extension by the Contracting Officer. In addition, and concurrent with the submission of the final invoice for a specific CLIN/SLIN or for the contract/order in its entirety, the Contractor shall notify the Contracting Officer of the amount of excess funds that can be deobligated from the CLIN/SLIN or contract/order so the deobligation of any excess funds can be completed as soon as possible.

After ninety (90) days from expiration of a CLIN/SLIN, end item delivery, or contract/order in its entirety, unless an extension had been requested and granted by the Contracting Officer in writing, a bilateral contract/order modification to deobligate excess funds and/or closeout the contract/order in its entirety will be forwarded to the Contractor by the Contracting Officer. The modification must be signed and returned to the Contracting Officer within thirty (30) calendar days of receipt . A Contractor’s failure to respond and/or sign the bilateral modification within thirty (30) calendar days of receipt will constitute approval of the terms of the modification and the modification will subsequently be processed unilaterally by the Contracting Officer to deobligate excess funds and/or closeout the contract/order.

For cost reimbursement CLINs/SLINs, contracting officers will use FAR 42.708, Quick-closeout procedures to the maximum extent possible after the contract/order is physically complete. Should the contract/order require audit/review (e.g., audits conducted by the Defense Contract Audit Agency), excess funds/balances from CLIN(s)/SLIN(s) that are not required to satisfy potential adjustments as a result of the review/audit will be removed from the CLIN(s)/SLIN(s) through a bilateral modification. The modification will be forwarded by the Contracting Officer and must be signed by the Contractor and returned within thirty (30) calendar days of receipt. A Contractor’s failure to respond within thirty (30) calendar days of receipt will constitute approval of the terms of the modification and the modification will subsequently be processed unilaterally by the Contracting Officer to remove the excess funds/balances on the associated CLINs/SLINs. If the Contractor disagrees with amount for deobligation they will notify the Contracting Officer promptly with the proposed amount and rationale for deobligation.

Communications with the Contractor will be conducted with the identified Point(s) of Contact (POC) identified in G1 of this contract/order. Should a change in POC be required, the Contractor shall immediately notify the Contracting Officer.

(End of Text)

Section H - Special Contract Requirements

252.232-7007 LIMITATION OF GOVERNMENT'S OBLIGATION (APR 2014)

(a) Contract line item(s) is/are incrementally funded. For this/these item(s), the sum of $--- (Clause to be included and filled in on individual task orders) of the total price is presently available for payment and allotted to this contract. An allotment schedule is set forth in paragraph (j) of this clause.

(b) For items(s) identified in paragraph (a) of this clause, the Contractor agrees to perform up to the point at which the total amount payable by the Government, including reimbursement in the event of termination of those item(s) for the Government's convenience, approximates the total amount currently allotted to the contract. The Contractor is not authorized to continue work on those item(s) beyond that point. The Government will not be obligated in any event to reimburse the Contractor in excess of the amount allotted to the contract for those item(s) regardless of anything to the contrary in the clause entitled "TERMINATION FOR THE CONVENIENCE OF THE GOVERNMENT." As used in this clause, the total amount payable by the Government in the event of termination of applicable contract line item(s) for convenience includes costs, profit and estimated termination settlement costs for those item(s).

(c) Notwithstanding the dates specified in the allotment schedule in paragraph (j) of this clause, the Contractor will notify the Contracting Officer in writing at least ninety days prior to the date when, in the Contractor's best judgment, the work will reach the point at which the total amount payable by the Government, including any cost for termination for convenience, will approximate 85 percent of the total amount then allotted to the contract for performance of the applicable item(s). The notification will state (1) the estimated date when that point will be reached and (2) an estimate of additional funding, if any, needed to continue performance of applicable line items up to the next scheduled date for allotment of funds identified in paragraph (j) of this clause, or to a mutually agreed upon substitute date. The notification will also advise the Contracting Officer of the estimated amount of additional funds that will be required for the timely performance of the item(s) funded pursuant to this clause, for subsequent period as may be specified in the allotment schedule in paragraph (j) of this clause, or otherwise agreed to by the parties. If after such notification additional funds are not allotted by the date identified in the Contractor's notification, or by an agreed substitute date, the Contracting Officer will terminate any item(s) for which additional funds have not been allotted, pursuant to the clause of this contract entitled "TERMINATION FOR THE

CONVENIENCE OF THE GOVERNMENT".

(d) When additional funds are allotted for continued performance of the contract line item(s) identified in paragraph

(a) of this clause, the parties will agree as to the period of contract performance which will be covered by the funds.

The provisions of paragraph (b) through (d) of this clause will apply in like manner to the additional allotted funds and agreed substitute date, and the contract will be modified accordingly.

(e) If, solely by reason of failure of the Government to allot additional funds, by the dates indicated below, in amounts sufficient for timely performance of the contract line item(s) identified in paragraph (a) of this clause, the Contractor incurs additional costs or is delayed in the performance of the work under this contract and if additional funds are allotted, an equitable adjustment will be made in the price or prices (including appropriate target, billing, and ceiling prices where applicable) of the item(s), or in the time of delivery, or both. Failure to agree to any such equitable adjustment hereunder will be a dispute concerning a question of fact within the meaning of the clause entitled "disputes."

(f) The Government may at any time prior to termination allot additional funds for the performance of the contract line item(s) identified in paragraph (a) of this clause.

(g) The termination provisions of this clause do not limit the rights of the Government under the clause entitled "DEFAULT." The provisions of this clause are limited to work and allotment of funds for the contract line item(s) set forth in paragraph (a) of this clause. This clause no longer applies once the contract is fully funded except with regard to the rights or obligations of the parties concerning equitable adjustments negotiated under paragraphs (d) or

(e) of this clause.

(h) Nothing in this clause affects the right of the Government to this contract pursuant to the clause of this contract entitled "TERMINATION FOR CONVENIENCE OF THE GOVERNMENT."

(i) Nothing in this clause shall be construed as authorization of voluntary services whose acceptance is otherwise prohibited under 31 U.S.C. 1342.

(j) The parties contemplate that the Government will allot funds to this contract in accordance with the following schedule:

On execution of contract $-- (Clause to be included and filled in on individual task orders)

H1 ORGANIZATIONAL AND CONSULTANT CONFLICTS OF INTEREST (OCCI) (JAN 2020)

If the contractor or a subcontractor breaches any of the OCCI restrictions of the contract, to include any OCCI mitigation plan submitted with its offer, or does not disclose or misrepresents any relevant facts concerning its conflict of interest, the government may take appropriate action, including terminating the contract, in additional to any remedies that may be otherwise permitted by the contract or operation of law.

H2 REQUIREMENT TO SUBMIT AN ELECTRONIC PRODUCT LIST (OCT 2021)

The contractor shall submit the following in addition to complying with all requirements of DFARS 252.211-7003, Item Identification and Valuation:

(a) Complete the Electronic Product List (EPL) attached to this contract for all products delivered under this contract. If a copy of the EPL has not been provided with the contract document, the EPL should be obtained from the Contracting Officer. A separate EPL shall be submitted each time products are delivered under this contract, including when products are replaced through a warranty or service support agreement.

(b) The EPL shall be delivered electronically for review and approval to the Acceptor. The Acceptor is the Customer/COR/TM Point of Contact identified in the DITCO additional text titled: Points of Contact, if method of payment is via the government purchase card, or the WAWF point of contact identified in the clause at DFARS 252.232-7006, Wide Area Work Flow Payment Instructions for contracts processed through WAWF. A copy of the EPL shall also be submitted to the DISA Workforce Services and Development Directorate (WSD) at the following email address: disa.meade.mps.list.mps31-warehouse-branch-cam-l@mail.mil

(c) The contractor shall submit the EPL to the Acceptor and WSD in advance of or concurrently with delivery of products. The Acceptor will not accept products delivered under this contract until the EPL is approved.

(d) If the EPL is delivered in advance of the products, the Acceptor will notify the contractor via email if the list is approved or disapproved. If the EPL is delivered concurrently with the products, acceptance of the products delivered via WAWF will also serve as approval of the EPL.

mailto:disa.meade.mps.list.mps31-warehouse-branch-cam-l@mail.mil

H5 USE OF GOVERNMENT-FURNISHED COMPUTERS (MAR 2019)

a. Computers furnished under this contract shall be used for official business only. Contractor personnel shall not use computers furnished under this contract for any use other than to perform the requirements of this contract.

Contractor personnel shall not install any software on Government furnished computers unless consent is obtained from the KO or Contracting Officer's Representative (COR).

b. Information services available on the Government furnished computers shall only be used for official business only. Examples of information services include DISA network (DISANet), Internet, Intranet, World Wide Web, and electronic mail.

c. Access to Government information services is granted as a privilege, and use of such services constitutes consent to monitoring. Information services use will be monitored to ensure the protection of DISA networks and information and to verify and enforce compliance with this contractual requirement.

d. In the event contractor personnel use Government furnished computers and/or information services for other than official business, the Contractor shall be required to provide the Government with monetary consideration in the form of credits against the contract as determined by the KO. In addition, if requested by the KO, the Contractor shall be required to replace the individual who misused the Government furnished computers and/or information services within 10 working days.

e. The following are examples of misuse of information services:

(1) Illegal, fraudulent, or malicious activities.

(2) Partisan political activity, political or religious lobbying or advocacy, or activities on behalf of organizations having no affiliation with DISA or DoD.

(3) Activities whose purposes are for personal or commercial financial gain. These activities may include chain letters, solicitation of business or services, sales of personal property.

(4) Unauthorized fundraising or similar activities, whether for commercial, personal, or charitable purposes.

(5) Accessing, storing, processing, displaying or distributing offensive or obscene material such as pornography and hate literature.

(6) Annoying or harassing another person, e.g., by sending or displaying uninvited e-mail of a personal nature or by using lewd or offensive language in an e-mail message.

(7) Using another person's account or identity without his or her explicit permission, e.g., by forging e-mail.

(8) Viewing, damaging, or deleting files or communications belonging to others without appropriate authorization or permission.

(9) Permitting any unauthorized person to access a DISA or DoD-owned system.

(10) Modifying or altering the operating systems or system configuration (including the installation of software) without obtaining written authorization from the KO or COR.

H8 DEFENSE INFORMATION SYSTEMS AGENCY INCIDENTAL PROPERTY MANAGEMENT (APR

2021)

Pursuant to FAR Subsection 45.000(b)(5), Incidental Property (IP) is government property that is used by contractor personnel in performance of a contract when the property remains at a Defense Information Systems Agency (DISA) owned or leased facility, and the property remains accountable to the Government. Some examples include, office furniture, telephones, tooling, computers and mobile devices.

Contractor personnel shall adhere to DISA Instruction 270-165-8, Accountability and Internal Controls for DISA Equipment, dated February 04, 2014, and subsequent updates. Temporary short term removal of IP for contingency, temporary duty (TDY), or other short term needs, requires a valid property pass and authorization of the Contracting Officer or the Contracting Officer’s Representative (COR). Long term removal of IP from a DISA owned or leased facility is not permitted; the IP must be converted to and managed by the contractor as Government Furnished Property (GFP) pursuant to FAR Part 45 and corresponding GFP clauses.

The contractor shall manage individual hand receipted IP; to include, safeguarding, tracking, assisting personnel in conducting inventory to locate property, and reporting to the COR along with the Property Custodian or Accountable Property Officer any loss or damage of the property, as well as changes in contractor personnel and location updates. Contractor personnel shall adhere to DISA Memorandum, Transporting and Storing DISA Laptops and Mobility Devices, dated 6 December 2018, and subsequent updates, to remove GFP (e.g., laptops, mobility devices) from DISA facilities. The Contractor is responsible to turn in IP when no longer needed, when personnel changes occur, and at the end of the period of performance of the contract/order.

The contractor’s liability of loss for IP shall be the same as GFP loss, IAW paragraph h of FAR clause 52.245-1, Government Property, or alternate as listed in the contract. In the absence of the clause, the below text is applicable to IP (adapted from GFP clauses):

For all cost-reimbursement and time-and-material type, fixed-price (FP) contracts awarded on the basis of submission of certified cost certified cost and pricing data, or FP contracts awarded on a basis other than submission of certified cost or pricing data:

Contractor Liability for Government Property.

(1) Unless otherwise provided for in the contract, the Contractor shall not be liable for loss of Government property furnished or acquired under this contract, except when any one of the following applies-

(i) The risk is covered by insurance or the Contractor is otherwise reimbursed (to the extent of such insurance or reimbursement). The allowability of insurance costs shall be determined in accordance with 31.205-19.

(ii) Loss of Government property that is the result of willful misconduct or lack of good faith on the part of the Contractor’s managerial personnel.

(iii) The Contracting Officer has, in writing, revoked the Government’s assumption of risk for loss of Government property due to a determination under paragraph (g) of this clause that the Contractor’s property management practices are inadequate, and/or present an undue risk to the Government, and the Contractor failed to take timely corrective action. If the Contractor can establish by clear and convincing evidence that the loss of Government property occurred while the Contractor had adequate property management practices or the loss did not result from the Contractor’s failure to maintain adequate property management practices, the Contractor shall not be held liable.

For all other actions Alternate 1:

Alternate 1:

Contractor Liability for Government Property.

The Contractor assumes the risk of, and shall be responsible for, any loss of Government property upon its delivery to the Contractor as Government-furnished property. However, the Contractor is not responsible for reasonable wear and tear to Government property or for Government property properly consumed in performing this contract.

H9 GOVERNMENT FURNISHED PROPERTY CONTRACTOR MANAGEMENT (OCT 2021)

(a) Definitions.

Transferred property. Tangible items shipped from one contractor’s location to a different contractor’s location for a follow-on contract without inspection.

Transitioned property. Direct-issued items such as laptops, cell phones, tablets which are not transferred. These items are transitioned by being turned over to a Contracting Officer’s Representative (COR) or property custodian on the last day of the contact for inspection, and any necessary provisioning/equipment refresh prior to being provided to a subsequent contractor.

(b) In accordance with (IAW) Federal Acquisition Regulation (FAR) 52.245-1, for any issued Government Furnished Property (GFP) under this contract/order, the contractor shall establish a Property Management Plan to maintain procedures necessary to assess the contractor’s property management system. The contractor shall perform periodic internal reviews, surveillance, self-assessments, and/or audits as a part of this plan. The contractor shall submit the Property Management Plan within 10 business days of contract/order award to the Contracting Officer’s Representative (COR) and Property Administrator (PA), if assigned, for review. The COR or PA (if assigned) will review the contractor’s Property Management Plan and notify the contractor of any deficiencies within 10 business days of receipt, or as soon as practical if additional time to complete the review is required. A contractor in possession of GFP shall provide the COR and PA (if assigned) a report of all Government Property (GFP and/or contractor acquired property titled to the Government) to include the item description, make, model, serial number, Item Unique Identification (IUID), and last inventory date; the report should be minimally provided on an annual basis and 30 days prior to the expiration of any performance period (base and options).

In addition, the contractor shall designate a Contractor Property Manager (CPM) Point of Contact (POC) for any contract action that includes GFP and shall provide the POC name, phone number, and email address to the COR and PA (if assigned) within one business day of award. The CPM is responsible for processing GFP transactions in the GFP module located in the Procurement Integrated Enterprise Environment (PIEE) within 4 business days of any GFP action. The CPM shall perform acceptance of any new GFP items and process a return shipment for any previously accepted GFP that will be returned to the Government. Other reportable actions include personnel changes, increases and decreases in issued GFP quantity, and all break fix/non-functioning property actions where GFP is exchanged. The CPM shall ensure all GFP is reported IAW Defense Federal Acquisition Regulation Supplement (DFARS) clause 252.211-7007 (and/or any subsequent DFARS or Agency GFP reporting requirements) and shall ensure all issued GFP items adhere to the DISA GFP Pass instructions. Any changes in contractor personnel shall be coordinated with the COR and PA (if assigned) for return and issuance of GFP items and shall follow Agency location specific instructions posted on https://disa.deps.mil/ext/resource/disa_publications_issuances/Pages/GFP_Local_Instructions.aspx. All contractor owned property that is coordinated for authorization by the COR to be brought to a DISA location shall be clearly marked with the name of company or like marking indicating the ownership of the property.

For all break fix/non-functioning property actions when an item previously accepted in the GFP module is exchanged, contractor personnel shall notify their CPM. The CPM shall notify the COR, PA (if assigned), and the Authorized Government Receiver (AGR) by email once the return shipment and acceptance has been initiated or completed in the GFP module. Agency location specific break fix/non-functioning property instructions and AGRs are posted here: https://disa.deps.mil/ext/resource/disa_publications_issuances/Pages/GFP_Local_Instructions.aspx.

On or prior to the last day of contract performance, the contractor shall turn-in all Transitioned GFP in accordance with Agency location specific instructions posted on https://disa.deps.mil/ext/resource/disa_publications_issuances/Pages/GFP_Local_Instructions.aspx. The CPM shall initiate a return shipment action in the GFP module in PIEE, and notify the AGR via email. Any Transferred GFP that requires tangible shipment without inspection by the Government to the next contract, shall also have a return shipment action initiated by the CPM in the GFP module on or prior to the last day of performance. As part of contract closeout procedures, the contractor shall notify the COR and PA once all GFP items have been turn into the Government and a GFP return shipment has been processed in the GFP module.

https://disa.deps.mil/ext/resource/disa_publications_issuances/Pages/GFP_Local_Instructions.aspx https://disa.deps.mil/ext/resource/disa_publications_issuances/Pages/GFP_Local_Instructions.aspx https://disa.deps.mil/ext/resource/disa_publications_issuances/Pages/GFP_Local_Instructions.aspx

Section I - Contract Clauses

52.203-3 Gratuities APR 1984 52.203-6 Alt I Restrictions On Subcontractor Sales To The Government

(JUN 2020) -- Alternate I

DEC 2021

52.203-12 Limitation On Payments To Influence Certain Federal Transactions

JUN 2020

52.203-13 Contractor Code of Business Ethics and Conduct DEC 2021 52.203-17 Contractor Employee Whistleblower Rights and Requirement

To Inform Employees of Whistleblower Rights

JUN 2020

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

JAN 2017

52.204-2 Security Requirements MAR 2021 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber

Content Paper

MAY 2011

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018 52.204-21 Basic Safeguarding of Covered Contractor Information

Systems

DEC 2021

52.204-22 Alternative Line Item Proposal JAN 2017 52.204-26 Covered Telecommunications Equipment or Services--

Representation.

OCT 2020

52.207-3 Right of First Refusal of Employment MAY 2006 52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for Debarment

DEC 2021

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

OCT 2018

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.212-3 Alt I Offeror Representations and Certifications--Commercial Products and Commercial Services (NOV 2021) Alternate I

OCT 2014

52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services

DEC 2021

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Products and Commercial Services

JAN 2022

52.215-2 Audit and Records--Negotiation JUN 2020 52.215-5 Facsimile Proposals OCT 1997 52.215-8 Order of Precedence--Uniform Contract Format OCT 1997 52.219-4 Notice of Price Evaluation Preference for HUBZone Small

Business Concerns

SEP 2021

52.219-8 Utilization of Small Business Concerns OCT 2018 52.219-9 Small Business Subcontracting Plan DEC 2021 52.219-16 Liquidated Damages-Subcontracting Plan SEP 2021 52.222-3 Convict Labor JUN 2003 52.222-19 Child Labor -- Cooperation with Authorities and Remedies JAN 2022 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-22 Previous Contracts And Compliance Reports FEB 1999 52.222-25 Affirmative Action Compliance APR 1984 52.222-26 Equal Opportunity SEP 2016

52.222-29 Notification Of Visa Denial APR 2015 52.222-35 Equal Opportunity for Veterans JUN 2020 52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020 52.222-37 Employment Reports on Veterans JUN 2020 52.222-40 Notification of Employee Rights Under the National Labor

Relations Act

DEC 2010

52.222-50 Combating Trafficking in Persons DEC 2021 52.222-54 Employment Eligibility Verification DEC 2021 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-15 Energy Efficiency in Energy-Consuming Products MAY 2020 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

JUN 2020

52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals -- Representation.

DEC 2016

52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.227-1 Authorization and Consent JUN 2020 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.229-3 Federal, State And Local Taxes FEB 2013 52.229-11 Tax on Certain Foreign Procurements--Notice and

Representation

JUN 2020

52.232-1 Payments APR 1984 52.232-8 Discounts For Prompt Payment FEB 2002 52.232-17 Interest MAY 2014 52.232-18 Availability Of Funds APR 1984 52.232-23 Assignment Of Claims MAY 2014 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.232-37 Multiple Payment Arrangements MAY 1999 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2021

52.233-1 Alt I Disputes (May 2014) - Alternate I DEC 1991 52.237-3 Continuity Of Services JAN 1991 52.239-1 Privacy or Security Safeguards AUG 1996 52.242-5 Payments to Small Business Subcontractors JAN 2017 52.242-13 Bankruptcy JUL 1995 52.245-1 Government Property SEP 2021 52.245-9 Use And Charges APR 2012 52.253-1 Computer Generated Forms JAN 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7003 Agency Office of the Inspector General AUG 2019 252.204-7000 Disclosure Of Information OCT 2016 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

DEC 2019

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.204-7023 Alt I Reporting Requirements for Contracted Services (JUL 2021) Alternate I

JUL 2021

252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of Terrorism

MAY 2019

252.211-7003 Item Unique Identification and Valuation MAR 2022 252.211-7007 Reporting of Government-Furnished Property MAR 2022 252.211-7008 Use of Government-Assigned Serial Numbers SEP 2010 252.215-7007 Notice of Intent to Resolicit JUN 2012 252.215-7008 Only One Offer JUL 2019 252.215-7010 Requirements for Certified Cost or Pricing Data and Data

Other Than Certified Cost or Pricing Data

JUL 2019

252.215-7016 Notification to Offerors--Postaward Debriefings MAR 2022 252.219-7000 Advancing Small Business Growth SEP 2016 252.219-7003 Small Business Subcontracting Plan (DOD Contracts) DEC 2019 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.225-7040 Contractor Personnel Supporting U.S. Armed Forces Deployed Outside the United States

OCT 2015

252.225-7043 Antiterrorism/Force Protection Policy for Defense Contractors Outside the United States

JUN 2015

252.225-7048 Export-Controlled Items JUN 2013 252.225-7052 Restriction on the Acquisition of Certain Magnets, Tantalum, and Tungsten.

OCT 2020

252.225-7974 (Dev) Representation Regarding Business Operations with the Maduro Regime (DEVIATION 2020-O0005)

FEB 2020

252.226-7001 Utilization of Indian Organizations and Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns

APR 2019

252.227-7013 Rights in Technical Data--Noncommercial Items FEB 2014 252.227-7028 Technical Data or Computer Software Previously Delivered to the Government

JUN 1995

252.227-7030 Technical Data--Withholding Of Payment MAR 2000 252.227-7037 Validation of Restrictive Markings on Technical Data SEP 2016 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.232-7017 Accelerating Payments to Small Business Subcontractors--

Prohibition on Fees and Consideration

APR 2020

252.233-7001 Choice of Law (Overseas) JUN 1997 252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JUN 2013

252.237-7023 Continuation of Essential Contractor Services OCT 2010 252.237-7024 Notice of Continuation of Essential Contractor Services. OCT 2010 252.239-7000 Protection Against Compromising Emanations OCT 2019 252.239-7001 Information Assurance Contractor Training and Certification JAN 2008 252.239-7009 Representation of Use of Cloud Computing SEP 2015 252.239-7010 Cloud Computing Services OCT 2016 252.239-7017 Notice of Supply Chain Risk FEB 2019 252.239-7018 Supply Chain Risk FEB 2019 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JAN 2021 252.245-7001 Tagging, Labeling, and Marking of Government-Furnished

Property

APR 2012

252.245-7002 Reporting Loss of Government Property JAN 2021 252.245-7003 Contractor Property Management System Administration APR 2012

252.245-7004 (Dev) Reporting, Reutilization, and Disposal (DEVIATION 2022- O0006)

NOV 2021

252.246-7001 Alt II Warranty Of Data (Mar 2014) - Alternate II MAR 2014 252.246-7007 Contractor Counterfeit Electronic Part Detection and

Avoidance System

AUG 2016

252.247-7023 Transportation of Supplies by Sea FEB 2019

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

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 Products and Commercial Services. 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)…

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