HIFR Hose Overhaul RFQ 70Z080-23-Q-21395B00 - For SAM.GOV.docx

This is a combined synopsis/solicitation for commercial items prepared in accordance with Federal Acquisition Regulation (FAR) subpart 12.6 and subpart 13.5 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued. Solicitation number 70Z080-23-Q-21395B00 is issued as a Request for Quotations (RFQ). This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2023-04, effective 6/02/2023.

NORTH AMERICAN INDUSTRY CLASSIFICATION STANDARD CODE:

The applicable North American Industry Classification Standard Code is 336413. The small business size standard is 1,250 employees. This solicitation is used as a 100% Total Small business Set-Aside. All responsible small business sources may submit a quotation, which shall be considered by the agency.

AGENCY INFORMATION:

Christina Ayers Contracting Officer (KO)

(410) 762-6382 Christina.L.Ayers@uscg.mil Florence Harwood Contract Specialist (KS)/ Contract Administrator (410)762-6289 Florence.M.Harwood@uscg.mil Mark Lovingood Contracting Officer’s Representative (COR)

(410) 762-6765 Mark.A.Lovingood2@uscg.mil

The U.S. Coast Guard (USCG) Surface Forces Logistics Center (SFLC) Medium Endurance Cutter Product Line (MECPL) intends to award a firm-fixed-price Requirements contract containing one (1) base year and four (4) one-year options as a result of this synopsis/solicitation. The Contractor shall furnish all necessary labor, material, equipment, supplies, and such other things as are necessary, except as otherwise specified, to inspect, test, and overhaul the Helicopter In-Flight Refueling (HIFR) hose in accordance with this solicitation and the attached specification titled, R-542-0604 HIFR Spec REV A (Attachment 3).

SOLICITATION DOCUMENTS:

Attachment 1: 70Z080-23-Q-21395B00 – Combined Synopsis Attachment 2: Schedule of Services – Blank Price Schedule for fill in Attachment 3: Statement of Work – Specification R-542-0604

REQUIRED SUBMITTALS:

1- All required technical documents, statements and capability information 2- Completed Schedule of Supplies and Services (Attachment 2) 3- Signed Solicitation Amendments (as applicable)

REQUEST FOR DRAWINGS: The last day to request drawings regarding this solicitation is 08/09/2023. After this date, further requests may not be accepted due to time constraints. To request drawings, contact the Contract Specialist. All requests should identify the solicitation number 70Z080-23-Q-21395B00. Some references listed in the Specification, under "Consolidated List of References," are subject to Export Control limitations or have otherwise restricted distribution and have been deemed "limited access" and "export controlled" packages. In order to access these documents, vendors must be certified as a US or Canadian contractor by the Joint Certification Program (JCP) administered by the Defense Logistic Information Service (DLIS). Instructions and procedures for being certified by JCP can be found at https://www.dla.mil/HQ/LogisticsOperations/Services/JCP/. Only those vendors that have current certification by JCP will be able to be granted explicit access to these packages by the USCG.

QUESTIONS: The last day for questions regarding this solicitation is 08/15/2023. Email all questions in one document to the Contract Specialist; Florence.m.harwood@uscg.mil. All questions need to identify the solicitation number 70Z080-23-Q-21395B00 and will be answered either directly or via an amendment to the RFQ.

SUBMISSION OF QUOTES: E-mail quotations shall be sent to the Contract Specialist; Florence.m.harwood@uscg.mil. Please indicate 70Z080-23-Q-21395B00 in the subject line. Contractor must affirm that the pricing provided from the quote shall be valid up to the date of contract award. Quotes are due by 08/23/2023, 4:00 pm, Eastern Standard time (EST).

Anticipated award date is on or about 09/19/2023.

DELIVERY:

In accordance with FAR 52.211-8, Time of Delivery (Jun 1997), the Government requires delivery as stated below:

REQUIRED DELIVERY SCHEDULE

CLIN (Contract Line Item Number)

Inspection, Disassembly, and Overhaul Estimate As Required

As Required Five (5) business days after receipt of HIFR hose

Fifteen (15) business days after receipt of HIFR hose

If delivery times differ for individual line items, please include that information with the submitted quote. If a proposed delivery time is not provided, the required delivery time shall apply. The Government will equally evaluate, with regards to time of delivery, offers that propose delivery schedules of each CLIN within the required delivery period. Offers that propose delivery that will not clearly fall within the required delivery period specified above may be found unacceptable and may be rejected. The Government reserves the right to award under the required delivery schedule or the proposed delivery schedule when an offeror provides an earlier delivery schedule than required above.

CLIN

Inspection, Disassembly, and Overhaul Estimate As Required

As Required ________business days after receipt of HIFR hose

______ business days after receipt of HIFR hose

OFFEROR’S PROPOSED DELIVERY SCHEDULE

**Partial and early deliveries will be accepted.

1. FOB DESTINATION pricing is required.

2. Any written reports, required by the specification, shall be submitted electronically to the Contracting Officer, Contract Specialist/Administrator, and Contracting Officer’s Representative (COR).

3. Preservation, Packaging, and Marking:

Each overhauled/“A” condition HIFR hose shall be individually preserved, packaged, marked and bar coded in accordance with ASTM D3951 and all requirements of the specification. NOTE: Failure to prepare for shipment any item, and/or mark all packages, boxes, etc., as indicated herein may result in REJECTION of the shipment and return of the shipment at the contractor’s expense.

4. Packing List:

All material shipped or delivered to the U.S. Coast Guard Surface Forces Logistics Center under this contract must be accompanied by an itemized packing list that cites the proper contract and delivery order number. Each packing unit shall have a list of all items contained in that unit, and a duplicate list shall be attached to the outside of the package in a waterproof envelope securely attached in a conspicuous place, but so located as to reduce the possibility of loss in shipping and handling.

5. Delivery of Government Furnished Property:

Deliver to: USCG Surface Forces Logistics Center (SFLC) 2401 Hawkins Point Road Receiving, Bldg 88 Baltimore, MD 21226 Hours: 7:00 – 1:00 for local deliveries 7:00 – 4:00 for other than local deliveries

Final acceptance shall be made by a Government representative at Destination. For supplies, acceptance shall be contingent upon verification of no damage in transit, correctness and completeness of the order, and conformance to the individual preservation, packaging, and marking requirements as outlined in ASTM D3951.

6. Quality Assurance (QA) inspection is required and shall be requested at least ten (10) days prior to readiness for inspection. Inspection shall take place at origin by a Government Quality Assurance (QA) representative. Contractor shall notify the Contracting Officer in advanced when services furnished in accordance with this contract are ready for Government inspection.

The following FAR clauses, provisions, and additional addenda apply to this acquisition:

The provision at 52.212-1, Instructions to Offerors-Commercial (MAR 2023), applies to this acquisition and is tailored in its entirety:

(a) Submitting your quote. Submit your company’s quote in writing via email to the contracting officer. You may submit more than one quote. If you do, we will evaluate each separately.

(b) Submission deadline. We must receive your quote at the email address specified elsewhere in the solicitation. We may not consider any quote that we receive after the deadline. In case of an emergency that delays our operations and makes submission or receipt of your quote impossible, we will extend the deadline by one working day.

(c) Terms and content of your quote. Your quote must be based on the terms of this RFQ. We might reject any quote that is not based on these terms in every respect. Your quote must contain all of the information described below.

(d) Small Business Status. In order to submit a quote, you must know whether your company is a small business. The small business size standard that applies to this purchase is stated elsewhere in this solicitation, along with the North American Industry Classification System (NAICS) code on which it is based. Regardless of the information in the solicitation the small business size standard is 500 employees if you are submitting your quote in your own name but intend to provide a product that you did not manufacture yourself.

(e) Contract Award. Your quote should contain your best terms. The Contracting Officer may reject any or all quotes. After the evaluation of quotes, the Contracting Officer may negotiate final terms with one or more quoters of the Government’s choice before awarding the contract. The Contracting Officer will not negotiate with any quoters other than those of the Government’s choice and will not use the formal source selection procedures described in FAR Part 15.

(f) The Contracting Officer may issue a contract to other than the quoter with the lowest price based on the evaluation criteria contained elsewhere in this solicitation.

(g) Information to be submitted. Put the following information on the first page of your quote:

1. the number of this RFQ;

2. your company name, address, UEI number (see below) and telephone number;

3. your price and any discount terms;

4. acknowledgement of any amendments to this RFQ; and

5. a statement that you assent to all terms of this RFQ.

(h) In order to be considered technically capable, your quote must contain the following content:

· Completed SF1449

· All solicitation amendments (if any are issued for this RFQ), must be signed.

· Technical Capability

· The technical requirements to overhaul HIFR Hoses are clearly articulated in Specification R-542-0604 and will be followed for evaluation purposes. You must include a positive statement of your intention to submit a quote for this requirement as a prime contractor.

· The offeror shall submit their standard commercial warranty terms and conditions.

· Offerors shall submit any additional, relevant information to demonstrate their capability to overhaul assets to specification requirements.

· Price

· Contractor shall complete Attachment 2, Schedule of Supplies/Services.

· Estimated totals are provided for the base and all option years as well as the estimated contract total.

· Past Performance

· Provide the required documentation to support past performance.

· Unverifiable information will not be considered in the past performance assessment.

(i) System for Award Management (SAM). Unless exempted by the Contracting Officer, you must register in SAM before we will issue a purchase order to you. If you do not register by the date set by the Contracting Officer, the Contracting Officer might issue the order to a different quoter. Once registered, you must remain registered throughout performance until final payment. Go to https://www.acquisition.gov for information on SAM registration and annual confirmation.

**Review the solicitation carefully as there may be required fill-ins throughout the solicitation**

Provision at FAR 52.212-2 Evaluation of Commercial Items (NOV 2021):

The provision at FAR 52.212-2 is amended. Quotes will be evaluated in accordance with FAR 13.106-2, based on the criteria listed below. The evaluation factors are the mandatory minimum requirement for eligibility for your quote to be evaluated. Failure to comply may lead to rejection of your quote.

Evaluation Criteria The government anticipates selecting the best suited contractor from initial responses, without engaging in exchanges with contractors. Contractors are strongly encouraged to submit their best technical solutions and price in response to this RFQ.

Once the government determines the contractor that is the best-suited (i.e., the apparent successful contractor), the government reserves the right to communicate with only that contractor to address any remaining issues, if necessary, and finalize a contract with that contractor. These issues may include technical and price. If the parties cannot successfully address any remaining issues, as determined pertinent at the sole discretion of the government, the government reserves the right to communicate with the next best-suited contractor based on the original analysis and address any remaining issues.

Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

The Government will select the quote that is most advantageous to the Government based on the following factors:

A. Technical Capability B. Past Performance C. Price

**Technical capability and past performance, when combined, are more important than price.

Technical Capability:

Offerors shall provide detailed information regarding the overhaul process to fully demonstrate their understanding of the requirement. Information can be derived from previous experience for the same or similar work (if similar, offeror must describe how the work is similar to this requirement).

Must include a positive statement of your intention to submit a bid for this requirement as a prime contractor.

Submission must clearly address, in detail, how all technical requirements of the specification will be met.

Past Performance:

Past performance will be evaluated in accordance with FAR 13.106-2(b)(3).

Three (3) CPARS past performance assessments for relevant work performed within the past three (3) years from the solicitation closing date will be used to evaluate a contractor’s past performance (the most recent CPARS assessments will be chosen).

If a contractor does not have any CPARS assessments for relevant work performed within the past three (3) years from the RFQ closing date, the contractor shall identify at least two (2) contracts or delivery/purchase orders for performing this type of requirement (overhauling HIFR hoses) for the USCG, federal, state or local government or private contracts performed during the last three (3) years for work which is the same or similar in scope, complexity, and dollar value. At least two (2) references are requested but more are desirable. Provide the following:

1. Contract/Order Number and Project Location

2. Type and Size of Facility

3. Total Contract/Order Value (Original and Final)

4. Point of Contact Name, Phone Number & E-mail

5. Contract/Order Description, including how many assets were overhauled annually (estimated) and types of assets overhauled

6. Contract/Order Type (Firm Fixed-Price, IDIQ, Requirements, Cost Type)

7. Required Completion Date for the Contract/Order

8. Date the Contract/Order was Actually Completed

If needed, past performance information may also be obtained from the following sources, if available, and needed for evaluation purposes:

· The Contracting Officer’s knowledge of and previous experience with the supply or service being acquired.

· Customer survey and past performance questionnaire replies.

· The Government wide Past performance Information Retrieval System found at CPARS.gov.

· Any other reasonable basis in evaluating contractor past performance.

It is the Offeror’s responsibility to demonstrate relevancy to this requirement. In evaluating a contractor’s past performance, general trends in a contractor’s performance will also be considered. References other than those provided by the offeror may be used by the Government to obtain additional information that will be used in the evaluation of the offeror’s past performance such as Government databases and internal organization resources. Contractors may provide information on problems they encountered during the performance of any contract/order and any corrective action(s) the contractor made with their proposal. In the case of a contractor without a record of relevant past performance or for whom information on past performance is not available, the contractor may not be evaluated favorably or unfavorably on past performance.

Price:

The contractor shall provide pricing as requested in Attachment 2 – Schedule of Supplies and Services 70Z080-23-Q-21395B00. The contractor’s price shall represent the best price in response to the request for quote. The price shall be evaluated to determine fairness and reasonableness. Additional detailed information may be required to determine price reasonableness.

The offeror shall complete Attachment 2, Schedule of Supplies/Services. The unit prices and total price shall be completed for the base year and each option period.

The evaluated price will be ascertained by adding together the cost for each line item to achieve a final price for evaluation purposes. Price evaluation will be performed by the Contracting Officer to determine the reasonableness of each proposed price and to determine the Offeror’s understanding and capability to perform the contract. The Government intends to award without discussions unless the Contracting Officer determines that discussions are necessary. Evaluations of options shall not obligate the Government to exercise the option(s).

FAR 52.212-3 Offeror Representations and Certifications – Commercial Items (DEC 2022) An offeror shall complete only paragraphs (b) of this provision if the offeror has completed the annual representations and certificates electronically via http://www.acquisition.gov . If an offeror has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website, the offeror shall complete only paragraphs (c) through (o) of this provision.

The clause at 52.212-4, Contract Terms and Conditions – Commercial Items (DEC 2022), applies to this acquisition and includes the following addenda:

a) FAR 52.246-2, Inspection of Supplies – Fixed Price (Aug 1996).

b) INVOICING Requirements:

(a) Definitions. As used in these instructions –

(1) “Payment request” means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation. The payment request must comply with the requirements identified in FAR 32.905(b), “Content of Invoices” and the applicable payment clause 52.232-33, included in this contract under FAR 52.212-5. In addition, discount offerings and small business status, if available, shall be stated. If travel was allowable and approved, components in accordance with FAR 31.205-46 shall be provided.

(b) The contractor shall submit payment requests electronically using the Invoice Processing Platform (IPP). The contractor will submit payment requests using the blank form in IPP.

(c) Information regarding IPP, including IPP Customer Support contact information is available at www.ipp.gov or any successor site.

(d) IPP enrollment information is at https:www.uscg.mil/fincen/IPP/.

(e) Invoices shall be processed in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) Circular A-125, Prompt Payment.

IPP Customer support is available assist users of the system and can answer your questions related to accessing IPP or completing the registration process.

Toll Free number 866-973-3131 Email address: IPPcustomersupport@fiscal.treasury.gov Hours of operation: Monday through Friday (excluding bank holidays) from 8:00 am – 6:00 pm EST.

PAYMENT DISCOUNTS - The Government’s normal payment terms are NET 30; however, offerors may propose discounts for prompt payment. NOTE: Failure to submit a complete and accurate invoice to the office listed above may delay payment of invoice(s).

(c) Contracting Officer’s Representative (COR)

a. The Contracting Officer has designated Mr. Mark Lovingood as the primary Contracting Officer’s Representative (COR) for the resulting contract.

b. The COR will act as the Contracting Officer’s representative for technical matters (only), providing technical direction and discussion as necessary with respect to the performance work statement, monitoring the progress and quality of the contrctor performance.

The COR is not a Contracting Officer and does not have authority to take any action, either directly or indirectly, that would change pricing, quantity, quality, place of performance, delivery schedule, personal services, or any other terms and conditions of the contract, or to direct the accomplishment of effort which goes beyond the scope of the performance work statement in the contract.

c. It is emphasized that only a Contracting Officer has the authority to modify the terms of the contract, therefore, in no event will any understanding, agreement, modification, change order, or other matter deviating from the terms of the basic contract between the contractor and any other person effective or binding on the Government. When/if, in the opinion of the contractor, an effort outside the existing scope of the contract is requested, the contractor shall promptly notify the Contracting Officer in writing. No action shall be taken by the contractor (under such direction) unless the Contracting Officer has issued a contractual change or otherwise resolved the issue.

(d) The following full text FAR Clauses:

FAR 52.216-18 Ordering (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the effective date of the Contract through a period of one base year and four option years (if exercised).

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered "issued" when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor's email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract

FAR 52.216-19 Order Limitations (OCT 1995)

(a) Minimum order. When the Government requires supplies covered by this contract in an amount of less than one (1) overhaul or renewal, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of four (4) overhauls and/or renewals

(2) Any order for a combination of items in excess of twenty (20) overhauls/renewals.

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

FAR 52.216-21 Requirements (OCT 1995)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government’s requirements do not result in orders in the quantities described as “estimated” or “maximum” in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided that the Contractor shall not be required to make any deliveries under this contract after completion of the last delivery order that is issued before the expiration of this Contract.

FAR 52.217-8, Option to Extend Services (NOV 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within one (1) calendar day.

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

(a) The Government may extend the term of this contract by written notice to the Contractor within one (1) calendar day prior to the expiration of this Contract; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.

(e) This solicitation may incorporate one or more provisions and clauses by reference with the same force and effect as if they were given in full text. The full text of a provision or clause may be accessed electronically at the following link: http://farsite.hill.af.mil/vffara.htm.

FAR 52.203-3 Gratuities (APR 1984) FAR 52.204-4 Printed or Copied Double-sided on Recycled Paper (MAY 2011) FAR 52.204-7 System for Award Management Registration (OCT 2018) FAR 52.204-13 System for Award Management Maintenance (OCT 2018) FAR 52.204-16 Commercial and Government Entity Code Reporting (AUG 2020) FAR 52.217-5 Evaluation of Options (JUL 1990) FAR 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran – Representation and Certifications (JUN 2020) FAR 52.232-40 Providing Accelerated Payment to Small Business Subcontractors (MAR 2023) FAR 52.242-15 Stop-work Order (AUG 1989) FAR 52.245-1 Government Property (SEP 2021) FAR 52.245-9 Uses and Charges (APR 2012) FAR 52.247-34 F.O.B. Destination (NOV 1991)

(f) Homeland Security Acquisition Regulation (HSAR) 3052.212-70, Contract Terms and Conditions Applicable to DHS Acquisition of Commercial Items (SEP 2012):

The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The provision or clause in effect based on the applicable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. The following provisions and clauses are incorporated by reference:

3052.204-71 Contractor Employee Access 3052.205-70 Advertisement, Publicizing, Awards, and Releases 3052.211-70 Index for Specifications 3052.217-91 Performance 3052.217-92 Inspection and Manner of Doing Work 3052.217-93 Subcontracts 3052.217-95 Liability and Insurance 3052.217-96 Title 3052.217-97 Discharge of Liens 3052.217-98 Delays 3052.222-70 Strikes or Picketing Affecting Timely Completion of the Contract Work 3052.228-70 Insurance 3052.242-72 Contracting Officer’s Technical Representative 3052.247-72 F.O.B. Destination Only

The clause at 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items (JUN 2023), applies to this acquisition and the following additional FAR clauses cited in the clause are applicable to the acquisition:

52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).

52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) ( 15 U.S.C. 644).

52.219-8, Utilization of Small Business Concerns (OCT 2022) (15 U.S.C. 637(d)(2) and(3)).

52.219-28, Post Award Small Business Program Representation (MAR 2023) (15 U.S.C. 632(a)(2)).

52.222-3, Convict Labor (JUN 2003) (E.O.11755).

52.222-19, Child Labor-Cooperation with Authorities and Remedies (DEC 2022) (E.O.13126).

52.222-21, Prohibition of Segregated Facilities (APR 2015).

52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

52.222-35, Equal Opportunity for Veterans (JUN 2020)(38 U.S.C. 4212).

52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

52.225-1, Buy American - Supplies (OCT 2022) (41 U.S.C. chapter 83).

52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

52.232-33, Payment by Electronic Funds Transfer System for Award Management (OCT 2018) (31 U.S.C. 3332).

52.242-5, Payments to Small Business Subcontractors (JAN 2017) (15 U.S.C. 637(d)(13)).

Additional full text clauses applicable to this requirement:

52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (JUN 2020) (DHS-USCG Deviation 14-01)

(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the pilot program on Contractor employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239) and FAR 3.908.

(b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712, as described in section 3.908 of the Federal Acquisition Regulation.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold.

52.204-21 Basic Safeguarding of Covered Contractor Information Systems (NOV 2021)

(a) Definitions. As used in this clause– “Covered contractor information system” means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

“Federal contract information” means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments.

“Information” means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

“Information system” means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

“Safeguarding” means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

52.204-23 Prohibition On Contracting For Hardware, Software, And Services Developed Or Provided By Kaspersky Lab And Other Covered Entities (NOV 2021) (Deviation 20-05)

(a) Definitions. As used in this clause "Covered article" means any hardware, software, or service that

(1) Is developed or provided by a covered entity;

(2) Includes any hardware, software, or service developed or provided in whole or in part by a covered entity; or

(3) Contains components using any hardware or software developed in whole or in part by a covered entity.

"Covered entity" means

(1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab;

(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or

(4) Any entity of which Kaspersky Lab has a majority ownership.

(b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits Government use of any covered article. The Contractor is prohibited from

(1) Providing any covered article that the Government will use on or after October 1, 2018; and

(2) Using any covered article on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the contract.

(c) Reporting requirement.

(1) In the event the Contractor identifies covered article provided to the Government 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, in writing, via email, to the Contracting Officer, Contracting Officer's Representative, and the Enterprise Security Operations Center (SOC) at NDAA_Incidents@hq.dhs.gov , with required information in the body of the email. In the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil . For indefinite delivery contracts, the Contractor shall report to the Enterprise SOC, Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) and Contracting Officer's Representative(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

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

(i) Within 1 business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; brand; model number (Original Equipment Manufacturer (OEM) 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 report pursuant to paragraph (c)(l) 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 a covered article, any reasons that led to the use or submission of the covered article, and any additional efforts that will be incorporated to prevent future use or submission of covered articles.

(d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts, including subcontracts for the acquisition of commercial items.

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (DEVIATION 20-05) REV 2 (NOV 2021)

(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 of2018 (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)(l)(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)(l)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4 .2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

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

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

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

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause in writing via email to the Contracting Officer, Contracting Officer's Representative, and the Network Operations Security Center (NOSC) at NDAA Incidents@hg.dhs.gov, with required information in the body of the email. In the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the NOSC, Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) and Contracting Officer's Representative(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(l) 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…