HS002121R7234 0001 - SF30 Amendment 0001.pdf

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

(a) By completing items 8 and 15, and returning or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE

RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

E. IMPORTANT: Contractor is not is required to sign this document and return copies to the issuing office.

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE

2. AMENDMENT/MODIFICATION NUMBER 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQUISITION NUMBER 5. PROJECT NUMBER (If applicable)

7. ADMINISTERED BY (If other than Item 6) CODE

STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

FACILITY CODE

9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended. is not extended.

12. ACCOUNTING AND APPROPRIATION DATA (If required) copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NUMBER AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER

NUMBER IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15C. DATE SIGNED

15A. NAME AND TITLE OF SIGNER (Type or print)

16C. DATE SIGNED

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

PAGE OF PAGES

6. ISSUED BY CODE

8. NAME AND ADDRESS OF CONTRACTOR (Number, street, county, State and ZIP Code) (X)

CODE

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

Previous edition unusable

HS0021

Please see the full amendment description provided on the following block 14 continuation page.

DCSA

SALIMA ISKRA

27130 TELEGRAPH ROAD

QUANTICO VA 22134

See Item 6

HS0021114014

HS002121R7234

09/17/2021

09/10/2021

SF 30 BLOCK 14 CONTINUATION PAGE

Amendment 0001 does the following:

(1) Extends the deadline for submission of proposals to September 22, 2021 at 2:00 PM Eastern Time in sections A and I;

(2) Changes the evaluation factors and basis for award in sections B., G., and H. from LPTA to best-value/trade-off;

(3) Replaces “Salient Characteristics” with “Technical Capabilities,” and consolidates requirements into a table of essential and preferred technical capabilities in section E;

(4) Adds sections G., Evaluation Factors for Award, and H., Basis for Award;

(5) Updates section I.6. and I.12.;

(6) Updates FAR 52.212-3 to include "Alternate I" and FAR 52.212-4 to replace "FEB" with "OCT," in section J.2.;

(7) Removes FAR 52.219-14 (incorporated by reference within FAR 52.212-5), DFARS 252.203-7006, 252.204-7000, 252.204-7016, and 252.204-7017 from section J.2.;

(8) Adds FAR 52.219-14 (DEVIATION 2021-O0008) and DFARS 252.203-7003, 252.204-7016, 252.204- 7017, and 252.232-7006 to section J.4; and

(9) Provides Government responses to industry questions about information in the combined synopsis/solicitation.

All other terms and conditions remain unchanged.

A conformed copy of the amended solicitation is attached.

Defense Counterintelligence and Security Agency Defense Insider Threat Management Analysis Center

COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS

(Amended: 09/17/2021)

A. General Information

Document Type: Combined Solicitation/Synopsis

Solicitation Number: HS002121R7234 Original Posting Date: September 10, 2021 Amendment 0001 Posting Date: September 17, 2021 Deadline for Submission of Industry Questions:

September 14, 2020 at 2:00 PM Eastern Time

Original Deadline for Submission of Proposals:

September 20, 2021 at 2:00 PM Eastern Time

Amended Deadline for Submission of Proposals:

September 22, 2021 at 2:00 PM Eastern Time

Product or Service Code: DA10 (IT and Telecom – Business Application/Application Development Software as a Service)

Set Aside: Total Small Business NAICS Code: 519130 (Internet Publishing and Broadcasting and Web Search

Portals) Small Business Size Standard: 1,000 employees Contemplated Contract Type: Firm Fixed Price

Anticipated Period of Performance:

0001 - Base Year: September 30, 2021-September 29, 2022 1001 - Option Year: September 30, 2022-September 29, 2023

Place of Performance: Defense Counterintelligence and Security Agency 1550 Crystal Lane Arlington, VA 22202

Contracting Office Address: Defense Counterintelligence and Security Agency Acquisition and Contracting52 Russell-Knox Building 27130 Telegraph Road Quantico, VA 22134-2253

Points of Contact: Ms. Salima M. Iskra Ms. Shelly L. Thieme Contract Specialist Contract Specialists 571-305-6143 724-794-7194 Salima.M.Iskra.civ@mail.mil Shelly.L.Thieme.civ@mail.mil mailto:Shelly.L.Thieme.civ@mail.mil

DCSA Solicitation No. HS002121R7234 - PAEI

B. Description

1. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

2. This solicitation, HS002121R7234, is a request for proposals (RFP). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2021-06 dated July 12, 2021.

3. The associated North American Industrial Classification System (NAICS) code for this procurement is

519130, Internet Publishing and Broadcasting and Web Services Portals, with a small business size standard of 1,000 employees. This is a 100% small business set-aside. Any offers received from concerns other than small businesses will not be considered for award.

4. Following receipt of offers, the Government will perform a comparative evaluation of offers

(comparing offers to one another) with the intent of awarding a single firm-fixed-price contract to the responsible offeror that is best suited to fulfill the requirements outlined in the RFP and provides the overall best value to the Government considering technical evaluation factors and price.

4.1. DCSA will determine best value to the Government based on evaluation of price and non-price factors; however, the Government will not make award to an offeror that does not adequately demonstrate it can meet all essential technical capabilities, nor one with a significantly higher overall price for only slightly superior technical capabilities.

4.2. The Government reserves the right to cancel this solicitation without award if the needs of the requirement are not met.

4.3. This RFP does not commit the Government to pay for the preparation and submission of an offer.

5. The anticipated period of performance is September 30, 2021-September 29, 2023, which includes one (1) 12-month Base Period and one (1) 12-month Option Period. Acceptance and delivery will be FOB destination.

C. Background

In December 2014, DCSA was appointed by the Secretary of Defense to incubate the Department of Defense (DoD) Insider Threat Management and Analysis Center (DITMAC) program, affirmed in January 2017 via DoD Directive 5205.16, Change 1. The mission of the DITMAC is to provide the DoD enterprise a capability to identify, assess and mitigate risk from insiders, to oversee and manage unauthorized disclosures, and to integrate, manage, mature, and professionalize insider threat (InT) capabilities. It fills a critical gap within the DoD by empowering and entrusting a single senior Defense official with the task of working with all DoD Component InT programs to promote best practices, drive innovation, promulgate a fundamental set of standards, and provide resource and policy advocacy to senior decision makers, and through an enterprise-level analytic function, close seams between Components that are potentially exploitable by insiders.

Following recent activities, and in line with the Secretary of Defense’s counter-extremism strategy, there is an increased emphasis on ensuring security and safety of members of the Department from potential negative actors within the force. The DITMAC’s effort to contextualize behaviors by individuals reported through insider threat channels will be enhanced through access to publicly available electronic information (PAEI) and social media data.

D. Objective

The DCSA’s Department of Defense (DoD) Insider Threat Management and Analysis Center (DITMAC) provides an enterprise-wide capability to identify, assess, and mitigate risk from insiders; to oversee and manage unauthorized disclosures; and to integrate, manage, mature, and professionalize insider-threat capabilities.

The purpose of this solicitation is to identify contractors capable of providing DITMAC analysts with an automated capability to receive PAEI inclusive of (but not limited to) social media and other online behavior that is publicly available that a primary actor may undertake, from posting on public webpages (such as responding to news articles) to dark web activity data on referred individuals in an effort to contextualize behavior that may be indicative of a potential insider threat.

E. Technical Capabilities

Item No.

Essential Technical Capabilities (minimum required)

Preferred Technical Capabilities (ideal but not required)

1. Access to PAEI and Social Media Data

1.1.

The Contractor shall provide automated reports of activity and behavior through PAEI, particularly social media, on known primary actors to help contextualize reported behaviors potentially indicative of insider threats.

("Primary actors" are defined as DoD-affiliated personnel with access to military installations.)

Specifically, the Government requires the following:

-Government licenses/user accounts: 30 -PAEI searches/reports: Approx. 6,000/yr.

Licenses are preferred.

1.2.

Contractor tools or technical solutions shall meet all Federal and DoD information technology standards required for use on and access to Government systems to ensure compatibility with DCSA networks, and comply with privacy and civil liberties requirements and protections. (See sections E.4. and J.)

Essential Technical Capabilities (minimum required)

Preferred Technical Capabilities (ideal but not required)

1.3.

The Contractor’s technological solution shall include automated, modifiable search parameters and query capabilities that allow DITMAC analysts to search for online photos, text, original/shared posts, comments on threads or postings, and actions (such as "likes" or retweets) by primary actor(s) without requiring them to visit individual social media sites themselves.

1.4.

The Contractor shall deliver an automated report of data meeting the search criteria for the primary actor(s) searched. The Contractor shall supply the report for each query to the analyst who enters the query in the Contractor’s technological solution. One report shall be provided to the insider threat investigative analyst who enters the search.

The information will be presented through PDF, MS Word, as JPGs, or other appropriate medium as approved by the technical point of contact (TPOC) identified in the contract.

1.5.

The capability to broadly scan the internet based on a known primary actor for which the Government will provide limited available information (e.g., full name, current/previous addresses).

Broad access to websites and social media platforms is preferable to technical solutions/tools offering limited capabilities in this regard. An increased capability to scan not just words but also actions, videos, photos and other publicly available data that exists on known individuals (primary actors) will help contextualize what’s already been reported and increase the value of the tool/solution to the Government. Fewer sites/platforms are less valuable.

NOTE: The Government does not require geotagging or diagrams linking to other connections online.

1.6.

The capability to conduct extremely accurate identity resolution based on initially limited data sets (e.g., full name, current/previous addresses) to validate that the results truly belong to the primary actor.

The capability to complete identity resolution is also a critical piece to ensure the Government receives a report on the correct individual. Greater identity resolution capability is better.

Essential Technical Capabilities (minimum required)

Preferred Technical Capabilities (ideal but not required)

1.7.

The capability to deliver both screen shots of relevant materials and the ability to view more broadly the information surrounding it to ensure appropriate context is captured.

The ideal tool will provide the ability to see the context of other things happening on the website or social media platform.

1.8.

The capability to not only conduct a single check on an individual for existing information but to maintain continuous checks with frequency no less than weekly on a known actor during the period of time the individual’s case remains open.

1.9.

The ability to access all data without creating alternate personas, dummy user accounts, or affiliations with the known primary actors, which is strictly prohibited.

1.10.

The Contractor shall provide the resulting data to the Government, and any user account used by the Contractor shall not be attributed to Government organizations.

1.11.

This information shall only be information that is available to the public, under privacy settings set to “public,” after creating a user login for the social media site.

1.12.

Within one (1) business day, the Contractor shall provide licenses and/or usernames and passwords to end-users for initial software/account set-up, and process necessary changes for existing accounts through transfer and termination.

Offers demonstrating sophisticated, time-tested license/account management capabilities are preferred.

1.13.

The Contractor shall support the office in establishing initial capabilities in the development of search criteria and queries.

Live remote support is preferable to automated support.

1.14.

The Contractor shall provide technical support to DITMAC analysts as needed to ensure sustained capabilities and same-day resolution of technical issues to prevent shut-down for any reason.

Advanced technical support, responsiveness, issue mitigation/resolution services offered 24/7/365 are preferred.

1.15.

The Contractor shall abide by the terms of service as established by individual websites and social media sites.

1.16. The Contractor’s technical solution shall be

cloud-hosted.

Essential Technical Capabilities (minimum required)

Preferred Technical Capabilities (ideal but not required)

1.17.

The Contractor’s technical solution shall be "ready to use” without requiring customization or separately-priced professional services.

1.18.

The Government will retain responsibility for retention of query data and resultant reports.

The Contractor shall retain license/end-user information and metrics required for the production of audit reports, as well as the names of primary actors queried, as described under section E.2.

2. Audits and Reporting

2.1.

The Contractor shall submit monthly written reports to the TPOC featuring the number and status of active and inactive licenses or accounts and the end-user names associated with them.

2.2.

The Contractor shall submit monthly audit reports for each end-user including the names of the primary actors queried through the tool.

2.3.

The Contractor’s technical solution shall possess the capability for end-users to run queries and download reports featuring generated data.

3. Training

3.1.

Within one (1) week of request, the Contractor shall provide initial training for 15-20 DITMAC analysts on fundamental set-up, establishing search criteria, running queries, and other basic instruction for successful use of the Contractor's tools.

Online self-paced training delivered through a learning management system may be acceptable, but instructor-led virtual training is preferable, especially for the initial training session.

3.2.

The Contractor shall provide subsequent training for new hires as requested, but not more than once quarterly.

3.3.

The Contractor shall provide after-action reports to the TPOC following all training sessions.

Essential Technical Capabilities (minimum required)

Preferred Technical Capabilities (ideal but not required)

3.4. The Contractor shall provide technical support

and troubleshooting as user questions arise.

Live real-time technical support is preferable to automated support.

F. Security Requirements

1. All data is assumed to be Controlled Unclassified Information (CUI) and must be protected in accordance with DoDI 5200.48. This includes highly sensitive raw/derived data, multimedia, online personal details, and the collection and analytic configuration of data; therefore, additional security measures must be adhered to in order to protect data and users.

2. All data shall be routed through a virtual private network provider to obfuscate the source internet protocol. Each analyst shall use dedicated data stores and disks to prevent data leakage between teams or other organizations by using firewall rules that block all network traffic between instances.

3. All data and online personal details (name, email, and passwords) shall be stored with encryption to protect user data.

4. The tool/technical capability shall operate on NIPR.

5. The tool/technical capability will be accessed centralized CONUS on normal unclassified fiber.

6. The Contractor must adhere to applicable cybersecurity contract clauses referenced below.

G. Evaluation Factors for Award

DCSA will evaluate offers pursuant to the evaluation factors below. Per FAR 13.106-1(a)(2)(iii), solicitations for acquisitions following simplified acquisition procedures are not required to assign relative importance to evaluation factors within the solicitation.

1. Essential Technical Capabilities

This evaluation factor establishes the minimum technical baseline an offeror must meet in order to receive further consideration by the Government. Offerors must demonstrate they can meet ALL essential technical capabilities described in section E. or they will be eliminated from further consideration.

2. Preferred Technical Capabilities

Offerors that can successfully satisfy all essential technical capabilities will be further evaluated on any preferred technical capabilities included in their offers, such as—but not limited to—those described in section E. Offerors are invited to provide additional technical capabilities not mentioned in this solicitation that would expand or improve upon essential technical capabilities within their offers. The Government will consider these additional capabilities in making its best-value determination. In general, offers demonstrating greater breadth and depth of capability to achieve results beyond the essential technical capabilities valued by the Government, will be evaluated more favorably than those that do not.

3. Past Performance

The Government will evaluate recent past performance to assess the expectation of successful outcomes based on the extent to which the offeror has successfully satisfied requirements similar in size and scope to those identified in this solicitation.

The Government reserves the right to review an offeror’s past performance ratings in the Contractor Performance Assessment Reporting System and to contact the past-performance points of contact provided. The Government may also solicit additional information or clarification regarding an offeror’s past performance from sources other than those identified in the offer. The Contracting Officer and/or technical evaluators may research offeror performance on any known Federal, state, local, and commercial contract. Additionally, personal experience and evaluator knowledge of an offeror's past performance may be utilized by the technical evaluation team (TET) as long as there is sufficient documentation to support their position.

Offerors meeting all essential technical capabilities may be given an opportunity to explain any negative past performance information not provided in the offer. If no past performance is available, or the offeror’s performance record is so sparse that no meaningful assessment can be made, the offeror will not be evaluated favorably or unfavorably on this factor. In general, past performance that has occurred within the past five (5) years, pertains to the solution currently being offered to the Government, was provided to Federal clients, and receives higher ratings will provide more confidence to the Government than past performance that does not meet one or more of these attributes.

4. Price

The Government will evaluate the apparent awardee’s proposed price to determine whether it is fair and reasonable. The Government reserves the right to evaluate the alignment of the proposed pricing to the offeror’s proposed technical approach. Pricing that does not align (e.g., seems too low) may indicate a misunderstanding of the requirements and may accordingly be deemed unrealistic by the Government, rendering the proposal unawardable.

H. Basis for Award

Utilizing a technical evaluation matrix similar to the one featured below, the TET will first determine, on a pass/fail basis, which offers meet all essential technical capabilities (Factor 1) identified in section E.

and which do not. Those that do will be rated as “pass,” and those that do not will be rated as “fail.”

In accordance with FAR 13.106-2 and FAR subpart 13.5, the Government will then perform a comparative evaluation (directly comparing offers—factor by factor—with one another) for all remaining offers to determine which one, in conforming to the RFP, best satisfies the PAEI requirement at a fair and reasonable price.

For each passing offer, the TET will record its observations—both positive and negative—for Factors 2 and 3. No adjectival ratings are assigned, only the observations that are pertinent for that factor. Next, the evaluation team compares all offers for Factor 2 and identifies the offer that is the most advantageous based on that factor alone and explains why. The TET does the same for Factor 3. This completes the technical evaluation report.

SAMPLE TECHNICAL EVALUATION MATRIX

Offeror

Observations for Non-Price Technical Evaluation Factors Factor 1: Essential

Technical Capabilities (Pass/Fail)

Factor 2: Preferred Technical Capabilities

Factor 3: Past Performance

Offeror A Offeror B Offeror C Offeror D Offeror E

Offeror with the most advantageous offer relative to this evaluation factor:

(TET: Select one offeror for Factor 2 and one offeror for Factor 3. Offerors selected may be the same or different.)

Rationale for Selections:

The Contracting Officer’s award decision will be based on the best overall value to the Government, price and technical factors considered. Award may be made to an offeror that does not propose the lowest price if the technical merits of the offer warrant a price premium. Alternatively, an offeror who submits the most advantageous technical proposal may not receive an award if the price is deemed too high.

Once the Government determines the apparent successful offeror, it reserves the right to communicate with only that offeror to address any remaining issues, if necessary, and finalize a contract with that offeror. These issues may include preferred technical capability 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 offeror based on the original analysis and address any remaining issues. Once the Government has begun communications with the next best-suited offeror, no further communications with the previous offeror will be entertained until after the contract has been awarded. This process shall continue until a contract is awarded. If no offer meets the needs of the requirement, the Government reserves the right to cancel this solicitation without award.

I. Instructions to Offerors

1. To aid in evaluation, all proposals shall contain:

• An administrative cover page;

• A table of contents (if the technical narrative is greater than three (3) pages long);

• A technical narrative;

• Available past performance information; and

• The completed attached pricing worksheet (which offerors may modify to accord with their unique pricing and solutions).

2. Proposals shall be no longer than five (5) pages long (excluding the cover page, table of contents, past performance information, and pricing worksheet).

3. Proposals shall use Times New Roman or Calibri 11-point (or higher) font. All margins shall be set to 1”.

4. Proposals shall include the offeror’s company name and address, point of contact, telephone number, email address, and System for Award Management (SAM) information (CAGE Code, DUNS number).

5. Technical narratives shall illustrate the offeror’s understanding of the requirement and its ability to satisfy all aspects of the requirement. Offerors may include appropriate professional documentation and artifacts, such as screen captures or samples, which demonstrate the capabilities being described.

6. If available, past performance data should be based on work that occurred within the past five (5) years, and include the following information for up to three (3) clients—listed in descending order of relevance from Federal Government, state/local government, private industry—for which the offeror has provided solutions similar in size and scope to those proposed in response to this RFP:

• Contract number (if applicable);

• Agency/company name;

• Agency/company point of contact; and

• Point of contact email address and phone number.

7. Offerors shall complete the attached pricing worksheet and submit it as part of their proposals.

8. All submissions shall be unclassified and reference “HS002121R7234 – PAEI” in the subject line.

9. Offerors must be registered in SAM at http://sam.gov prior to the amended RFP closing date.

Failure to maintain a current/active account may render your offer non-responsive.

10. Offerors must complete annual representations and certifications online at http://sam.gov. If paragraph (j) of the provision is applicable, a written submission is required.

11. To facilitate the award process, all proposals must include a statement regarding the terms and conditions herein as follows:

"The terms and conditions in the solicitation are acceptable to be included in the award document without modification, deletion, or addition”; or

"The terms and conditions in the solicitation are acceptable to be included in the award document with the exception, deletion, or addition of the following:", in which case offerors shall list exception(s) and rationale for the exception(s).

12. Any questions or concerns regarding the solicitation may be submitted in writing via e-mail to Ms.

Salima M. Iskra at Salima.M.Iskra.civ@mail.mil and must be received not later than September 14, 2021 at 2:00 PM Eastern Time to guarantee a response. Thereafter, the Government will consider questions received until September 21, 2021 at 2:00 PM Eastern Time but does not guarantee response.

13. All questions and answers and any subsequent resultant amendments will be posted at http://sam.gov to allow equal access by all potential offerors. Inquiries will not be attributable to the offeror that submits the question(s).

14. Proposals shall be submitted to Ms. Salima M. Iskra at Salima.M.Iskra.civ@mail.mil and received not later than September 22, 2021 at 2:00 PM Eastern Time. Offerors are encouraged to submit their proposals earlier than the aforementioned time, if possible, to avoid any potential IT problems that could render their submission late.

15. Any questions or proposals not received by the dates and times specified in this combined synopsis/solicitation may be rejected. Additionally, incomplete proposals that do not contain the required information as stated in the solicitation may also be rejected.

16. The Government is not liable for any costs incurred by the offeror in response to this RFP.

J. Provisions and Clauses

1. The full text of FAR and Defense Federal Acquisition Regulation Supplement (DFARS) provisions and clauses may be accessed electronically at http://acquisition.gov.

2. The following provisions and clauses are applicable to this RFP:

52.212-1 Instructions to Offerors—Commercial Items JUL 2021

52.212-2 Evaluation—Commercial Items OCT 2014

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be evaluated:

(i) Technical – An offer can either be technically acceptable or technically unacceptable. An offer is technically acceptable when the quote’s technical approach clearly meets all solicitation requirements. An offer is technically unacceptable when it does not clearly meet all solicitation requirements.

mailto:Salima.M.Iskra.civ@mail.mil http://sam.gov/ mailto:Salima.M.Iskra.civ@mail.mil http://acquisition.gov/

(ii) Price – A price analysis will be used to determine the evaluated price to support the selection of the lowest price technically acceptable offer. Offers that contain materially unbalanced proposed prices may be rejected by the Government.

The Government intends to award based on initial quotes; therefore, offerors are encouraged to submit their best offer from both a technical and price aspect. However, the Government reserves the right to hold discussions if the Contracting Officer deems it’s in the Government’s best interest.

An offeror will not be eligible for award if the Contracting Officer determines it is not a responsible company in accordance with FAR 9.104-1.

The Government reserves the right at its sole discretion to award one contract or no contract at all depending on the quality of the offers received.

(b) 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).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

52.212-3 Offerors Representations and Certifications–Commercial Items—

Alternate I

Offerors must complete annual representations and certifications online at http://sam.gov. If paragraph (j) of the provision is applicable, a written submission is required.

FEB 2021

52.212-4 Contract Terms and Conditions–Commercial Items

OCT 2018

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items

JUL 2021

In addition to all required clauses found at FAR 52.212-5, the following clauses at FAR 52.212-5(b) also apply to this acquisition and are incorporated by reference:

(1) 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).

(2) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509).

http://sam.gov/

(4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub.

L. 109-282) (31 U.S.C. 6101 note).

(8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101 note).

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

(16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)).

(34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

(35)(i) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O. 13627).

(44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O.

13513).

(58) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) (31 U.S.C. 3332).

(61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

(62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

3. The following FAR and DFARS provisions and clauses apply to this solicitation and are incorporated by reference:

52.203-3 Gratuities APR 1984 52.203-12 Limitation On Payments To Influence Certain Federal Transactions JUN 2020 52.204-7 System for Award Management OCT 2018 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-21 Basic Safeguarding of Covered Contractor Information Systems JUN 2016 52.204-22 Alternative Line Item Proposal JAN 2017 52.209-7 Information Regarding Responsibility Matters OCT 2018 52.217-9 Option to Extend the Term of the Contract MAR 2000 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business Subcontractors DEC 2013 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 252.203-7005 Representation Relating to Compensation of Former DoD Officials NOV 2011

252.204-7003 Control of Government Personnel Work Product APR 1992 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

252.204-7018 Prohibition on the Acquisition of Covered Defense

Telecommunications Equipment or Services

JAN 2021

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements NOV 2020 252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2020

252.204-7022 Expediting Contract Closeout MAY 2021 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

252.219-7000 Advancing Small Business Growth SEP 2016 252.219-7003 Small Business Subcontracting Plan (DOD Contracts) DEC 2019 252.225-7048 Export-Controlled Items JUNE 2013 252.225-7050 (Dev)

Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism. (DEVIATION 2021-O0006)

JUN 2021

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

252.232-7003 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

252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel JUN 2013 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 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JAN 2021 252.246-7007 Contractor Counterfeit Electronic Part Detection and Avoidance

System

AUG 2016

252.246-7008 Sources of Electronic Parts MAY 2018 252.247-7022 Representation of Extent of Transportation by Sea JUN 2019 252.247-7023 Transportation of Supplies by Sea FEB 2019

4. The following FAR and DFARS provisions and clauses apply to this solicitation and are incorporated by full text:

52.204-24 Representation Regarding Certain Telecommunications and Video

Surveillance Services or Equipment

OCT 2020

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision—

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

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

Nothing in the prohibition shall be construed to—

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

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

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

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

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

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

(d) Representation. The Offeror represents that—

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

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

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

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

(i) For covered equipment—

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

(B) A description of all covered telecommunications equipment offered (include brand;

model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

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

(ii) For covered services—

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

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

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

(i) For covered equipment—

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

(B) A description of all covered telecommunications equipment offered (include brand;

model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

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

(ii) For covered services—

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

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

52.217-9 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 60 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 24 months.

(End of clause)

52.219-14 (Dev)

Limitations on Subcontracting (SEP 2021) (DEVIATION 2021-O0008)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Definition. “Similarly situated entity,” as used in this clause, means a first-tier subcontractor, including an independent contractor, that—

(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and

(2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.

(c) Applicability. This clause applies only to—

(1) Contracts that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(3) Contracts that have been awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15;

(4) Orders expected to exceed the simplified acquisition threshold and that are—

(i) Set aside for small business concerns under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to small business concerns under multiple-award contracts as described in 19.504(c)(1)(ii);

(5) Orders, regardless of dollar value, that are—

(i) Set aside in accordance with subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 19.504(c)(1)(ii); and

(6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference.

(c) Independent contractors. An independent contractor shall be considered a subcontractor.

(e) Limitations on subcontracting. By submission of an offer and execution of a contract, the Contractor agrees that in performance of a contract assigned a North American Industry Classification System (NAICS) code for—

(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding certain other direct costs and certain work performed outside the United States (see paragraph (e)(1)(i)), to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract. The following services may be excluded from the 50 percent limitation:

(i) Other direct costs, to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service. Examples include airline travel, work performed by a transportation or disposal entity under a contract assigned the environmental remediation NAICS code 562910), cloud computing services, or mass media purchases.

(ii) Work performed outside the United States on awards made pursuant to the Foreign Assistance Act of 1961, or work performed outside the United States required to be performed by a local contractor.

(2) Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 50 percent subcontract amount that cannot be exceeded.