Information for W912CN-20-R-0027.pdf

W912CN20R0027

(i)This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in 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.

(ii) The solicitation number is W912CN-20-R-0027 and this solicitation is issued as a request for quotation (RFQ).

(iii) This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2005-96, effective 06 November 2017.

(iv)This is an UNRESTRICTED buy and the associated NAICS code is 334220. PSC is 5895.

(v) A list of contract line item numbers and items, quantities and units of measure are provided below:

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

LSV-7 Link 16 Kit and Install

FFP

QTY (1) Link 16 capable system and (1) Transport system (Link 16 Small Form Factor Terminal) for Logistics Support Vessel (LSV) SSGT Robert T. Kuroda (LSV-7) IAW Salient Characteristics.

Delivery Location for LSV-7: Joint Base Pearl Harbor-Hickam, Hawaii

Install Location for LSV-7: Joint Base Pearl Harbor-Hickam, Hawaii

Install Dates (Tentative): Sometime between January 2021 – March 2021

Space for Link-16: There will NOT be a pre-configured slot in the LSV and LCU communications rooms for the Link 16 solution to be slotted into. The Link 16 solution will need to be placed on the ground and secured inside the communications room. The salient characteristic is for Link 16 Small Form Factor;

it needs to be a small-package as the LSV and LCU communications rooms are NOT spacious.

Small Form Factor Terminal: Link 16 Small Form Factor Terminal and associated antenna and cables to establish the Link-16 Line of Sight and Satellite Communications (SATCOM) connection. Attached picture (LSV Mast to Communications Deck Dimensions) shows the only two locations the Link 16 antenna will be installed on the mast of either the LCU or LSV. Communications Room is located right below what you see in the diagram with at a minimum 24 feet of separation from the location Option#2 in the mast to ceiling of communications room. Accounting for Option#2 (furthest path away from communications deck), Contractor will need to provide at MINIMUM 36 feet of cable to be ran, highly recommend Contractor to conduct Site Survey of the LCUs in Japan prior to installing 4 systems onto them.

Confirm adequate power: There will be adequate power provided for the contractor to use at the prescribed install locations. There will be direct shore-to-ship provided power.

Safety: Health and safety measures due to the ongoing COVID-19 pandemic will be realized and exercised throughout the entirety of the installation and test-validation duration. Coordination will be made prior to arrival of Contractor to Honolulu, Hawaii and Naha Port, Okinawa Japan/Yokohama North Dock, Kanagawa, Japan to ensure 14-day Restriction of Movement is addressed where and when applicable.

Maximum dimensions of the Link-16 solution to be purchased, to include the Small Form Factor terminal:

Height: 18" (45.72 cm) Width: 24" (60.96 cm) Depth: 32" (81.28 cm)

MFR PART NR: 000

0001AA 1 Each LSV-7 Link 16 Kit

FFP

SUPPLIES: QTY (1) Link 16 capable system and (1) Transport system (Link 16 Small Form Factor Terminal) FOB: Destination

PSC CD: 5895

NET AMT

0001AB 1 Each LSV-7 Link 16 Install

FFP

INSTALLATION

FOB: Destination

LCU 2009 Link 16 Kit and Install

FFP

QTY (1) Link 16 capable system and (1) Transport system (Link 16 Small Form Factor Terminal) for Landing Craft Utility 2009 (LCU 2009) IAW Salient Characteristics.

Delivery Location for LCU 2009, 2020, 2022, 2035: Torii Station, Okinawa, Japan

Install Location for LCU 2009, 2020, 2022, 2035 (Tentative): Possibly Naha Port, Okinawa, Japan and/or Yokohama North Dock, Kanagawa, Japan

Install Dates (Tentative): Sometime between November 2020 – December 2020

Space for Link-16: There will NOT be a pre-configured slot in the LSV and LCU communications rooms for the Link 16 solution to be slotted into. The Link 16 solution will need to be placed on the ground and secured inside the communications room. The salient characteristic is for Link 16 Small Form Factor;

it needs to be a small-package as the LSV and LCU communications rooms are NOT spacious.

Small Form Factor Terminal: Link 16 Small Form Factor Terminal and associated antenna and cables to establish the Link-16 Line of Sight and Satellite Communications (SATCOM) connection. Attached picture (LSV Mast to Communications Deck Dimensions) shows the only two locations the Link 16 antenna will be installed on the mast of either the LCU or LSV. Communications Room is located right below what you see in the diagram with at a minimum 24 feet of separation from the location Option#2 in the mast to ceiling of communications room. Accounting for Option#2 (furthest path away from communications deck), Contractor will need to provide at MINIMUM 36 feet of cable to be ran, highly recommend Contractor to conduct Site Survey of the LCUs in Japan prior to installing 4 systems onto them.

Confirm adequate power: There will be adequate power provided for the contractor to use at the prescribed install locations. There will be direct shore-to-ship provided power.

Safety: Health and safety measures due to the ongoing COVID-19 pandemic will be realized and exercised throughout the entirety of the installation and test-validation duration. Coordination will be made prior to arrival of Contractor to Honolulu, Hawaii and Naha Port, Okinawa Japan/Yokohama North Dock, Kanagawa, Japan to ensure 14-day Restriction of Movement is addressed where and when applicable.

Maximum dimensions of the Link-16 solution to be purchased, to include the Small Form Factor terminal:

Height: 18" (45.72 cm) Width: 24" (60.96 cm)

0002AA 1 Each LCU 2009 Link 16 Kit

FFP

SUPPLIES: QTY (1) Link 16 capable system and (1) Transport system (Link 16 Small Form Factor Terminal) FOB: Destination

0002AB 1 Each LCU 2009 Link 16 Install

FFP

INSTALLATION

FOB: Destination

0003 LCU 2020 Link 16 Kit and Install

FFP

QTY (1) Link 16 capable system and (1) Transport system (Link 16 Small Form Factor Terminal) for Landing Craft Utility 2020 (LCU 2020) IAW Salient Characteristics.

Delivery Location for LCU 2009, 2020, 2022, 2035: Torii Station, Okinawa, Japan

Install Location for LCU 2009, 2020, 2022, 2035 (Tentative): Possibly Naha Port, Okinawa, Japan and/or Yokohama North Dock, Kanagawa, Japan

Install Dates (Tentative): Sometime between November 2020 – December 2020

Space for Link-16: There will NOT be a pre-configured slot in the LSV and LCU communications rooms for the Link 16 solution to be slotted into. The Link 16 solution will need to be placed on the ground and secured inside the communications room. The salient characteristic is for Link 16 Small Form Factor;

it needs to be a small-package as the LSV and LCU communications rooms are NOT spacious.

Small Form Factor Terminal: Link 16 Small Form Factor Terminal and associated antenna and cables to establish the Link-16 Line of Sight and Satellite Communications (SATCOM) connection. Attached picture (LSV Mast to Communications Deck Dimensions) shows the only two locations the Link 16 antenna will be installed on the mast of either the LCU or LSV. Communications Room is located right below what you see in the diagram with at a minimum 24 feet of separation from the location Option#2 in the mast to ceiling of communications room. Accounting for Option#2 (furthest path away from communications deck), Contractor will need to provide at MINIMUM 36 feet of cable to be ran, highly recommend Contractor to conduct Site Survey of the LCUs in Japan prior to installing 4 systems onto them.

Confirm adequate power: There will be adequate power provided for the contractor to use at the prescribed install locations. There will be direct shore-to-ship provided power.

Safety: Health and safety measures due to the ongoing COVID-19 pandemic will be realized and exercised throughout the entirety of the installation and test-validation duration. Coordination will be made prior to arrival of Contractor to Honolulu, Hawaii and Naha Port, Okinawa Japan/Yokohama North Dock, Kanagawa, Japan to ensure 14-day Restriction of Movement is addressed where and when applicable.

Maximum dimensions of the Link-16 solution to be purchased, to include the Small Form Factor terminal:

Height: 18" (45.72 cm) Width: 24" (60.96 cm)

PURCHASE REQUEST NUMBER: 0011521146-0001

0003AA 1 Each LCU 2020 Link 16 Kit

FFP

SUPPLIES: QTY (1) Link 16 capable system and (1) Transport system (Link 16 Small Form Factor Terminal) FOB: Destination

0003AB 1 Each LCU 2020 Link 16 Install

FFP

INSTALLATION

FOB: Destination

LCU 2022 Link 16 Kit and Install

FFP

QTY (1) Link 16 capable system and (1) Transport system (Link 16 Small Form Factor Terminal) for Landing Craft Utility 2022 (LCU 2022) IAW Salient Characteristics

Delivery Location for LCU 2009, 2020, 2022, 2035: Torii Station, Okinawa, Japan

Install Location for LCU 2009, 2020, 2022, 2035 (Tentative): Possibly Naha Port, Okinawa, Japan and/or Yokohama North Dock, Kanagawa, Japan

Install Dates (Tentative): Sometime between November 2020 – December 2020

Space for Link-16: There will NOT be a pre-configured slot in the LSV and LCU communications rooms for the Link 16 solution to be slotted into. The Link 16 solution will need to be placed on the ground and secured inside the communications room. The salient characteristic is for Link 16 Small Form Factor;

it needs to be a small-package as the LSV and LCU communications rooms are NOT spacious.

Small Form Factor Terminal: Link 16 Small Form Factor Terminal and associated antenna and cables to establish the Link-16 Line of Sight and Satellite Communications (SATCOM) connection. Attached picture (LSV Mast to Communications Deck Dimensions) shows the only two locations the Link 16 antenna will be installed on the mast of either the LCU or LSV. Communications Room is located right below what you see in the diagram with at a minimum 24 feet of separation from the location Option#2 in the mast to ceiling of communications room. Accounting for Option#2 (furthest path away from communications deck), Contractor will need to provide at MINIMUM 36 feet of cable to be ran, highly recommend Contractor to conduct Site Survey of the LCUs in Japan prior to installing 4 systems onto them.

Confirm adequate power: There will be adequate power provided for the contractor to use at the prescribed install locations. There will be direct shore-to-ship provided power.

Safety: Health and safety measures due to the ongoing COVID-19 pandemic will be realized and exercised throughout the entirety of the installation and test-validation duration. Coordination will be made prior to arrival of Contractor to Honolulu, Hawaii and Naha Port, Okinawa Japan/Yokohama North Dock, Kanagawa, Japan to ensure 14-day Restriction of Movement is addressed where and when applicable.

Maximum dimensions of the Link-16 solution to be purchased, to include the Small Form Factor terminal:

Height: 18" (45.72 cm) Width: 24" (60.96 cm)

0004AA 1 Each LCU 2022 Link 16 Kit

FFP

SUPPLIES: QTY (1) Link 16 capable system and (1) Transport system (Link 16 Small Form Factor Terminal) FOB: Destination

0004AB 1 Each LCU 2022 Link 16 Install

FFP

INSTALLATION

FOB: Destination

LCU 2035 Link 16 Kit and Install

FFP

QTY (1) Link 16 capable system and (1) Transport system (Link 16 Small Form Factor Terminal) for Landing Craft Utility 2035 (LCU 2035) IAW Salient Characteristics

Delivery Location for LCU 2009, 2020, 2022, 2035: Torii Station, Okinawa, Japan

Install Location for LCU 2009, 2020, 2022, 2035 (Tentative): Possibly Naha Port, Okinawa, Japan and/or Yokohama North Dock, Kanagawa, Japan

Install Dates (Tentative): Sometime between November 2020 – December 2020

Space for Link-16: There will NOT be a pre-configured slot in the LSV and LCU communications rooms for the Link 16 solution to be slotted into. The Link 16 solution will need to be placed on the ground and secured inside the communications room. The salient characteristic is for Link 16 Small Form Factor;

it needs to be a small-package as the LSV and LCU communications rooms are NOT spacious.

Small Form Factor Terminal: Link 16 Small Form Factor Terminal and associated antenna and cables to establish the Link-16 Line of Sight and Satellite Communications (SATCOM) connection. Attached picture (LSV Mast to Communications Deck Dimensions) shows the only two locations the Link 16 antenna will be installed on the mast of either the LCU or LSV. Communications Room is located right below what you see in the diagram with at a minimum 24 feet of separation from the location Option#2 in the mast to ceiling of communications room. Accounting for Option#2 (furthest path away from communications deck), Contractor will need to provide at MINIMUM 36 feet of cable to be ran, highly recommend Contractor to conduct Site Survey of the LCUs in Japan prior to installing 4 systems onto them.

Confirm adequate power: There will be adequate power provided for the contractor to use at the prescribed install locations. There will be direct shore-to-ship provided power.

Safety: Health and safety measures due to the ongoing COVID-19 pandemic will be realized and exercised throughout the entirety of the installation and test-validation duration. Coordination will be made prior to arrival of Contractor to Honolulu, Hawaii and Naha Port, Okinawa Japan/Yokohama North Dock, Kanagawa, Japan to ensure 14-day Restriction of Movement is addressed where and when applicable.

Maximum dimensions of the Link-16 solution to be purchased, to include the Small Form Factor terminal:

Height: 18" (45.72 cm) Width: 24" (60.96 cm)

0005AA 1 Each LCU 2035 Link 16 Kit

FFP

SUPPLIES: QTY (1) Link 16 capable system and (1) Transport system (Link 16 Small Form Factor Terminal) FOB: Destination

0005AB 1 Each LCU 2035 Link 16 Install

FFP

INSTALLATION

FOB: Destination

0006 1 Each LSV-2, LSV-8 Link 16 Transfer

FFP

De-Install Link-16 system on LSV-2, CW3 Harold C. Clinger and Re-Install system on LSV-8, Major General Robert Smalls IAW Salient Characteristics.

The company that gets awarded this contract will need to validate that the system, once completely re-installed on LSV-8, is able to establish a connection to a Link 16 network, be it through the 613 Air Operations Center and the Indo-Pacific Link 16 Network or the NORTHCOM/CONUS-based Link 16 network.

Performance required to begin Mid-September.

FOB: Destination

(vi) The following Inspection and Acceptance terms are provided herein:

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A N/A N/A 0001AA Destination Government Destination Government 0001AB Destination Government Destination Government 0002 N/A N/A N/A N/A 0002AA Destination Government Destination Government 0002AB Destination Government Destination Government 0003 N/A N/A N/A N/A 0003AA Destination Government Destination Government 0003AB Destination Government Destination Government 0004 N/A N/A N/A N/A 0004AA Destination Government Destination Government 0004AB Destination Government Destination Government 0005 N/A N/A N/A N/A 0005AA Destination Government Destination Government 0005AB Destination Government Destination Government 0006 Destination Government Destination Government

(vii) Delivery for each item based on CLIN number is below:

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

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

0001AA 15-NOV-2020 1 HHC AND STB, 8TH SUSTAINMENT

COMMAN

8TH THEATER SUSTAINMENT

COMMAND

HEADQUARTERS, 10TH REGIONAL

SUPPORT GROUP, TO

N, OKINAWA

FOB: Destination

W581PE

0001AB 15-NOV-2020 1 (SAME AS PREVIOUS LOCATION)

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

0002AA 15-NOV-2020 1 HHC AND STB, 8TH SUSTAINMENT

COMMAN

8TH THEATER SUSTAINMENT

COMMAND

HEADQUARTERS, 10TH REGIONAL

SUPPORT GROUP, TO

N, OKINAWA

0002AB 15-NOV-2020 1 (SAME AS PREVIOUS LOCATION)

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

0003AA 15-NOV-2020 1 HHC AND STB, 8TH SUSTAINMENT

COMMAN

8TH THEATER SUSTAINMENT

COMMAND

HEADQUARTERS, 10TH REGIONAL

SUPPORT GROUP, TO

N, OKINAWA

0003AB 15-NOV-2020 1 (SAME AS PREVIOUS LOCATION)

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

0004AA 01-DEC-2020 1 HHC AND STB, 8TH SUSTAINMENT

COMMAN

8TH THEATER SUSTAINMENT

COMMAND

HEADQUARTERS, 10TH REGIONAL

SUPPORT GROUP, TO

N, OKINAWA

0004AB 01-DEC-2020 1 (SAME AS PREVIOUS LOCATION)

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

0005AA 15-DEC-2020 1 HHC AND STB, 8TH SUSTAINMENT

COMMAN

8TH THEATER SUSTAINMENT

COMMAND

HEADQUARTERS, 10TH REGIONAL

SUPPORT GROUP, TO

N, OKINAWA

0005AB 15-DEC-2020 1 (SAME AS PREVIOUS LOCATION)

0006 15-SEP-2020 1 HHC AND STB, 8TH SUSTAINMENT

COMMAN

8TH THEATER SUSTAINMENT

COMMAND

JOINT BASE LANGLEY

EUSTIS VA

(ix) Information on Clauses both incorporated or by full text is as follows:

CLAUSES INCORPORATED BY REFERENCE

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance OCT 2018 52.212-1 Instructions to Offerors--Commercial Items JUN 2020 52.229-11 Tax on Certain Foreign Procurements--Notice and

Representation

JUN 2020

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 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

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

DEC 2019

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.243-7001 Pricing Of Contract Modifications DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (AUG 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 the provision at 52.204-26, Covered Telecommunications Equipment or Services--Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items.

(a) Definitions. As used in this provision-

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

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

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

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

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

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

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

(d) Representations. The Offeror represents that--

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

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

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

(e) Disclosures.

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

(End of provision)

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)

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

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

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

Covered telecommunications equipment or services means--

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

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

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

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

Critical technology means--

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

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

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

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

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

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

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

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

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

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

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

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

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

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

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

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

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

(d) Reporting requirement.

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

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

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

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

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

(End of clause)

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (DEC

2019)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

https://dibnet.dod.mil/ https://dibnet.dod.mil/

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

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

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 used to evaluate offers:

FAR 13.5, Lowest Price conforming to the requirements of the solicitation.

(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.

52.212-4 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (OCT 2018)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and

(2) before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

https://www.sam.gov/

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes'', as amended (41 U.S.C. 601-613).

Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement or any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include--

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer--Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.--

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.

3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall--

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the--

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C.

7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if--

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on--

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b.

destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C.

chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: (1) the schedule of supplies/services; (2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause; (3) the clause at 52.212-5; (4) addenda to this solicitation or contract, including any license agreements for computer software; (5) solicitation provisions if this is a solicitation; (6) other paragraphs of this clause; (7) the Standard Form 1449; (8) other documents, exhibits, and attachments; and (9) the specification.

(t) Reserved.

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C.

1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement.