M68909 21 R 7903.pdf

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Attached to
Operations Maintenance and Technical Services Federal contract opportunity
Solicitation number
M68909-21-R-7903
Issued by
United States Marine Corps

About this file

This is a Request for Proposal (RFP) for an Indefinite Delivery/Indefinite Quantity (IDIQ) Multiple Award Task Order Contract (MATOC) for Operations Maintenance and Technical Services (OMTS) support issued by the United States Marine Corps. The RFP seeks proposals for knowledge-based services with a period of performance of five years including option periods and a total contract ceiling value of $69.9 million to be awarded across multiple awardees. Task orders will be competed under the contracts in accordance with FAR 16.505 and evaluated based on criteria specified in individual task order solicitations. Pricing will be established at the task order level.

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SEE ADDENDUM

(No Collect Calls)

M6890921R7903 23-Jun-2021

b. TELEPHONE NUMBER

760-725-2828

8. OFFER DUE DATE/LOCAL TIME

09:00 AM 23 Jul 2021

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

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

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

M689099. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

MARINA SIMMONS

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

(TYPE OR PRINT)

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

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

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

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

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

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

COMMANDING OFFICER

CONTRACTS, MCTSSA

BOX 555171

CAMP PENDLETON CA 92055-5171

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

(760) 725-2514FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

X 8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$16,500,000

NAICS:

541690

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

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

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

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

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

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

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

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

M6890921R7903

Section SF 1449 - CONTINUATION SHEET

GENERAL INFORMATION

1. Contract Definition This Indefinite Delivery/Indefinite Quantity (IDIQ) Multiple Award Task Order Contract (MATOC) is for Operations Maintenance and Technical Services (OMTS). The IDIQ MATOC awarded will be for the same or similar knowledge based services (Other Scientific and Technical Consulting Services) for the entire length of the contract (all option ordering periods included).

All task orders to be awarded under this IDIQ MATOC will be competed in accordance with (IAW) Federal Acquisition Regulation (FAR) 16.505(b)(1), Fair Opportunity, and Defense Federal Acquisition Regulation Supplement (DFARS) 216.505-70, Ordering Under Multiple Award Contracts, unless one of the exceptions to fair opportunity at FAR 16.505(b)(2)(i) applies.

Additionally, task order selection will be tailored to specific project requirements and award will be made IAW task order established evaluation criteria.

2. Eligibility The Government intends to make a contract award to each “Qualifying Offeror” who proposes.

“Qualifying Offeror” is defined in 10 U.S.C. §2305(a) (3) (D). The statute defines a Qualifying Offeror as an Offeror that “(i) is determined to be a responsible source; (ii) submits a proposal that conforms to the requirements of the solicitation; and (iii) the contracting officer has no reason to believe would likely offer other than fair and reasonable pricing.” The Government will exclude any Offeror who fails to meet this definition as provided per FAR 52.212-2 (Evaluation- Commercial Items) section below.

3. Total Amount of Contract The cumulative total value of all orders placed under the IDIQ MATOC shall not exceed $69.9M. There is no limit of the number of task orders that may be competed and executed against this IDIQ MATOC.

4. Guaranteed Contract Amount The minimum guarantee for the IDIQ MATOC is $1,500. The Government will issue Task Order 0001 within 10 days of MATOC award for CLIN 0001, in the amount of $1,500, for awardee to attend a Post-Award Conference (PAC) within 10 days of MATOC award. The post award conference (PAC) meeting is for award of the IDIQ MATOC only.

5. Period of Performance IDIQ MATOCs will have a basic ordering period of five-years and one-year options. The Period of Performance (PoP) will provide for agility, flexibility, and continuity of meeting the requirements within the MATOC.

6. Pricing No pricing shall be established at the IDIQ MATOC level pursuant to FAR 15.304 (c)(1)(ii)(A)(2); instead the evaluation criteria for every task order competition will consider price pursuant to FAR 16.505(b)(1)(ii)(E).

7. Cost Type CLINs for Travel All Travel will require preapproval by the appointed Contracting Officer Representative (COR).

Travel COST CLIN invoice submission and approval process will be further defined at the TO level.

8. Task Order Procedures Authorized Contracting Officers.

The following activity or individual(s) is/are designated as Contracting Office(s) / Officer(s): All Procuring Contracting Officers (M68909)

The above activity or individual(s) is/are responsible for issuing and administering any orders placed hereunder. Contracting Officers may negotiate revisions/modifications to orders, but only within the scope of this contract. Contracting Officers have no authority to modify any provision of this basic contract. Any deviation from the terms of the basic contract must be submitted to the OMTS Procuring Contracting Officer for contractual action. The OMTS MATOC PCO is designated as:

Name: Ms. Marlanea Kirkbride Address: Assistant Program Manager, Marine Corps Tactical Systems Support Activity

(MCTSSA)

BOX 555171

CAMP PENDLETON, CA 92055

Telephone: (760)725-9208 marlanea.kirkbride@usmc.mil

TO terms and conditions.

All TOs issued hereunder are subject to the terms and conditions of this MATOC.

Individual TOs may incorporate additional applicable clauses not incorporated in the basic OMTS MATOC and will modify clauses that require fill in language into the TO. Such applicable clauses will pertain only to the individual TO and will be identified in the solicitation for that individual TO.

The basic OMTS MATOC shall control in the event of conflict with any TO in its entirety, including attachments.

Ordering Procedures. All TOs shall be posted to www.beta.sam.gov, Government Point of Entry (GPE) and follow these procedures.

Upon identification of a requirement, the Government will develop the appropriate requirements documents in the form of a Statement of Work (SOW), Statement of Objectives (SOO), or Performance Work Statement (PWS).

Pursuant to FAR 16.505(b)(1), the Contracting Officer must provide each awardee a fair opportunity to be considered for each order in excess of $3,500; exception pursuant to FAR 16.505(b)(2)(i), and DFARS 216.505-70, Ordering Under Multiple Award Contracts.

An Exception to Fair Opportunity (EFO) listed at FAR 16.505(b)(2), may be utilized at the TO Contracting Officer’s discretion. IAW FAR 16.505(b)(1) and DFARS 216.505-70 task order selection will be tailored to specific project requirements and awarded IAW task order established evaluation criteria. Additionally, efforts justified under the authority of FAR 6.302-4, International Agreement, are not permitted to be executed under the OMTS MATOC.

If the requirement is identified by the Government as requiring an allowable Exception to Fair Opportunity (see above paragraph), the procedures at FAR 16.505(b)(2)(ii) shall be followed and documented in the contract file. At the Contracting Officer’s discretion, market research procedures may be followed if an Exception to Fair Opportunity has been identified.

The Government will analyze the responses from the OMTS small business prime contract holders. If the Government determines that the conditions in FAR 19.502-2 exist, the Government may elect to further restrict an order to one of the appropriate socio-economic categories identified in On-Ramp Procedure, Section 9. If it is determined that the conditions in FAR 19.502-2 do not exist, the requirement will be open as a small business set-aside fair opportunity order amongst all OMTS MATOC small business prime contract awardees.

Contracting Officers may use streamlined procedures, including oral presentations. Proposals may be requested in either written or oral format. The competition requirements in FAR Part 6 and the policies in FAR subpart 15.3 do not apply to the ordering process. All decisions regarding the procurement method and selection criteria shall be made by the TO Contracting Officer. Information regarding the type of order, award basis and selection criteria shall be provided to the awardees with each request for proposal. Proposal costs shall be unallowable as a direct cost for proposals voluntarily prepared and submitted.

For a task order competition under FAR 16.505 the Government is required to afford all IDIQ MATOC awardees a fair opportunity to submit an offer and have that offer fairly considered.

Accordingly, the Government will evaluate each IDIQ MATOC awardee’s proposal fairly, and equally IAW the solicitation for the proposed awarded task order. Pre-award debriefings and pre-award notifications of exclusion prior to award are not required under FAR subpart 16.5, and the IDIQ MATOC awardees should not expect to receive them.

As required by FAR 16.505, the Task Order selection official will document his or her basis for award.

Where applicable, the Government will follow FAR 16.505(b)(6) for Post award Notices and Debriefing of Awardees and Unsuccessful offerors; provided, however, that if the FAR is amended during the period of performance of this contract, the Government may choose to take advantage of changes that reduce its administrative burden.

Types of TOs. The following types of TOs may be issued under this contract:

(i) Firm-fixed-price (FFP) CLINs: 0001, 0002, 1002, 2002, 3002, 4002, 5002

(ii) Cost-Reimbursable (COST) CLINs: 0003, 0005, 1003, 1005, 2003, 2005, 3003, 3005, 4003, 4005, 5003 and 5005.

In addition to any other data that may be called for in the basic MATOC, the following information shall be specified in each TO, as applicable:

• Type of order.

• Date of order.

• Contract and TO number.

• Applicable contract line item number(s) (CLINs).

• Description of the end item or service.

• DD Form 254 (Contract Security Classification) as appropriate.

• DD Form 1423 (Contract Data Requirements List).

• Place of performance.

• Contract type.

• Invoice and payment provisions to the extent not covered by the contract.

• Accounting and appropriation data.

• Delivery schedule or Period of Performance (PoP).

• Organizational Conflict of Interest provisions.

• Rights in Technical Data and Computer Software.

• Contract financing method. (Progress or Performance-based payments, as authorized)

TO period of performance.

The ordering period of performance for any TO may not exceed five years and five one year options from the date that the OMTS basic contracts were issued.

9. on-Ramp Procedures The Government is committed to obtaining competition at the task order level (i.e., receiving more than one proposal) and will be closely monitoring the extent of competition throughout the entire ordering period. In the event that the mix of the MATOC awardees does not foster competition, the Government may implement one or more on-ramp processes to solicit, evaluate and award additional IDIQ MATOC contracts.

10. Formal DOD Source Selection Procedures Do Not Apply to Task Order Competitions Conducted under the IDIQ MATOC The Government does not want to waste its industry partners’ bid and proposal dollars or Government resources. As a result, regardless of whether the Government uses a Lowest Price Technically Acceptable (LPTA), a Best Value Tradeoff approach, or a derivative thereof, the Government intends to streamline Task Order solicitations and conduct evaluations pursuant to FAR 16.505, i.e. TO solicitations are expected to contain fewer proposal submission requirements, a reduced number of pages, and will not be conducted using the formal source selection procedures of FAR subpart 15.3 or DFARS subpart 215.3.

However, each task order will delineate specific proposal instructions and evaluation criteria. The Government anticipates, but is not required, by the terms of this Request for Proposal (RFP), to use the adjectival ratings and definitions published in the then most current DoD Source Selection Procedures, as of the time of task order RFP release.

Because the streamlined task order evaluations do not use the formal source selection procedures of FAR subpart 15.3 or DFARS subpart 215.3, procedures such as a competitive range determination, pre-award notifications to offerors excluded from a competitive range, pre-award debriefings, oral or written discussions with all offerors within a competitive range, and requesting final proposal revisions from all offerors included within a competitive range are not required for task order competitions under the IDIQ MATOC. The identification of deficiencies and weaknesses, the Government’s questions and comments, and the offerors’ answers and responses do not and will not constitute discussions, clarifications, communications, or exchanges as used in FAR subpart 15.3.

11. Department of Labor Wage Rates For individual TOs written against the contract, if applicable, the current Department of Labor Wage Determination(s) will be provided.

12. Task Orders Should any MATOC awardee successfully propose and win a TO, but be unable to successfully perform the requirements of the TO, the Government reserves the right to terminate the TO and the remaining work will either be offered to the next highly rated proposal from the previous competition at the rates proposed from the previous competition, or be competed again amongst MATOC awardees. However, if termination of a TO occurs, any Contractor whose order was terminated for default will not be allowed to propose in the competition held for the remaining work that was removed from that Contractor.

Orders for services or work described herein may be issued by the Contracting Officer at any time during the effective term of this contract. Except as otherwise provided in a specific TO, the Contractor shall furnish all materials and services necessary to accomplish the work specified within each TO. The provisions of this agreement apply to all TOs issued and to the extent that any inconsistency between TOs and this agreement might take place, this agreement shall take precedence.

13. Task Order proposals MATOC awardees, Contractors will have no less than 10 calendar days to respond to TO Fair Opportunity Proposal Requests (FOPR). This deadline may be extended at the discretion of the Government. Extension of a deadline, if applicable, will be provided within the RFP for individual TOs.

14. Government Property, Materials, and Equipment The Contractors SHALL NOT be required to provide (or move) any building structures. The Contractor shall utilize the existing infrastructure and that infrastructure shall remain the property of the Government. All materials used in the execution of each task order issued against this MATOC contract shall become the property of the Government. Specific Government Furnished Property provided will be listed at the Task Order level.

15. Cooperation While it is not anticipated, there may be instances, based on awards of TOs, in which more than one MATOC awardee will be contracted to work on the same base/location. In such instances, it is the expectation of the Government for each Contractor to extend basic professional courtesy and peaceable interaction. Should an issue arise, the Government expects agreement to be reached without the assistance of the Government. Should the Government get involved and still be unable to mediate an agreement, it reserves the right to terminate one or both task orders.

Remaining work after termination will be handled as in paragraph 12 above.

16. Performance Based Requirements A task order awardee is required to meet all contract performance requirements, and if the requirements take more staffing or resources than proposed (without a change requested by the Government), the task order awardee is required to provide additional staffing or resources, at no increase in price, until all contract performance requirements are satisfactorily met.

CLIN INFORMATION

CLIN Structure Information:

All Contract Line Item Numbers (CLINs) within this base contract contain a nominal “Max Quantity” amount (refer to body of CLIN structure within this SF-1449 document for “Max Quantity” information). All Firm Fixed Price Contract Line Item Numbers (CLINs) within this base contract contain a nominal "Max Amount”.

This, nominal “Max Quantity” amount, is being done to facilitate administrative reporting requirements through various interfacing Government electronic reporting systems (e.g., Federal Procurement Data System - Next Generation, also known as FPDS-NG) as well as to facilitate the building of future task orders in Government contract writing software systems tied to this base Multiple Award Indefinite Delivery-Indefinite Quantity (IDIQ) Contract vehicle (MATOC or Multiple Award Contract). Of note, the nominal “Max Quantity” and "Max Amount" values tied to individual CLINs do NOT represent maximum order ceilings at the CLIN level. These MATOC line item amounts are displayed solely to support the aforementioned administrative purposes of reporting and future task order creation only. The shared ceiling value for this MATOC vehicle is $69.9M between all MATOC awardees, and will, unless otherwise adjusted via modification, remain in place throughout the life of this contract. Future task order amounts (in total) awarded against this base MATOC to individual MATOC awardees will be decremented from the overall $69.9M ceiling accordingly.

Expounding on the administrative purposes as outlined in the above, the aforementioned nominal CLIN values (“Max Quantity” and "Max Amount") within this MATOC vehicle are provided to populate Block 26 of the cover page of this SF-1449 award document (without the value of unexercised option line items; unexercised option line items and the associated value will populate within Block 26 of the SF-1449 cover page upon exercise via future MATOC IDIQ modification). In addition, nominal CLIN values (“Max Quantity” and "Max Amount") within this IDIQ vehicle (inclusive of unexercised options) are also provided to support FPDS-NG reporting (i.e., with the corresponding FPDS-NG Contract Action Report reflecting the total MATOC IDIQ ceiling amount of $69.9M). Thirdly, nominal CLIN values (“Max Quantity” and "Max Amount") within this IDIQ vehicle are provided in order to facilitate systemic processing of future Task Orders via Government contract writing software systems.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Each

POST AWARD CONFERENCE

FFP

FOB: Destination

PSC CD: R425

NET AMT

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0002 UNDEFINED

Labor Services

FFP

5 YEAR ORDERING PERIOD

This CLIN establishes labor services for the ordering period in accordance with the Performance Work Statement (PWS).

Specific requirements and pricing will be set forth in each task order.

MAX

UNIT UNIT PRICE MAX AMOUNT

0002AA 24,412,183 Each Labor-RDT&E Funding

FFP

UNIT UNIT PRICE MAX AMOUNT

0002AB 1,204,149 Each Labor- O&M Funding

FFP

UNIT UNIT PRICE MAX AMOUNT

0003 UNDEFINED Each ODC- Travel- Fund Type TBD

COST

This CLIN establishes Other Direct Costs (ODC) - Travel for the ordering period in accordance with the Performance Work Statement (PWS).

MAX COST

UNIT UNIT PRICE MAX AMOUNT

0004 10,000

CDRLS

FFP

Data Deliverables shall be IAW the PWS and the DD 1423 Contract Data Requirements List (CDRL). The offeror should not fill in this CLIN. The Data Deliverables shall be NOT SEPARATELY PRICED.

Overtime

COST

This CLIN establishes Other Direct Costs (ODC) - overtime for the ordering period in accordance with the Performance Work Statement (PWS).

ESTIMATED COST

UNIT UNIT PRICE MAX AMOUNT

1002 UNDEFINED

OPTION Labor Services

FFP

1st OPTION PERIOD

This CLIN establishes labor services for the ordering period in accordance with

UNIT UNIT PRICE MAX AMOUNT

1002AA 5,330,512 Each OPTION Labor-RDT&E Funding

FFP

UNIT UNIT PRICE MAX AMOUNT

1002AB 262,931 Each OPTION Labor- O&M Funding

FFP

UNIT UNIT PRICE MAX AMOUNT

1003 UNDEFINED Each OPTION ODC- Travel- Fund Type TBD

COST

This CLIN establishes Other Direct Costs (ODC) - Travel for the ordering period

UNIT UNIT PRICE MAX AMOUNT

1004 10,000 Each

OPTION CDRLS

FFP

Data Deliverables shall be IAW the PWS and the DD 1423 Contract Data Requirements List (CDRL). The offeror should not fill in this CLIN. The Data Deliverables shall be NOT SEPARATELY PRICED.

OPTION Overtime

COST

This CLIN establishes Other Direct Costs (ODC) - overtime for the ordering

UNIT UNIT PRICE MAX AMOUNT

2002 UNDEFINED

OPTION Labor Services

FFP

2nd OPTION PERIOD

This CLIN establishes labor services for the ordering period in accordance with

UNIT UNIT PRICE MAX AMOUNT

2002AA 5,490,427 Each OPTION Labor-RDT&E Funding

FFP

UNIT UNIT PRICE MAX AMOUNT

2002AB 270,819 Each OPTION Labor- O&M Funding

FFP

UNIT UNIT PRICE MAX AMOUNT

2003 UNDEFINED Each OPTION ODC- Travel- Travel - Fund Type TBD

COST

This CLIN establishes Other Direct Costs (ODC) - Travel for the ordering period

UNIT UNIT PRICE MAX AMOUNT

2004 10,000 Each

OPTION CDRLS

FFP

Data Deliverables shall be IAW the PWS and the DD 1423 Contract Data Requirements List (CDRL). The offeror should not fill in this CLIN. The Data Deliverables shall be NOT SEPARATELY PRICED.

OPTION Overtime

COST

This CLIN establishes Other Direct Costs (ODC) - overtime for the ordering

UNIT UNIT PRICE MAX AMOUNT

3002 UNDEFINED

OPTION Labor Services

FFP

3RD OPTION PERIOD

This CLIN establishes labor services for the ordering period in accordance with

UNIT UNIT PRICE MAX AMOUNT

3002AA 5,655,772 Each OPTION Labor-RDT&E Funding

FFP

UNIT UNIT PRICE MAX AMOUNT

3002AB 278,312 Each OPTION Labor- O&M Funding

FFP

UNIT UNIT PRICE MAX AMOUNT

3003 UNDEFINED Each OPTION ODC- Travel- Fund Type TBD

COST

This CLIN establishes Other Direct Costs (ODC) - Travel for the ordering period

UNIT UNIT PRICE MAX AMOUNT

3004 10,000 Each

OPTION CDRLS

FFP

Data Deliverables shall be IAW the PWS and the DD 1423 Contract Data Requirements List (CDRL). The offeror should not fill in this CLIN. The Data Deliverables shall be NOT SEPARATELY PRICED.

OPTION Overtime

COST

This CLIN establishes Other Direct Costs (ODC) - overtime for the ordering

UNIT UNIT PRICE MAX AMOUNT

4002 UNDEFINED

OPTION Labor Services

FFP

4TH OPTION PERIOD

This CLIN establishes labor services for the ordering period in accordance with

UNIT UNIT PRICE MAX AMOUNT

4002AA 5,824,794 Each OPTION Labor- RDT&E Funding

FFP

UNIT UNIT PRICE MAX AMOUNT

4002AB 287,312 Each OPTION Labor- O&M Funding

FFP

UNIT UNIT PRICE MAX AMOUNT

4003 UNDEFINED

OPTION ODC- Travel- Fund Type TBD

COST

This CLIN establishes Other Direct Costs (ODC) - Travel for the ordering period

UNIT UNIT PRICE MAX AMOUNT

4004 10,000 Each

OPTION CDRLS

FFP

Data Deliverables shall be IAW the PWS and the DD 1423 Contract Data Requirements List (CDRL). The offeror should not fill in this CLIN. The Data Deliverables shall be NOT SEPARATELY PRICED.

OPTION Overtime

COST

This CLIN establishes Other Direct Costs (ODC) - overtime for the ordering

UNIT UNIT PRICE MAX AMOUNT

5002 UNDEFINED

OPTION Labor Services

FFP

5TH OPTION PERIOD

This CLIN establishes labor services for the ordering period in accordance with

UNIT UNIT PRICE MAX AMOUNT

5002AA 5,999,538 Each OPTION Labor-RDT&E Funding

FFP

UNIT UNIT PRICE MAX AMOUNT

5002AB 295,932 Each OPTION Labor- O&M Funding

FFP

UNIT UNIT PRICE MAX AMOUNT

5003 UNDEFINED Each OPTION ODC- Travel - Fund Type TBD

COST

This CLIN establishes Other Direct Costs (ODC) - Travel for the ordering period

UNIT UNIT PRICE MAX AMOUNT

5004 10,000 Each

OPTION CDRLS

FFP

Data Deliverables shall be IAW the PWS and the DD 1423 Contract Data Requirements List (CDRL). The offeror should not fill in this CLIN. The Data Deliverables shall be NOT SEPARATELY PRICED.

OPTION Overtime

COST

This CLIN establishes Other Direct Costs (ODC) - overtime for the ordering

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 N/A N/A N/A N/A 0002AA Destination Government Destination Government 0002AB Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 N/A N/A N/A Government 1002 N/A N/A N/A N/A

1002AA Destination Government Destination Government 1002AB Destination Government Destination Government 1003 Destination Government Destination Government 1004 Destination Government Destination Government 1005 N/A N/A N/A Government 2002 N/A N/A N/A N/A 2002AA Destination Government Destination Government 2002AB Destination Government Destination Government 2003 Destination Government Destination Government 2004 Destination Government Destination Government 2005 N/A N/A N/A Government 3002 N/A N/A N/A N/A 3002AA Destination Government Destination Government 3002AB Destination Government Destination Government 3003 Destination Government Destination Government 3004 Destination Government Destination Government 3005 N/A N/A N/A Government 4002 N/A N/A N/A N/A 4002AA Destination Government Destination Government 4002AB Destination Government Destination Government 4003 Destination Government Destination Government 4004 Destination Government Destination Government 4005 N/A N/A N/A Government 5002 N/A N/A N/A N/A 5002AA Destination Government Destination Government 5002AB Destination Government Destination Government 5003 Destination Government Destination Government 5004 Destination Government Destination Government 5005 N/A N/A N/A Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

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

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

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

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

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

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

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

1002 N/A N/A N/A N/A

1002AA N/A N/A N/A N/A

1002AB N/A N/A N/A N/A

1003 N/A N/A N/A N/A

1004 N/A N/A N/A N/A

1005 N/A N/A N/A N/A

2002 N/A N/A N/A N/A

2002AA N/A N/A N/A N/A

2002AB N/A N/A N/A N/A

2003 N/A N/A N/A N/A

2004 N/A N/A N/A N/A

2005 N/A N/A N/A N/A

3002 N/A N/A N/A N/A

3002AA N/A N/A N/A N/A

3002AB N/A N/A N/A N/A

3003 N/A N/A N/A N/A

3004 N/A N/A N/A N/A

3005 N/A N/A N/A N/A

4002 N/A N/A N/A N/A

4002AA N/A N/A N/A N/A

4002AB N/A N/A N/A N/A

4003 N/A N/A N/A N/A

4004 N/A N/A N/A N/A

4005 N/A N/A N/A N/A

5002 N/A N/A N/A N/A

5002AA N/A N/A N/A N/A

5002AB N/A N/A N/A N/A

5003 N/A N/A N/A N/A

5004 N/A N/A N/A N/A

5005 N/A N/A N/A N/A

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions JUN 2020 52.203-3 Gratuities APR 1984 52.203-6 Alt I Restrictions On Subcontractor Sales To The Government

(JUN 2020) -- Alternate I

OCT 1995

52.203-12 Limitation On Payments To Influence Certain Federal Transactions

JUN 2020

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights

JUN 2020

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

Content Paper

MAY 2011

52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-17 Ownership or Control of Offeror AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-20 Predecessor of Offeror AUG 2020 52.204-21 Basic Safeguarding of Covered Contractor Information

Systems

JUN 2016

52.204-22 Alternative Line Item Proposal JAN 2017 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

AUG 2020

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

JUN 2020

52.209-7 Information Regarding Responsibility Matters OCT 2018 52.209-9 Updates of Publicly Available Information Regarding

Responsibility Matters

OCT 2018

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.212-1 Instructions to Offerors--Commercial Items JUN 2020 52.212-3 Alt I Offeror Representations and Certifications--Commercial

Items (FEB 2021) Alternate I

OCT 2014

52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.216-27 Single or Multiple Awards OCT 1995 52.217-5 Evaluation Of Options JUL 1990 52.219-6 Notice Of Total Small Business Set-Aside NOV 2020 52.219-8 Utilization of Small Business Concerns OCT 2018 52.219-13 Notice of Set-Aside of Orders MAR 2020 52.219-14 (Dev) Limitations on Subcontracting (DEVIATION 2020-O0008) MAR 2020 52.219-28 Post-Award Small Business Program Rerepresentation NOV 2020 52.222-3 Convict Labor JUN 2003

52.222-19 Child Labor -- Cooperation with Authorities and Remedies JAN 2020 52.222-24 Preaward On-Site Equal Opportunity Compliance Evaluation FEB 1999 52.222-42 Statement Of Equivalent Rates For Federal Hires MAY 2014 52.222-43 Fair Labor Standards Act And Service Contract Labor

Standards - Price Adjustment (Multiple Year And Option Contracts)

AUG 2018

52.222-50 Combating Trafficking in Persons OCT 2020 52.223-6 Drug-Free Workplace MAY 2001 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

JUN 2020

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

DEC 2016

52.224-1 Privacy Act Notification APR 1984 52.224-2 Privacy Act APR 1984 52.224-3 Alt I Privacy Training (JAN 2017) -Alternate I JAN 2017 52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.227-1 Authorization and Consent JUN 2020 52.227-2 Notice And Assistance Regarding Patent And Copyright

Infringement

JUN 2020

52.227-3 Patent Indemnity APR 1984 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.229-3 Federal, State And Local Taxes FEB 2013 52.232-1 Payments APR 1984 52.232-8 Discounts For Prompt Payment FEB 2002 52.232-17 Interest MAY 2014 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-1 Disputes MAY 2014 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.237-3 Continuity Of Services JAN 1991 52.242-13 Bankruptcy JUL 1995 52.245-1 Government Property JAN 2017 52.245-9 Use And Charges APR 2012 52.246-25 Limitation Of Liability--Services FEB 1997 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense- Contract-Related Felonies

DEC 2008

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7003 Agency Office of the Inspector General AUG 2019 252.203-7004 Display of Hotline Posters AUG 2019 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7000 Disclosure Of Information OCT 2016 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

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

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

DEC 2019

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

MAY 2016

252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation

DEC 2019

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation

DEC 2019

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

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

MAY 2019

252.211-7007 Reporting of Government-Furnished Property AUG 2012 252.219-7003 Small Business Subcontracting Plan (DOD Contracts) DEC 2019 252.219-7009 Section 8(a) Direct Award OCT 2018 252.219-7010 Notification of Competition Limited to Eligible 8(a)

Participants -- Partnership Agreement

OCT 2019

252.223-7004 Drug Free Work Force SEP 1988 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7974 (Dev) Representation Regarding Business Operations with the

Maduro Regime (DEVIATION 2020-O0005)

FEB 2020

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

APR 2019

252.227-7015 Technical Data--Commercial Items FEB 2014 252.227-7025 Limitations on the Use or Disclosure of Government-

Furnished Information Marked with Restrictive Legends

MAY 2013

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

Reports

DEC 2018

252.232-7007 Limitation Of Government's Obligation APR 2014 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

252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JAN 2021 252.245-7001 Tagging, Labeling, and Marking of Government-Furnished

Property

APR 2012

252.245-7002 (Dev) Reporting Loss of Government Property (DEVIATION 2020- O0004)

JAN 2021

252.245-7003 Contractor Property Management System Administration APR 2012 252.245-7004 Reporting, Reutilization, and Disposal DEC 2017 252.246-7004 Safety of Facilities, Infrastructure, and Equipment for

Military Operations

OCT 2010

CLAUSES INCORPORATED BY FULL TEXT

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2020)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 541690.

(2) The small business size standard is $16,500,000.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

( X) Paragraph (d) applies.

( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.204-26, Covered Telecommunications Equipment or Services--Representation. This provision applies to all solicitations.

(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations--Representation.

(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(x) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.

(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xvi) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xxi) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $83,099, the provision with its Alternate II applies.

(D) If the acquisition value is $83,099 or more but is less than $100,000, the provision with its Alternate III applies.

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.

(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.

(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

X (i) 52.204-17, Ownership or Control of Offeror.

X (ii) 52.204-20, Predecessor of Offeror.

(iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.

(v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.

(vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA- Designated Products (Alternate I only).

(vii) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

(viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The Offeror has completed the annual representations and certifications electronically in SAM accessed through https://www.sam.gov. After reviewing the SAM information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [ offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

(End of provision)

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 https://www.sam.gov/ 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)…

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