N0016724Q0126 CSS.docx

N0016724Q0126

Center Carderock Division (NSWCCD) This is a combined synopsis/solicitation for commercial items prepared in accordance with Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation that Naval Surface Warfare Center Carderock Division (NSWCCD) intends to issue, and is a Request for Quotes (RFQ) for the following Supplies and/or Services.

NSWCCD Code 805X has a requirement to procure services to conduct training for NAVSEA and other designated faculty in teaching and using leadership, team, and organization development methods, tools and their interfaces with related technical topics. This will be under a three (3) years Blanket Purchase Agreement (BPA) duration.

The provisions and clauses included and/or incorporated in this solicitation document are those in effect through the Federal Acquisition Circular. This RFQ incorporates all provisions and clauses in effect through Federal Acquisition Circular FAC 2024-04 effective 05/01/2024 located on https://www.acquisition.gov/?q=browsefar and the Defense Federal Acquisition Regulation Supplement (DFARS) DPN 20240425 effective 04/25/2024 located at https://www.acq.osd.mil/dpap/dars/change_notices.html. SEE ATTACHED SOLICITATION FOR CLAUSES AND PROVISIONS. The NAICS code is 611430 and the associated PSC code is U008, and the Small Business Standard is 15M for this procurement: NOTE: A Class Waiver is not applicable to a procurement unless the NAICS code, PSC, and NAICS Code Descriptor currently in effect, match the item(s) being procured. This procurement IS being set-aside for small business.

It is anticipated one firm-fixed price purchase order will be issued in response to this RFQ. All responses shall include price(s), FOB point, a point of contact, name and phone number, GSA contract number (if applicable), and business size. Each response must clearly indicate the capability of the quoter to meet all specifications and requirements.

Offers/quotes submitted in response to this solicitation shall not contain nor be subject to the offeror's/vendor's standard commercial terms and conditions. Any offer/quote submitted in response to this solicitation which includes the offeror's/vendor's standard commercial terms and conditions may be considered a material defect and may be rejected as being non-responsive to the solicitation.

Responses to this notice are due on or before 12:00 PM on 22 May 2024, Eastern Daylight Time (EST) to arnel.a.ngo.civ@us.navy.mil.

Point of Contact for this notice is Arnel Ngo, 757-469-6784, arnel.a.ngo.civ@us.navy.mil.

N0016724Q0126

PERFORMANCE WORK STATEMENT (PWS)

Leadership, Team and Organizational Learning, and Related Technical Services to Improve Technical Execution, Digital Transformation Capabilities in addition to Program Performance at NSWCCD and within NAVSEA

1. DESCRIPTION OF SERVICES/INTRODUCTION

Contractor services are needed to support the development of a large, complex, dynamic, multidisciplinary workforce within NAVSEA. Specifically, Naval Sea systems command (NAVSEA) requires subject matter experts consulting, training, and other mission assist activities as requested by various NAVSEA Directorates, including NSWC CD, PEO Ships, PEO Submarines, PEO Columbia, and PEO IWS.

2. Background The complexity and dynamic nature of transitioning a workforce to a more collaborative and digital environment while improving technical rigor and excellence makes it essential that complex thinking, leadership, and related technical skills be widely distributed throughout the enterprise. The rate of learning needed to successfully lead and manage these enterprises through dynamic periods and episodes of change requires people to develop new skills, practices, methods, while using updated tools and tapping the knowledge of others within and external to their enterprises. Additionally, they must build organizational wisdom, affect positive culture change, and apply their learning to increase mission impact and other desired organizational outcomes.

3. Requirements The contractor shall provide subject matter expert consultants, facilitators, mentors, and instructors to perform the following tasks and meet the following criteria in support of NAVSEA:

3.1. Instruction

3.1.1. As needed, the contractor shall conduct training for NAVSEA and other designated faculty in teaching and using leadership, team, and organization development methods, tools and their interfaces with related technical topics.

3.1.2. The contractor shall develop and provide training materials to be left behind with students for reference during and after course completion. (pdf, pptx, printouts, handbooks, etc.).

3.1.3. In addition to the tailoring of training materials and classroom training, the contractor shall facilitate post-training sessions (practicums) for the participants to ensure they are qualified, proficient, and comfortable in the use of the tools and facilitation methods.

3.1.4. Subsequently, the contractor shall observe (on a sampling basis) the use of the training they provided in contractor-led training, consulting, and research engagements.

3.2. Credentials

3.2.1. The vendor shall provide an instructor that holds an advanced degree in a scientific or engineering related field from an accredited institution with the United States, Europe, or Great Britain.

3.2.2. The vendor shall provide an instructor that possess at least 15 years of experience applying subject matter applicable to the courses sought.

3.2.3. The vendor shall provide an instructor that has experience teaching as at least an adjunct status at least 2 separate ABET accredited institutions.

3.2.4. Contractor shall provide a means for the NSWCCD Point of Contact (POC) or Alternate POC to be able to contact the on-site trainer via cell phone or pager, at any time during the training or responsible for conducting business, between the hours of 0700 - 1700 (7:00 A.M. - 5:00 P.M.) Monday through Friday, except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings.

3.2.5. All trainers working under this contract must be U.S. Citizens and must be able to pass required background checks to be authorized unescorted access to the Carderock and/or Combatant Craft facilities.

3.3. Curricula: At a minimum the following course curricula should be provided and available for scheduling:

3.3.1. The vendor shall provide courses in Applied Project management where practical tools and techniques needed deliver value to stakeholders and customers while balancing cost, schedule, performance, and risk are discussed. Application of knowledge, skills, tools, and techniques through five linked processes for initiating, planning, executing, controlling, and closing work to meet a set of defined requirements are taught. Examination of project definition, work breakdown, resource estimating, critical path development, scheduling, project monitoring and control, along with stakeholder and scope management are discussed. Hands-on exercises should be used to help attendees effectively manage complex projects.

3.3.2. The vendor shall provide courses in Applied Systems Engineering where Applied Systems Engineering examines the practical application of the systems engineering processes throughout the systems lifecycle. The course should focus on developing the relevant knowledge and skills needed to apply systems engineering tools and techniques within a project environment to produce effective systems engineering. Using a combination of lecture, interactive discussions and group exercises, the course presents a detailed review of 17 major systems engineering processes within three major categories: Design, Realization and Systems Engineering Management. A detailed end-to-end system development case study is used to translate theory to practice by illustrating detailed how-to examples for achieving and establishing each major technical baseline throughout the lifecycle.

3.3.3. The vendor shall provide courses in Applied Model based Systems Engineering where a broad introduction to the why, what and how of the processes, practices, tools and techniques that comprise this emerging discipline, a foundation for MBSE practice by examining modeling SE as well as ontologies, languages and architectural frameworks; focus on applications by examining each key part of systems engineering--Design, Manage, Realize--to see how and what to model during each phase, focus on MBSE model creation; a guide through how to build a system model "from scratch" leveraging design patterns and other techniques. Model curation and re-use (configuration management) should also discussed along with approaches to evaluating and selecting MBSE tools. The course should make extensive use of “learn by doing” through hands-on exercises that emphasize practical applications to be coordinated with the scheduling customer (office).

3.3.4. The vendor shall provide courses in Applied Mission Engineering where the deliberate planning, analysis, organization, and integration of current and emerging operational and system capabilities to achieve desired mission effects. A top-down, approach should be taken on the systems engineering approach to enhance current capabilities, integrate new technologies, facilitate system interdependencies, and define architectures to guide the development of prototypes, experiments, and systems of systems for specific reference missions and to close overall mission capability gaps. Attendees should explore systems, and systems of systems, in an operational mission context to inform stakeholders about building the right things, not just building things right, by guiding capability maturation to address mission needs. A focus on threaded example organized around DoDAF/UPDM and other frameworks should be used to illustrate the practical application of ME tools and techniques. The course should exercise and challenge participants to apply ME to real-world problems through incorporation of the Integrated Capability Framework)

3.3.5. The vendor shall provide courses in Foundations of Digital Engineering where knowledge workers on the front lines of digital transformation are prepared to navigate this paradigm shifting transition. The course begins by examining the elements of the “Digital Trinity”—Agile, Open Architecture and Digital Engineering—and their interdependencies. Digital Engineering (DE) principles and practices should be explored in greater detail starting with Model-Based Systems Engineering (MBSE). As the “model of the models,” MBSE serves a core function in the DE ecosystem. To understand its broader application, ontologies, languages, and frameworks are discussed. Model development, validation and curation should also be described. Importance and challenge of defining and managing an Authoritative Source of Truth (ASOT) should be explored. The application of these tools within the enterprise then becomes the focus as examples of current ecosystems and the promise of Artificial Intelligence and Machine Learning (AI/ML) to enhance the power of DE should be presented. All of these capabilities require a robust digital working environment leading to an examination of the IT and DevSecOps challenges that entails. Finally, an examination of the INCOSE digital transformation metrics should prepare participants to apply these to understand the current state and next steps for their organization.

3.3.6. The vendor shall provide courses in Scaled Agile Framework: Leading SAFe where the critical, foundational knowledge and skills managers and leaders need to create the change SAFe can deliver to organizations. The course shall introduce the foundations of SAFe, including the principles and practices to drive a Lean-Agile transformation. Specific guidance and tools should be introduced to lead SAFe effectively, either onsite or in remote environments with distributed teams. The focus should be on transformation efforts, enterprise risk assessments, the transition between new and legacy products and services, to increase end-to-end efficiency. Course examples should highlight how Agile methods support the continuous delivery of value, learning-based increment planning and execution, while considering the connection with legacy waterfall development to support an integrated, digital understanding of complex systems. Leading SAFe helps you become the Change Agent your organization needs.

3.3.7. The vendor shall provide courses in Scaled Agile Framework: SAFe for Teams where participants build the skills needed to become a high-performing team member of an Agile Release Train (ART) and learn how to collaborate effectively with other teams by becoming a SAFe® 5 Practitioner. The course should enable teams to gain an in-depth understanding of the ART, how it delivers value, and what is needed to effectively perform key roles using Scrum, Kanban, and Extreme Programming (XP), learn how to write clear user stories and break down features, plan with priority and execute iterations-short cycles of work that deliver value, facilitate retrospectives, and plan Program Increments (PIs) with the team. Participants should learn about the continuous delivery pipeline, and DevOps culture, including how to effectively integrate with other teams in the program, build in quality, optimize project dependencies, reduce risk and learn what it takes to continuously improve the train through communication, innovation, and reduction of impediments. The course should also give participants the guidance and tools needed to work effectively in remote environments with distributed teams. Get the most out of your learning experience by taking it in context with a government organization and team, or other teams on your ART.

3.3.8. The vendor shall provide courses in Scaled Agile Framework: Scaled-Agile Framework (SAFe) for Architects should enable architects to play a key role in the trio of leaders that includes product managers and the Release Train Engineer. The course should train individuals to work together to execute programs and guide Agile Release Trains (ARTs) to enable continuous value flow. The course should also provide the context you need to align architecture with business value and provide an understanding as to how system, solution, and enterprise architects collaboratively deliver architectural solutions. The course participants should receive the guidance and tools needed to work effectively in remote environments with distributed teams.

3.3.9. The vendor shall provide courses in Modeling and Simulation where the course begins by building foundational knowledge of the basic types and behaviors of system models. The application of models in different technical domains are examined to find common attributes and challenges. Model validation is examined in detail to understand approaches to ensuring models are believable and useful. The course should introduce various modeling environments including MatLab/Simulink, Model Center and others. Hands-on activities with basic models should be used to reinforce course learning objectives.

3.3.10. The vendor shall provide courses in System verification and Validation where participants are provided with the knowledge, processes, and tools necessary to implement (or evaluate) a credible verification and validation program, including applicable defense standards. The technical journey from design requirements to requirements validation, model validation, verification planning, environmental testing and system evaluation is described in detail with numerous real-world examples with reference to agency and international standards. Emphasis should be placed on practice over theory using a fully functional (hardware and software) desk-top prototypes as the system of interest. This desk-top prototype should have all of the major subsystems of any operational system and serves as a testbed/instructional tool and learning laboratory throughout the course. Participants should be introduced to the hardware and software associated with a system of interest, along with an end-to-end set of requirements, constraints, plans, and procedures. Participants should be provided with key lectures and resources and asked to use these processes, tools, and information to evaluate verification and validation plans and then implement them in a hands-on laboratory where they will learn by doing.

3.4. Workshops

3.4.1. Mission Engineering Workshop that provides participants who already have some background in Mission Engineering or Military Effectiveness the opportunity to apply this knowledge through guided exercises. Working in teams, participants will be given basic mission needs and must develop a viable solution architecture to meet those needs within stated constraints. The teams are guided through a structured system engineering approach to define a mission concept and supporting mission architecture. A minimum of in-class lecture provides just-in-time learning with concrete examples to keep participants engaged. The product of the design exercise is a Mission Concept Review presentation where the participants are given the opportunity to outline and defend their design decisions. The Mission Engineering Workshop provides a practical opportunity to apply mission engineering techniques in a non-threatening, real-world environment.

3.4.2. Project Accelerator Workshop designed to rapidly take a team’s ideas from concept to executable action plan in only a few days. The workshop is aimed at intact teams who already have a project or mission concept but are struggling to take those first crucial steps toward realizing their vision. With just-in-time instruction on solution architecting, systems engineering and agile practices and processes your team will build a road map for success. By the end of the workshop, the team will have identified project measures of effectiveness, concept of operations, key performance parameters, solution architecture trade-offs, along with implementation and deployment plans. The team will leave with a backlog of action items and a strategy for implementation.

3.4.3. Agile Coaching Workshop that provides participants who already have foundational agile training an opportunity to apply these techniques to real-world product development and operations. The workshop can be tailored to address the specific issues a team or team of teams are experiencing including: teamwork, solution architecture development, feature and story definition, iteration/sprint or program increment planning. Participants are able to bring their own agile planning tools or the workshop can provide some basic tools to facilitate planning and execution. Certified Scaled Agile Framework (SAFe) project consultants (SPC’s) and Scrum Masters will guide your team throughout the workshop to achieve your goals and address your issues.

3.4.4. Integrated Hardware/Software Engineering Workshop that provides participants with the necessary skill, industry standards, information, and tools necessary to plan and implement a credible Hardware/Software Prototype Development Program. Emphasis is on practice over theory using a fully functional (hardware and software) desktop (non-flight) Prototypes as the system of interest. The course follows the progression of a hypothetical platform mission designed to deliver some form of utility. The prototype shall serve as an end-to-end system engineering and project management training platform to examine issues that develop during each phase of a project lifecycle. The course shall be organized along the lines of a real mission capability development, starting with Pre-Phase A concept development and then progressing from Phase A to D, introducing systems engineering artifacts that would be developed at each major milestone. The mission and the desktop platform prototype shall serve as an end-to-end instructional tool throughout the workshop giving participants hands-on experience with simulation hardware and software.

3.5. Format

3.5.1. The vendor shall provide training in a modular format that allows for building of a cohort leading to a capstone course.

3.5.2. The Vendor shall provide variable pricing based on number of students starting with a minimum of 15 up to at least 40 with increments of 5 in between.

3.5.3. The vendor shall provide a tailorable curricula that incorporates command specific projects as outlined by the training coordinator.

3.5.4. The vendor shall provide training in a virtual format when requested as outlined by the training coordinator.

3.5.5. The vendor shall provide training in-person format when requested as outlined by the training coordinator.

3.5.6. The vendor shall provide training and workshops on platforms capable of hosting up to IL5 data when specific project data contains Controlled Unclassified information or Controlled Technical Information. (i.e. FlankSpeed (Naval MS365 to include teams), Zoom for government, NSERC environments).

3.6. Digital Engineering Related Content

3.6.1. The vendor shall incorporate training in LML into training curricula as requested by the training coordinator.

3.6.2. The vendor shall incorporate training in SysML into training curricula as requested by the training coordinator.

3.6.3. The vendor shall incorporate Innoslate training into training curricula as requested by the training coordinator.

3.6.4. The vendor shall incorporate preapproved No Magic (Dassault Systems) MBSE products (e.q. Magic Systems of Systems Modeler, Cameo System Modeler, or Cameo Systems Architect) training into training curricula as requested by the training coordinator.

BPA TERMS AND CONDITIONS

1. The service provider who is awarded the Blanket Purchase Agreement (BPA) shall provide various Engineering Training Classes as described in the Performance Work Statement (PWS) provided in the solicitation and stated on CLIN 0001.

2. Extent of obligation: The Government is obligated only when purchases are requested by an authorized contracting officer for the duration of the BPA.

3. Pricing: The prices to the Government shall be as low as or lower than those charged to the contractor’s most favored customer. Purchases under the awarded BPAs will be made under the authority of Title 10 U.S.C. 2304(a), and in accordance with FAR 13.303-5 and DFARS 213.303-5.

4. Purchase limitation: The total of all BPA Calls may not exceed the total ceiling price. BPA Master Dollar Ceiling: $240,000.00.

5. Individuals authorized to purchase under the BPA: The Contracting Officers of Naval Surface Warfare Center-Carderock Division (NSWCCD) Code 02 Contracting Department are the only authorized individuals to order against this BPA.

6. Place of Performance: The anticipated place of performance is a mix of the government ’s local facility and virtual as required.

7. Period of Performance: The period of performance is May 30, 2024 to May 29, 2027 or three (3) years from the award date of this agreement, or until the total of all Calls (Ceiling) is reached, whichever occurs first. The Government is obligated only to the extent of authorized purchases/calls actually made under the BPA. Period of Performance: TBD

8. Price Reasonableness: Price reasonableness shall be determined at the BPA Master Agreement Level.

For evaluation purposes, provide a price for each one of the class sizes:

Applied Project Management

Applied Systems Engineering

Applied Model based Systems Engineering

Applied Mission Engineering

Foundations of Digital Engineering

Scaled Agile Framework: Leading SAFe

Scaled Agile Framework: SAFe for Teams

Scaled Agile Framework: Scaled-Agile Framework (SAFe) for Architects

Modeling and Simulation

System verification and Validation

Mission Engineering Workshop

Project Accelerator Workshop

Agile Coaching Workshop

Integrated Hardware/Software Engineering Workshop

9. Invoices: All invoices shall be submitted electronically through DoD Wide Area Workflow Receipt and Acceptance (WAWF) system following instructions provided in clause 252.232-7006 Invoice Instructions (NSWCCD). All payments will be made through electronic funds transfer (EFT).

10. Technical Point of Contact: NSWCCD assigned technical point of contact will review invoices for payment per each call against this BPA (See G-242-H001).

11. Accounting: NSWCCD Accounting and Appropriation data will be included in each call placed under this BPA

12. Product Classification Code: The PSC allowed for ordering against this BPA is U008, NAICS: 611430.

13. Miscellaneous: Each BPA Call shall utilize a PWS, and will include applicable attachments (CDRLs).

Engineering Training

FFP

Provide Engineering Training Classes in accordance with the Performance Work Statement (PWS). This is for a three (3) year Blanket Purchase Agreement (BPA) duration.

***Please provide pricing offer in the spreadsheet located under Item 8 of the BPA Terms and Conditions.***

FOB: Destination

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

29-MAY-2027

NO CONTACT IDENTIFIED

9500 MACARTHUR BLVD

WEST BETHESDA MD 20817

FOB: Destination N00167

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

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

(a) Definitions. As used in this provision-

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

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

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

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

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

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

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

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

(d) 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 (NOV 2021)

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

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

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

Covered telecommunications equipment or services means--

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

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

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

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

Critical technology means--

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

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

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

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

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

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

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

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act 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 products or commercial services.

(End of clause)

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

2020)

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

(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) Representations.

(1) 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.

(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 any equipment, system, or service that uses covered telecommunications equipment or services.

52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(a) The Government intends to award a contract to the responsible quoter who (1) is the Lowest Price Technically Acceptable quotation, (2) conforms to the solicitation, (3) proposes a price that is fair and reasonable, and (4) will be most advantageous to the Government, price and other factors considered.

The following factors shall be used to evaluate quotations:

Factor 1 Price

Quotes must include a proposed price for each Contract Line Item Number (CLIN). The Government will determine prices to be fair and reasonable in accordance with FAR Part 13.106-3 based on, but limited to, market research, current or previous purchases, prices for similar performance in a related industry, and comparison to an independent Government estimate.

Quoters responding to this solicitation are advised that, prior to award, the Government may request quoters to submit information/data to support price reasonableness such as copies of paid invoices for the same or similar items, sales history for the same or similar items, price list with effective date and/or copies of catalog pages along with any applicable discounts.

Factor 2 Technical Capability/Approach

The Government will evaluate the Quoter for acceptability of Technical Capability.

Minimum Requirements:

The following are the minimum requirements a quote must meet to be deemed acceptable for the Technical Capability factor:

1) A quote is deemed acceptable for the Technical Capability factor if it meets all requirements as defined in the solicitation Performance Work Statement (PWS)/Statement of Work (SOW) and/or minimum specifications.

2) Technical Capability/Approach evaluations will result in one of the following ratings:

TABLE 1 - TECHNICAL RATINGS

A quote must be rated "ACCEPTABLE" for the quote to be eligible for award. An "UNACCEPTABLE" rating for Technical Capability/Approach factor will result in the entire quote being rated "UNACCEPTABLE" overall; an overall rating of "UNACCEPTABLE" makes a quote ineligible for award. A quote must contain sufficient information to enable evaluators to determine acceptability; if there is insufficient information to determine acceptability of the quote, the quote will be rated “UNACCEPTABLE” overall.

The Government reserves the right to request that the awardee reduce its total price, or adjust CLIN prices with no change to total price, in order to reduce administrative costs and avoid unnecessary burdens for the agency pursuant to FAR 13.002.

QUESTIONS: Any questions in relation to this solicitation shall be submitted to Arnel Ngo email at arnel.a.ngo.civ@us.navy.mil.

The cut-off date for questions is 12:00 PM EST on 15 May, 2024.

(b) Options. N/A

(c) The Government shall mail or email a written notice of award to the successful quoter. Upon receipt, the quoter shall either commence performance, or have an authorized representative sign the award and return it to the Contracting Officer; a binding contract is formed upon the earlier of either of those actions.

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JUN 2023)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services…