N0016724Q0228 HPC Clusters CSS_Final.pdf

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.

The Hull Response and Protection Branch, Code 664, at the Naval Surface Warfare

Center, Carderock Division (NSWCCD), West Bethesda, MD, requires a contract for purchase of the materials/services needed for a new high-performance computing (HPC) cluster to be installed at NSWCCD’s facility at Olney, in Gaithersburg, MD.

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 2024-05 effective 05/22/2024 located on https://www.acquisition.gov/?q=browsefar and the Defense Federal Acquisition Regulation

Supplement (DFARS) DPN 20240425 effective 05/25/2024 located at https://www.acq.osd.mil/dpap/dars/change_notices.html. SEE ATTACHED SOLICITATION

FOR CLAUSES AND PROVISIONS. The NAICS code is 334118 and the associated PSC code is 7B20, and the Small Business Standard is 1,000 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.

Interested parties may identify their interest to this requirement by submitting a quote and/or capabilities statement no later than 09:00 AM on August 12, 2024. It is anticipated one firm-fixed price purchase order will be issued in response to this RFQ.

All responses shall include price(s), Cage Code, FOB Origin, a point of contact, name and phone number, GSA contract number (if applicable), business size, and payment terms.

Each response must clearly indicate the capability of the quoter to meet all specifications and requirements. There will be no additional CLINs added for shipping. If there is a shipping charge, please include in the price.

Responses to this notice are due on or before 09:00 AM on August 12, 2024, Eastern Daylight

Time (EDT) to christopher.c.rolince.civ@us.navy.mil.

Point of Contact for this notice is Chris Rolince, 757-513-7247, christopher.c.rolince.civ@us.navy.mil

N0016724Q0228

Exhibit/Attachment Table of Contents

DOCUMENT TYPE DESCRIPTION PAGES DATE

Attachment 1 A001 COTS Manuals

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT (PWS)

High Performance Computing Cluster

1.0 DESCRIPTION OF SERVICES/INTRODUCTION:

The Hull Response and Protection Branch, Code 664, at the Naval Surface Warfare Center, Carderock Division (NSWCCD), West Bethesda, MD, requires a contract for purchase of the materials/services needed for a new high performance computing (HPC) cluster to be installed at NSWCCD’s facility at Olney, in Gaithersburg, MD.

2.0 BACKGROUND:

NSWCCD Code 664 has expertise in the area of Survivability and Weapons Effects. Code 664 relies on multiple HPC clusters to perform high fidelity modeling and simulation of highly dynamic weapons effect events. Code 664 requires an additional HPC cluster to allow for more computational runs and quicker turnaround time for these critical analyses.

3.0 OBJECTIVE:

The contractor shall provide and accomplish all materials/services required to install all hardware and software for a new HPC system in an existing classified facility using personnel trained to perform computer and software installation on closed network DoD systems. The scope of work includes:

1. Cabinet Enclosure

2. Cluster Management Server

3. Login Node Server

4. Compute Nodes

5. Scratch Storage Server

6. Cold Storage Server

7. Administrative Network

8. Infiniband Fabric Network

9. Cluster Management Software Suite

10. Complete system installation with interface to the existing power supply within a Top Secret facility

Maintenance and Warranty on all furnished equipment and software for a period of no less than 5 years from the time of installation

11. On-site training Detailed system specifications and minimum requirements for the HPC system are provided in the following sections.

3.1 SYSTEM MINIMUM SPECIFICATIONS

The HPC system shall be a commercially available system, production grade and scalable to meet future needs.

The HPC system shall interface with facility and existing hardware and the existing power supply.

The HPC system shall operate in the existing closed space with no modifications to the HVAC system or any other facility modification. The proximity of the system to the nearest HVAC register or return is not known. No circulating fans external to the enclosure will be installed. The HPC may be installed in a corner of the closed space where two adjacent sides of the enclosure may face walls with a maximum standoff distance from the wall of 36 inches.

The HPC system must be configured to receive power and shut down messaging due to thermal overload.

3.1.1 THERMAL MANAGEMENT

The HPC system, and all of the components within, shall be air-cooled and be configured to automatically shut down in the event of overheating. Temperature sensors shall be incorporated into the system to detect loss of cooling (e.g. high ambient air temperature) within the closed space. In the event of high ambient temperature event, the HPC system shall perform a graceful shutdown of system components. (Note: A graceful shut down is when a computer is turned off by software function and the operating system (OS) is allowed to perform its tasks of safely shutting down processes and closing connections.)

3.1.2 PHYSICAL SPECIFICATIONS

The HPC cabinet enclosure(s) shall contain all hardware for the HPC system:

● Be compliant with EIA-310 or Open Rack Standards.

● Have a minimum 40 Open Rack Unit (OU) height.

● Have adequate capacity for:

o Power Distribution Units (PDUs) o Cluster Management Server o Login Node Server o Compute Nodes o 4-Port Keyboard Video Mouse (KVM) o Network Attached Scratch Storage Server o Network Attached Cold Storage Server o Administrative Network o Infiniband Fabric (NDR) Network o Blanking panels to cover unused spaces

3.1.3 CLUSTER MANAGEMENT SERVER

There shall be a minimum of one cluster management server. The cluster management server shall have all of the following attributes:

● EIA-310 Standard or Open Rack Standard Integrated solution

● 2x 32-core Genoa 9334 2.7GHz or similar processors approved by NSWCCD o Same processor type and same processor speed as the compute node servers o Configured to have a high ratio of peak CPU memory bandwidth to peak CPU floating point capability o Hyper Threading disabled

● Minimum of 384 GB RAM memory

● Separate boot mirrored solid state boot drives

● Minimum 2 TB storage space

● Dual network adapters; Must include both Infiniband (NDR) at 200 GB or better and Ethernet 10 GB connections

● Redundant power supply, 208V

● Operating System requirements:

o Preload, RHEL cluster version 8 or higher, approved by NSWCCD o OS will need to connect to currently existing Windows Active Directory

● Remote iKVM with in-band Management

● Cluster Management Software Suite o Web or Application based GUI for infrastructure management

● Slurm Controller

● Must be compatible with the rest of the cluster hardware and software

3.1.4 LOGIN NODE SERVER

There shall be a minimum of one login node server. The login node server shall have all of the following attributes:

● EIA-310 Standard or Open Rack Standard Integrated solution

● 2x 32-core Genoa 9334 2.7GHz or similar processors approved by NSWCCD o Same processor type and same processor speed as the compute node servers o Configured to have a high ratio of peak CPU memory bandwidth to peak CPU floating point capability o Hyper Threading disabled

● Minimum of 384 GB RAM memory

● Separate boot mirrored solid state boot drives

● Minimum 2 TB storage space

● Hardware redundant array of independent disks (RAID) controller

● Dual network adapters; Must include both Infiniband (NDR) at 200 GB or better and Ethernet 10 GB connections

● Redundant power supply, 208V

● Operating System requirements:

o Preload, RHEL cluster version 8 or higher, approved by NSWCCD o OS will need to connect to currently existing Windows Active Directory

● Remote iKVM with in-band Management

● Web or Application based GUI for infrastructure management

● Slurm scheduling

3.1.5 COMPUTE NODE SERVER

The Compute Node Server Chassis shall contain a minimum of 4 compute node blocks (4 nodes per block), with ability for future expansion. There should be a total of 56 compute nodes. Each compute node shall contain the following:

● EIA-310 Standard or Open Rack Standard Integrated solution

● Diskless, PXE Boot

● Minimum of 6 GB of memory per compute core

● 2x 32-core Genoa 9334 2.7GHz per node or similar processors approved by NSWCCD o Same processor type and same processor speed as the login node server o Configured to have a high ratio of peak CPU memory bandwidth to peak CPU floating point capability o Hyper Threading disabled

● Dual network adapter; Must include both Infiniband (NDR) at 200 GB or better and Ethernet 10 GB connections

● Redundant power supply, 208V

● Remote iKVM with in-band Management

● Web or Application based GUI for infrastructure management

● Slurm scheduling

3.1.6 SCRATCH STORAGE SERVER

The scratch storage array will need to have the following capabilities listed below and be available for the cluster nodes and external user network:

● EIA-310 Standard or Open Rack Standard Integrated solution

● 16-core Genoa 9124 3.0 GHz or similar processors approved by NSWCCD

● 192 GB of RAM memory

● 2x 1TB NVMe SSD for OS in RAID 1 configuration

● 10x 3.2TB NVMe for scratch in RAID 0 configuration (32TB Total)

● Hardware RAID controller

● Redundant power supply

● Dual network adapters; Must include both Infiniband (NDR) at 200 GB or better and Ethernet 10 GB connections

● Operating System o Preload, RHEL cluster version 8 or higher, approved by NSWCCD o OS will need to connect to currently existing Windows Active Directory

● Remote iKVM with in-band Management

● Web or Application based GUI for infrastructure management

3.1.7 COLD STORAGE SERVER

The attached storage array will need to have the following capabilities listed below and be available for the cluster nodes and external user network:

● EIA-310 Standard or Open Rack Standard Integrated solution

● 16-core Genoa 9124 3.0 GHz or similar processors approved by NSWCCD

● 192 GB of RAM memory

● 2x 1TB NVMe SSD for OS in RAID 1 configuration

● 3.5 inch SAS/SATA bays o 12x 18TB SAS HDDs 7200RPM w/ 512MB cache installed with RAID 6 configuration to allow for 160TB of usable storage

● Able to mount /home to the login node and the compute nodes.

● Contain two distinct file systems (way in which files are named and where they are placed logically for storage and retrieval).

o /work — a single file system with 90% of the total formatted usable disk storage and expandable.

o /home — a single file system (user accounts and system files) with at least 10% of the total formatted usable disk storage.

● At least 6GB/s of read, write, and full duplex bandwidth (respectively) between the compute nodes and

/home.

● At least 6GB/s of read, write, and full duplex bandwidth (respectively) between the compute nodes and

/work.

● Hardware RAID controller

● Redundant power supply

● Dual network adapters; Must include both Infiniband (NDR) at 200 GB or better and Ethernet 10 GB connections.

● Operating System o Preload, RHEL cluster version 8 or higher, approved by NSWCCD o OS will need to connect to currently existing Windows Active Directory.

● Remote iKVM with in-band Management

● Web or Application based GUI for infrastructure management

● Must be accessible if the compute nodes are offline.

● Must be compatible with the rest of the cluster hardware and software.

3.1.8 ADMINISTRATIVE NETWORK

The Administrative Network infrastructure will be used to manage and monitor all the aspect of the cluster environment locally and remotely through a 10 GB network. The Administrative Network shall contain the following:

● EIA-310 Standard or Open Rack Standard Integrated solution

● 10GB switches and supporting infrastructure

● The network will have the ability to:

o manage file system traffic, cluster utility communication, system administration, and maintenance o remotely monitor temperatures, voltages, fans, and power supplies o allow for remote power cycling of each node

● Tightly integrated Cluster Expansion and Infrastructure Interconnect reliability, availability, and serviceability (RAS).

3.1.9 INFINIBAND FABRIC

The Infiniband fabric will be set up to have the best reliability, availability with in the cluster environment. The Infiniband fabric shall have the following minimum requirements:

● NDR or similar switch approved by NSWCCD and supporting infrastructure

● Need to have peak bandwidth between nodes at least 100GB/s

3.1.10 CLUSTER MANAGEMENT SOFTWARE

The cluster management software shall provide management for the hardware, the operating system, HPC software, and users in a unified framework of tools to manage the cluster. The cluster management software shall also have the following minimum requirements:

● Provide a batch scheduler/workload management system (WMS) that shall work across all nodes within the cluster.

● Pre-bundled OS and network optimizations for OS settings, drivers, and Infiniband (NDR), environments that are necessary for proper performance and functionality inside an HPC environment.

● Allow compute nodes (as a collective whole) to be powered down without impacting the power to other system components.

● Web or Application based GUI of the Cluster Management Software

3.1.11 MANUALS

CDRL A001 – The contractor shall provide at least one (1) paper copy of all documentation/manuals. All documentation shall be provided in English. At a minimum, copies of the following items are required:

● Include build and tuning information for all platforms

● Installation Manual

● Parts Manuals

● Maintenance Manual

● Operation Manual

3.1.12 SOFTWARE LICENSES AND DOCUMENTATION

The contractor shall provide:

Licenses for all installed software.

A DVD with all software required for cluster operation as well as administration and/or user documentation for said software.

3.1.13 STATEMENTS OF VOLATILITY.

The contractor shall provide statements of volatility for each volatile component. (Note: Volatile components, contrary to non-volatile components, are computer components requiring power to maintain stored information; they retain contents while powered on but when the power is interrupted, the stored data is lost immediately or very rapidly.)

3.2 SERVICES REQUIREMENTS:

3.2.1 INSTALLATION REQUIREMENTS

The contractor shall provide installation of the system. Installation requirements are provided below:

● All work shall be performed during the hours of 0800 and 1800 Monday through Friday, excluding federal holidays.

● Work must be completed in no more than 5 consecutive business days.

● Verify and test all the requirements of the master/logon server have been met with a thorough walk through with the system administrator including but not limited to:

o file shares o cluster management software o queuing system and integration with all nodes and applications o user management

● Verify and test all the compute nodes are fully functional with in the cluster, management, file, and queuing environments.

● Verify and test all the requirements of the Network Storage server have been met with a thorough walk through with the system administrator.

● Verify and test all the requirements of the Administrative Network have been configured properly with a thorough walk through with the system administrator.

● Verify and test all the requirements of the Infiniband Fabric have been configured properly with a thorough walk through with the system administrator.

● Verify and test the visualization node has been configured properly to work with the cluster, queuing and storage system with a thorough walk through with the system administrator.

● Verify that the PDUs are set up in an AB power arrangement.

● Verify and test the integration of the thermal and shutdown process with the on-site APC is working properly with the system administrator.

● Verify and test required software with code engineers for functionality of installed software. After successful completion of the verifications and tests, above, the Government TPOC will accept the HPC system.

3.2.2 WARRANTY AND MAINTENANCE

3.2.2.1 WARRANTY:

The contractor shall provide a 5 year warranty on parts. The warranty period for parts shall be from the time the parts are installed. Warranty services include:

The installed HPC system and all associated equipment shall include a five year warranty for parts and labor. The warranty shall begin the day after final acceptance of the machine by NSWCCD. The cost for all repairs conducted under the warranty including but not limited to parts, labor, travel and shipping shall be covered under the warranty.

All troubleshooting and repair work shall commence within 48 hours of the reported problem and is to be conducted onsite at NSWCCD in West Bethesda, MD.

3.2.2.2 MAINTENANCE:

Maintenance services as described below:

Technical Support

The Contractor shall perform technical assistance for operation and troubleshooting of the systems identified in the PWS via:

Toll-free telephone/hotline number. Telephone support shall be available Monday through Friday, excluding Federal holidays, from 8:00 A.M. to 5:00 P.M. Eastern Time.

Email address. The Contractor shall respond to technical support requests, correspondence and information exchange via email. However, email service does not relieve the telephone support availability requirement.

The contractor shall provide engineering support over the phone or through email as needed to answer technical questions arising for five years after final acceptance of contract requirements. Support shall be, at a minimum, available Monday through Friday between the hours of 0800 and 1700 Eastern Standard Time (EST).

Note: At no time shall hard drives & other non-volatile parts be returned, including for warranty or maintenance purposes.

3.2.3 TRAINING: Contractor shall provide onsite training for maintaining and setting up any proprietary software used to manage and maintain the HPC system during the 5 day installation and setup.

4.0 SPECIAL QUALIFICATIONS: N/A

5.0 GOVERNMENT FURNISHED EQUIPMENT/PROPERTY/INFORMATION:

With the exception of hard drives and other non-volatile parts, the Government may return and release custody of defective parts of a system.

6.0 DELIVERABLES:

The contractor shall deliver the requirements specified in the Contract Data Requirements List (CDRL), below.

Number Name

A001 DI-TMSS-81815 COTS Manuals

7.0 PERIOD, PLACE OF PERFORMANCE, SHIPPING AND DELIVERY:

7.1 Required period of performance:

The contractor shall deliver and complete installation of the HPC system not later than 31 Aug 2024. Subsequent to delivery, the performance period for installation services will not exceed 5 days.

7,2 Place of performance:

The contractor shall provide and perform contract services at: Olney Building 1, Data Center, 5321 Riggs Road, Gaithersburg, MD 20882.

7.3 Delivery

The contractor shall arrange for shipment and delivery of the HPC system with equipment and accessories/features described above to the above address.

The contractor shall provide a delivery schedule to the Government TPOC within 14 days after award of contract. Unless otherwise agreed to, all items shall be delivered in a single shipment.

The contractor shall contact the Government TPOC, at phone number below, on day of scheduled delivery to coordinate with TPOC on time of delivery. The TPOC needs to have notice in advance of delivery in order to be at the Olney Facility for delivery acceptance.

8.0 SECURITY REQUIREMENTS: Unclassified

Contractor shall obtain clearance to access the Olney facility through the NSWCCD security office before arriving on site.

Contractor is allowed only to designated locations Contactor is to be escorted at all times when in secure spaces

9.0 GOVERNMENT TECHNICAL POINT OF CONTACT (TPOC):

TO BE PROVIDED AT TIME OF AWARD.

SOFTWARE LANGUAGE

No terms will be incorporated into any price quote and/or order accepted by the Government unless otherwise agreed to by all parties in writing. Any and all terms and conditions contained in any price quote and/or order that violate any Federal laws, statutes, and regulations, including but not limited to, the Federal Acquisition Regulation (FAR) and Defense Federal Acquisition Regulation Supplement (DFARS) are void and will have no effect. The applicable Federal laws, statutes, and regulations, including, but not limited to, the FAR and DFARS will govern instead.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Each Cluster Management Server (Head Node)

FFP

One (1) Cluster Management Server (Head Node). See Performance Work Statement for detailed description.

FOB: Destination

NSN: 7B201023229226

VENDOR PART NR: 200000028793-0030

PURCHASE REQUEST NUMBER: 1301162080

PSC CD: 7B20

NET AMT

0002 1 Each Login Node

FFP

One (1) Login Node. See Performance Work Statement for detailed description.

FOB: Destination

NSN: 7B201023229234

VENDOR PART NR: 200000028793-0030

0003 56 Each Compute Node

FFP

Fifty-six (56) Compute Node. See Performance Work Statement for detailed description.

FOB: Destination

NSN: 7B201023229228

VENDOR PART NR: 200000028793-0030

0004 1 Each Storage Array (Fast)

FFP

One (1) Storage Array (Fast). See Performance Work Statement for detailed description.

FOB: Destination

NSN: 7B201023229240

VENDOR PART NR: 200000028793-0030

0005 1 Each Storage Array (Cold)

FFP

One (1) Storage Array (Cold). See Performance Work Statement for detailed description.

FOB: Destination

NSN: 7B201023229238

VENDOR PART NR: 200000028793-0030

0006 1 Each Copper Network System

FFP

One (1) Copper Network System. See Performance Work Statement for detailed description.

FOB: Destination

NSN: 7B201023229230

VENDOR PART NR: 200000028793-0030

0007 1 Each InfiniBand Network System

FFP

One (1) InfiniBand Network System. See Performance Work Statement for detailed description.

FOB: Destination

NSN: 7B201023229232

VENDOR PART NR: 200000028793-0030

0008 1 Each Rack and Power Infrastructure

FFP

One (1) Rack and Power Infrastructure. See Performance Work Statement for detailed description.

FOB: Destination

NSN: 7B201023229236

VENDOR PART NR: 200000028793-0030

0009 1 Lite Onsite Install and Training

FFP

One (1) Onsite Install and Training. See Performance Work Statement for detailed description.

FOB: Destination

VENDOR PART NR: 200000028793-0030

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 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government 0006 Destination Government Destination Government 0007 Destination Government Destination Government 0008 Destination Government Destination Government 0009 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 31-AUG-2024 1 N/A

FOB: Destination

0002 31-AUG-2024 1 N/A

0003 31-AUG-2024 56 N/A

0004 31-AUG-2024 1 N/A

0005 31-AUG-2024 1 N/A

0006 31-AUG-2024 1 N/A

0007 31-AUG-2024 1 N/A

0008 31-AUG-2024 1 N/A

0009 POP 06-AUG-2024 TO

30-SEP-2024

N/A N/A

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014 52.203-11 Certification And Disclosure Regarding Payments To

Influence Certain Federal Transactions

SEP 2007

52.203-12 Limitation On Payments To Influence Certain Federal Transactions

JUN 2020

52.204-7 System for Award Management OCT 2018 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018 52.204-14 Service Contract Reporting Requirements OCT 2016 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 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

52.209-5 Certification Regarding Responsibility Matters AUG 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

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law

FEB 2016

52.212-1 Instructions to Offerors--Commercial Products and Commercial Services

SEP 2023

52.212-3 Alt I Offeror Representations and Certifications--Commercial Products and Commercial Services (MAY 2024) Alternate I

FEB 2024

52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services

NOV 2023

52.219-1 Small Business Program Representations FEB 2024 52.219-9 Alt III Small Business Subcontracting Plan (SEP 2023) Alternate III JUN 2020 52.229-11 Tax on Certain Foreign Procurements--Notice and

Representation

JUN 2020

52.232-33 Payment by Electronic Funds Transfer--System for Award Management

OCT 2018

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.247-34 F.O.B. Destination NOV 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

SEP 2022

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7008 Compliance With Safeguarding Covered Defense Information Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

MAY 2024

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

JAN 2023

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

MAY 2021

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

JAN 2023

252.204-7023 Reporting Requirements for Contracted Services. JUL 2021 252.204-7024 Notice on the Use of the Supplier Performance Risk System MAR 2023 252.205-7000 Provision Of Information To Cooperative Agreement Holders JUN 2023 252.211-7003 Item Unique Identification and Valuation JAN 2023 252.211-7008 Use of Government-Assigned Serial Numbers SEP 2010 252.225-7001 Buy American and Balance of Payments Program FEB 2024 252.225-7012 Preference For Certain Domestic Commodities APR 2022 252.225-7048 Export-Controlled Items JUN 2013 252.225-7972 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned

Aircraft Systems (DEVIATION 2020-O0015)

MAY 2020

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel

JAN 2023

252.239-7010 Cloud Computing Services JAN 2023 252.239-7018 Supply Chain Risk DEC 2022 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Products or Commercial

Services

NOV 2023

252.246-7008 Sources of Electronic Parts JAN 2023 252.247-7023 Transportation of Supplies by Sea JAN 2023

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)

52.204-26 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

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

(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 (MAY 2024)

(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 Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services: [Contracting Officer check as appropriate.]

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

___ (4) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community--see FAR 3.900(a).

X (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-

282) (31 U.S.C. 6101 note).

___ (6) [Reserved]

___ (7) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div.

C).

___ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub.

L. 111-117, section 743 of Div. C).

X (9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub.

L. 117-328).

___ (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders--Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023) (Pub. L. 115-390, title II).

___ (11)(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders--Prohibition. (DEC 2023) (Pub. L.

115-390, title II).

___ (ii) Alternate I (DEC 2023) of 52.204-30.

X (12) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

___ (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

____ (14) [Reserved]

____ (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).

____ (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (17) [Reserved]

X (18)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

____ (ii) Alternate I (MAR 2020) of 52.219-6.

____ (19)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

____ (ii) Alternate I (MAR 2020) of 52.219-7.

____ (20) 52.219-8, Utilization of Small Business Concerns (FEB 2024) (15 U.S.C. 637(d)(2) and (3)).

____ (21)(i) 52.219-9, Small Business Subcontracting Plan (SEP 2023) (15 U.S.C. 637(d)(4)).

____ (ii) Alternate I (NOV 2016) of 52.219-9.

____ (iii) Alternate II (NOV 2016) of 52.219-9.

____ (iv) Alternate III (JUN 2020) of 52.219-9.

____ (v) Alternate IV (SEP 2023) of 52.219-9.

____ (22) (i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

____ (ii) Alternate I (MAR 2020) of 52.219-13.

____ (23) 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).

____ (24) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

____ (25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (FEB 2024) (15 U.S.C. 657f).

____ (26) (i) 52.219-28, Post-Award Small Business Program Rerepresentation (FEB 2024) (15 U.S.C. 632(a)(2)).

____ (ii) Alternate I (MAR 2020) of 52.219-28.

____ (27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns (OCT 2022) (15 U.S.C. 637(m)).

____ (28) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (OCT 2022) (15 U.S.C. 637(m)).

____ (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

X (30) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).

X (31) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

X (32) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (FEB 2024) (E.O. 13126).

X (33) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

X____ (34)(i) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

____ (ii) Alternate I (FEB 1999) of 52.222-26.

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

____ (ii) Alternate I (JUL 2014) of 52.222-35.

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

____ (ii) Alternate I (JUL 2014) of 52.222-36.

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

____ (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.

13496).

X____ (39)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

____ (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

____ (40) 52.222-54, Employment Eligibility Verification (MAY 2022). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

____ (41)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____ (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (MAY 2024) (42 U.S.C. 7671, et seq.).

____ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (MAY 2024) (42 U.S.C. 7671, et seq.).

____ (44) 52.223-20, Aerosols (MAY 2024) (42 U.S.C. 7671, et seq.).

____ (45) 52.223-21, Foams (MAY 2024) (42 U.S.C. 7671, et seq.).

____ (46) 52.223-23, Sustainable Products and Services (MAY 2024) (E.O. 14057, 7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).

____ (47) (i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

____ (ii) Alternate I (JAN 2017) of 52.224-3.

____ (48) (i) 52.225-1, Buy American--Supplies (OCT 2022)) (41 U.S.C. chapter 83).

____ (ii) Alternate I (OCT 2022) of 52.225-1.

____ (49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (NOV 2023) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

____ (ii) Alternate I [Reserved].

____ (iii) Alternate II (DEC 2022) of 52.225-3.

____ (iv) Alternate III (FEB 2024) of 52.225-3.

____ (v) Alternate IV (OCT 2022) of 52.225-3.

____ (50) 52.225-5, Trade Agreements (NOV 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

____ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

____ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150).

____ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C.

5150).

____ (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (MAY 2024) (E.O.

13513).

____ (56) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

____ (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C.4505, 10 U.S.C. 3805).

____ (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

X (59) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (OCT 2018) (31 U.S.C.

3332).

____ (60) 52.232-34, Payment by Electronic Funds Transfer--Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).

____ (61) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

____ (62) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

____ (63) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

____ (64) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C.

55305 and 10 U.S.C. 2631).

____ (ii) Alternate I (APR 2003) of 52.247-64.

____ (iii) Alternate II (NOV 2021) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services: [Contracting Officer check as appropriate.]

_____ (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

_____ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

_____ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_____ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

_____ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or…