N4019225T9008_Attachment 1_Contract Requirements.pdf

N4019225T9008

STATEMENT OF WORK

1. SCOPE DESCRIPTION

1. Introduction Naval Facilities Engineering Systems Command (NAVFAC) Marianas plays a critical role in supporting the U.S.

Navy and Marine Corps in the Marianas region. The annual Executive Steering Group (ESG) Summit serves as a vital platform for senior leadership to collaboratively develop the Fiscal Year Annual Execution Plan (AEP). This plan outlines key actions, initiatives, and resource allocations required to achieve the command's strategic objectives, aligning with Department of Defense (DoD), Department of Navy (DoN), and NAVFAC headquarters priorities. The AEP is essential for ensuring effective and efficient execution of NAVFAC Marianas' mission, enabling the command to adapt to dynamic operational requirements and resource constraints.

This SOW outlines the requirements for a contractor to provide professional strategic facilitation services for the NAVFAC Marianas ESG Summit, scheduled for 27 August 2025 to 29 August 2025. The objective is to facilitate a structured and productive summit that results in a comprehensive and actionable FY26 AEP, fostering alignment and commitment among senior leadership. The desired outcomes include a clearly defined AEP, strengthened communication and collaboration within the leadership team, and enhanced organizational readiness to execute strategic priorities.

2. Scope Description The Contractor shall provide comprehensive facilitation services to guide the NAVFAC Marianas ESG Summit, ensuring a structured, productive, and results-oriented event. This includes pre-summit planning and preparation, facilitation of all summit activities, post-summit documentation and AEP development, and follow-up support. The Contractor will collaborate closely with the designated NAVFAC Activity Point of Contact (POC) throughout the project.

Included in Scope:

Pre-summit needs assessment and planning.

Development of a customized agenda, facilitation plan, and workshop materials.

Facilitation of all three days of the ESG Summit.

Real-time documentation of summit discussions and decisions.

Development of a draft and final AEP document.

Post-summit debriefing with leadership.

Limited follow-up support for AEP implementation

Excluded from Scope:

Development of NAVFAC Marianas’ overarching strategic plan.

Implementation of the AEP.

Long-term strategic consulting beyond the defined follow-up support period.

Travel arrangements for NAVFAC Marianas personnel.

Provision of IT equipment or software beyond what is necessary for the facilitator's role.

The Contractor is expected to engage with NAVFAC Marianas leadership proactively, providing expert guidance and support throughout the planning and execution of the ESG Summit. This includes regular communication with the NAVFAC Activity POC, active participation in planning meetings, and responsive adaptation to evolving needs and priorities.

3. Tasks

Task 1: Kick-off Meeting

1.1 Schedule Meeting: Within two (2) calendar days of contract award, schedule a virtual kick-off meeting via Microsoft Teams.

1.2 Conduct Meeting: Conduct the kick-off meeting, not to exceed two (2) hours, between 0800 and 1700 Chamorro Standard Time (ChST).

1.3 Document Meeting: Document key discussion points, action items, and decisions made during the meeting and distribute minutes to participants within 24 hours.

1.4 Confirm Project Understanding: Verify alignment on project scope, tasks, deliverables, timelines, and communication protocols.

Task 2: Needs Assessment and Pre-Planning This task focuses on gathering information, understanding NAVFAC Marianas' strategic context, and designing a tailored approach for the ESG Summit. It involves the following sub-tasks:

2.1 Preliminary Information Gathering:

2.1.1 Review Existing Documentation: Prior to kick-off meeting, the Contractor shall review provided documents, including previous AEPs, strategic plans, organizational charts, and any relevant background materials provided by the NAVFAC POC. The Contractor will document key takeaways and identify any gaps or areas requiring further clarification.

2.1.2 Initial Consultations: Within two calendar days of the kick-off meeting, the Contractor shall conduct individual consultations with key stakeholders identified by the NAVFAC POC. These consultations will aim to gather perspectives on strategic priorities, challenges, opportunities, and desired outcomes for the upcoming fiscal year. Each consultation should be no longer than one hour and documented in a concise summary report. A minimum of five (5) stakeholder consultations are required.

2.2 Needs Assessment:

2.2.1 Develop Survey Instrument: Based on the preliminary information gathering, the Contractor shall develop a targeted online survey to gather broader input from a wider group of stakeholders within NAVFAC Marianas. The survey should focus on key strategic areas and gather both quantitative and qualitative data. The survey design must be approved by the NAVFAC POC before distribution.

2.2.2 Administer Survey: The Contractor shall administer the online survey, ensuring a representative sample of participants. The Contractor will be responsible for managing the survey process, collecting responses, and maintaining data confidentiality. The survey will be open for a minimum of one week.

2.2.3 Analyze Survey Data: The Contractor shall analyze the survey data and compile key findings into a concise report. This report will identify common themes, trends, and areas of agreement or disagreement among stakeholders regarding strategic priorities.

2.3 ESG Summit Design and Planning:

2.3.1 Develop Customized Agenda: Based on the needs assessment findings, the Contractor shall develop a detailed agenda for the three-day ESG Summit. The agenda should be structured to address the identified strategic priorities, challenges, and opportunities, incorporating a variety of interactive activities and discussion formats.

2.3.2 Create Facilitation Plan: The Contractor shall develop a comprehensive facilitation plan outlining the specific methods and techniques to be used during the summit. This plan should detail how the facilitator will guide discussions, manage group dynamics, foster collaboration, and ensure productive outcomes.

2.3.3 Design Workshop Materials: The Contractor shall design and develop all necessary workshop materials, including presentations, handouts, worksheets, and any other resources required to support the summit activities. All materials must be visually appealing, professionally formatted, and aligned with NAVFAC branding guidelines.

2.3.4 Review and Approval: The Contractor shall submit the draft agenda, facilitation plan, and workshop materials to the NAVFAC POC for review and approval at least five calendar days prior to the

ESG Summit. The Contractor will incorporate feedback from the NAVFAC POC and finalize all materials prior to the summit.

2.4 Logistics Coordination:

2.4.1 Confirm Summit Venue: The Contractor shall confirm the suitability of the designated summit venue and coordinate any necessary logistical arrangements.

2.4.2 Arrange Materials Printing and Shipping: The Contractor shall arrange for the printing and shipping of all workshop materials, ensuring timely delivery to the summit venue.

2.4.3 Coordinate with NAVFAC POC: The Contractor shall maintain regular communication with the NAVFAC POC throughout the planning process, providing updates on progress and addressing any questions or concerns.

Task 3: Facilitate 3-Day ESG Summit

This task involves facilitating all three days of the in-person ESG Summit, guiding participants through a structured process to develop the FY26 AEP.

Summit Objectives:

Align leadership vision and goals to INDOPACOM’s Indo-Pacific Strategy.

Develop clear, measurable FY2026 strategic goals and KPIs.

Build collaboration across functions and services.

Identify cross-directorate dependencies and capability gaps.

Launch initiatives for workforce readiness, leadership development, and innovation.

Cultivate professional resilience across command leadership.

Day 1: Strategic Framing & Environment

Opening Remarks (Facilitator): Welcome, summit objectives, logistics. Facilitation Technique: Concise and engaging opening, setting a positive and productive tone.

Keynote Speaker #1: Strategic Priorities for NAVFAC Marianas focusing on Supported Command’s priorities and how NAVFAC Marianas can support. Facilitation Technique: Ensure seamless transition between speakers.

Keynote Speaker #2: Strategic Priorities for NAVFAC Marianas focusing on Supported Command’s priorities and how NAVFAC Marianas can support. NAVFAC Marianas can contribute. Facilitation Technique: Seamless transition, potentially pre-arranged Q&A with speakers.

Panel 1 “Building Forward – Pacific Infrastructure Resilience”: Panel discussion with representatives from Supporting Commands. Facilitation Technique: Moderated panel discussion, pre-submitted questions, audience Q&A.

Panel 2 “Partnering for Success – Regional & Local Collaborations”: Panel discussion with representatives from Supporting Commands. Facilitation Technique: Moderated panel discussion focusing on collaboration opportunities and challenges.

Commander’s Welcome and Vision Brief: NAVFAC Marianas Commander presents their vision and sets the stage for the summit. Facilitation Technique: Visual aids, clear articulation of command vision and expectations for the summit.

OPNAV and USPACFLT Strategic Priorities: Presentation outlining relevant strategic priorities from higher headquarters. Facilitation Technique: Interactive Q&A, ensuring alignment and understanding of external drivers.

Mini-Session: Leadership Endurance in the Indo-Pacific: Cultivating Resilience in Command: Interactive session focusing on leadership resilience. Facilitation Technique: Small group discussions, guided reflection prompts, sharing of best practices.

Day 1 Wrap-up and Next Steps: Summary of key takeaways and preview of Day 2. Facilitation Technique: Interactive activity capturing key insights and action items.

Day 2: Goal Planning & Capability Integration Day 2 activities, including Directorate Flash Briefs, KPI Workshop, Capability Mapping Session, and

Goal Mapping Workshop. Specify facilitation techniques for each activity - brainstorming, breakout sessions, prioritization matrices, etc.

Day 3: Leadership Development & Strategic Commitment

Guest Speaker Working element: Resilience Mapping Workshop – Applying Leadership Under Pressure Day 3 activities, including the Resilience Mapping Workshop, Operationalizing Resilience workshop, Strategic Roadmap Buildout, and Commander’s Summit Close-Out. Specify facilitation techniques for each activity.

Task 4: Post-Summit Activities

4.1 Post Summit Report:

Provide an overview of the summit’s objectives and purpose within the broader organizational strategy, summarize the most important sessions, presentations, and discussions that took place during the summit, identify recurring themes and trends, document the tangible results and accomplishments of the summit, and analyze attendee feedback to understand their perceptions of the summit and identify areas for improvement, and identify key lessons learned from the summit and provide actionable recommendations for future events. This report is due to NAVFAC Marianas Activity POC within five (5) calendar days after ESG Summit.

4.2 Draft AEP:

Provide a comprehensive draft AEP that outlines the specific activities, timelines, and resources and key performance indicators required to achieve the Commands’ FY26 strategic goals. The AEP should be aligned with the Command’s overall strategic plan and reflect the priorities established by leadership and key stakeholders. The draft AEP should be submitted as a Microsoft Word document nd be suitable for review and refinement by the Government. This report is due to NAVFAC Marianas Activity POC one week after the ESG Summit.

4.3. Final AEP:

Provide a finalized AEP incorporating all feedback received on the draft AEP from the Government and should demonstrate a clear understanding of the Command’s strategic priorities. The finalized AEP must be submitted in Microsoft Word and included a documented summary of changes from the draft version, including rationale. This report is due to NAVFAC Marianas Activity POC one (1) week after receipt of Government comments/feedback

Task 5: Follow-up Support

5.1 Coaching Sessions:

Conduct up to four (4) one-hour coaching sessions with designated NAVFAC personnel on strategy implementation and change management.

5.2 Progress Review Meetings:

Facilitate two (2) virtual progress review meetings to address implementation challenges and refine the AEP as needed.

5.3 AEP Revisions:

Provide up to ten (10) hours of support for AEP revisions based on feedback and implementation progress. This support will conclude no later than 31 December 2025.

4. Deliverables

The following table outlines the product deliverables for the SOW. All deliverables will be submitted to the designated NAVFAC Activity POC. It is anticipated that all deliverables will be provided via email or other electronic method (e.g. DoD SAFE, MS Teams). *Deliverable dates may be adjusted based on information available in coordination with the NAVFAC Activity POC. The Government will be the sole owner of all planning documents, meeting minutes, reports generated in support of this requirement.

# Section Title Due Date

1 1.1 Kick-off Meeting NLT 2 calendar days after contract award

2 1.2 Kick-off Meeting Minutes Within 24 hours of kick-off meeting

3 2.1.1 Review Existing Documentation NLT 2 calendar days of kickoff meeting

4 2.1.2 Initial Consultation NLT 2 calendar days of kickoff meeting

5 2.2.1 Survey Instrument NLT 3 calendar day of kickoff meeting

6 2.2.2 Administer Survey NLT 5 calendar days of contract award

7 2.2.3 Survey Data Report 5 calendar days before ESG Summit

8 2.3 Summit Design and Planning 7 calendar days before ESG Summit

9 2.4 Summit Logistics Coordination 5 calendar days before ESG Summit

10 3 Facilitation of Three-Day ESG Summit 27 – 29 August 2025

11 4.1 Post Summit Report 5 calendar days after ESG Summit

12 4.2 Draft AEP 1 week after ESG Summit

13 4.3 Final AEP

1 week after receipt of Government comments/feedback

14 5.1 Coaching Session NLT 31 December 2025

15 5.2 AEP Progress Review Meetings NLT 31 December 2025

16 5.3 AEP Revisions Support NLT 31 December 2025

5. Period of Performance The period of performance for this contract is 01 August 2025 up to and including 31 December 2025. This timeframe encompasses all pre-summit planning, execution of the three-day ESG Summit, development of the final AEP, and the defined period of follow-up support. Any requests for schedule adjustments or extensions must be submitted in writing to the COR at least 10 business days prior to the affected milestone and will be subject to government approval.

6. Performance Measurement Performance measures for satisfactory completion of work shall be measured by completion of the tasks and deliverables in this SOW. The COR will monitor performance regularly and provide feedback to the Contractor. A formal performance evaluation will be conducted at the end of the period of performance. The following metrics shall be applied.

Requirement (1)

Standards— Criteria for Acceptance

(2)

Acceptable Quality Level (3)

Method of Surveillance /

Frequency (4)

Incentive/ Disincentive

(5)

Quality of Task Completion

Task support meets stated objectives.

There are no oversights in the development of reports, documents, or functional requirements, which could result in delays in meeting established timelines.

Customer feedback

At end of task

Positive Past Performance Evaluation

Timeliness of Task Completion

Meets delivery dates specified or as mutually agreed

100% Compliance Customer

Contractor reports

Performance Evaluation

Deliverable Submissions listed in Section 4

Deliverables adhere to requirements and meet delivery dates specified or as mutually agreed

Contractor’s performance consistently yields work products that conform to the requirements and submitted on time.

Customer

Contractor reports

Performance Evaluation

7. Facilitator Qualifications The Contractor shall provide a facilitator with the following qualifications:

Minimum of ten (10) years of experience facilitating strategic planning sessions with senior executives.

Certified Professional Facilitator (CPF) designation or equivalent certification.

Demonstrated experience working with government agencies or military organizations.

Expertise in strategic planning methodologies, including Balanced Scorecard and SWOT analysis.

Excellent communication, group facilitation, and consensus-building skills.

8. Government Furnished Information and Security The Government will provide the Contractor with access to relevant information and documentation, including previous AEPs, strategic plans, and organizational charts. The Contractor shall sign a Non-Disclosure Agreement (NDA) before receiving any Government Furnished Information (GFI). All GFI must be handled and stored in accordance with DoD security regulations. Unauthorized disclosure or misuse of GFI will result in contract termination and potential legal action. The Contractor is responsible for ensuring all personnel handling GFI have the appropriate security clearances and receive necessary security training.

9. Travel and Expenses All costs associated with summit and AEP materials and travel, including transportation, lodging, per diem and other related expenses, are the sole responsibility of the Contractor. These expenses are considered to be included in the Contractor’s proposed fees or rate and are not reimbursable by the Government under any circumstances.

The Contractor is expected to manage their travel arrangements and expenses efficiently and effectively within their proposed budget. The Government will not provide any assistance with travel arrangements or expense report.

The Contractor is responsible for obtaining all necessary visa, permits, and other documentation required for travel related to this SOW.

10. Location of Work The island of Guam is located approximately 3,300 miles West of Hawaii, and 1,500 miles east of the Philippines and south of Japan. Guam is a territory of the United States and its residents are US citizens. The island is about 36 miles long and 6-12 miles wide.

ESG Summit will be held in a Government facility on Guam.

Access into the facility will be coordinated with the NAVFAC Activity POC or their designee. Parking is available on site and will not require the use of a Government issued CAC card or DBIDS card.

11. Intellectual Property Rights The Government shall retain all intellectual property rights to the deliverables and any materials created by the Contractor under this contract. The Contractor may not use, reproduce, or distribute these materials without prior written consent from the Government.

12. Contingency Planning In the event of unforeseen circumstances, such as natural disasters or schedule changes, the COR and the Contractor will jointly assess the impact and develop a revised plan. Any changes to the scope of work, deliverables, or schedule must be documented in writing and approved by the COR through a formal contract modification.

13. Government Points of Contact and Communication The identified individuals are responsible to oversee contract performance and the Contractor is responsible to coordinate with the identified individuals.

NAVFAC Marianas Activity POC/Contracting Officer’s Representative (COR):

Primary S. Therese Hocog salomae.t.hocog.civ@us.navy.mil

(671) 349-2243

Alternate Kendra O. Finklea kendra.o.finklea.civ@us.navy.mil

(671) 349-3358

Contract Specialist: Daniel N. Calvo

Email: Daniel.calvo.civ@us.navy.mil Phone (COMM): 671-333-2123

Contracting Officer: Daniel N. Calvo

Email: Daniel.calvo.civ@us.navy.mil Phone (COMM): 671-333-2123

EVALUATION FACTOR FOR AWARD

This is a solicitation for commercial services and is issued as a Request for Quotation (RFQ) in accordance with FAR 13.106. Written quotations are required (oral offers will not be accepted). Submission of quotations must be in accordance with FAR 52.212-1, Instructions to Offerors, Commercial Products and Commercial Services.

Award of the Task Order will be made using the Simplified Acquisition Procedures in accordance with FAR 13.106-2 and FAR 13.106-3(a).

Basis of Award: The Government will award a Purchase Order resulting from this solicitation to the responsive and responsible offer whose quote conforming to the solicitation (i.e., meets all identified minimum mandatory characteristics identified in the Statement of Work as well as the necessary labor and other services needed to fulfill this requirement) will be the most advantageous to the Government. The Government will determine fair and reasonableness in accordance with FAR 13.106-3(a).

SUBMISSION REQUIREMENTS & BASIS OF EVALUATION

The Price Quote Form has been provided in Attachment 3, “Price Schedule” of the RFQ. Proposing contractors may present questions to NAVFAC Marianas point of contact, Therese Chaco (therese.a.chaco.civ@us.navy.mil) or Daniel N. Calvo (daniel.calvo.civ@us.navy.mil)

The end date for any question submittal shall be (Wednesday) 16 July 2025 at 13:00hrs Guam Time, and questions submitted after that time shall not be answered. Submitting questions is not required to qualify for award, but is recommended. Please submit any questions to the Government using Attachment 4, “Questions and Answers Form”.

The proposal is due on (Thursday) 24 July 2025 at 11:00AM Guam Time. Proposing contractors shall submit final proposal to Therese Chaco (therese.a.chaco.civ@us.navy.mil) or Daniel N. Calvo (daniel.calvo.civ@us.navy.mil)

(i) RFQ Submittal Requirements: The Offeror shall complete and submit the following in the order shown below:

a. Completed Attachment 3: Price Schedule

b. Acknowledgements of Amendments, if any. Contractors must acknowledge each amendment issued under this RFQ (if any) using the field provided in the Price Schedule

Note: the failure of an Offeror to complete and submit all of the aforementioned items (i.e., a, b, and c) will result in the Offeror’s quote being deemed non-responsive and ineligible for further consideration for award.

(ii) Basis of Evaluation of Price: The Government will evaluate price per Item No(s) that conform to the solicitation to determine fairness and reasonableness in accordance with FAR 13.106-3.

Deviations from the RFQ minimum/maximum requirements are NOT allowed and the offeror’s quote for that Item No that deviate from the RFQ will be determined non-responsive and not eligible for award.

In accordance with FAR 12.209 (Determination of price reasonableness) the contracting officer must establish price reasonableness in accordance with FAR 13.106-3 (Award and documentation), 14.408-2 (Responsible Bidder – reasonableness of price), or subpart 15.4 (Contract Pricing), as applicable.

In accordance with FAR 13.106(3) before making award the contracting officer must determine the proposed price is fair and reasonable. The contracting officer may, whenever possible, base price reasonableness on competitive quotations or offers.

A price that is found to be unreasonably high or unrealistically low in relation to the proposed requirement may be indicative of a lack of understanding of the RFQ requirements and may result in the quote not being considered for contract award. Representations and Certifications will not be rated. They will, however, be considered in assessing the offeror’s responsibility.

PAYMENT INSTRUCTIONS

Performance-based payments will be made in accordance with FAR 52.232-1 Payments. Allocation method is specified in approved payment. The contracting officer shall specify the amount to be paid and the account(s) to be charged for each payment approval in accordance with FAR 32.207(b)(2) and 32.1007(b)(2). Refer to table at DFARS PGI 204.7108 Payment Instructions.

(https://www.acq.osd.mil/dpap/dars/pgi/pgi_htm/current/PGI204_71.htm#payment_instructions).

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-17 Ownership or Control of Offeror AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law 52.212-1 Instructions to Offerors--Commercial Products and SEP 2023

Commercial Services 52.212-2 Evaluation - Commercial Items NOV 2021 52.232-1 Payments APR 1984 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.237-2 Protection Of Government Buildings, Equipment, And APR 1984

Vegetation 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD SEP 2011

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

Officials 252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7015 Notice of Authorized Disclosure of Information for Litigation JAN 2023 Support

252.204-7016 Covered Defense Telecommunications Equipment or Services DEC 2019 -- Representation

252.204-7017 Prohibition on the Acquisition of Covered Defense MAY 2021 Telecommunications Equipment or Services -- Representation

252.204-7018 Prohibition on the Acquisition of Covered Defense JAN 2023 Telecommunications Equipment or Services

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.204-7024 Notice on the Use of the Supplier Performance Risk System MAR 2023

252.223-7008 Prohibition of Hexavalent Chromium JAN 2023 252.225-7053 Representation Regarding Prohibition on Use of Certain AUG 2021

Energy Sourced from Inside the Russian Federation 252.225-7054 Prohibition on Use of Certain Energy Sourced from Inside the JAN 2023

Russian Federation 252.225-7055 Representation Regarding Business Operations with the MAY 2022

Maduro Regime 252.225-7056 Prohibition Regarding Business Operations with the Maduro JAN 2023

Regime 252.232-7010 Levies on Contract Payments DEC 2006 252.244-7000 Subcontracts for Commercial Products or Commercial NOV 2023

Services

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. (End of provision)

52.204-27 PROHIBITION ON A BYTEDANCE COVERED APPLICATION (JUN 2023)

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

Covered application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited.

Information technology, as defined in 40 U.S.C. 11101(6)--

(1) Means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use-

(i) Of that equipment; or

(ii) Of that equipment to a significant extent in the performance of a service or the furnishing of a product;

(2) Includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; but

(3) Does not include any equipment acquired by a Federal contractor incidental to a Federal contract.

(b) Prohibition. Section 102 of Division R of the Consolidated Appropriations Act, 2023 (Pub. L. 117-328), the No TikTok on Government Devices Act, and its implementing guidance under Office of Management and Budget (OMB) Memorandum M-23-13, dated February 27, 2023, "No TikTok on Government Devices" Implementation Guidance, collectively prohibit the presence or use of a covered application on executive agency information technology, including certain equipment used by Federal contractors. The Contractor is prohibited from having or using a covered application on any information technology owned or managed by the Government, or on any information technology used or provided by the Contractor under this contract, including equipment provided by the Contractor's employees; however, this prohibition does not apply if the Contracting Officer provides written notification to the Contractor that an exception has been granted in accordance with OMB Memorandum M-23-13.

(c) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts, including subcontracts for the acquisition of commercial products or commercial services.

(End of clause)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAY 2024)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

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

"Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

"Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

"Forced or indentured child labor" means all work or service-

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

"Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

"Immediate owner" means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

"Inverted domestic corporation" means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

"Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999, except--

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

"Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

"Predecessor" means an entity that is replaced by a successor and includes any predecessors of the predecessor.

"Reasonable inquiry" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

"Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

"Sensitive technology"--

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

"Service-disabled veteran-owned small business (SDVOSB) concern" means a small business concern—

(1)(i) Not less than 51 percent of which is owned and controlled by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more servicedisabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran; or

(2) A small business concern eligible under the SDVOSB Program in accordance with 13 CFR part 128 (see subpart 19.14).

(3) Service-disabled veteran, as used in this definition, means a veteran as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16), and who is registered in the Beneficiary Identification and Records Locator Subsystem, or successor system that is maintained by the Department of Veterans Affairs' Veterans Benefits Administration, as a service-disabled veteran.

"Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB Program" means an SDVOSB concern that--

(1) Effective January 1, 2024, is designated in the System for Award Management (SAM) as certified by the Small Business Administration (SBA) in accordance with 13 CFR 128.300; or

(2) Has represented that it is an SDVOSB concern in SAM and submitted a complete application for certification to SBA on or before December 31, 2023.

"Service-disabled veteran-owned small business (SDVOSB) Program" means a program that authorizes contracting officers to limit competition, including award on a sole-source basis, to SDVOSB concerns eligible under the SDVOSB Program.

"Small business concern"--

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

"Small disadvantaged business concern, consistent with 13 CFR 124.1001", means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding the threshold at 13 CFR 124.104(c)(2) after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13 CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

"Subsidiary" means an entity in which more than 50 percent of the entity is owned--

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

"Successor" means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

"Veteran-owned small business concern" means a small business concern--

(1) Not less than 51 percent of which is owned and controlled by one or more veterans (as defined at 38 U.S.C.

101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

"Women-owned small business concern" means a small business concern--

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least

51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

"Women-owned small business (WOSB) concern eligible under the WOSB Program" (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.

(b) (1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ___

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes…