FINAL RFQ N6328524T0008 - Behavioral Threat Assessment and Threat Management Training Services.pdf

Date: January 5, 2023

I. FAR 52.212-1 ADDENDUM - INSTRUCTIONS TO QUOTERS:

A. INTRODUCTION: This is a combined synopsis/solicitation (N63285-24-T-0008) for commercial services prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, Streamlined solicitation for commercial services; supplemented with additional information included in this notice. This announcement constitutes the only solicitation.

The Naval Criminal Investigative Service (NCIS) has a requirement for Behavioral Threat Assessment and Threat

Management Training services. Required specifications are listed in Schedule of Supplies/Services within this solicitation and Performance Work Statement (PWS). A Request for Quote (RFQ) is being requested and a separate written solicitation will not be issued. The Government does not encourage vendors to submit multiple quotes presenting alternative terms and conditions for satisfying the requirements of this solicitation.

RFQ Title: Behavioral Threat Assessment and Threat Management Training

RFQ#: N63285-23-T-0008

Set Aside: Small Business

Authority: FAR 12 in conjunction with FAR 13

J&A: No

NAICS Code: 611699 - All Other Miscellaneous Schools and Instruction

Basis for Award: Best Value, Comparative Analysis

B. SCHEDULE OF SUPPLIES/SERVICES:

C. REQUIRED DELIVERY/PERIOD OF PERFORMANCE: See attached PWS (paragraph 4.0) for required period of performance and deliverables.

D. PAYMENT TERMS: NET 30 days. Invoices must be submitted via the Wide Area Work Flow (WAWF) in accordance with DFARS 252.232-7006. Invoices MUST be submitted via the WAWF to be processed for payment.

See PWS for more details on technical specifications.

E. GENERAL: As a result of this solicitation, the Government intends to make a Firm Fixed Price (FFP) purchase order for a two day instructor-led training and training material.

Each Quoter shall submit a quote that clearly and concisely describes its response to the requirements of the solicitation. Use of general or vague statements such as “standard procedures will be used” will not satisfy this

CLINs Supplies/Services Description Quantity / Unit of Issue

Unit

Price

Extended

Price

Advanced Threat Assessment/Management Training with Travel expenses for instructors.

See PWS for detailed information on required specifications.

1 Each

Optional

Advanced Threat Assessment/Management Training with Travel expenses for instructors.

1 Each

Optional

Advanced Threat Assessment/Management Training with Travel expenses for instructors.

1 Each

Optional

Advanced Threat Assessment/Management Training with Travel expenses for instructors.

1 Each

Optional

Advanced Threat Assessment/Management Training with Travel expenses for instructors.

1 Each requirement. Unnecessary elaboration or presentations beyond what is sufficient to present a complete and effective solution are not desired and may be construed as a lack of understanding of the requirement.

If a Quoter believes that the requirements in these instructions contain an error, omission, or are otherwise unsound, the Quoter shall immediately notify the Contracting Officer (KO) in writing. The Quoter is reminded that the

Government reserves the right to award this effort based on the initial quote, as received, without discussions.

Quotes must be prepared in accordance with these instructions. Failure to do so may result in the Quoter’s submission being determined unacceptable and ineligible for award. Each Quoter’s submission shall be screened by the KO upon receipt to ensure completeness and compliance with the instructions contained in the Request for

Quote (RFQ). Elimination of a Quoter is at the sole discretion of the KO.

This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition

Circular (FAC) 2023-06, Effective 04 December 2023 and Defense Federal Regulation Supplement (DFARS)

Change 12/22/2023. It is the responsibility of the contractor to be familiar with the applicable provisions and clauses, which can be accessed in full text at www.acquisition.gov.

F. CONFIDENTIAL INFORMATION: The Freedom of Information Act (FOIA) and its amendments have resulted in an increasing number of requests from outside the Government for copies of contract qualifications and quotes/proposals submitted to federal agencies. If a Quoter’s submissions contain information that he/she believes should be withheld from such requestors under FOIA on the grounds that they contain “trade secrets and commercial or financial information” (5 USC 552(b)(4)), the Quoter should mark its submissions in the following manner:

The following notice should be placed on the title page: “Some parts of this document, as identified on individual pages, are considered by the submitter to be privileged or confidential trade secrets or commercial or financial information not subject to mandatory disclosure under the Freedom of Information Act. Material considered privileged or confidential on such grounds is contained on page(s) _______.”

G. SUBMISSION OF QUESTIONS AND QUOTES:

1. Questions Submission. All questions must be received by 10 January 2024 at 12:00 PM EST. All questions submitted for this solicitation must be electronically sent to the following e-mail addresses:

lecia.rosario@ncis.navy.mil and kristin.gomez@ncis.navy.mil.

Note: Due to the firewall on Government networks, please be advised that it is the Quoter’s responsibility to ensure all electronic submittals of questions are received by the KO in the timeframe given above.

2. Quote Submission. Electronic quotes are authorized for this solicitation. Quotes must be submitted no later than 15 January 2024 at 12:00 PM EST. Quotes shall be sent via email to lecia.rosario@ncis.navy.mil and kristin.gomez@ncis.navy.mil with the RFQ number listed in the subject line. In order to maximize efficiency and minimize the effort involved in the quotes evaluation process, all Quoters must comply with the following instructions for quote format and content. Quotes that do not comply with these instructions may be considered non-responsive and may render the Quote ineligible for award. Quoters that fail to furnish required representation or technical information as required by Federal Acquisition Regulation provisions 52.212-1, Instructions to Quoters or reject the terms and conditions of this solicitation shall be excluded from consideration.

3. Quote Format and Content. The Quoter shall submit all quote information in electronic format. Text and graphics portions of the electronic copies shall be in a Portable Document File (PDF) format readable by Adobe

Acrobat Reader. Data submitted in spreadsheet format shall be readable by Adobe Acrobat Reader or MS Excel

2016 or earlier.

Quoters must include a signed RFQ form SF 1449 to the Contract Specialist named above. Block 17a should be completed with company name, address, POC and email, CAGE Code, DUNS number, TIN number, and phone and fax numbers. The Schedule of Supplies and Services, Unit and Extended Price shall be filled in and totaled at the bottom. Failure to follow directions will cause the offerors quote to be unacceptable, deemed non-responsive. No other form of quotation will be accepted.

II. FAR 52.212-2 ADDENDUM: EVALUATION – COMMERCIAL ITEMS

A. Evaluation Factors for Award.

1. GENERAL. The Government will select the best overall quote, based on a comparative evaluation process between quotes in accordance with FAR 13.106-2(b)(2). The following comparative evaluation factors will be used to evaluate quotes:

Technical Capability

Price

When using the comparative evaluation methods IAW FAR 13.106-2(b)(3), the Government is not required to identify relative weight of evaluation factors, hold discussions, or use other FAR Part 15 procedures under the comparative evaluation process. Direct comparisons are made by comparing one acceptable quotation with another in a uniform and fair manner to determine which quoter provides the government the Best Value as outlined in requirements listed in the PWS. Therefore, the award will not be made to the Lowest Price Technically Acceptable

(LPTA).

The Government intends to evaluate quotes and award a purchase order without discussions with Quoters.

Therefore, each initial quote should contain the Quoter’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if the KO later determines them to be necessary. If the KO determines that the number of quotes in the competitive range exceeds the number at which an efficient competition can be conducted, the KO may limit the number of quotes. The limit in the competitive range will be to the greatest number that permits an efficient competition among the most highly rated quotes.

This acquisition will utilize comparative analysis procedures to achieve the best-value for the Government. An award will be made to the acceptable Quoter whose quote represents best-value to the Government, is deemed responsible in accordance with the FAR, and the quote conforms to the solicitation requirements. The solicitation requirements include all stated terms, conditions, representation and certification, and other information required by this solicitation.

The Government will conduct the procurement consistent with a concern for fair and equitable competition and must evaluate quotes in accordance with the terms of the solicitation. Evaluation of quotes will be based on the

Comparative Analysis process in accordance with FAR Part 13.106-2(b)(3). Comparisons between quotes are made after establishing technical acceptance of quotes according to the technical criteria as discussed below.

2. Technical Capability.

This factor will be evaluated to determine technical acceptability. The Government will evaluate the Quoter’s knowledge and understanding of the requirements by assessing how the Quoter clearly demonstrates their technical solution to meet the performance requirements. The quote shall provide a detailed technical approach that demonstrates the proposed solution will meet the solicitation requirements within the PWS. A mere statement that the quoter will meet the Government’s requirement is NOT sufficient.

The Quoter must also clearly state whether they can meet the required timeframes for all performance and technical requirements. If the vendor cannot meet the required timeframes, they will not be considered acceptable.

Lastly, the quoter must discuss previous past performance of providing a similar solution for other Government or non-Government entities, and within the past 5 years. The Government may use information such as Contractor

Performance Assessment Reporting System (CPARS) and FAPIIS data available from Government sources to evaluate a Quoter's past performance.

The following ratings/definitions will be utilized for Technical Capability:

RATING DEFINITION

Acceptable Quote meets the requirements of the solicitation.

Unacceptable Quote does not meet the requirements of the solicitation.

3. Price.

The Government will evaluate the Quoters’ pricing, but this factor will not be given a rating. Quotes will be evaluated on completeness, accuracy, and reasonableness. Evaluation of the quoted prices for the services will be based on a comparison of quoted prices received in response to the solicitation. In addition, prices may also be based on a comparison to the Independent Government Estimate (IGE) along with any other relevant price analysis techniques defined in FAR 15.404-1(b). Note, that while FAR Part 15 does not apply to this procurement, the price analysis techniques defined in FAR 15.404-1 may be utilized as appropriate.

Comparison of the quoted pricing is considered in the overall evaluation of “best value” to the Government based upon the anticipated level of competition. The price of the base and option periods will be evaluated in accordance with FAR 52.217-5, Evaluation of Options. The Government makes no guarantee that the option periods will be exercised. It is the Government’s unilateral right to exercise any option periods providing the Notice of Intent is submitted to the contractor within the time specified in FAR 52.217-9 or 52.217-8 of the contract. Once option periods are exercised, the Contractor is required to perform the work when ordered during the scheduled period of performance of the award.

Additionally, the clause at FAR 52.217-8 authorizes the Government to require continued performance of any services within the limits and at the rates specified in the contract. For the purpose of evaluation only, the

Government will evaluate this potential option to extend services by adding six (6) months of the Quoter’s final option period price to the Quoter’s total evaluated price. Quoters are notified that the Government may choose to use the Option to Extend Services clause at the completion of any performance period. Quoter’s pricing should reflect the potential exercise of the FAR 52.217-8 clause, Option to Extend Services, keeping in mind that this solicitation is competitive and should reflect the Quoter’s most competitive prices and terms.

Reasonableness. The Government will evaluate the reasonableness of quoted prices for the base and option periods by assessing the acceptability of the Quoter’s methodology used in developing the price estimate. For the price to be reasonable in its nature and amount, it should not exceed that which would be incurred by a prudent person in the conduct of a competitive business. The price quote should avoid ambiguities of inclusion, exclusion, or content.

Reasonableness takes into account the context of a given evaluation, including current market conditions, general economic conditions, and other factors that affect the ability of a Quoter to perform the purchase order requirements. Normally, adequate price competition establishes a fair and reasonable price. Reasonableness depends upon a variety of considerations and circumstances, including:

Whether it is the type of cost generally recognized as ordinary and necessary for the conduct of the

Quoter’s business or of the contract performance;

Generally accepted sound business practices, Federal and State laws and regulations, etc.; and

Any significant deviations from the Quoter’s established practices.

Completeness and Accuracy. The Government will review the pricing for completeness and accuracy. A determination will be made as to whether the Quoter properly completed the Pricing Table. The Quoter’s quote will be checked for mathematical correctness to include the following:

1) Checking arithmetic in all computations; and

2) Ensuring all prices are summarized correctly.

4. Basis of Award. This acquisition will utilize comparative analysis procedures to achieve the best-value for the

Government. Award will be made to the acceptable Quoter whose quote represents the best-value to the

Government, is deemed responsible in accordance with the FAR, and quote conforms to the solicitation requirements. The solicitation requirements include all stated terms, conditions, representation and certification, and other information required by this solicitation.

The Government reserves the right to award without discussions. Quoters should not expect requests for clarification or additional information from the Government. Award will be based on the initial evaluation of quotes received in response to the solicitation. Therefore, each initial quote should contain the Quoter’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if determined necessary by the Contracting Officer. The Government may reject any or all quotes if such action is in the public interest; and may waive informalities and minor irregularities in quotes received.

5. Notification of Award. A written notice of award or acceptance of a quote will be furnished to the successful

Quoter within the time for acceptance specified in the quote. In addition, the award shall result in a binding purchase order without further action by either party. Before the quote’s specified expiration time, the Government may accept the quote, whether or not there are discussions after its receipt, unless a written notice of withdrawal is received before award.

PERFORMANCE WORK STATEMENT

FOR

BEHAVIORAL THREAT ASSESSMENT AND THREAT MANAGEMENT

TRAINING

1.0 SCOPE.

The scope of work is to obtain support services to conduct behavioral threat assessment and threat management training. This training addresses the multiple types of evolving threats and offers a measured process based on scientific research for intervention tactics and threat mitigation involving a reported person of concern.

2.0 BACKGROUND.

The Naval Criminal Investigative Service (NCIS) is the federal law enforcement agency charged with conducting investigations of felony-level offenses affecting the Navy and Marine Corps. NCIS is comprised of approximately

2,000 personnel in over 40 countries around the globe. The organization is roughly 90% civilian, and its cadre of federal agents, about half its total personnel, is 98% civilian. Criminal investigations are at the foundation of virtually all the organization does, but the NCIS mission is broad, “Prevent Terrorism, Protect Secrets, and Reduce

Crime.” A portion of the NCIS mission encompasses conducting proactive efforts aimed at threat mitigation, intervention and prevention involving the Department of Navy personnel, facilities, and assets.

3.0 GENERAL REQUIREMENTS.

NCIS requires instructional services to conduct specialized Behavioral Threat Assessment and Management

(BTAM) training. The vendor is to provide and develop training capabilities for recognizing, collecting, and analyzing behavioral information. In addition, training shall include identifying threat enhancing and mitigating characteristics and determine the potential national security threats and/or violence threats. The class will included approximately 24 NCIS personnel to include Special Agents (SAs), investigators, and analysts.

The training shall highlight the threat assessment process and present a unique combination of domains such as:

(1) analysis of threatening communications,

(2) targeted violence warning signs/behaviors,

(3) historical active shooter/mass murder cases,

(4) various violent extremist beliefs,

(5) ideologically driven terrorist acts,

(6) public figure and prior sexual intimate stalking,

(7) current threat research,

(8) legal issues related to threat assessment cases,

(9) Structured Professional Judgment (SPJ) instruments used in workplace and/or academia violence situations such as the Workplace Assessment of Violence Risk (WAVR-21) and the

(10) Terrorism Assessment Radicalization Protocol (TRAP) -18, and

(11) Factual evidence related to mental illness and violence risk.

Additionally, the training shall introduce general best business practices for approaching threatening situations and describe contemporary threat intervention and management strategies.

This instruction shall cover cutting-edge concepts related to Threat Assessment and Management (TAM), utilizing scientific based methodology with particular investigative and operational applications. This training will sensitize students to the types of behavioral information requiring collection to assess the level of concern a person may pose as a violence or national security threat. Training shall also provide students with research findings from actual case studies of past violent attacks. These case studies shall amplify behavioral information about those individuals who were responsible and the significance of the observable indicators that were displayed by the attacker prior to the incidents.

The objectives of the training shall include the following:

(1) Students will become familiar with a wide variety of behavioral concepts in TAM, to include learning about the differences between a threat assessment and violence risk assessment. As well as different types of targeted violence, warning behaviors, mental health considerations, stalking and systematic approaches for handling workplace violence, and other threat scenarios.

(2) Students will increase their awareness and knowledge of historical/current threat research as well as threat enhancing and mitigating factors. Resulting in improved ability to better understand and consistently evaluate the potential threat so that the most appropriate management strategies can be applied to mitigate violence and national security risks.

(3) Students will be given a multitude of case examples that demonstrate these behavioral concepts and can provide a measured framework for handling threatening investigations and mitigating potential threats.

4.0 PERIOD OF PERFORMANCE.

A period of 90 days prior to the training date is anticipated to allow sufficient time to prepare training materials and personnel coordination for the 2-day presentation. The Contractor shall provide at least seven hours of instruction each day, but the instructional day will not run over the normal eight hour block of instruction. The scheduled training in 2024 will be held the week of 29 April – 3 May. Training in the out years are anticipated on being around the same time, fluctuating right or left to avoid weekends.

5.0 PLACE OF PERFORMANCE.

Training shall be presented at the Federal Law Enforcement Training Center (FLETC) located in Charleston, SC.

The Contractor shall be responsible for arranging off-site billeting and sustenance for its employees. All transportation, billeting, per diem, and incidental expenses must be calculated and included within the contractor’s price.

6.0 SPECIFIC REQUIREMENTS/DELIVERABLES.

The Contractor shall provide qualified subject matter expertise for TAM training courses presented as a 2-day presentation, combining lecture and a table top exercise, covering BTAM concepts. The Contractor shall deliver a

PowerPoint presentation and any supplemental training materials to NCIS 30 days prior to the training date in electronic format only, for review/approval by the Advanced Training Program Supervisor (ATPS).

7.0 PERSONNEL REQUIREMENTS.

The Contractor shall have 10 or more years of experience in conducting training related to BTAM. The Contractor shall have 10 years of experience in working criminal investigations or teaching forensic/criminal justice related professionals the various concepts in TAM. Worldwide experience consulting on criminal and civil cases, and have held a position as a federal criminal investigator or a professor within a forensic psychology/psychiatry department for 10 or more years. The Contractor shall have previous experience presenting training at federal law enforcement and/or federal government training venues. The Contractor shall have over 10 years of work history of providing a combination of training, consulting, and classroom instruction related to the topic of TAM.

The Contractor shall have experience in leading research, publishing first-authored scientific peer-reviewed articles, authoring and editing books, and providing peer reviews for academic journals in connection to multiple aspects in the TAM arena. Relative to threat assessment, the Contractor shall have knowledge of general law enforcement investigations and extensive knowledge of clinical matters. Clinical matters such as personality disorder, psychopathy, psychosis, criminality, and serious mental illness as illustrated by academic position, publications, consultation, and previous training provided. The Contractor shall have a Juris Doctor (JD) degree or a PhD in clinical psychology along with certification from the American Board of Professional Psychology (ABPP) in

Forensic Psychology at least 10 years ago. The Contractor shall have specific knowledge and/or practical experience involving measures, tests or instruments used in the TAM field. The Contractor shall have membership in specialized threat organizations, including the Association of Threat Assessment Professionals (ATAP), the

Canadian Association of Threat Assessment (CATAP) and/or the Association of European Threat Assessment

Professionals (AETAP). The Contractor shall have a TS/SCI clearance.

8.0 FACILITIES ACCESS AND SECURITY REQUIREMENTS.

The Contractor shall provide documentation of employment eligibility, individual identification as required to facilitate installation access at FLETC Charleston, SC. All personnel must be U.S. Citizens. NCIS will assist the contractor in obtaining installation access. The Contractor must supply personnel information (full names) to the

Threat Management Training (TMT) Program Manager (SA Sarah Griffin) at least 15 business days prior to arrival.

Her contact phone numbers are 571-305-9784 and 904-591-5093. Her email address is sarah.griffin@ncis.navy.mil.

NCIS’ secondary contact is the Division Chief for the Threat Assessment Unit (SA Carl Tamura). His contact phone number is 571-305-9696 and his email address is carl.tamura@ncis.navy.mil.

Upon award of the contract, and no later than 14 calendar days prior to the start of training, NCIS will contact the

Contractor regarding the upcoming training. The Contractor shall report to the NCIS TMT Program Manager no later than 7:45am on April 30 and/or May 01, 2024. The Contractor shall allow approximately 45-minutes to enter through security and gain access to FLETC Charleston.

9.0 QUALITY ASSURANCE AND ACCEPTANCE CRITERIA.

The Government will inspect and accept all work performed at the place of performance.

NCIS will validate and approve all goods and services reflected on invoices submitted by the Contractor.

Measurable standards are as follows:

(1) Did the contractor provide the lesson plan/training outline, applicable power point presentations and handouts on time?

(2) Did the instructor arrive on time?

(3) Did the instructor meet the qualifications set forth in this contract?

(4) Did the class instructor execute the lesson plan/training outline as approved by the ATPS in a clear, concise, and professional manner?

mailto:sarah.griffin@ncis.navy.mil mailto:carl.tamura@ncis.navy.mil

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

1001 Destination Government Destination Government

2001 Destination Government Destination Government

3001 Destination Government Destination Government

4001 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-MAR-2024 TO

28-FEB-2025

N/A NCIS-FLETC

SARAH GRIFFIN

2000 BAINBRIDGE AVENUE

NORTH CHARLESTON SC 29405

FOB: Destination

N63285

1001 POP 01-MAR-2025 TO

28-FEB-2026

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 01-MAR-2026 TO

28-FEB-2027

N/A (SAME AS PREVIOUS LOCATION)

3001 POP 01-MAR-2027 TO

29-FEB-2028

N/A (SAME AS PREVIOUS LOCATION)

4001 POP 01-MAR-2028 TO

28-FEB-2029

N/A (SAME AS PREVIOUS LOCATION)

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

52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-20 Predecessor of Offeror AUG 2020

52.209-2 Prohibition on Contracting with Inverted Domestic

Corporations--Representation

NOV 2015

52.209-11 Representation by Corporations Regarding Delinquent Tax

Liability or a Felony Conviction under any Federal Law

FEB 2016

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

Commercial Services

NOV 2023

52.217-5 Evaluation Of Options JUL 1990

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.233-1 Disputes MAY 2014

52.243-1 Changes--Fixed Price AUG 1987

52.249-1 Termination For Convenience Of The Government (Fixed

Price) (Short Form)

APR 1984

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

252.204-7000 Disclosure Of Information OCT 2016

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7009 Limitations on the Use or Disclosure of Third-Party

Contractor Reported Cyber Incident Information

JAN 2023

252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

JAN 2023

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

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements NOV 2023

252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2023

252.209-7999 Representation by corporations regarding an unpaid delinquent tax liability

FEB 2012

252.227-7015 Technical Data--Commercial Products and Commercial

Services

MAR 2023

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006

252.244-7000 Subcontracts for Commercial Products or Commercial

Services

NOV 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.

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

COMMERCIAL SERVICES (NOV 2023) ALTERNATE I (OCT 2014)

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.

https://www.sam.gov/

"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 concern"--

(1) Means a small business concern--

(i) Not less than 51 percent of which is owned 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 service-disabled 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.

(2) Service-disabled veteran 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).

"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 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 of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.] http://www.sam.gov/

(c) Offerors must complete the following representations when the resulting contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part

19 in accordance with 19.000(b)(1)(ii). Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that--

(i) It [ ___ ] is, [ ___ ] is not a small business concern; or

(ii) It [ ___ ] is, [ ___ ] is not a small business joint venture that complies with the requirements of 13…