NCIS REQUEST FOR QUOTE - N63285-21-T-1015 PEER SUPPORT TRAINING.pdf

Date: August 20, 2021

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

A. INTRODUCTION: This is a combined synopsis/solicitation (N63285-21-T-1015) for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, Streamlined solicitation for commercial items, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation.

The Naval Criminal Investigative Services (NCIS) has a requirement for Peer Support Training and

Consultation Support Services. In accordance with FAR Part 12 and 13, the NCIS, Acquisition Division

(Code 14B) is issuing a solicitation for the acquisition of such services. Required specifications are listed in

Schedule of Supplies/Services within this solicitation and in the Statement of Work (SOW). 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: Peer Support Training and Consultation Support Services

RFQ#: N6328521-T-1015

Purchase Request: N6328521RCA1015

Set Aside: Small Business

Authority: FAR 12 in conjunction with FAR 13

J&A: No

NAICS Code: 621330 – Offices of Mental Health Practioniers (except Physicians)

Basis for Award: Best Value, Comparative Analysis

B. SCHEDULE OF SUPPLIES/SERVICES:

CLINs Supplies/Services Description Quantity /

Unit of Issue

Unit

Price

Extended

Price

0001 Labor and Travel, Firm Fixed Price (FFP) – The

Contractor shall provide Peer Support training, consultation and clinical support services in accordance with SOW section 3.

12 Months

1001 Labor and Travel, Firm Fixed Price (FFP) – The

Contractor shall provide Peer Support training, consultation and clinical support services in accordance with SOW section 3.

12 Months

2001 Labor and Travel, Firm Fixed Price (FFP) – The

Contractor shall provide Peer Support training, consultation and clinical support services in accordance with SOW section 3.

12 Months

3001 Labor and Travel, Firm Fixed Price (FFP) – The

Contractor shall provide Peer Support training, consultation and clinical support services in accordance with SOW section 3.

12 Months

4001 Labor and Travel, Firm Fixed Price (FFP) – The

Contractor shall provide Peer Support training, consultation and clinical support services in accordance with SOW section 3.

12 Months

C. REQUIRED DELIVERY/PERIOD OF PERFORMANCE: See attached SOW (paragraph 5) 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 Statement of Work for more details on technical specifications.

E. 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

F. GENERAL: As a result of this solicitation, the Government intends to make a Firm Fixed Price (FFP) purchase order for a 12-month base period with up to four (4) 12-month option periods, to be exercised in accordance with FAR 52.217-9, Option to Extend the Term of the Contract. Also, this solicitation includes an additional six (6) month period IAW FAR 52.217-8, Option to Extend Services, to be exercised at the discretion of the Government.

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 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) 2021-06, Effective July 12, 2021 and Defense Federal Regulation Supplement

(DFARS) Change 07-09-2021. 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.

G. 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) _______.”

H. SUBMISSION OF QUESTIONS AND QUOTES:

1. Questions Submission. All questions must be received by 25 August 2021 at 10:00 PM EST. All questions submitted for this solicitation must be electronically sent to the following e-mail addresses:

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 1 September 2021 at 12:00 PM EST. Quotes shall be sent via email to kristin.gomez@ncis.navy.mil with 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 mailto:kristin.gomez@ncis.navy.mil mailto:kristin.gomez@ncis.navy.mil

Value as outlined in requirements listed in the SOW. 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 that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the KO may limit the number of quotes in the competitive range to the greatest number that will permit 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 the best-value to the Government, which is deemed responsible in accordance with Federal Acquisition Regulation and whose 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 Statement of Work (SOW). 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 and 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 will be the Government’s unilateral right to exercise any option periods providing that the Notice of Intent is provided to the contractor within the time specified in FAR 52.217-9 or

52.217-8 of the contract and, 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 price and terms.

Reasonableness. The Government will evaluate the reasonableness of quoted price 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, which is deemed responsible in accordance with Federal Acquisition Regulation and whose 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, 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 – BASED STATEMENT OF WORK

FOR

NCIS PEER SUPPORT TRAINING AND CONSULTATION SERVICES

1. BACKGROUND

The Naval Criminal Investigative Service (NCIS) Peer Support program helps people cope with a wide range of personal and/or work related issues. The rationale for such a program is that individuals who share common conditions or experiences can cope more effectively by discussing their experiences, sharing practical information, and offering moral support to one another. NCIS provides all employees the opportunity to receive emotional and tangible peer support through times of personal or professional crisis and to help anticipate and address potential difficulties. The NCIS Peer Support Program maximizes existing agency resources by providing employees with additional options and tools for dealing with personal problems. Annual as well as monthly recurring training will ensure current Peer Support Responders, Program Coordinator and Assistant Program Coordinator maintain skills and current best practices.

2. SCOPE

The scope of this effort to obtain support services for the training of NCIS personnel on the Peer Support

(PS) Team as well as provide consultation and clinical support of the NCIS Peer Support Team.

3. SPECIFIC REQUIREMENTS

3.1 The Contractor shall provide a 40-hour Annual Peer Support training session at NCIS HQ Quantico, VA or any location deemed appropriate by NCIS. If circumstances require virtual training, the Contractor shall provide this training virtually using a Government-approved video conferencing application. The training shall deliver all needed training materials within two (2) weeks prior to the training session. The training must consist of five (5) consecutive days at 8 hours per day, starting at 0700 and ending at 1600.

3.2 The Contractor shall provide on-going consultation and clinical support of the PS Team. This consultation will enhance and support the best peer support skills and lead to improved program participant outcomes, as well as increase the professional development of the PS Team members. Additionally, the

Contractor shall provide monthly training to the PS Team members in order to address NCIS needs for support. The Contractor shall also provide coaching, consulting, and mentoring to the PS Team members at any location with availability on a 24-hour, 7-day a week basis via email, telephone, or video conferencing, as applicable.

3.3 Critical Incident Response. The Contractor shall provide ad hoc training to review specific skill sets applicable to the impacts (i.e. emotional, psychological, etc.) of a critical incident. This includes immediate availability for coaching, consulting, and mentoring to the PS Team members at any location on a 24-hour, 7-day a week basis via email, telephone, or video conferencing, as applicable.

4. PLACE OF PERFORMANCE

The Government will furnish the training facility, which shall be located at the Russell Knox Building at

Quantico, VA or any other location deemed appropriate.

5. PERIOD OF PERFORMANCE

The Period of Performance will include a 12-month Base period with up to four (4) 12-month Option periods. The annual training sessions are anticipated to occur notionally during the 1st quarter per Fiscal

Year (Oct – Dec).

6. TRAVEL REQUIREMENTS

The Contractor/Trainer(s) shall travel to Quantico, VA or another CONUS east coast location as appropriate and approved by the Government in order to provide the required services. Travel will be required to support no more than one annual training session per year.

7. PERSONNEL REQUIREMENTS

The Contractor shall have a minimum of 15 years of experience in the field of police and public safety psychology, crisis intervention, trauma recovery and violence prevention. Experience shall include response to law enforcement specific and mass casualty disaster events with peer support teams. The Contractor shall have American Board for Professional Psychology for Police and Public Safety certification. The Contractor shall have experience with development and implementation with peer support teams for law enforcement and government agencies, and have experience with peer support training for law enforcement and government agencies. The Contractor shall have a doctorate-level licensed psychologist, with a Ph.D. in clinical or counseling psychology. Additionally, the Contractor shall have experience working globally and with individuals in extreme, high-risk, high-stress environments.

8. SECURITY REQUIREMENTS

The Contractor shall provide documentation of employment eligibility, individual identification as required to facilitate installation access at the Russell Knox Building, Quantico, VA. All personnel must be U.S.

Citizens. NCIS will assist the contractor in obtaining installation access. Contractor(s) must supply full name to the NCIS Peer Support Manager (to be identified at time of award) at least five (5) business days prior to arrival.

The Contractor shall be a United States-based company, licensed, chartered, or incorporated in the United

States.

All Contractor personnel shall be United States citizens and be capable of meeting minimum background checks prior to performance of the effort. Government personnel at NCIS HQ or other NCIS facility will facilitate in obtaining installation access. Contractor personnel must supply full name, personal identifiable information, contact phone numbers, and email addresses to the NCIS training academy at least five (5) business days prior to arrival in order for NCIS to conduct a background check and approve access to the

NCIS site.

All access and documentation shall be returned to the Government at the completion of the support services or upon termination or resignation of employment. Compliance with all NCIS communication regulations pertaining to access to e-mail and Internet activities is mandatory, as applicable. Failure to comply with security requirements is grounds for termination.

Access to the FLETC (as applicable), a Department of Homeland Security site, is a privilege that may be granted, denied, or withdrawn by FLETC. Denial or withdrawal may occur as a result of any type of misconduct or incident determined contrary to the best interest of the FLETC and NCIS’ mission, protection of property, welfare of personnel and for any other infraction determined justifiable for denying access.

8.1 The Contractor shall comply with the following:

a. No employee or representative of the contractor will be admitted on site unless they furnish satisfactory proof of United States citizenship or, if an alien, that their residence and employment within the United

States is legal.

b. All Contractor employees must possess a valid picture identification card issued by a State or Federal agency.

c. Contractor employees shall conduct themselves in a proper, efficient, courteous and business-like manner.

d. Contractor employees entering NCIS sites shall comply with all security requirements in effect during the contract periods and shall be subject to such checks as may be deemed necessary. The Contractor should contact each installation prior to beginning work on-site to ensure the Contractor understands and can comply with individual installation security requirements.

9. QUALITY ASSURANCE AND SURVEILLANCE

The purpose of quality assurance is to ensure that the Government has an effective and systematic method of surveillance for the required services. A Performance Requirements Summary (PRS) will be used primarily as a tool to verify that the Contractor is performing all required services in a timely, accurate and complete fashion.

1. Critical performance processes and requirements. Critical to the performance of Training and

Consultation Services in support of the NCIS Peer Support Program is the timely, accurate and thorough completion of all contract requirements.

2. Performance Standards:

a. Schedule - The due dates for deliverables and the actual accomplishment of the schedule will be assessed against original due dates and milestones established for the purchase order(s).

b. Deliverables – The deliverables required to be submitted will be assessed against the specifications for the deliverables detailed in the purchase order for the required content, quality, timeliness, and accuracy.

c. Past Performance - In addition to any schedule, deliverables, and cost aspects of performance discussed above, pursuant to FAR 42.15, the Government will assess the contractor’s record of conforming to contract requirements and to standards of good workmanship, the contractor’s adherence to contract schedules including the administrative aspects of performance, the contractor’s history of reasonable and cooperative behavior and commitment to customer satisfaction, and the contractor’s business-like concern for the interest of the customer.

3. Surveillance methods: The primary methods of surveillance used to monitor performance of this contract will include, but not be limited to:

i.Random or planned sampling;

ii.Periodic or inspection; and/or iii.Validated customer feedback/complaints.

4. Performance Measurement: Performance will be measured in accordance with the Performance

Requirement Summary (PRS), see below:

SOW

Para

Performance

Requirement

Quality

Standards

Acceptable

Quality Level

Surveillance

Method

Incentives

3.1 Provide Annual Peer

Support (PS) Training to include delivery of training materials.

Timely delivery of training.

High quality of materials.

95% Satisfaction for timeliness; 80%

Satisfaction for User

Proficiency

90% Satisfaction for

Quality of materials

Inspection by the

Office of the

Ombudsman;

Survey/User

Feedback

Satisfactory

CPARS report;

Exercise of Option

Period

3.2 Provide ongoing

consultation to and clinical review of PS team to include quarterly contact.

Timely contact each monthly.

High quality consult and review to PS

Team.

95% Satisfaction for timeliness of consultations/reviews per quarter

95% Satisfaction for quality of consultation/ benefit to PS Team members

Inspection by the

Office of the

Ombudsman;

Survey/User

Feedback;

3.3 Provide consultation

and response for critical incidents within 24 hours of notification.

Timely response to incident within 24 hours.

High quality level of support.

95% Satisfaction with

Timeliness

Inspection by the

Office of the

Ombudsman;

5. Measures to ensure quality: The designated Government official will make an annual report on the

Contractor’s performance (CPARS or other annual report). The Contractor’s failure to achieve satisfactory performance under the contract, reflected in the annual report, may result in termination of the contract and may also result in the loss of future Government contracts. The contractor’s failure to achieve satisfactory performance under the contract may result in the non-exercise of the option period(s).

For each item that does not meet acceptable levels, the Government official will notify the Contracting

Officer in writing with a copy sent to the Contractor. The Contractor must reply in writing within 5 days of receipt identifying how future occurrences of the problem will be resolved and/or prevented from recurring.

Based upon the contractor’s response proposed resolution, the Contracting Officer will determine if any further action will be taken.

In accordance with the inspection of services provisions of the contract, the Contractor shall be incentivized to provide quality products/services in a timely manner as the Government can require the Contractor, at no additional cost, to replace or correct work that fails to meet the performance requirements and standards.

10. NON-DISCLOSURE AGREEMENTS

All Contractor personnel will be required to sign non-disclosure agreements in order to protect the integrity of all operational information, processes or solutions pertaining to NCIS, proprietary or sensitive information, materials, items provided, used or accessed during this effort for the NCIS regardless of the information’s underlying classification level.

11 PRIVACY ACT

This effort may require that Contractor personnel have access to Privacy Information. In addition, personnel shall adhere to the Privacy Act, Title 5 of the U.S. Code, Section 552a and applicable agency rules and regulations. Contractor personnel will be expected to sign a Non-Disclosure Form, which will be provided to the Contracting Officer or the COR prior to commencing work. Contractor acknowledges that criminal penalties under section 1106(a) of the Social Security Act (42 USC 1306(a)), including possible imprisonment, may apply with respect to any disclosure of information in the file(s) that is inconsistent with the terms of the agreement. Contractor further acknowledges that criminal penalties under the Privacy Act (5

USC 552a(I)(3), as amended) may apply if NCIS determines Contractor, or any individual employed or affiliated therewith, knowingly and willfully obtained the file(s) or distributed information under false pretenses.

12. NMCARS 5237.102-90 Enterprise-wide Contractor Manpower Reporting Application (ECMRA)

(a) DOD contracting activities awarding or administering contracts shall incorporate the following

Enterprise-wide Contractor Manpower Reporting Application (ECMRA) standard language into all contracts which include services, provided the organization that is receiving or benefiting from the contracted service is a Department of Defense organization, including reimbursable appropriated funding sources from non-

DOD executive agencies where the Defense Component requiring activity is the executive agent for the function performed. The reporting requirement does not apply to situations where a Defense Component is merely a contracting agent for another executive agency. Contracted services excluded from reporting are based on Product Service Codes (PSCs). The excluded PSCs are:

(1) W, Lease/Rental of Equipment;

(2) X, Lease/Rental of Facilities;

(3) Y, Construction of Structures and Facilities;

(4) D, Automatic Data Processing and Telecommunications, IT and Telecom- Telecommunications

Transmission (D304) and Internet (D322) ONLY;

(5) S, Utilities ONLY;

(6) V, Freight and Shipping ONLY.

(b)The standard language to be inserted is:

“The contractor shall report contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for Interview and Interrogation Training Support via a secure data collection site. Contracted services excluded from reporting are based on Product Service Codes

(PSCs). The excluded PSCs are:

(1) W, Lease/Rental of Equipment;

(2) X, Lease/Rental of Facilities;

(3) Y, Construction of Structures and Facilities;

(4) D, Automatic Data Processing and Telecommunications, IT and Telecom- Telecommunications

Transmission (D304) and Internet (D322) ONLY;

(5) S, Utilities ONLY;

(6) V, Freight and Shipping ONLY.

The contractor is required to completely fill in all required data fields using the following web address:

https://www.ecmra.mil.

Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. Contractors may direct questions to the help desk, linked at https://www.ecmra.mil.

CLAUSES INCORPORATED BY REFERENCE

52.204-2 Security Requirement AUG 1996

52.204-7 System for Award Management OCT 2018

52.204-7 Alt I System for Award Management-- Alternate I 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

52.212-1 Instructions to Offerors--Commercial Items JUN 2020

52.212-2 Evaluation - Commercial Items OCT 2014

52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018

52.219-1 Alt I Small Business Program Representations (NOV 2020)

Alternate I

SEP 2015

52.219-6 (Dev) Notice of Total Small Business Set-Aside

(DEVIATION 2020-O0008).

OCT 2020

52.227-14 Alt II Rights in Data--General (May 2014) - Alternate II DEC 2007

52.227-15 Representation of Limited Rights Data And Restricted

Computer Software

DEC 2007

52.227-17 Rights In Data-Special Works DEC 2007

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

Award Management

OCT 2018

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-1 Disputes MAY 2014

52.243-1 Alt I Changes--Fixed Price (Aug 1987) - Alternate I APR 1984

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

252.204-7000 Disclosure Of Information OCT 2016

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

DEC 2019

252.204-7016 Covered Defense Telecommunications Equipment or

Services -- Representation

DEC 2019

252.204-7017 Prohibition on the Acquisition of Covered Defense

Telecommunications Equipment or Services --

Representation

DEC 2019

252.204-7018 Prohibition on the Acquisition of Covered Defense

Telecommunications Equipment or Services

JAN 2021

252.204-7019 Notice of NIST SP 800-171 DoD Assessment

Requirements

NOV 2020

https://www.ecmra.mil/ https://www.ecmra.mil/

252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2020

252.209-7999

(Dev)

Representation by Corporations Regarding an Unpaid

Delinquent Tax Liability or a Felony Conviction under any Federal Law (Deviation)

JAN 2012

252.227-7015 Technical Data--Commercial Items FEB 2014

252.227-7020 Rights In Special Works JUN 1995

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 Items JAN 2021

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND

VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications

Equipment or Services--Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror

Representations and Certifications-Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

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

Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019

(Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

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

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019

(Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a

Federal contract. Nothing in the prohibition shall be construed to--

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

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

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management

(SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that--

(1) It [] will, [] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The

Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the

Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--

It [] does, [] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded

"does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND

VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)

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

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network).

Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

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

Covered telecommunications equipment or services means--

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

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

Dahua Technology Company (or any subsidiary or affiliate of such entities);

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

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the

Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means--

(1) Defense articles or defense services included on the United States Munitions List set forth in the

International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal

Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export

Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled--

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

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

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

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations

(relating to export and import of nuclear equipment and material);

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

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control

Reform Act of 2018 (50 U.S.C. 4817).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019

(Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the

Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019

(Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR

4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

(c) Exceptions. This clause does not prohibit contractors from providing--

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting

Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil.