Request for Quote- 52800PR230001507.pdf

The purchase order resulting from this solicitation will be issued as a FIRM-FIXED PRICE purchase order. The award will be made to the Offeror submitting the lowest priced quotation.

UNIQUE ENTITY IDENTIFIER (UEI) NUMBER, FEDERAL TAX IDENTIFICATION NUMBER, and CAGE CODE must be included in response. All proposals submitted shall include cost breakdown, unit price, extended price, payment terms and discount offered for prompt payment.

RESPONSES to this RFQ must be forwarded to: ann.m.leuters@uscg.mil and mark.a.rushing@uscg.mil.

Late submissions will not be accepted.

This solicitation includes the Requirements document and provisions & clauses and the following attachments:

Attachment 1- DOD-STD-2003_1 Attachment 2- Cable Inspection Criteria NAVSEA INST.9404.1D Attachment 3- BASE ACCESS FORM2.0 Attachment 4- DHS Form 11000-6 Attachment 5- IPP Clause Attachment 6- Electronic Submission of Payment Instructions

DISCLAIMER: Attachment 3- BASE ACCESS FORM2.0 and Attachment 4- DHS Form 11000-6 are not required for a response to the RFQ, but WILL be required prior to award.

REQUEST FOR QUOTATION

Open Market

Firm-Fixed Price

REQUEST NUMBER:

5280023PR0001507

CONSIGNEE AND DESTINATION:

USCG C5ISC-ESD-RFCB

4000 Coast Guard Blvd Portsmouth VA 23703

Annex 4 Lunchroom

RESPONSES DUE:

3:00PM EDT

18 July 2023

Period of Performance (PoP):

Please note the Government only requires 1-Each, 5 Day Training Course Required.

Three potential Course Dates:

• August 7, 2023 thru August 11, 2023

• August 21, 2023 thru August 25, 2023

• September 11, 2023 thru September 15, 2023

LINE

ITEM

QTY UNIT DESCRIPTION

0001 1 EA 1 each 5-day Navsea Cableway Training session for 20 participants. Training is held at USCG facilities in Portsmouth, VA during one of the potential date blocks identified in the period of performance. This includes travel, shipping of materials for the class, class materials, and labor in accordance with the Statement of Work.

mailto:ann.m.leuters@uscg.mil mailto:mark.a.rushing@uscg.mil

The Government will first review the quotes for completeness/compliance (everything required to be submitted has been submitted). If a quote is found to be incomplete/non-compliant, it will be removed from the evaluation process and it will not be further evaluated. Then the Government will list the remaining quotes by price, lowest to highest, and will begin the technical quote evaluation with the lowest priced Offeror. Upon finding the Offeror who meets the requirements listed in this RFQ (to include all attachments), the Offeror’s price will be evaluated for reasonableness. If the first quote evaluated is technically acceptable with a price that is reasonable, evaluation will stop. If the first quote evaluated is either not technically acceptable or has a price that is not reasonable evaluation will continue. Once the lowest reasonably priced, technically acceptable quote is found evaluations will stop.

5280023PR0001507

STATEMENT OF WORK

LAST UPDATED: 06/20/2023 PAGE 1/6

STATEMENT OF WORK (SOW)

NAVSEA Certified Cableway Training

1.0 GENERAL

1.1 BACKGROUND

The Comand, Control, Communications, Cyber and Intelligence Service Center (C5ISC),ESD-RFCB division, has a requirement to train personnel in proper cable installation and connections per NAVSEA guidelines, leading to NAVSEA Cableway Certification.

1.2 SCOPE

To provide 5 day NAVSEA Certified Cableway Training on location at C5ISC-ESD-RFCB in Portsmouth, VA for up to 20 participants who regularly work on shoreside and underway assets installing and removing communications equipment. Training should lead to NAVSEA Cableway Certification.

1.3 OBJECTIVE

The Goal of this requirement is to train 20 C5I-ESD-RFCB personnel in proper NAVSEA certified Cableway installs resulting in members becoming NAVSEA Cableway certified.

The cableway program provides NAVSEA Cableway Training and Certification to students. This training and certification provides the students with the safety and knowledge to inspect the ship's cableways and identify and correct all Category 1 and 2 discrepancies, to include the removal of dead-end cables, repair of wire way discrepancies and correction of all Fire Zone and watertight discrepancies.

The program is conducted in compliance with DOD STD 2003-Electrical Plant Installation Standard Methods 9EPISM and NAVSEAINST 9304.1D-Shipboard Electrical Cable and Cableway Inspection and Reporting Procedures- Reference NAVSEA letter, Serial #07Q/182 dated 19 March 1996, pertains to program authorization.

1.4 APPLICABLE DOCUMENTS

1.4.1 Compliance Documents

The following documents provide specifications, standards, or guidelines that must be complied with in order to meet the requirements of this contract:

a) Electric Plant Installation Standard Methods DOD-STD-2003 (NAVY) EPISM

b) Cable Inspection Criteria NAVSEA INST.9404.1D

2.0 SPECIFIC REQUIREMENTS/TASKS

2.1 NAVSEA Certified Cableway Training

https://uscg.sharepoint-mil.us/sites/cg9/ARM/SCOPE%20PARAGRAPHS.doc

LAST UPDATED: 06/20/2023 PAGE 2/6

2.1.1 Contractor must provide instructor and all necessary materials to include any necessary books, tools and equipment to teach the 5 day NAVSEA certified Cableway Training for up to 20 attendees.

Potential Course Dates:

• August 7th – August 11th 2023

• August 21st- 25th 2023

• September 11th – 15th 2023

2.1.2 C5ISC-ESD-RFCB will provide the facility between the hours of 0700-1700 on the above dates.

Training to include 1 hour for lunch and regular 10 minute breaks to occur at a minimum of once an hour.

2.1.3 To provide cable installers, pullers, repair personnel and inspectors training in proper cable removal and installation procedures Per:

a) Electric Plant Installation Standard Methods DOD-STD-2003 (NAVY) EPISM

b) Cable Inspection Criteria NAVSEA INST.9404.1D

2.1.4 Course Must Address the following Topics Per referenced standards:

• Use of & Proper Tools

• Tube Packing; Hard & Soft Packing & Neoprene Packing

• Stuffing Tube Blanking

• Installation of BX Conn including determining proper clearance hole size

• Installation of Metal Terminal Tube including determining proper clearance hole size

• Packing Nylon Tubes

• Blanking Nylon Tubes

• Blanking Unused Penetrations in Equipment

• Drip Proofing Non-watertight connectors/equipment

• Reinstall Cables Pulled out of connectors

• MCP Assembly and Disassembly

• MCP Blanking

• MCP Assy for Nonidentifiable Cables

• Installation of Straps, Hangers and Collars

• Understanding of Bend Radius and Layout

• Mounting Equipment

• Banding With/without Channel Rubber/COAX Cable

• Installation of Anti-Chafing Devices

• Installation of Fire Stop Material

• End Sealing Cables

• Splicing Shielded/UnShielded/Armored/Unarmored Cable

• Cable Installation

• Cable Removal

• Minor Hook Up Lights/Power/Comms

LAST UPDATED: 06/20/2023 PAGE 3/6

2.1.5 Comprehensive Exam to be conducted on the last day with those obtaining a score 70% or higher on the comprehensive exam is required for successful completion. Upon successful completion attendees will receive NAVSEA Cableway Certification card.

2.1.6 The contractor shall provide the government a copy of their proposed course critique evaluation and training syllabus at least 15 days prior to the beginning of the first session. The government shall approve the proposed course critique evaluation and training syllabus within 5 working days of receipt

3.0 CONTRACTOR PERSONNEL

3.1 QUALIFIED PERSONNEL

The Contractor must provide qualified personnel to perform all requirements specified in this SOW.

Contractor or Instructor must possess a NAVSEA Cableway Certification Card with at least 3 years experience teaching the course.

3.2 CONTINUITY OF SUPPORT

The Contractor must ensure that the contractually required level of support for this requirement is maintained at all times. The Contractor must ensure that all contract support personnel are present for all hours of the workday. If for any reason the Contractor staffing levels are not maintained due to vacation, leave, appointments, etc., and replacement personnel will not be provided, the Contractor must provide e-mail notification to the Contracting Officer’s Representative (COR) prior to employee absence.

Otherwise, the Contractor must provide a fully qualified replacement.

3.4 EMPLOYEE IDENTIFICATION

3.4.1 Contractor employees visiting Government facilities must wear an identification badge that, at a minimum, displays the Contractor name, the employee’s photo, name, clearance-level and badge expiration date. Visiting Contractor employees must comply with all Government escort rules and requirements. All Contractor employees must identify themselves as Contractors when their status is not readily apparent and display all identification and visitor badges in plain view above the waist at all times.

3.4.2 Contractor employees working on-site at Government facilities must wear a Government issued identification badge. All Contractor employees must identify themselves as Contractors when their status is not readily apparent (in meetings, when answering Government telephones, in e-mail messages, etc.)

and display the Government issued badge in plain view above the waist at all times.

3.6 EMPLOYEE CONDUCT

Contractor’s employees must comply with all applicable Government regulations, policies and procedures (e.g., fire, safety, sanitation, environmental protection, security, “off limits” areas, wearing of parts of DHS uniforms, and possession of weapons) when visiting or working at Government facilities. The Contractor must ensure Contractor employees present a professional appearance at all times and that their conduct must not reflect discredit on the United States or the Department of Homeland Security. The

LAST UPDATED: 06/20/2023 PAGE 4/6

Project Manager must ensure Contractor employees understand and abide by Department of Homeland Security established rules, regulations and policies concerning safety and security.

3.7 REMOVING EMPLOYEES FOR MISCONDUCT OR SECURITY REASONS

The Government may, at its sole discretion (via the Contracting Officer*), direct the Contractor to remove any Contractor employee from DHS facilities for misconduct or security reasons. Removal does not relieve the Contractor of the responsibility to continue providing the services required under the contract.

The Contracting Officer will provide the Contractor with a written explanation to support any request to remove an employee.

4.1 SECURITY

Contractor access to classified information is not currently required under this SOW. Contractor Personnel shall comply with all applicable government regulations, policies and procedures when visiting or working at Government facilities to include any base access requirements per the Local USCG Command Security Officer.

4.1 SECURITY

Under this SOW, Contractor may be exposed to Sensitive but Unclassified information. All Contractor employees with access to sensitive information shall execute DHS Form 11000-6, Department of Homeland Security Non-Disclosure Agreement (NDA), as a condition of access to such information.

4.1.1 On-site contractor personnel requiring access to government installation shall be properly vetted for badging credential. A Base Access Form will need to be filled out and submitted no later than 10 days before the course start. See attachment 3: Vendor Access Request Form.

The following conditions may apply:

4.1.1.1 Contractor personnel working under this SOW, at a minimum, must have a favorable fingerprint check and have the minimum Tier 1 investigation initiated and completed to obtain a DoD Common Access Card (CAC) via Trusted Associate Sponsorship System (TASS).

4.1.1.2 If a CAC is not required, then the provisions of COMDTINST 5532.1, Physical Access Control will be adhered to including a NCIC-III criminal history inquiry, favorable unescorted access determination and locally produced access credential issuance (i.e., visitor’s pass, temporary badge, etc.)

must be followed.

PROTECTION OF INFORMATION

Contractor access to information protected under the Privacy Act is required under this Contract. Contractor employees must safeguard this information against unauthorized disclosure or dissemination in accordance with the law and Government policy and regulation.

LAST UPDATED: 06/20/2023 PAGE 5/6

4.2 PERIOD OF PERFORMANCE

Three potential Course Dates. Please note the Government only requires 1-Each 5 Day Training Course Required:

• August 7th – August 11th 2023

• August 21st- 25th 2023

• September 11th – 15th 2023

4.3 PLACE OF PERFORMANCE

The primary place of performance will be at:

USCG C5ISC-ESD-RFCB

4000 Coast Guard Blvd Portsmouth VA 23703 Annex 4 Lunchroom

4.4 HOURS OF OPERATION

Contractor will conduct training between the hours of 0800 and 1700 EST, Monday through Friday.

Training to include 1 hour for lunch and regular 10 minute breaks to occur at a minimum of once an hour.

4.5 TRAVEL

This will be a Firm Fixed Price order. Travel will not be reimbursed. Any travel related costs must be included in the total cost of the project

4.7 GENERAL REPORT REQUIREMENTS

The Contractor must provide all written reports in electronic format with read/write capability using applications that are compatible with DHS workstations (Microsoft Office Applications).

4.8 SECTION 508 COMPLIANCE

4.9 Section 508 does not apply to your deliverables.

5.0 GOVERNMENT FURNISHED RESOURCES

The Government will provide the workspace necessary to perform the on-site portion of Contractor services required in this contract.

6.0 CONTRACTOR FURNISHED PROPERTY

LAST UPDATED: 06/20/2023 PAGE 6/6

The Contractor must furnish all necessary training materials to include manuals, workbooks and any tools and equipment for hands on activities.

7.0 GOVERNMENT ACCEPTANCE PERIOD

The COR will review deliverables prior to acceptance and provide the contractor with an e-mail that provides documented reasons for non-acceptance. If the deliverable is acceptable, the COR will send an e-mail to the Contractor notifying it that the deliverable has been accepted.

7.1 The COR will have the right to reject or require correction of any deficiencies found in the deliverables that are contrary to the information contained in the Contractor’s accepted proposal. In the event of a rejected deliverable, the Contractor will be notified in writing by the COR of the specific reasons for rejection. The Contractor may have an opportunity to correct the rejected deliverable and return it per delivery instructions.

8.0 DELIVERABLES

8.1 Within 14 calendar days after the last training session, the contractor shall provide the government copies of all course critique evaluations completed by students

8.2 Each student shall receive a certificate of course completion. The certificates shall be delivered to the COR within 30 days of the completion of the course

9.0 U.S. COAST GUARD POINTS OF CONTACT:

9.1 USCG Contracting Officer

Mark Rushing

CG-9142-2

E: Mark.a.rushing@uscg.mil

9.2 USCG Contract Specialist:

Ann Leuters Simplified Acquisition Branch

CG-9142-2

E: Ann.m.leuters@uscg.mil

9.2 USCG Contracting Officer Representative (COR):

Robert Jensen

USCG C5ISC

4000 Coast Guard Blvd, Portsmouth VA, 23455 Phone: 757-686-2144 Email: robert.jensen@uscg.mil

Provisions and Clauses Solicitation

FAR PROVISIONS

52.252-1 Solicitation Provisions Incorporated by Reference.

As prescribed in 52.107(a), insert the following provision:

Solicitation Provisions Incorporated by Reference (Feb 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): www.acquisition.gov

(End of provision)

FAR

Provision

No. Title Date 52.204-7 System for Award Management OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.212-1 Instructions to Offerors—Commercial Products and Commercial Services NOV 2021 52.212-2 Evaluation—Commercial Products and Commercial Services NOV 2021

52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services DEC 2022

52.212-3

52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services--Alternate I OCT 2014

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment NOV 2021

52.204-17 Ownership or Control of Offeror AUG 2020 52.204-20 Predecessor of Offeror AUG 2020 52.204-26 Covered Telecommunications Equipment or Services--Representation OCT 2020 52.222-22 Previous Contracts and Compliance Reports FEB 1999 52.222-25 Affirmative Action Compliance APR 1984

52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals— Representation DEC 2016

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.

As prescribed in 4.2105(a), insert the following provision:

http://www.acquisition.gov/

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 or 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) Representation. 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.

As prescribed in 4.2105(c), insert the following provision:

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)

(1) Representation. The Offeror represents that it □ does, □ does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it □ does, □ does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

(End of provision)

FAR CLAUSES

52.252-2 Clauses Incorporated by Reference.

As prescribed in 52.107(b), insert the following clause:

Clauses Incorporated By Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.acquisition.gov.

(End of clause)

FAR Provision No. Title Date

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-27 Prohibition on a ByteDance Covered Application JUN 2023

52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services DEC 2022

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services MAR 2023

52.219-28 Post-Award Small Business Program Rerepresentation OCT 2022 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations NOV 2015 52.222-42 Statement of Equivalent Rates for Federal Hires MAY 2014 http://www.acquisition.gov/

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving JUN 2020 52.224-3 Privacy Training JAN 2017

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements JAN 2017

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities NOV 2021

52.204-25 Prohibition of Contracting for Certain Telecomunications and Video Surveillance Services or Equipment NOV 2021

52.222-21 Prohibition of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020 52.222-41 Service Contract Labor Standards AUG 2018 52.222-50 Combating Trafficking in Persons NOV 2021 52.222-55 Minimum Wages Under Executive Order 13658 JAN 2022 52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2022 52.232-33 Payment by Electronic Funds Transfer—System for Award Management OCT 2018

52.232-34 Payment by Electronic Funds Transfer—Other than System for Award Management JUL 2013

52.232-40 Providing Accelerated Payments to Small Business Subcontractors NOV 2021 52.233-3 Protest after Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities.

As prescribed in 4.2004 , insert the following clause:

Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021)

(a) Definitions. As used in this clause—

Covered article means any hardware, software, or service that–

(1) Is developed or provided by a covered entity;

(2) Includes any hardware, software, or service developed or provided in whole or in part by a covered entity; or

(3) Contains components using any hardware or software developed in whole or in part by a covered entity.

Covered entity means–

(1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab;

(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or

(4) Any entity of which Kaspersky Lab has a majority ownership.

(b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits Government use of any covered article. The Contractor is prohibited from—

(1) Providing any covered article that the Government will use on or after October 1, 2018; and

(2) Using any covered article on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the contract.

(c) Reporting requirement.

(1) In the event the Contractor identifies a covered article provided to the Government during contract performance, or the Contractor is notified of such by a subcontractor at any tier or any other source, the Contractor shall report, in writing, to the Contracting Officer or, in the case of the Department of Defense, to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (c)(1) of this clause:

(i) Within 1 business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; brand; model number (Original Equipment Manufacturer (OEM) number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the report pursuant to paragraph (c)(1) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of a covered article, any reasons that led to the use or submission of the covered article, and any additional efforts that will be incorporated to prevent future use or submission of covered articles.

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

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

As prescribed in 4.2105(b), insert the following clause:

Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or

Equipment (Nov 2021)

(a) Definitions. As used in this clause—

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

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

Covered telecommunications equipment or services means–

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

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

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

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

Critical technology means–

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

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

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

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

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

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

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

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

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

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

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

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

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

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

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

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

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause

(i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products or commercial services.

HSAR CLAUSES

3052.204-71 Contractor employee access.

As prescribed in (HSAR) 48 CFR 3004.470-3(b), insert a clause substantially the same as follows with appropriate alternates:

Contractor Employee Access (SEP 2012)

(a) Sensitive Information, as used in this clause, means any information, which if lost, misused, disclosed, or, without authorization is accessed, or modified, could adversely affect the national or homeland security interest, the conduct of Federal programs, or the privacy to which individuals are entitled under section 552a of title 5, United States Code (the Privacy Act), but which has not been specifically authorized under criteria established by an Executive Order or an Act of Congress to be kept secret in the interest of national defense, homeland security or foreign policy. This definition includes the following categories of information:

(1) Protected Critical Infrastructure Information (PCII) as set out in the Critical Infrastructure Information Act of 2002 (Title II, Subtitle B, of the Homeland Security Act, Pub. L. 107-296, 196 Stat. 2135), as amended, the implementing regulations thereto (Title 6, Code of Federal Regulations, part 29) as amended, the applicable PCII Procedures Manual, as amended, and any supplementary guidance officially communicated by an authorized official of the Department of Homeland Security (including the PCII Program Manager or his/her designee);

(2) Sensitive Security Information (SSI), as defined in Title 49, Code of Federal Regulations, part 1520, as amended, “Policies and Procedures of Safeguarding and Control of SSI,” as amended, and any supplementary guidance officially communicated by an authorized official of the Department of Homeland Security (including the Assistant Secretary for the Transportation Security Administration or his/her designee);

(3) Information designated as “For Official Use Only,” which is unclassified information of a sensitive nature and the unauthorized disclosure of which could adversely impact a person's privacy or welfare, the conduct of Federal programs, or other programs or operations essential to the national or homeland security interest; and

(4) Any information that is designated “sensitive” or subject to other controls, safeguards or protections in accordance with subsequently adopted homeland security information handling procedures.

(b) “Information Technology Resources” include, but are not limited to, computer equipment, networking equipment, telecommunications equipment, cabling, network drives, computer drives, network software, computer software, software programs, intranet sites, and internet sites.

(c) Contractor employees working on this contract must complete such forms as may be necessary for security or other reasons, including the conduct of background investigations to determine suitability.

Completed forms shall be submitted as directed by the Contracting Officer. Upon the Contracting Officer's request, the Contractor's employees shall be fingerprinted, or subject to other investigations as required. All Contractor employees requiring recurring access to Government facilities or access to sensitive information or IT resources are required to have a favorably adjudicated background investigation prior to commencing work on this contract unless this requirement is waived under Departmental procedures.

(d) The Contracting Officer may require the Contractor to prohibit individuals from working on the contract if the Government deems their initial or continued employment contrary to the public interest for any reason, including, but not limited to, carelessness, insubordination, incompetence, or security concerns.

(e) Work under this contract may involve access to sensitive information. Therefore, the Contractor shall not disclose, orally or in writing, any sensitive information to any person unless authorized in writing by the Contracting Officer. For those Contractor employees authorized access to sensitive information, the Contractor shall ensure that these persons receive training concerning the protection and disclosure of sensitive information both during and after contract performance.

(f) The Contractor shall include the substance of this clause in all subcontracts at any tier where the subcontractor may have access to Government facilities, sensitive information, or resources.

For services: In accordance with FAR 22.1018 "Notification to Contractors and Employees" the US Department of Labor Poster WH 1313 SCA Poster must be posted along with the rates at a prominent and accessible place at the worksite.

Location of Poster and Wage Rates:

Wage Rates: https://WDOLhome.SAM.gov/

Poster: https://www.dol.gov/whd/regs/compliance/posters/sca.htm

The following Wage Determination applies to this contract: WD# 2015-54341 Rev 13 (Published on 06/21/2023).

https://wdolhome.sam.gov/ https://www.dol.gov/whd/regs/compliance/posters/sca.htm