RFP 70B01C20R00000110 Vehicle Disposal Services Solicitation.docx

Department of Homeland Security

U.S. Customs and Border Protection

Mobile Assets Program Management Office (MAPMO)

Vehicle Disposal and Auction Services

Combined Synopsis/Solicitation

1. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement is the only solicitation; proposals are being requested and a written solicitation will not be issued.

2. The solicitation number is 70B01C20R00000110 and is issued as a Request for Proposal (RFP).

3. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2020-08.

4. The associated North American Industrial Classification System (NAICS) code for this procurement is 425120 with a small business size standard of 100 employees. This requirement is a total Small Business set-aside and only qualified offerors may submit bids.

5. Contract Line Items:

In accordance with Federal Acquisition Regulation (FAR) 16.504 the below is a realistic estimated total maximum quantity captured in the below tables. This estimate is not a representation to an offeror that the estimated maximum quantity will be required or ordered, or that conditions affecting requirements will be stable or normal.

The minimum guaranteed amount for this contract will be ten (10) vehicles. The vendor will be paid from vehicle disposal sales

6. Pricing Sheet – See Attachment

7. Description of Requirements – See Attachment – Statement of Work

8. The selected Offeror must comply with the terms and conditions listed in the RFP.

9. Government Sales Center Waiver Information:

CBP currently operates as a Sales Center with temporary waiver authority granted by the General Services Administration (GSA). CBP is currently working to secure permanent authority. If GSA does not grant CBP permanent authority nor extend temporary waiver authority beyond December 31, 2022, CBP may not exercise the full period of performance.

10. Contract Ordering Procedures:

a. Orders placed under this contract must utilize the following procedures:

i. Orders that authorize the contractor to utilize proceeds of sale to be credited to the price or cost of the contractor’s performance of the vehicle disposition as defined in Federal Management Regulations (FMR) Part 102-38—Sale of Personal Property.

b. The period of performance of orders are not permitted to extend beyond one (1) year after expiration of the base IDIQ contract.

c. Oral orders under this contract are not authorized.

d. Contractor shall provide notice to CBP Contracting Officer when ordering levels exceed the following accrual points:

· 50% of any Contract Line Item (CLIN)

· 90% of any Contract Line Item (CLIN)

e. The agencies authorized to issue orders under this contract are the following. Participating agencies’ Contracting Officer and Contracting Officer Representative contact information will be provided upon award of the IDIQ contract and their respective Task Orders.

· U.S Customs and Border Protection (CBP)

· U.S. Immigration and Customs Enforcement (ICE)

· U.S. Secret Service

· U.S. Forrest Service

· Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)

· U.S. Marshal Service

j. All administrative responsibilities of the task orders are delegated to the authorized ordering agencies. These responsibilities include, but not limited to, Federal Procurement Data System – Next Generation (FPDS-NG) data entries, CPARS data entries, and other functions as required.

k. Copies of executed task orders shall be furnished by ordering agencies to the CBP Contracting Officer and Contracting Officer Representative (COR) for IDIQ contract administration purposes.

l. Service Contract Labor Standards apply to this IDIQ. Wage Determinations attached to the RFP are incorporated by reference for all states and locations. The following labor categories apply to the wage determinations.

01011 - Accounting Clerk I

01012 - Accounting Clerk II

01013 - Accounting Clerk III

01020 - Administrative Assistant

01041 - Customer Service Representative I

01042 - Customer Service Representative II

01043 - Customer Service Representative III

01051 - Data Entry Operator I

01052 - Data Entry Operator II

01060 - Dispatcher Motor Vehicle

01070 - Document Preparation Clerk

01111 - General Clerk I

01112 - General Clerk II

01113 - General Clerk III

01300 - Scheduler Maintenance

01311 - Secretary I

01312 - Secretary II

01313 - Secretary III

01531 - Travel Clerk I

01532 - Travel Clerk II

01533 - Travel Clerk III

01611 - Word Processor I

01612 - Word Processor II

01613 - Word Processor III

05005 - Automobile Body Repairer Fiberglass

05010 - Automotive Electrician

05040 - Automotive Glass Installer

05070 - Automotive Worker

05110 - Mobile Equipment Servicer

05130 - Motor Equipment Metal Mechanic

05160 - Motor Equipment Metal Worker

05190 - Motor Vehicle Mechanic

05220 - Motor Vehicle Mechanic Helper

05250 - Motor Vehicle Upholstery Worker

05280 - Motor Vehicle Wrecker

05310 - Painter Automotive

05340 - Radiator Repair Specialist

05370 - Tire Repairer

05400 - Transmission Repair Specialist

11030 - Cleaner Vehicles

13071 - Photographer I

13072 - Photographer II

14041 - Computer Operator I

14042 - Computer Operator II

14043 - Computer Operator III

14044 - Computer Operator IV

14045 - Computer Operator V

14071 - Computer Programmer I

14072 - Computer Programmer II

21020 - Forklift Operator

31361 - Truckdriver Light

31362 - Truckdriver Medium

31363 - Truckdriver Heavy

31364 - Truckdriver Tractor-Trailer

99710 - Recycling Laborer

99711 - Recycling Specialist

06550 - Senior Retail Automotive Technician

06520 - Retail Automotive Technician

06510 - Retail Automotive Helper

Auctioneer

Title Clerk

Licensed Automobile appraiser

Submission Instructions for Offerors Each offeror’s proposal submitted in response to this RFP shall be prepared in four volumes as delineated in the table below. Each of the volumes and parts shall be separate and complete.

3 References Max

Sub-Factor 1.1: Statement of Work Sub-Factor 1.2: Quality Assurance and Management Planning 15 pages total Sub-Factor 1.1 – 10 pages total Sub-Factor 1.2 – 5 pages total

Offerors are required to provide electronic copies of their proposals as stated in the table above. Electronic copies of the submissions and any modifications or revisions, are to be delivered to:

Charlene.M.Bunting@cbp.dhs.gov Nicholas.F.Martinelli@cbp.dhs.gov.

Questions are due September 14, 2020 at 12:00 pm EST, to the Contract Specialist, Charlene Bunting at Charlene.M.Bunting@cbp.dhs.gov and Nicholas.F.Martinelli@cbp.dhs.gov.

Proposals are due September 29, 2020 at 12:00PM EST. Proposals must be sent electronically by email to Charlene.M.Bunting@cbp.dhs.gov and Nicholas.F.Martinelli@cbp.dhs.gov.

All electronic submissions must be delivered in Microsoft® Office Suite 2013 (or higher versions when available) format for text submissions, and Microsoft® Office Suite 2013 (or higher versions when available) for spreadsheet submissions. Offerors shall not submit PDF documents, with the exception of the Volume I.

For each volume of the proposal submission, the offeror must identify the RFP number in the Subject Line of the email and should include “# of #” if multiple emails are required for submission of the entire proposal. Offerors are advised to submit electronic documents early and confirm successful transmission/receipt. Offerors also may want to consider sending more than one email to ensure size limitations will not hinder transmission (there is a 10MB size limitation for all individual CBP incoming transmissions). The contract specialist will provide an email return response signifying receipt of the transmission(s).

Late submissions, modifications, or revisions received via email after the exact time specified for receipt of submissions is late and will not be considered unless the CO determines that (1) there is acceptable evidence to establish that it was received at the Government email designated for receipt of submissions and was under the Government’s control prior to the time set for receipt of submissions, or (2) it is the only submission received. However, a late modification of an otherwise successful submission that makes its terms more favorable to the Government will be considered at any time it is received and may be accepted. Submissions may be withdrawn by written notice received at any time before award.

Each volume shall have a cover sheet. The cover sheet shall be clearly marked as to the volume number, title, RFP number, and contractor’s name, address, telephone number, email address and shall contain, at a minimum, information specified below (if applicable):

• Cover Sheet (1 page);

• Table of Contents (no page limit);

• List of Tables and Drawings if applicable (no page limit);

• Glossary (no page limit);

• Cross-Reference Matrix (no page limit);

• Requested Volume Information (see page limit in table above for specific volume).

The term “offeror” as used herein refers to the single legal entity submitting the offer to Customs and Border Protection. The work performed by the offeror shall be conducted by a corporate entity that will be totally responsible for all task order activities.

• The Government reserves the right to award an IDIQ and order without discussions or clarifications. Therefore, the offeror’s submission must contain their best terms. However, the Government reserves the right to solicit clarification of the offeror’s proposal or enter into discussions, if the Contracting Officer determines them to be necessary.

• The offeror shall include the point of contact (name, telephone number, and e-mail address) that can assist the Contracting Officer with technical questions/problems associated with the offeror’s submission.

• The Proposal shall be clearly indexed and logically assembled. Each volume shall be clearly identified and shall begin at the top of a page. All pages of each volume shall be appropriately numbered and identified by the complete company name, date and solicitation number in the header and/or footer.

MS Word files shall use the following page setup parameters:

· Margins – Top, Bottom, Left, Right - 1”

· Gutter – 0”

· From Edge – Header, Footer - 0.5”

· Page Size, Width – 8.5”

· Page Size, Height – 11”

· The following additional restrictions apply:

Each paragraph shall be separated by at least one blank line. A standard, 12-point minimum font size applies. Arial or New Times Roman fonts are required. Spacing shall be single spaced. Tables and illustrations may use a reduced font size not less than 9-point and may be landscape.

• Every page, except for the Title Page, of each volume shall contain a volume number and a page number. Blank pages will contain the marking “Page Intentionally Left Blank”. Every page will contain the offeror’s name and the RFP number. It is the offeror’s responsibility to ensure data considered sensitive is marked as such. Only these markings may appear in the margins. A standard non-disclosure statement is allowed in the footer of each page.

• The Title Page, table of contents, indexes and glossaries will not count against page limitations. Please note, however, that information contained in those portions of the proposal will not be considered as part of the government’s evaluation and are provided for ease of reference and informational purposes only. Qualifying pages partially used will be counted as one qualifying page.

Proposals must be prepared in accordance with instructions and provide all required information in the format specified. The Offeror is responsible for including sufficient details to permit a complete and accurate evaluation of the Proposal.

The required format is designed to ensure submission of information essential to the understanding and comprehensive evaluation of the offeror’s proposal. Pages in excess of the maximum will be removed from the end of the proposal volume by the Contracting Officer without being evaluated.

Factor 1 Instructions

· Sub-Factor 1.1: Statement of Work. The Offeror shall address each work area in sufficient detail to demonstrate a clear understanding of the Statement of Work. The Offeror’s shall present a realistic and efficient approach to fulfilling the Statement of Work’s requirements.

· Sub-Factor 1.2: Quality Assurance and Management Plan. The Offeror shall provide a sample Management Plan which should illustrate the degree to which the Offeror comprehends logistics, schedule, and any other issues the Government should be aware of in order to execute the requirements. The Plan shall also demonstrate the quality and effectiveness of the allocation of personnel and resources. The plan shall include, at minimum descriptions on how the Offeror will:

· Adhere to time schedules

· Provide reports and data

· Perform activities to obtain maximum proceeds for vehicles and parts

· Ensure customer satisfaction and/or resolve issues

Factor 2 Instructions

To address the Past Performance Factor, offerors should provide three (3) references. For each project used to demonstrate past performance, the Offeror must provide appropriate point of contact information for the individual within the client organization overseeing the services performed. Offerors shall provide information on any problems encountered on the identified contracts and the offeror’s corrective actions.

All past performance must have been completed or substantially completed within the past five (5) years of the RFP closing date. Offerors may include projects with the Federal Government, agencies of state and local governments, and commercial customers.

The offeror shall provide the following information in connection with each of the examples of past performance.

1. Name of Government agency (Federal, state or local) and contracting activity or company name;

2. Contract/task order/subcontract number;

3. Contract/task order type;

4. Dollar value;

5. Date of contract/task order award and period of performance (including option periods and award term periods, if applicable);

6. State performance responsibility as either prime contractor or subcontractor;

7. Description of work performed, including summary of program, specifications of systems maintained, number of change requests per year, and business process improvements made to customer;

8. Specialized Experience POCs: Name, mailing address, e-mail address, telephone number, and fax number of the following references:

1. Contracting Officer or company business manager

2. Contracting Officer’s Representative or company principal technical point of contact.

Past Performance must come from the small-business prime contractor.

Factor 3 Instructions

Offerors must complete the attachment titled “Vehicle Disposal Pricing Sheet”. Offerors will input the “Individual Unit Price Per Vehicle Cost” (column C) for the base year and all option years.

No other columns or lines are to be changed.

Evaluation Criteria

FACTOR 1 – TECHNICAL AND MANAGEMENT APPROACH:

Each Offeror will be evaluated on a contractor-provided approach formulated to meet the requirements of the Statement of Work (SOW). The following sub-factors will be evaluated. Sub-factor 1.1 is more important that 1.2.

· Sub-Factor 1.1: Statement of Work. The Government will evaluate the approach to ensure the offeror provided narrative describing their understanding of the objectives and technical and operational requirements. The narrative shall not simply restate the SOW. Sub-factor I will be evaluated to assess the viability and robustness of the proposed approach and capabilities for satisfying the requirements of the SOW.

· Sub-Factor 1.2: Quality Assurance and Management Plan. The Government will evaluate the offeror’s ability to manage all aspects of the contract in an efficient and effective manner that will achieve the program and mission requirements set forth in the SOW. The Government will also evaluate the offeror’s ability to provide quality customer service and address customer issues.

FACTOR 2 – PAST PERFORMANCE:

Offerors will be evaluated on their past performance of services that are relevant, similar in size, scope and complexity, to the requirements described in the SOW.

The Government shall consider this information, as well as information obtained from any other sources, when evaluating the offeror’s past performance. In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available, the offeror may not be evaluated favorably or unfavorably on past performance.

Adjectival Ratings for Factor 2 Past Performance:

FACTOR 3 – PRICING:

An evaluation of proposal pricing provided by Offerors in the price form attachment to the solicitation will be made in order to make a determination of fair and reasonable pricing.

BASIS OF AWARD (TRADE-OFF ANALYSIS) (JUN 2007)

Award shall be made to the offeror whose proposal is determined to best meet the needs of Government after consideration of all factors -- i.e., provides the “best value.” “Best value” is defined here as the procurement process that results in the most advantageous acquisition decision for the Government and is performed through an integrated assessment and trade-off analysis among cost or price and non-cost or non-price factors.

The basis for the award of a contract as a result of this Request for Proposal (RFP) will be a detailed, integrated evaluation by the Government on the basis of how well the proposal satisfy the evaluation criteria contained in the provision entitled “Evaluation Criteria” in this solicitation. Accordingly, the Government may award any resulting contract to other than the lowest priced offeror or other than the offeror with the highest technical merit rating.

The Contracting Officer or Source Selection Authority has the right to determine whether two or more technical proposals are "substantially equal" or whether any differences in technical weighing are "significant" for the purposes of evaluating the overall merit of proposals. Between proposals of substantially equal technical merit, price will become a more significant factor. Between competing proposals, the Government is not willing to pay significantly more for a minor technical difference, nor is the Government willing to forego a significant technical difference in exchange for a small cost/price differential.

RELATIVE IMPORTANCE OF EVALUATION FACTORS (JUN 2007)

Award will be made to that responsible offeror who proposal provides the combination of criteria offering the best overall value to the Government.

For this solicitation, the major evaluation factor categories are:

All evaluation factors/subfactors contained under the major categories identified above as “Non-Cost”, when combined, are significantly more important than Price. The Government is more concerned with obtaining superior technical/performance capability (represented by the non-cost evaluation categories) than with making an award at the lowest overall evaluated price. However, if the technical /performance aspects of competing proposals are determined to be essentially equivalent, the evaluated price may become the determining factor for award. The determination that technical/performance aspects are essentially equal is within the discretion of the source selection official.

RFP Clauses and Provisions

A. 52.252-2 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

I. FEDERAL ACQUISITION REGULATION (48 CHAPTER 1) CLAUSES

NUMBER TITLE

A. 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)

52.212-4 CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS (OCT 2018)

52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES

(DEVIATION 20-05)

(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 covered article provided to the Government 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, in writing, via email, to the Contracting Officer, Contracting Officer ' s Representative , and the Enterprise Security Operations Center (SOC) at NDAA Incidents@ hq.dhs.gov, with required information in the body of the email. 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 Enterprise SOC, Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) and Contracting Officer's Representative(s) for any affected order or, in the case of the Department ofDefense, 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)(l) 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 items.

(End of clause)

B. 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (AUG 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 the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items.

(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)

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (DEVIATION 20-05) (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 ofnuclear 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 of2018 (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)(l)(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)(l)(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 ofwhether that use is in performance ofwork under a Federal contract.

(c) Exceptions. This clause does not prohibit contractors from providing (!) 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 in writing via email to the Contracting Officer, Contracting Officer's Representative, and the Enterprise Security Operations Center (SOC) at NDAA Incidents@hq.dhs.gov, with required information in the body of the email. 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 Enterprise SOC, Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) and Contracting Officer's Representative(s) for any affected order or, in the case of the Department ofDefense, 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)(l) 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 (ifknown); supplier Commercial and Government Entity (CAGE) code (ifknown); 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 ), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

(End of clause) 52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES-REPRESENTATION (DEC 2019)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(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) 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.

(End of provision)

F. 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL ITEMS (AUG 2020)

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

(a) Definitions. As used in this provision— “Covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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

Forced or indentured child labor means all work or service—

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.“Sensitive technology”— Sensitive technology—

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

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

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

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

Service-disabled veteran-owned small business concern—

(1) Means a small business concern—

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

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

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service connected, as defined in 38 U.S.C. 101(16).

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

Small disadvantaged business concern, consistent with13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that—

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

(i) One or more socially disadvantaged (as defined at13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR124.104(c)(2); and

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation

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

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

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

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

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

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

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least51 percent of the stock of which is owned by one or more women; and

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

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

(2) The offeror has…