RFP.pdf

Defense Logistics Agency Electronic Security System Upgrade

Defense Supply Center Richmond (DSCR)

SP4703-20-R-0012

Source Selection Information -- See FAR 2.101 and 3.104 Page 1

1.0 REQUEST FOR PROPOSAL

1.1 INTRODUCTION

This Request for Proposal (RFP) is issued in an effort to solicit proposals for services required to support an upgrade of Defense Supply Center Richmond’s (DSCR) electronic security system (ESS).

The solicitation is organized into sections as follows:

Section 1 contains contracting/procurement specific information.

Section 2 contains the Performance Work Statement (PWS).

Section 3 provides instructions to offerors.

Section 4 provides evaluation criteria and the basis for award.

Section 5 provides a list of the provisions and clauses applicable to this solicitation and any resulting contract.

1.2 COMMERCIAL SERVICES REQUIREMENT

This combined synopsis/solicitation is being issued to publish both a notice (synopsis) and a solicitation for commercial services prepared as defined by the FAR (Sub Parts 5.202 & 12.603). This commercial service acquisition is being conducted in accordance with the regulatory authority of the

Federal Acquisition Regulation (FAR) Parts 12 and 13. The RFP is as a 100% small business set-aside.

The North American Industry Classification System (NAICS) Code is 561621 and the small business size standard is $22M. Partial proposals will not be accepted.

1.3 PRICING AND PERFORMANCE PERIOD

1.3.1 Pricing

The pricing mechanism to be used is Firm-Fixed Price (FFP).

1.3.2 Performance Period

The period of performance will be twelve (12) months, beginning on approximately 28 September

2020. Contractors should use this date for the development of their pricing proposals.

1.4 AWARD

1.4.1 Award without Discussion

The Government intends to evaluate proposals and make award without discussions. Proposals should contain the firm’s best terms within the proposed technical and business approach, and should address all evaluation factors. Additionally, the Government reserves the right to conduct discussions and request proposal revisions if it is determined to be necessary. If a negotiation range is

Source Selection Information -- See FAR 2.101 and 3.104 Page 2 established, the Government may limit the number of proposals in the negotiation range to the greatest number that will permit an efficient competition among the most highly rated proposals.

1.4.2 No Award

The Government reserves the right not to make an award as a result of this solicitation if such award is determined contrary to the best interest of the Government.

1.5 DISPUTES: AGREEMENT TO USE ALTERNATIVE DISPUTE RESOLUTION

In order to maintain its business relationships with industry and to avoid costly litigation, DLA is committed to promoting the use of Alternative Dispute Resolution (ADR) techniques, especially mediation. ADR is a voluntary process whereby a neutral third party assists the parties in resolving a dispute. DLA invites contractors to join DLA in agreeing to use their best efforts to resolve any pre-award or post award dispute that may arise from this solicitation, and any subsequent award, without litigation. If unassisted negotiations are unsuccessful, the parties agree to use ADR techniques in an attempt to resolve the dispute. Likewise, the parties agree that formal protest procedures or litigation will only be considered as a last resort, such as when ADR is unsuccessful or when ADR has been documented to be inappropriate for resolving the dispute. If the ADR is not successful, the parties retain their existing rights.

1.6 RFP SCHEDULE

The period of the solicitation is as follows:

Issue Solicitation

August 14, 2020

Closing Date of Solicitation

September 04, 2020

12:00 PM ET

QUESTIONS: Offerors may submit questions requesting clarification of solicitation requirements by emailing the Contracting Officer at kyle.gregory@dla.mil. All questions must be received by 12:00pm EST on August 26, 2020.

NO PHONE CALLS WILL BE ACCEPTED.

1.7 POINTS OF CONTACT

The Contracting Officer for this procurement is Kyle Gregory who may be reached by phone at (804)

279-6573 or via e-mail at Kyle.Gregory@dla.mil.

mailto:kyle.gregory@dla.mil mailto:Kyle.Gregory@dla.mil

Source Selection Information -- See FAR 2.101 and 3.104 Page 3

1.8 INVOICING

Invoices must be submitted through Wide Area Workflow (WAWF) in accordance with DFARS 252.232-7003. Refer to https:\\wawf.eb.mil for additional information.

1.9 SUBMISSION OF PROPOSALS

Contractors must submit their proposals electronically via email to kyle.gregory@dla.mil no later than the designated closing time and date indicated above.

** Interested vendors are hereby advised that the maximum size of an email to be received by a dla.mil email address is set to 15 MB. This limit includes attachments and digital signatures. Larger attachments will need to be split and sent via multiple emails.

The Government will process late submissions of proposals in accordance with Paragraph (f) of FAR

52.212-1 Instructions to Contractors – Commercial Items (Jan 2004). If an offer is received late and is not eligible for consideration in accordance with FAR 52.215-1 and Alternate I, then the Government will reject that proposal without further consideration.

2.0 PERFORMANCE WORK STATEMENT

See attached Performance Work Statement.

3.0 SUBMISSION REQUIREMENTS

3.0 SUBMISSION REQUIREMENTS

3.1 Proposal Requirements

3.2 Instructions

Instructions contained herein are to serve as a guide in preparation of proposals for this solicitation and are not intended to be all inclusive. These instructions generally describe the type and extent of information that should be provided in the proposal and emphasize several areas that are generally considered significant. The offeror is expected to completely examine and analyze all aspects of the technical areas to be addressed and to include information in its proposal that will enable the evaluators to determine the offerors’ understanding of the requirements.

3.3 Proposals submitted shall be contained in two separate volumes in the required number of copies as follows:

Source Selection Information -- See FAR 2.101 and 3.104 Page 4

Volume I – Non-Price Proposal consisting of:

A. Evidence of Required Certifications and Executed FAR 52.204-24 Provision

B. Technical/Management Proposal

Volume II – Price Proposal

3.3.1 All proposal pages should be in the following format/form:

a. Page Size 8 ½” x 11”

b. Single spaced, single sided, typed and numbered pages

c. Font size no less than 10

3.3.2 Proposals (Volumes 1 & 2) shall be submitted electronically via e-mail to kyle.gregory@dla.mil

3.4 Volume I – Non-Price Proposal:

A. All certifications stipulated in the PWS must be evidenced by inclusion in this volume. This includes, but is not limited to, the DoD 8570 related certifications and manufacturer certification that the offeror is a current LenelS2 Government Value Added reseller employing one or more current expert level technicians. The offeror shall also include a completed copy of FAR provision 52.204-24, included in this

RFP by full text.

B. Technical/Management Proposal (Page limit: 10 pages). The Technical Proposal should consist of two elements:

(1) A description of the vendors’ understanding of the work to be performed as described in the

Performance Work Statement. The proposal should demonstrate an understanding of the requirement and include a plan for satisfying the Government’s needs. The proposal should outline the actual work as specifically as possible.

(2) Past Performance: The vendor shall document past performance and experience working with projects similar to the one described in the PWS. Past performance and experience should demonstrate relevancy to the prior projects, and document customer satisfaction and quality level achieved on prior projects.

3.5 Volume II – Price Proposal (Page limit: None):

A firm fixed price proposal shall be submitted and shall be adequately substantiated by the offeror’s non-price proposal. The Contractor is responsible for providing adequate documentation to enable a thorough evaluation of the proposal.

Source Selection Information -- See FAR 2.101 and 3.104 Page 5

In accordance with FAR 2.101 and 3.104-4, it is required each offeror mark all material that may be source selection information as described at paragraph (10) of the “source selection information” definition in FAR 2.101, to include the cover page and each page that may contain source selection information with the legend “Source Selection Information – See FAR 2.101 and 3.104.

4.0 EVALUATION CRITERIA

4.1 BASIS FOR AWARD

Proposals will be evaluated for the purpose of determining the offerors’ ability to satisfy the

Government’s requirements. The award decision will be made on the basis of the Lowest Price

Technically Acceptable (LPTA) source selection process. Proposals will first be evaluated on the basis of technical acceptability, which will be determined by evaluating both the Technical and Past Performance factors. Only the proposals found to be technically acceptable will be further evaluated for award. In the case of a vendor without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror will not be evaluated favorably or unfavorably on past performance. Therefore, the vendor shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable.”

Price will be evaluated for reasonableness and completeness.

4.2 EVALUATION FACTORS

The proposal will be evaluated on the basis of the following criteria:

Factor 1- Technical Approach/Past Performance

In evaluation of this factor, proposals will be evaluated to ensure:

1. Proposal meets the requirements of the solicitation and performance work statement as evidenced by the offeror’s understanding of the work, a proposed plan for overall implementation and execution of project and a well-defined process for ensuring quality and timeliness of deliverables.

2. Current corporate capability to perform contract, including relevant corporate experience.

Based on the Government’s evaluation of the respective vendor’s non-price proposal, each vendor shall be assigned an overall Technical/Past Performance Rating in accordance with the table below:

Adjectival Rating Description

Acceptable Proposal meets the requirements of the solicitation and based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully

Source Selection Information -- See FAR 2.101 and 3.104 Page 6 perform the required effort, or the offeror’s performance record is unknown.

Unacceptable Proposal does not meet the requirements of the solicitation and/or based on the offeror’s performance record, the Government does not have a reasonable expectation that the offeror will be able to successfully perform the required effort.

Factor 2- Price

Proposed pricing will be evaluated to determine reasonableness and completeness.

The following clauses are incorporated into this RFP:

For full text of the clauses, go to https://www.acquisition.gov/FAR/loadmainre.html or http://farsite.hill.af.mil/vffar1.htm.

52.212-1 INSTRUCTIONS TO OFFERORS -- COMMERCIAL ITEMS: Disregard references to the SF1449 in this provision; other instructions still apply.

52.212-2 EVALUATION -- COMMERCIAL ITEMS: See Setion 4.0 of RFP.

52.212-3 OFFEROR REP AND CERTS -- COMMERCIAL ITEMS

52.212-3 OFFEROR REP AND CERTS -- COMMERCIAL ITEMS ALT I

52.212-4 CONTRACT TERMS AND CONDITIONS -- COMMERCIAL ITEMS

52.212-5 CONTRACT T/C REQ TO IMP STAT OR EOS -- COMM ITEMS

52.222-3 Convict Labor

52.222-19 Child Labor

52.222-50 Combating Trafficking in Persons

52.239-1 Privacy or Security Safeguard

52.233-3 Protest After Award

52.233-4 Applicable Law for Breach of Contract Claim

52.203-6 Restrictions on Subcontractor Sales to the Government with Alternate I

52.203-13 Contractor Code of Business Ethics and Conduct

52.203-15

Whistleblower Protections under the American Recovery and Reinvestment Act of

52.219-28 Post Award Small Business Program Representation

52.222-21 Prohibition of Segregated Facilities

5.0 PROVISIONS AND CLAUSES

https://www.acquisition.gov/FAR/loadmainre.html http://farsite.hill.af.mil/vffar1.htm

Source Selection Information -- See FAR 2.101 and 3.104 Page 7

52.222-26 Equal Opportunity

52.222-35 Equal Opportunity for Veterans

52.222-36 Affirmative Action for Workers with Disabilities

52.222-37 Employment Reports on Veterans

52.222-54 Employment Eligibility Verification

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving

52.225-13 Restrictions on Certain Foreign Purchases

52.232-33 Payment by Electronic Funds Transfer—System for Award Management

52.222-41 Service Contract Act

52.222-42 Statement of Equivalent Rates for Federal Hires

52.243-1 &

ALT I Changes – Fixed Price

52.203-6 Restrictions on Subcontractor sales to the Government & Alt 1

252.203-7000 Requirement Relating to Compensation of Former DoD Officials

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

52.209-6

Protecting the Government’s Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations

52.222-36 Affirmative Action for Workers with Disabilities

52.222-37 Employment Reports on Veterans

52.222-40 Notification of Employee Rights under the National Labor Relations Act

252.211-7006 Passive Radio Frequency ID DFARS

52.211-9033 Packaging and Marking Requirement DLAD

252.201-7000 Contracting Officer’s Representative DFARS

252.212-7001 CONT T/C REQ TO IMP STAT OR EXEC ORD APP TO ACQ OF COMM ITMS

252.246-7000 Material Inspection and Receiving Report DFARS

52.246-4 INSPECTION OF SERVICES -- FP

52.246-9007 INSPECTION AND ACCEPTANCE AT DESTINATION

52.211-17 DELIVERY OF EXCESS QUANTITIES

52.242-15 STOP-WORK ORDER

52.242-17 GOVERNMENT DELAY OF WORK

52.247-34 FOB Destination

252.203-7002 REQT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS

52.204-2 SECURITY REQUIREMENTS

52.204-7 SYSTEM FOR AWARD MANAGEMETN

52.204-09 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL

252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT

Source Selection Information -- See FAR 2.101 and 3.104 Page 8

252.204-7004 ALTERNATE A (52.204-7 REQUIRED CCR)

252.204-7005 ORAL ATTESTATION OF SECURITY RESPONSIBILITIES

52.204-9003 CONTRACTOR SECURITY REQUIREMENTS

52.204-9000 CONTRACTOR PERSONNEL SECURITY

52.209-9014 VEHICLE REGISTRATION AND OPERATIONS

52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION

52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION, ALT I

52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION, ALT II

252.232-7010 LEVIES ON CONTRACT PAYMENTS

52.233-9001 DISPUTES: AGREEMENT TO USE ADR

252.246-7003 NOTIFICATION OF POTENTIAL SAFETY ISSUES

52.252-2 CLAUSES INCORPORATED BY REFERENCE

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES

52.216-1 TYPE OF CONTRACT: FFP

52.233-9000 AGENCY PROTESTS

52.245-1 GOVERNMENT PROPERTY

52.223-1 BIOBASED PRODUCT CERTIFICATION

52.223-2

AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE

AND CONSTRUCTION CONTRACTS

52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA

52.223-4 RECOVERED MATERIAL CERTIFICATION

52.232-9

ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR

EPA-DESIGNATED ITEMS

52.223-10 WASTE REDUCTION PROGRAM

52.223-15 ENERGY EFFICIENCY IN ENERGY-CONSUMING PRODUCTS

52.223-16

IEEE 1680 STANDARD FOR THE ENVIRONMENTAL ASSESSMENT OF

PERSONAL

COMPUTER PRODUCTS (EPEAT)

52.223-17

AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN SERVICE

AND CONSTRUCTION CONTRACTS

52.223-19

COMPLIANCE WITH ENVIRONMENTAL MANAGEMENT SYSTEMS

252.223-7001 HAZARD WARNING LABELS

252.223-7004 DRUG-FREE WORK FORCE

252.223-7006

PROHIBITION ON STORAGE AND DISPOSAL OF TOXIC AND HAZARDOUS

MATERIALS DFARS

52.223-9000 MATERIAL SAFETY DATA SHEETS AND HAZARD WARNING LABELS

52.223-9001 ESTIMATE OF RE-REFINED OIL CONTENT

Source Selection Information -- See FAR 2.101 and 3.104 Page 9

52.223-9004 FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)

52.225-13 Restrictions on certain foreign purchases

52.201-1 Definitions

52.203-3 Gratuities

52.203-5 Covenant against Contingent Fees

52.203-7 Anti-Kickback Procedures

52.216-24 Limitation of Government Liability

52.216-25 Contract Definitization

52.225-13 Restrictions on Certain Foreign Purchases)

52.225-25 Prohibition on Contracting with Entities Engaging in Sanctioned Activities Relating to Iran – Representation and Certification

52.232-1 Payments

52.233-2 Service of Protest

252-232-7003 Electronic Submission of Payment Requests

52.232-9000 Wide Area Workflow-Receipt and Acceptance (WAWF-RA)

52.227-14 &

ALT II Rights in Data - General

252.227-7013 Rights in Technical Data—Non-commercial Items

252.227-7014 Rights in Non-commercial Computer Software and Non-commercial Computer Software Documentation

252.227-7015 Technical Data—Commercial Items

252.227-7016 Rights in Bid or Proposal Information

252.227-7017 Identification and Assertion of Use, Release, or Disclosure Restrictions

252.227-7025 Limitations on the Use or Disclosure of Government-Furnished Information Marked with Restrictive Legends

252.227-7030 Technical Data--Withholding of Payment

252.227-7037 Validation of Restrictive Markings on Technical Data

52.245-1 Government Property

252.227-7025 GFI (Government Furnished Information)

52.222-55 Minimum wages Under Executive Order 13658

52.222-99 Establishing a Minimum wage for Contractors. (DEVIATION)

52.232-9010 Accelerated Payments to Small Business

GREEN PROCUREMENT: All products proposed for use in, or requisitioned under this contract must conform to federal Green Procurement regulations as they relate to the Environmental Protection Agency's (EPA) Comprehensive Procurement Guidelines. These products include Energy Star or Federal

Energy Management Program designated electronics; United States Department of Agriculture bio-based designated products; Electronic Product Assessment Tool designated electronics; alternative fuels and

Source Selection Information -- See FAR 2.101 and 3.104 Page 10 fuel efficiency; and non-ozone depleting substances. Such products must meet contract performance requirements, taking into consideration price, competition, and availability factors.

52.212-2 -- Evaluation -- Commercial Items.

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Factor 1- Technical Approach/Past Performance

Factor 2- Price

(b) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of Provision)

52.252-2 -- Clauses Incorporated by Reference.

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):

https://www.acquisition.gov/FAR/loadmainre.html or http://farsite.hill.af.mil/vffar1.htm

(End of Clause)

Enterprise-wide Contractor Manpower Reporting Application

The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address:

http://www.ecmra.mil/ http://www.ecmra.mil/

Source Selection Information -- See FAR 2.101 and 3.104 Page 11

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (August 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) Representations. The Offeror represents that—

Source Selection Information -- See FAR 2.101 and 3.104 Page 12

(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

Source Selection Information -- See FAR 2.101 and 3.104 Page 13

(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 (August 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

Source Selection Information -- See FAR 2.101 and 3.104 Page 14

(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

Source Selection Information -- See FAR 2.101 and 3.104 Page 15

(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), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

(End of clause) https://dibnet.dod.mil/ https://dibnet.dod.mil/