RFQ 5DDHQ22Q00000042.pdf

DRUG ENFORCEMENT ADMINISTRATION (DEA)

Financial Management Division

REQUEST FOR QUOTE (RFQ)

# 15DDHQ22Q00000042

Web-based tool for anonymous tip communications, tip management, and social media publishing.

DATE: 06/06/2022

SECTION A – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

SECTION B – INSTRUCTIONS TO OFFERORS

SECTION C – CONTRACT CLAUSES

5b. FOR INFORMATION CALL (NO COLLECT CALLS) a. NAME OF CONSIGNEE

NAME

Ernest.m.mbandi@dea.gov

TELEPHONE NUMBER

DEA AREA CODE

NUMBER

776-3088 Ext.: b. STREET ADDRESS

Attn: Financial Management Division

(FC)

8701 Morrissette Drive

8. TO:

a. NAME b. COMPANY

c. STREET ADDRESS

c. CITY

Springfield

d. CITY e. STATE f. ZIP CODE d. STATE

VA

e. ZIP CODE

22152-1080

10. PLEASE FURNISH QUOTATIONS TO THE

ISSUING OFFICE IN BLOCK 5a ON OR BEFORE CLOSE OF BUSINESS (Date)

0 / /2022 11:00 ET

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or service. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotation must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

The Drug Enforcement Administration is issuing a combined synopsis/solicitation for a Web-based tool for anonymous tip communications, tip management, and social media publishing services as described in the Statement of Work and Terms and Conditions attached. The government intends to issue a firm-fixed price contract pursuant to FAR Part to FAR Parts 12, and 19 for a period of one base year and four consecutive option years.

This proposed acquisition will be a 100% small business set-aside procurement.

The NAICS code is 511210 Software publishers, Size Standards in Millions of dollars $41.5M

See Continuation Sheet(s)

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS

NUMBER

PERCENTAGE

0.00 NOTE: Additional provisions and representations [X ] are [ ] are not attached.

13. NAME AND ADDRESS OF QUOTER 14. SIGNATURE OF PERSON AUTHORIZED TO SIGN

QUOTATION

15. DATE OF

QUOTATION

a. NAME OF QUOTER

b. STREET ADDRESS 16. SIGNER

a. NAME (Type or print) b. TELEPHONE

c. COUNTY AREA CODE

d. CITY e. STATE f. ZIP CODE c. TITLE (Type or print) NUMBER

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

STANDARD FORM 18 (REV. 6-95)

Prescribed by GSA-FAR (48 CFR) 53.215-1(a)

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER) THIS RFQ X IS IS NOT A SMALL BUSINESS SET-ASIDE PAGE OF PAGES

1 1

1. REQUEST NO.

15DDHQ22Q00000042

2. DATE ISSUED

6/10/2022

3. REQUISITION/PURCHASE REQUEST NO.

D-FC-22-0002

4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2 AND/

OR DMS REG. 1

RATING

5a. ISSUED BY

DEA

Attn: Office of Acq & Relo Mgmt (FA) 8701 Morrissette Drive Springfield, VA 22152-1080

6. DELIVER BY (Date)

7. DELIVERY

OTHER

X FOB DESTINATION (See Schedule)

9. DESTINATION

Anonymous Tip-Line: 15DDHQ22Q00000042

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE MATERIAL TRAVEL AMOUNT

COSTS COSTS

Base Year Tip Line management Services Quoter: Include a pricing Schedule with your quote

PSC: R408

1 EA $ $ $ $

1001 Option Year 1 Tip Line management Services Quoter: Include a pricing Schedule with your quote

2001 Option Year 2

Quoter: Include a pricing Schedule with your quote

3001 Option Year 3

Quoter: Include a pricing Schedule with your quote

4001 Option Year 4

Quoter: Include a pricing Schedule with your quote

Quotes are due by 3:00PM EST, 24 June 2022, via email to Ernest Mbandi:

Ernest.M.Mbandi@dea.gov.

SECTION A: DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

The DEA is soliciting Firm Fixed Price proposals from federal contractors to provide the services described in this Request for Quotation. This is a total small business set-aside requirement to a contractor capable of providing the DEA, a subscription to a web-based tip management system/tool for anonymous tip communications, tip management, and social media publishing. (Instructions for proposals are provided in Section B.)

Statement of Work for Tip Management Application

1. Task Description:

The Drug Enforcement Administration (DEA) is a United States (U.S.) federal law-enforcement agency and component of the Department of Justice (DOJ). The DEA’s responsibilities are unique as they focus on enforcing the US’ controlled substance laws and regulations.

Accordingly, the DEA enforces the federal laws and regulations relating to controlled substance laws while conducting investigations and working directly and in cooperation with other government agencies.

The DEA seeks to replace the current internal “tip line” with a subscription to a web-based tip management program. Currently, tip processing and review is performed by assigned administrators in each field division through an internal system that doesn’t provide a means to respond or communicate with the tipster anonymously and in real-time. The DEA is seeking a program that allows the DEA to follow-up with the tipster, in order to determine credibility of the tip, and seek additional information to promote a criminal investigation.

2. Scope:

The DEA is seeking a contractor to provide the government a subscription to a commercial tip management program that can be molded to fit the needs of the DEA, allowing for the receipt and management of tips on web-based platform that shall increase DEA’s effectiveness and efficiency in responding to public tips of criminal activity.

The DEA is anticipating a web-based tip solution for citizens to send anonymous two-way tips to DEA Headquarters, and the DEA’s twenty-three (23) Field Divisions and seven (7) Foreign Regional Offices, as applicable, via web-based tip forms, and through customized Android and iPhone applications.

3. Purpose and Objectives of Task:

The primary users of the anonymous two-way tip program shall be the DEA Headquarters’ Command Center, and each of the 23 Field Divisions and 7 Foreign Regional Offices, as mailto:Ernest.M.Mbandi@dea.gov applicable. This tip management program shall be a subscription service. Access to the tip management website (administrative dashboard), and smartphone administrator App (if applicable) shall be required on DEA’s Firebird system and government issued iPhones.

Information contained in the tip system will be unclassified.

The tip program shall be a tool used by law enforcement for secure, real-time communication from the public and other targeted groups via email, RSS/feed (web publishing), and include inbound two-way anonymous web, and custom iPhone and Android app-generated tips.

Operational requirements of the tip management platform shall:

a. Allow for the tipster to submit photos and/or videos with their tip via web tip form and iOS and Android mobile app, and/or text.

b. Allow for notifications of new tip submission sent to admin users via email and/or app.

c. Automatically archive inbound tips so reports can be created and downloaded by DEA personnel for future reference.

d. Allow the system to be RSS/feed ready to connect to Facebook, Twitter, Google Maps, Agency website, etc.

e. Include the ability to receive and translate tips in multiple languages.

f. Allow for transfer of tips to related agencies already using tip programs across the country, or routing of tips via inputting of agency contact’s email into the tip program, to forward the tip.

g. Provide an ability to monitor tips for personnel/physical security threats to the DEA and its employees, and for monitoring and managing spam tips across the DEA’s 23 Field Divisions and 7 Foreign Regional Offices, as applicable.

h. Automatically route inbound tips to the appropriate DEA divisional office, based on the tipster’s selection of location of the activity included in the tip.

i. Provide decentralized accessibility to any authorized DEA personnel via a secure web-based administrative dashboard, as well as an administrative mobile app environment on iOS and Android devices not available the public.

j. Provide an unlimited quantity of login credentials for admin and recipient users at DEA headquarters and each of DEA’s 23 Field Divisions and 7 Foreign Regional Offices, as applicable.

k. Provide unlimited training via live webinars, online webinars or tutorials and 24/7 technical support available.

l. Allow for a secure, cloud-based data storage with unlimited data.

Technical requirements for the tip management platform shall:

a. Fully conform all 3rd Party Software to the applicable Revised Section 508 Standards prior to delivery and before final acceptance.

b. Obtain an Authority to Operate (ATO) for any and all information systems that shall process, store, or transmit DOJ Information as a part of this contract. The ATO must be signed by the Authorizing Official for the DOJ component responsible for maintaining the security, confidentiality, integrity, and availability of the DOJ Information under this contract. As a part of the Contractor’s ATO, the Contractor shall ensure that all applications are fully functional, operating with the latest patches, and operating in accordance with all DOJ Security Requirements. The Contractor shall notify the contract’s Contracting Officer’s Representative (COR) or Contracting Officer (CO) of projected or planned significant changes in corporate ownership, information system design, and/or any technical changes that could impact the confidentiality, integrity, or availability of DOJ information, data, or systems. If, at any point during the contract, there are significant changes in corporate ownership, information system design, or any technical changes that impact the confidentiality, integrity, or availability of DOJ information, the contractor must undertake an update to their ATO. The DOJ standards and requirements for obtaining and maintaining an ATO are defined in DOJ Order 0904 (or its latest iteration). The ATO must be renewed or updated, as appropriate, throughout the operational life of the system.

c. Cloud Systems. Cloud based information systems in use within DOJ must be appropriately certified (e.g., FedRAMP Authorization) Additionally, the contractor must secure an Authority to Operate from the Authorizing Official of the DOJ Component responsible for maintaining the information system. If the Cloud Service Provider (CSP) or their offering is not FedRAMP authorized, the CSP must work with the authorizing official, the DOJ OCIO, and the FedRAMP Program Management Office to determine whether or not the CSP will seek Agency/FedRAMP authorization within 1 year of Departmental authorization or to proceed with DOJ authorization as a private cloud or Contractor Owned, Contractor Operated system. The Contractor must ensure that the CSP allows DOJ to access and retrieve any DOJ Information processed, stored or transmitted in a Cloud system under this Contract within a reasonable time of any such request, but in no event less than 48 hours from the request. To ensure that the DOJ can fully and appropriately search and retrieve DOJ Information from the Cloud system, access shall include any schemas, meta-data, and other associated data artifacts. CSPs must allow for the integration of the Department’s cybersecurity and network monitoring tools.

d. Security Requirements. The Contractor shall comply with all security requirements in place within the DOJ, as well as broader Federal cybersecurity requirements including but not limited to those found in the Federal Information Security Management Act of 2014 (“FISMA”), Privacy Act of 1974, E- Government Act of 2002, National Institute of Standards and Technology (“NIST”) Special Publications, Federal Information Processing Standards (“FIPS”) Publications, OMB Memoranda, and Federal Risk and Authorization Management Program (“FedRAMP”) guidance. DOJ cybersecurity requirements include the IT Security Standards, and the DOJ Cybersecurity Order 0904, and its subordinate Plans and Guides, as amended, to include the Security and Privacy Assessment and Authorization (SPAA) Handbook. These security requirements may be augmented, or amended, by new guidance set forth in Federal guidance or DOJ policy.

e. Supply Chain Risk Management. A SCRM review is mandatory for certain acquisitions. All new vendor products and solutions to be used on DOJ national security systems, enterprise-wide systems, or new FIPS-199 categorized High and Moderate systems must be submitted to DOJ OCIO for a Supply Chain Risk Management review prior to contract award or ATO signature. Major changes in corporate ownership or structure should be reported to the CO for referral to

SCRM.

f. Optional requirements. Additionally, a program manager or authorizing official may impose the following SCRM requirements for acquisition of systems, hardware, or software which will be used in systems that are mission critical or process especially sensitive data.

i. The contractor shall submit a SCRM Plan. The SCRM Plan shall meet the format described in NIST SP 800-161, Appendix E. The SCRM plan shall address the following security controls from NIST SP 800-53 Rev 5: SR- 2, SR-3, SR-4, SR-5, SR-6, SR-7, SR-8, SR-9, SR-10, and SR-

11. Equivalent ISO 27000 series controls may be used if they are mapped to the NIST control(s).

ii. The contractor shall implement the required security controls as documented in the SCRM Plan. The requirements of the SCRM plan shall flow down to all subcontractors.

iii. The contractor shall provide evidence of compliance with the SCRM Plan, as requested. The evidence may be in the form of a self-assessment by a contractor security team, or an external assessment by an independent auditor.

4. Travel Not Applicable

5. Place of Performance DEA agency wide

6. Period of Performance It is anticipated that one award will be made as a result of this RFQ for a period of performance of one base year, and four (4) one-year option periods.

Base Period: July 25, 2022 – July 24, 2023 Option Period 1: July 25, 2023 – July 24, 2024 Option Period 2: July 25, 2024 – July 24, 2025 Option Period 3: July 25, 2025 – July 24, 2026 Option Period 4: July 25, 2026 – July 24, 2027

7. Invoices

Invoices will be submitted in accordance with guidance provided in Section C: Clauses.

8. Payment

Payment of invoices will be made based upon acceptance by the Government that satisfactory services were provided.

9. Government Contacts

Contracting Officer: Ernest Mbandi, ernest.m.mbandi@dea.gov Contracting Officer Representative: TBD

SECTION B – INSTRUCTIONS TO OFFERORS

General Information

Quotes shall describe in detail how the work described in Section A will be accomplished. Offers should be specific and complete and should present the information necessary to provide a basis for the Government to evaluate your technical and managerial qualifications and your proposed solutions to technical problems.

Questions pertaining to this solicitation are due by 12 PM EST, 20 June 2022, via email to:

Ernest Mbandi, Ernest.M.Mbandi@dea.gov.

Quotes are due by 3:00PM EST, 24 June 2022, via email to: Ernest Mbandi, Ernest.M.Mbandi@dea.gov. All quotes submitted will become the property of the Government.

and will not be returned. If your quote contains information that you do not want disclosed to the public or used by the Government for any purpose other than evaluation of your proposal, such restriction shall be clearly indicated on each sheet containing such information. The Government reserves the right to make the award without discussion of the proposals received under this RFQ. Accordingly, you should submit your proposal on the most favorable terms possible from both a technical and pricing standpoint

Evaluation Factors for Award

The government will utilize confidence ratings for evaluating factors 1 and 2 as described below.

Basis for Award

Proposals will be evaluated in two areas, technical and price. For this Request for Quotation, the successful quote shall the lowest technically acceptable quote. However, when technical proposals are evaluated as essentially equal, price may be a deciding factor. It is important that adequate, specific, and complete information be provided in proposals. The absence of clear documentation to support the claim will adversely influence our evaluation of your quote.

FACTOR 1: Technical/Management Evaluation

Offers will be evaluated in relation to the following two technical factors:

mailto:ernest.m.mbandi@dea.gov mailto:Ernest.M.Mbandi@dea.gov

a. Quality of the Contractor’s Understanding of the Statement of Work in Section A of the

RFQ.

b. Suitability of the Contractor’s Technical Solution in providing the prescribed services.

Present clear and convincing evidence that you understand the scope of work as described in Section A, and that your technical approach to accomplishing this work is sound. Include:

(a) A brief narrative describing your understanding of DEA’s Tip-Line as the service described in Section A.

(b) A description of your anticipated technical approach to meeting the requirements of this solicitation. Your narrative should, at a minimum:

(1) Discuss the anticipated methodology to complete the work described in the Operational Requirements section of the Statement of Work in Section A).

(2) Include a scope of services, solutions, features, functionality, training, account setup to be provided to meet the Technical Requirements section of the SOW in Section A, and

(3) Describe your strategy for dealing with potential significant technical, administrative, or managerial problems that could arise, particularly those issues that impact the delivery of this services on a continuous basis.

FACTOR 2: Past Performance

The Offeror shall provide THREE references of past engagements involving completion of projects similar in nature to this one as described in Section A.

FACTOR 3: Price

The Government will evaluate the total estimated price to perform the identified services for the base and option periods to determine an estimated total price for performing the services as described in Section A. Techniques at FAR 15.404-1 will be used for price analysis. Include with your price proposal, a complete copy of your contract pricing schedules, assumptions or terms and conditions, showing a breakdown of the base period and all four option periods.

Technical and Past Performance Evaluation

The below matrix describes how the Government will rate technical and past performance for each quote.

Rating Scheme:

Confidence

Rating High Confidence Some Confidence Low Confidence

Factor 1:

Technical / Management Approach

Factor 2: Past Performance

Proposal meets requirements and indicates an exceptional approach and understanding of the requirements. The proposal contains multiple strengths and no deficiencies.

Proposal meets requirements and indicates an adequate approach and understanding of the requirements. The proposal has no strengths or deficiencies.

Proposal does not meet requirements and contains one or more deficiencies.

DEA PROVISION & CLAUSE MATRIX – COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

Updated through FAC 2022-04

January 2022 Page 1 of 30

SOLICITATION #: 15DDHQ22Q00000042

52.252-1 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 address:

https://www.acquisition.gov/far-smart-matrix.

(End of provision)

CONTRACTING OFFICER: Check the corresponding box for the provisions and clauses applicable to this procurement.

52.204-6 UNIQUE ENTITY IDENTIFIER (OCT 2016)

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

52.204-7 ALT I SYSTEM FOR AWARD MANAGEMENT (OCT 2018) WITH ALTERNATE I (OCT 2018)

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL 2016)

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

52.209-12 CERTIFICATION REGARDING TAX MATTERS (OCT 2020)

52.211-6 BRAND NAME OR EQUAL (AUG 1999)

52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(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:

See Section B above

[Contracting Officer shall insert the significant evaluation factors, such as (i) technical capability of the item offered to meet the Government requirement; (ii) price; (iii) past performance (see FAR 15.304); and include them in the relative order of importance of the evaluation factors, such as in descending order of importance.]

Technical and past performance, when combined, are [Contracting Officer state, in accordance with FAR 15.304, the relative importance of all other evaluation factors, when combined, when compared to price.]

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) 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.

52.225-7 WAIVER OF BUY AMERICAN STATUTE FOR CIVIL AIRCRAFT AND RELATED ARTICLES (FEB 2016)

DEA-2852.209-75 NATIONAL SECURITY RISK ASSESSMENT (JUN 2014)

(a) Any offeror responding to this solicitation acknowledges that before acquiring information technology equipment or software, the U.S. Department of Justice and its component entities will assess the supply chain risk of cyber-espionage or sabotage associated with the acquisition of such equipment or software, including any risk associated with such equipment or software being produced, manufactured, or assembled by one or more entities identified as posing a cyber-threat, including but not limited to, those that may be owned, directed, or subsidized by the People’s Republic of China.

(b) By submitting an offer to this solicitation, the Offeror understands and agrees that the Government retains the right to reject any offer or response to this solicitation made by the Offeror, without any further recourse by, or explanation to, the Offeror, if the Government determines the Offeror or the equipment or software offered by the Offeror, in whole or in part, presents an unacceptable risk to national security.

(c) To assist the Government in assessing whether the acquisition poses a national security risk, offerors are required to complete and submit with its offer or quotation the National Security Acquisition Risk Assessment Questions, which are attached to this solicitation. Offerors must answer all questions completely and accurately to the best of their knowledge and belief. All answers are to be reflective of the parent and subsidiary levels of an organization.

https://www.acquisition.gov/far-smart-matrix https://www.acquisition.gov/content/52204-6-unique-entity-identifier https://www.acquisition.gov/content/52204-7-system-award-management https://www.acquisition.gov/content/52204-7-system-award-management https://www.acquisition.gov/content/52204-7-system-award-management https://www.acquisition.gov/content/52209-7-information-regarding-responsibility-matters https://www.acquisition.gov/content/52209-12-certification-regarding-tax-matters https://www.acquisition.gov/content/52211-6-brand-name-or-equal https://www.acquisition.gov/content/52212-1-instructions-offerors-commercial-items https://www.acquisition.gov/content/52212-2-evaluation-commercial-items https://www.acquisition.gov/content/15304-evaluation-factors-and-significant-subfactors#i1108563 https://www.acquisition.gov/content/15304-evaluation-factors-and-significant-subfactors#i1108563 https://www.acquisition.gov/content/52225-7-waiver-buy-american-statute-civil-aircraft-and-related-articles

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(d) Offerors are also required to request, collect, and forward with its offer or quotation completed National Security Acquisition Risk Assessment Questions from all subcontractors that will provide any equipment or software in performance of the contract or order. Offerors are responsible for the thoroughness and completeness of each subcontractor's submission.

(e) Failure to provide any such requested information may render a proposal unacceptable.

JAR 2852.233-70 PROTESTS FILED DIRECTLY WITH THE DEPARTMENT OF JUSTICE (JAN 1998)

(Full text may be found at http://www.ecfr.gov/cgi-bin/text-idx?SID=a2b96acd03ae14bffc1e2ac908f1b3e0&mc=true&node=se48.6.2852_1233_670&rgn=div8)

CONTINUED ON NEXT PAGE

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OFFERORS – COMPLETE THE REPRESENTATIONS BELOW AND RETURN THEM WITH YOUR OFFER OR QUOTE IF THE VERSIONS OF THESE PROVISIONS IN YOUR ANNUAL REPRESENTATIONS AND CERTIFICATIONS IN THE SYSTEM FOR AWARD MANAGEMENT ARE EARLIER THAN OCT 2020.

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision— Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

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

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

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

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

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(d) 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:

https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.sam.gov/

January 2022 Page 4 of 30

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.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

Attention is drawn to paragraph (b) of provision 52.212-3, which requests offeror-provided fill-in information in (b)(2), when applicable:

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

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________.

[Offeror to identify the applicable paragraphs at (c) through (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

***** Paragraph (i) Contracting Officer fill-in information: Paragraph (i)(1): The end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor are listed by Schedule of Supplies/Services Item Number as follows: [when applicable, enter item numbers with country of origin in parentheses and separated by commas]

***** Paragraph (k) Contracting Officer fill-in information: select applicable item when an exemption to the Service Contract Labor Standards statute applies.

Paragraph k(1) is applicable. Paragraph k(2) is applicable.

(v) (2) The Offeror represents that—

(i) 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.

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

* Reasonable inquiry has the meaning provided in the clause 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

CONTINUED ON NEXT PAGE

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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 address: https://www.acquisition.gov/far-smart-matrix.

(End of clause)

CONTRACTING OFFICER: Check the appropriate box only for clauses that are applicable to this procurement.

52.203-16 PREVENTING PERSONAL CONFLICTS OF INTEREST (JUN 2020)

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (JUN 2020)

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER (MAY 2011)

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)

52.204-12 UNIQUE ENTITY IDENTIFIER MAINTENANCE (OCT 2016)

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020)

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

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (NOV 2021)

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

COVERED ENTITIES, IN ALL SOLICITATIONS AND CONTRACTS (NOV 2021)

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

52.207-5 OPTION TO PURCHASE EQUIPMENT (FEB 1995)

52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

52.212-4 ALT I CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021) WITH ALTERNATE I (NOV 2021)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (JAN 2022) (FAC 2022-04)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115–91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Sec.889(a)(1)(A) of Pub. L. 115-232)

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) (Executive Order 13658).

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[CONTRACTING OFFICER: CHECK THE CORRESPONDING BOX FOR EACH CLAUSE THAT APPLIES TO THIS ORDER.]

(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

(2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 3509)).

(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5).

(Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

(4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

(5) [Reserved]

(6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

(7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

https://www.acquisition.gov/far-smart-matrix https://www.acquisition.gov/content/52203-16-preventing-personal-conflicts-interest https://www.acquisition.gov/far/52.203-17 https://www.acquisition.gov/content/52204-4-printed-or-copied-double-sided-postconsumer-fiber-content-paper https://www.acquisition.gov/content/52204-9-personal-identity-verification-contractor-personnel https://www.acquisition.gov/content/52204-12-unique-entity-identifier-maintenance https://www.acquisition.gov/content/52204-13-system-award-management-maintenance https://www.acquisition.gov/content/52204-18-commercial-and-government-entity-code-maintenance https://www.acquisition.gov/content/52204-19-incorporation-reference-representations-and-certifications https://www.acquisition.gov/content/52204-21-basic-safeguarding-covered-contractor-information-systems https://www.acquisition.gov/content/52204-23-prohibition-contracting-hardware-software-and-services-developed-or-provided https://www.acquisition.gov/content/52204-25-prohibition-contracting-certain-telecommunications-and-video-surveillance-services#id1989I600I4C https://www.acquisition.gov/content/52207-5-option-purchase-equipment https://www.acquisition.gov/content/52212-4-contract-terms-and-conditions-commercial-items https://www.acquisition.gov/content/52212-4-contract-terms-and-conditions-commercial-items https://www.acquisition.gov/content/52212-5-contract-terms-and-conditions-required-implement-statutes-or-executive-orders https://www.acquisition.gov/content/52203-19-prohibition-requiring-certain-internal-confidentiality-agreements-or-statements#i52_203-19 https://www.acquisition.gov/content/52204-23-prohibition-contracting-hardware-software-and-services-developed-or-provided#id189A70O0P1N https://www.acquisition.gov/content/52204-25-prohibition-contracting-certain-telecommunications-and-video-surveillance-services#id1989I600I4C https://www.acquisition.gov/content/52209-10-prohibition-contracting-inverted-domestic-corporations#i1062680 https://www.acquisition.gov/content/52233-3-protest-after-award http://uscode.house.gov/view.xhtml?req=(title:31%20section:3553%20edition:prelim)%20OR%20(granuleid:USC-prelim-title31-section3553)&f=treesort&edition=prelim&num=0&jumpTo=true https://www.acquisition.gov/content/52233-4-applicable-law-breach-contract-claim#i1048698 http://uscode.house.gov/ https://www.acquisition.gov/content/52203-6-restrictions-subcontractor-sales-government#i1063319 http://uscode.house.gov/view.xhtml?req=(title:41%20section:4704%20edition:prelim)%20OR%20(granuleid:USC-prelim-title41-section4704)&f=treesort&edition=prelim&num=0&jumpTo=true http://uscode.house.gov/view.xhtml?req=(title:10%20section:2402%20edition:prelim)%20OR%20(granuleid:USC-prelim-title10-section2402)&f=treesort&edition=prelim&num=0&jumpTo=true https://www.acquisition.gov/content/52203-13-contractor-code-business-ethics-and-conduct#i1063504 http://uscode.house.gov/view.xhtml?req=(title:41%20section:3509%20edition:prelim)%20OR%20(granuleid:USC-prelim-title41-section3509)&f=treesort&edition=prelim&num=0&jumpTo=true https://www.acquisition.gov/content/52203-15-whistleblower-protections-under-american-recovery-and-reinvestment-act-2009#i1063607 https://www.acquisition.gov/content/52204-10-reporting-executive-compensation-and-first-tier-subcontract-awards#i1064087 http://uscode.house.gov/view.xhtml?req=(title:31%20section:6101%20edition:prelim)%20OR%20(granuleid:USC-prelim-title31-section6101)&f=treesort&edition=prelim&num=0&jumpTo=true https://www.acquisition.gov/content/52204-14-service-contract-reporting-requirements#i1064214 https://www.acquisition.gov/content/52204-15-service-contract-reporting-requirements-indefinite-delivery-contracts#i1064243

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(8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) (31 U.S.C. 6101 note).

(9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

(10) [Reserved]

(11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Sep 2021) (15 U.S.C. 657a).

(12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Sep 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

(13) [Reserved]

(14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Mar 2020) (15 U.S.C. 644).

(ii) Alternate I (Mar 2020).

(15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (Mar 2020) (15 U.S.C. 644).

(ii) Alternate I (Mar 2020) of 52.219-7.

(16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

(17)(i) 52.219-9, Small Business Subcontracting Plan (Nov 2021) (15 U.S.C. 637(d)(4)).

(ii) Alternate I (Nov 2016) of 52.219-9.

(iii) Alternate II (Nov 2016) of 52.219-9.

(iv) Alternate III (Jun 2020) of 52.219-9.

(v) Alternate IV (Sep 2021) of 52.219-9.

(18)(i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

(ii) Alternate I (Mar 2020) of 52.219-13.

(19) 52.219-14, Limitations on Subcontracting (Sep 2021) (15 U.S.C. 637(a)(14)).

(20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

(21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Sep 2021) (15 U.S.C. 657 f).

(22)(i) 52.219-28, Post Award Small Business Program Rerepresentation (Sep 2021) (15 U.S.C. 632(a)(2)).

(ii) Alternate I (Mar 2020) of 52.219-28.

(23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Sep 2021) (15 U.S.C. 637(m)).

(24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Sep 2021) (15 U.S.C. 637(m)).

(25) 52.219–32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

(26) 52.219–33, Nonmanufacturer Rule (Sep 2021) (15 U.S.C. 637(a)(17)).

(27) 52.222-3, Convict Labor (Jun 2003) (E.O. 11755).

(28) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2022) (E.O. 13126).

(29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(30)(i) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

(ii) Alternate I (FEB 1999) of 52.222-26.

(31)(i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

(ii) Alternate I (JULY 2014) of 52.222-35.

(32)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

(ii) Alternate I (Jul 2014) of 52.222-36.

(33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

(34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

(35)(i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O. 13627).

(ii) Alternate I (Mar 2015) of 52.222-50 (Nov 2021) (22 U.S.C. chapter 78 and E.O. 13627).

(36) 52.222-54, Employment Eligibility Verification (Nov 2021). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

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