RFQ SHIP REPAIR COMBINED SYNOPSIS USCGC EAGLE FY24 DS.pdf

USCGC BARQUE EAGLE (WIX-327)

Dockside Availability FY24

Combined Synopsis/Solicitation 70Z080-23-Q-MECP0019

NOTICE FOR FILING AGENCY PROTESTS

United States Coast Guard Ombudsman Program

It is the policy of the United States Coast Guard (USCG) to issue solicitations and make contract awards in a fair and timely manner. The Ombudsman Program for Agency Protests (OPAP) was established to investigate agency protest issues and resolve them without expensive and time-consuming litigation. OPAP is an independent reviewing authority that is empowered to grant a prevailing protester essentially the same relief as the Government Accountability Office (GAO).

Interested parties are encouraged to seek resolution of their concerns within the USCG as an

Alternative Dispute Resolution (ADR) forum rather than filing a protest with the GAO or some external forum. Interested parties may seek resolution of their concerns informally or opt to file a formal agency protest with the Contracting Officer or Ombudsman.

Informal Forum with the Ombudsman. Interested parties who believe a specific USCG procurement is unfair or otherwise defective should first direct their concerns to the applicable

Contracting Officer. If the Contracting Officer is unable to satisfy their concerns, interested parties are encouraged to contact the U.S. Coast Guard Ombudsman for Agency Protests. Under this informal process, the agency is not required to suspend contract award performance. Use of an informal forum does not suspend any time requirement for filing a protest with the agency or other forum. In order to ensure a timely response, interested parties should provide the following information to the Ombudsman: solicitation/contract number, contracting office, Contracting

Officer, and solicitation closing date (if applicable).

Formal Agency Protest with the Ombudsman. Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the Contracting Officer through open and frank discussions. If the protester’s concerns are unresolved, an Independent

Review is available by the Ombudsman. The protester may file a formal agency protest to either the

Contracting Officer or as an alternative to that, the Ombudsman under the OPAP program.

Contract award or performance will be suspended during the protest period unless contract award or performance is justified, in writing, for urgent and compelling reasons or is determined in writing to be in the best interest of the Government. The agency’s goal is to resolve protests in less than 35 calendar days from the date of filing. Protests shall include the information set forth in FAR 33.103(d) (2). If the protester fails to submit the required information, resolution of the protest may be delayed or the protest may be dismissed. To be timely protests must be filed within the period specified in FAR 33.103(e). Formal protests filed under the OPAP program should be submitted electronically to OPAP@uscg.mil and the Contracting Officer or by hand delivery to the Contracting Officer.

Election of Forum. After an interested party protests a Coast Guard procurement to the

Contracting Officer or the Ombudsman, and while the protest is pending, the protester agrees not to file a protest with the GAO or other external forum. If the protest is filed with an external forum, the agency protest will be dismissed.

mailto:OPAP@uscg.mil

This is a combined synopsis/solicitation for commercial items prepared in accordance with

Federal Acquisition Regulation (FAR) subpart 12.6 and subpart 13.5 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued.

Solicitation number 70Z080-23-Q-MECP0019 is issued as a Request for Quotations (RFQ).

This solicitation document and incorporated provisions and clauses are those in effect through

Federal Acquisition Circular (FAC) 2023-04 effective June 02, 2023, Department of

Homeland Security Acquisition Regulation effective February 15, 2023, Homeland Security

Acquisition Manual (HSAM) 2023-09 effective June 30, 2023 Coast Guard Acquisition

Procedures (CGAP) 2023-01 effective May 08, 2023, FAR Class Deviation 14-01 (DEC 2014), FAR Class Deviation 2020-05 Rev 2(AUG 2020), and FAR Class Deviation 22-02 (Oct 2021).

NORTH AMERICAN INDUSTRY CLASSIFICATION STANDARD CODE:

The applicable North American Industry Classification Standard (NAICS) Code is 336611. The small business size standard is 1,300 employees. This solicitation is issued as a 100% Total Small

Business Set Aside. All responsible small business sources may submit a quotation, which shall be considered by the agency.

TYPE OF CONTRACT

It is anticipated that one (1) firm fixed price contract will be awarded as a result of this synopsis/solicitation.

SOLICITATION DOCUMENTS:

Attachment 1: Schedule of Services

Attachment 2: Statement of Work – Specification

AGENCY INFORMATION:

Christin Hendrickson

Contract Specialist

Christin.A.Hendrickson@uscg.mil

Kaity George

Contracting Officer

Kaity.Geoge@uscg.mil

CWO Anthony Sayward

Contracting Officer’s Representative

Anthony.E.Sayward@uscg.mil

PERIOD OF PERFORMANCE: The period of performance for this contract is 25 October 2023 through 18 December 2023. Interested parties who are capable shall provide submissions in accordance with the requirements stated herein.

PLACE OF PERFORMANCE: The place of performance will be at the pier located at 45

Mohegan Ave., New London, CT 06320.

REQUEST FOR DRAWINGS: The last day to request drawings regarding this solicitation is 14

July 2023. After this date, further requests may not be accepted due to time constraints. To request drawings, contact the Contract Specialist. All requests should identify the solicitation number 70Z080-23-Q-MECP0019. Some references listed in the Specification, under

"Consolidated List of References," are subject to Export Control limitations or have otherwise restricted distribution and have been deemed "limited access" and "export controlled" packages. In order to access these documents, quoters must be certified as a US or Canadian https://www.acquisition.gov/ https://www.dhs.gov/homeland-security-acquisition-manual https://www.dhs.gov/homeland-security-acquisition-manual https://www.dcms.uscg.mil/Our-Organization/Assistant-Commandant-for-Acquisitions-CG-9/Doing-Business-copy/Acquisition-Policy-and-Regulations/ https://www.dcms.uscg.mil/Our-Organization/Assistant-Commandant-for-Acquisitions-CG-9/Doing-Business-copy/Acquisition-Policy-and-Regulations/ https://www.dhs.gov/publication/current-far-deviations https://www.dhs.gov/publication/current-far-deviations mailto:Christin.A.Hendrickson@uscg.mil mailto:Kaity.Geoge@uscg.mil mailto:Anthony.E.Sayward@uscg.mil contractor by the Joint Certification Program (JCP) administered by the Defense Logistic

Information Service (DLIS). Instructions and procedures for being certified by JCP can be found at https://www.dla.mil/HQ/LogisticsOperations/Services/JCP/. Only those quoters that have current certification by JCP will be able to be granted explicit access to these packages by the

USCG.

QUESTIONS: The last day for questions regarding this solicitation is 26 July 2023. Email questions to Contract Specialist and Contracting Officer. All questions need to identify the solicitation number 70Z080-23-Q-MECP0019 and will be answered by an Amendment.

SUBMISSION OF QUOTES: E-mail quotations shall be sent to the Contract Specialist. Please indicate 70Z080-23-Q-MECP0019 in the subject line. Contractor must affirm that the pricing provided from the quote shall be valid up to the date of contract award. Quotes are due by 4pm, EST 09 August 2023. Anticipated award date is on or about 25 August 2023.

STATEMENT OF REQUIREMENT

The proposed contract to be awarded by the United States Coast Guard (USCG) shall be for

Dockside repairs to the USCGC BARQUE EAGLE (WIX-327) DS, as specified in Attachment 2

– Statement of Work - Specification. Contractor shall provide all labor, materials, necessary to meet the requirements of the specification.

The following clauses, provisions, and addenda applies to this acquisition:

FAR PROVISION 52.212-1: Instructions To Quoters-Commercial Products and Commercial

Services (NOV 2021), is incorporated by reference.

Addendum to FAR Provision 52.212-1

(b) Submission of Offers. – Tailored

(1) Submit signed and dated quotes via e-mail to the Contracting Officer and Contract Specialist specified in this solicitation at or before the exact time specified in this solicitation. Quotes shall be submitted in the English language and U.S. dollars. Quoters are required to include a completed copy of the provision at 52.212-3 Offeror Representations and Certifications – Commercial Items, Alternate I of

52.212-3. Quotes shall include a Cover Letter, Price Schedule and the required Past Performance and

Technical Capability submission documentation in accordance with the below instructions:

(i) Cover Letter: Quoters shall submit a Cover Letter (on company letterhead stationery) that is dated and signed by an Authorized Official of the Quoter that includes the following information as a minimum:

• Solicitation Number 70Z080-23-Q-MECP0019;

• The time specified in the solicitation for receipt of quotes;

• The Name, Address, Telephone Number, SAM Unique Entity Identifier (UEI), and CAGE Code of the quoter;

• Name, Title, Phone Number, and E-mail Address of an Authorized Official of the Contractor;

• The date/time the quote expires (which shall be at least 90 calendar days from the date specified for receipt of quotes, unless another time period is specified in an amendment to the solicitation.);

• Acknowledgment all Solicitation Amendments; and

• A statement specifying the following agreement: “Our Company agrees with all the terms, conditions, clauses, and provisions included in Solicitation 70Z080-23-Q-MECP0019.”

(ii) Price Schedule.

Quoters shall complete Attachment 1, Schedule of Services and include it in their quote. The Contract

Line Item Numbers (CLINs) assigned by the Government shall not be altered by quoters.

If the Contracting Officer cannot determine whether a quoted price is fair and reasonable, then the

Contracting Officer may require a Quoter to submit data other than certified cost or pricing data to support further analysis. This data may include history of sales to non-governmental and governmental entities, cost data, or any other information the Contracting Officer requires to determine the prices fair and reasonable.

(iii) Past Performance Submission

The quoter shall identify up to three (3) recent and relevant contracts or efforts as past performance references. Recent and relevant past performance is defined as similar work being performed within three (3) years of the posting of the solicitation. Quoters should provide a detailed explanation demonstrating the relevance of the contracts or efforts to the requirements of the solicitation.

The quoter should provide the following information for each reference submitted.

• Name of Quoter

• Contract Number, Order Number, or Identifier

• Customer Name and Location

• Customer Point of Contact (Name and Title)

• Telephone and e-mail address of Customer Point of Contact

• Contract Period of Performance

(iv) Technical Capability Submission

The quoter shall address the following items in their technical capability submission-

• Technical Approach- The quoter shall submit a legible Planning Document (PD) with the following characteristics: 1) Graphical in format. 2) Shows overall Period of Performance for each CLIN, with start and stop dates of major sub-tasks. 3) Contains due dates for Critical

Inspection Reports (CIRs). 4) Demonstrates a thorough understanding of the critical path items so that they are identified and used to compare planned with actual project progress during the period of performance. 5) Demonstrates a thorough understanding of the required deliverables and the ability to meet the due dates for deliverable to the COR (list of subcontractors, tech rep certifications and resumes, cleaning plans, etc.). Negative responses are required for any items listed above that the quoter does not identify (i.e. schedule risk).

• Coating Certification Requirements- The quoter shall submit a description of how they intend to meet SFLC Standard Specification 0000 coatings QC/QA requirements for this requirement.

This plan must include 1) The names of any subcontractors and resumes for any proposed QP1 certified painters. 2) Independent NACE CIP Level 3 inspectors. 3) The plan shall include suitable subcontract documentation formally informing the NACE Inspector to perform all duties listed in listed in SFLC STD SPEC 0000 Paragraph 3.2.4.2.3.

• Welding Certifications- As per Standard Specification 0740, the quoter shall submit the following for internal or subcontracted staff: 1) 3.1.3 welding documentation. The quoter shall provide to the KO copies of the following information for all intended work to be performed:

a) All welding procedure specifications (WPS) applicable to the solicitation, along with a SFLC Standard Specification 0740 2020 6 0740 summary list and current revision dates. b) Welder certification documentation, including at a minimum welder name and WPS(s) certified to perform. c) Welder continuity documentation which provides proof of proper certification maintenance. The quoter shall ensure welder certification are maintained to the applicable code.

(2) General Instructions/Information.

(i) Quoters are expected to examine the entire solicitation (including any exhibits and attachments), and any amendments to this solicitation. Quotes shall be prepared in accordance with these instructions, providing all required information in the format specified. The Quoter shall confine submissions to essential matters, sufficient to define the quote details, in a concise manner, to permit a complete and accurate evaluation of each quote. Proprietary information shall be clearly marked.

(ii) Quoters shall furnish all of the information required by this Solicitation; quotes that fail to furnish required representations or information/documents, fails to meet any of the requirements of the

Solicitation, or reject the terms and conditions of the solicitation may be excluded from consideration.

(iii) This Solicitation does not obligate the Government to compensate for any costs incurred by the

Quoter in the preparation and/or submission of any quote, nor does it obligate the Government to procure for said supplies.

(c) Period for Acceptance of Offers. – Tailored

The quoter agrees to hold the prices in its quote firm for 90 calendar days from the date specified for receipt of quotes, unless another time period is specified in an addendum to the solicitation.

(g) Contract award (not applicable to Invitation for Bids.) – Tailored

The Government intends to evaluate quotes and award a contract without exchanges with quoters.

Therefore, the quoter’s initial quote shall contain the quoter’s best terms from a price and technical standpoint. The Government reserves the right to conduct exchanges with all or some of the quoters or with only the best-suited quoter (i.e., the apparent successful quoter), if later determined by the

Contracting Officer to be necessary. The Government may reject any or all quotes if such action is in the public interest; accept other than the lowest quote; and waive informalities and minor irregularities in quotes received.

(l) A Brief Explanation of the Basis for the Contract Award Decision. – Tailored

If a quoter requests information on an award that was based on factors other than price alone, a brief explanation of the basis for the contract award decision shall be provided.

End of Addendum to FAR Provision 52.212-1

FAR PROVISION 52.212-2: Evaluation – Commercial Products and Commercial

Services (NOV 2021). – Tailored

(a) The Government will award a contract resulting from this solicitation to the responsible quoter whose quote conforming to the solicitation will be most advantageous to the

Government, price and other factors considered. The following factors shall be used to evaluate quotes and are listed in descending order of importance:

Technical Capability: The Government will evaluate each quoter’s demonstrated capability to provide a sound, compliant approach that meets all the requirements listed in the Specification and demonstrates a thorough knowledge and understanding of the requirements. It is the quoter’s responsibility to ensure that their quote clearly demonstrates their ability to perform these requirements. Any quote that does not meet all Technical Capability submission requirements will be deemed unacceptable and may not be considered for award.

Past Performance: The Government may utilize any references provided by the quoter, along with information available from past contracts/orders with the USCG and any information found using sources such as Contractor Performance Assessment Reporting System (CPARS) to determine the contractor’s past performance within the last three (3) years. The Government reserves the right to limit or expand the number of references it decides to contact and to contact references other than those provided by the quoter. Past performance less than satisfactory may not be considered for award. If a quoter does not have a history of relevant contract performance, or if past performance information is not available, the quoter will not be evaluated favorably or unfavorably, but will receive a neutral past performance rating.

Price: The Government will evaluate the quoter’s Total Evaluated Price (TEP) for reasonableness. A quoter’s TEP shall be the sum of all CLINs within the submitted Price

Schedule. The Government may determine that a quote is unacceptable if the CLIN prices are significantly unbalanced. Unit prices left blank or annotated with something other than a U.S.

dollar figure will be considered unacceptable and the Government reserves the right to reject the quote without any further consideration.

In performing the best value tradeoff, technical capability and past performance, when combined, are significantly more important than price. Although price is not the controlling factor in award, it is an important factor. As the evaluation ratings of competing quotes under the non-price factors become closer to equivalent, price becomes more important. If competing quotes are substantially equal in technical capability and past performance, price may be the controlling factor in award. Award may be made to other than the lowest priced quote (based on the results of the tradeoff analysis between non-price and price factors) or to other than the highest non-price rated quote if determined to be in the best interest of the Government.

(b) A written notice of award or acceptance of a quote, mailed or otherwise furnished to the successful quoter within the time for acceptance specified in the quote, shall result in a binding contract without further action by either party. Before the quote’s specified expiration time, the

Government may accept a quote (or part of a quote), whether or not there are exchanges after its receipt, unless a written notice of withdrawal is received before award.

The clause at 52.212-4, Contract Terms and Conditions – Commercial Items, applies to this acquisition and includes the following addenda:

(c) Changes – ship repair

(1) The Contracting Officer may, at any time, by written order, and without notice to the sureties, if any, make changes within the general scope of this contract, in any one or more of the following:

(a) Drawings, designs, or specifications, when the supplies to be furnished are to be specially manufactured for the Government in accordance with the drawings, designs, or specifications;

(b) Method of shipment or packing;

(c) Place of performance of the work;

(d) Time of commencement or completion of the work; and

(e) Other requirements within the general scope of the contract.

(2) If any such change causes an increase or decrease in the cost of, or the time required for, performance of any part of the work under this contract, whether changed or not changed by the order, the Contracting Officer shall make an equitable adjustment in the contract price, the delivery schedule, or both, and shall modify the contract accordingly.

(3) The contractor must submit any proposal for adjustment under this clause within 5 days from the date of receipt of the written order. At the Contracting Officer's discretion, the 5-day period may be shortened. However, if the Contracting Officer decides that the facts justify it, the

Contracting Officer may receive and act upon a proposal submitted before final payment of the contract.

(4) If the contractor's proposal includes the cost of property rendered obsolete or excess by the change, the Contracting Officer shall have the right to prescribe the manner of the disposition of the property.

(5) Failure to agree to any adjustment shall be a dispute under the Disputes clause. However, nothing in this clause shall excuse the contractor from proceeding with the contract as changed.

(w) Required Insurance

Prior to start of performance, the Contractor shall, at its own expense, procure and maintain the following kinds of insurance with respect to performance under the contract. In accordance with

HSAR 3052.217-95, Liability and Insurance, and 3052.228-70, Insurance the Contractor shall furnish the Contracting Officer with proof of insurance for the duration of the contract, including:

(1) Ship Repairer's Liability - $500,000 per occurrence.

(2) Comprehensive General Liability - $500,000 per occurrence.

(3) Full insurance coverage in accordance with the United States’ Longshoremen's and

Harbor Worker's Act.

(4) Full insurance coverage in accordance with the State's Workmen's Compensation Law

(or its equivalent) for all places of performance under this contract.

The insurance certificate must provide the name of the US Coast Guard vessel and the contract number as specifically insured.

(x) Schedule of work

(1) Notwithstanding other requirements specified in this contract, the contractor shall provide to the Contracting Officer and COR the following documents within three (3) working days of the vessel's arrival at the contractor's facility for dry-dock availabilities and at the arrival conference for dockside availabilities:

a. Production Schedule.

b. Work Package Network.

c. Total Manpower Loading Curve.

d. Trade Manning Curves.

e. Subcontracting List.

(2) The Production Schedule shall list the earliest, latest, and scheduled start and completion date for each work item awarded and shall identify the critical path. The Work Package Network shall show the work items, milestones, key events, and activities and shall clearly identify the critical path. The Total Manpower Loading Curve shall show the required manning for the duration of the contract. The Trade Manning Curves shall show the required manning for each trade for the duration of the contract. The Subcontracting List shall show work items, milestones, key events, and activities to be accomplished by subcontractors.

(3) Growth work ordered and agreed upon, whether or not yet formalized via a change order

(contract modification), shall be added to the Production Schedule, Trade Manning Curves, and

Subcontracting List and submitted to the Contracting Officer and COR at each weekly Progress

Meeting. Any anticipated or unanticipated deviation (greater than two (2) calendar days) from the

Production Schedule shall be immediately brought to the attention of the Contracting Officer and

COR.

(4) Any deviation in the Production Schedule which results in a delay in the completion of work on a vessel past the established performance period completion date may entitle the

Government to remedies for late performance under subparagraph (f) of this clause titled Excusable delays.

(y) Access to the Vessel

(1) As authorized by the Contracting Officer, a reasonable number of officers, employees and personnel designated by the Government, or representatives of other contractors and their subcontractors shall have admission to the facility and access to the vessel at all reasonable times to perform and fulfill their respective obligations to the Government on a noninterference basis. The contractor shall make reasonable arrangements to provide access for these personnel to office space, work areas, storage or shop areas, and other facilities and services reasonable and necessary to perform their duties. All such personnel shall comply with contractor rules and regulations governing personnel at its shipyard, including those regarding safety and security.

(2) The contractor further agrees to allow a reasonable number of officers, employees, and designated personnel of contractors on other contemplated work, the same privileges of admission to the contractor's facility and access to the vessel(s) on a noninterference basis, subject to contractor rules and regulations governing personnel in its shipyard, including those regarding safety and security.

(aa) Temporary Services

(1) Temporary services are services incidental to the performance of work, which are required in the schedule or specifications to be provided by the contractor. Temporary services may include the furnishing of water, electricity, telephone service, toilet facilities, garbage removal, office space, parking places or similar facilities.

(2) If performance time is extended due to Government-caused delay, the contractor may request an equitable adjustment for providing temporary services at the rate stated in the Schedule.

(ab) CONTRACTOR COVID-19 PREVENTION AND RESPONSE PLAN

The Contractor shall adhere to CDC, OSHA, state, and local guidance regarding COVID-19 precautions, to include mandatory wear of cloth face coverings by all personnel. Finally, the

Contractor shall prepare a COVID-19 Prevention and Response Plan specific to this contract which details the Contractor’s prevention and response plans and procedures. This document shall be submitted no later than the arrival conference date, which is usually the first day of the period of performance.

(End of FAR 52.212-4 Addendum)

The clause at 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items, applies to this acquisition and the additional

FAR clauses cited in the clause are applicable to the acquisition:

(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).

(4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN

2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

(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

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

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

(22) 52.219-28, Post Award Small Business Program Representation (MAR 2023) (15

U.S.C. 632(a)(2)).

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

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

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

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

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

793).

(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).

(38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (JUN 2016) (E.O. 13693).

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(39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and

Air Conditioners (JUN 2016) (E.O. 13693).

(44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN

2020) (E.O. 13513).

(45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

(46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

(48) 52.225-1, Buy American - Supplies (Oct 2022) (41 U.S.C. chapter 83).

(51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the

Department of the Treasury).

(58) 52.232-33, Payment by Electronic Funds Transfer System for Award Management

(OCT 2018) (31 U.S.C. 3332).

(62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)

(15 U.S.C. 637(d)(13)).

(End of clause)

Full Text Clauses

52.203-17 Contractor Employee Whistleblower Rights and Requirement to

Inform Employees of Whistleblower Rights (DHS-USCG Deviation 14-01)

(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the pilot program on Contractor employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal

Year 2013 (Pub. L. 112-239) and FAR 3.908.

(b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712, as described in section 3.908 of the Federal Acquisition Regulation.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold.

52.242-15 Stop-Work Order.

(a) The Contracting Officer may, at any time, by written order to the Contractor, require the

Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop-work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either-(1) Cancel the stop-work order; or (2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract.

https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053196 https://www.acquisition.gov/far/52.223-20#FAR_52_223_20 https://www.acquisition.gov/far/52.223-21#FAR_52_223_21 https://www.law.cornell.edu/cfr/text/48/52.225-1 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=4bcb6f2f2be5dbc175fd9e8734a41145&term_occur=999&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-5 https://www.law.cornell.edu/uscode/text/41/chapter-83 https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_242-5 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

(b) If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if- (1) The stop-work order results in an increase in the time required for, or in the Contractor’s cost properly allocable to, the performance of any part of this contract; and (2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage; provided, that, if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract.

(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.

(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.

(End of Clause)

52.204-21 Basic Safeguarding of Covered Contractor Information Systems.

(a) Definitions. As used in this clause–

“Covered contractor information system” means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

“Federal contract information” means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments.

“Information” means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

“Information system” means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C.

3502).

“Safeguarding” means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of Clause)

52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND

SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED

E NTITIES (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 of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

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

(i) Within 1 business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; brand; model number (Original Equipment

Manufacturer (OEM) number, manufacturer part number, or wholesaler number); item description;

and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the report pursuant to paragraph (c)(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.

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (DEVIATION 20-05) REV 2

(NOV 2021)

mailto:NDAA_Incidents@hq.dhs.gov https://dibnet.dod.mil/

(a) Definitions. As used in this clause

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

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

"Covered telecommunications equipment or services" means

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE

Corporation (or any subsidiary or affiliate of such entities);

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

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

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

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

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

"Critical technology" means

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

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

Federal Regulations;

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

Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal

Regulations, and controlled

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

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

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

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

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

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

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

Control Reform Act 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 of whether that use is in performance of work under a Federal contract.

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

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

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

(d) Reporting requirement.

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

Operations Security Center (NOSC) at NDAA Incidents@hg.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

NOSC, 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 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)(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 (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand;

model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

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

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

52.219-14 Limitations on Subcontracting.

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Definition. Similarly situated entity, as used in this clause, means a first-tier subcontractor, including an independent contractor, that—

(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and

(2) Is considered small for the size standard under the North American Industry Classification System

(NAICS) code the prime contractor assigned to the…