SF18 1333MF21QNFFK0015 EEO TRAINING v.kb.pdf

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

THIS RFQ IS IS NOT A SMALL BUSINESS SET-ASIDE

15. DATE OF QUOTATION

16. SIGNER

a. NAME (Type or print)

c. TITLE (Type or print)

b. TELEPHONE

AREA CODE

NUMBER

STANDARD FORM 18 (REV. 6-95) Prescribed by GSA-FAR (48 CFR) 53.215-1(a)

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

8. TO:

b. COMPANYa. NAME

c. STREET ADDRESS

d. CITY e. STATE f. ZIP CODE

9. DESTINATION

a. NAME OF CONSIGNEE

b. STREET ADDRESS

c. CITY

d. STATE e. ZIP CODE

7. DELIVERY

FOB DESTINATION

OTHER

(See Schedule)

10. PLEASE FURNISH QUOTATIONS TO THE

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

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 NUMBER

(a)

SUPPLIES/ SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

12. DISCOUNT FOR PROMPT PAYMENT

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

NUMBER PERCENTAGE

NOTE: Additional provisions and representations are are not attached.

13. NAME AND ADDRESS OF QUOTER

a. NAME OF QUOTER

b. STREET ADDRESS

c. COUNTY

d. CITY e. STATE f. ZIP CODE

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

PAGE OF PAGES

1. REQUEST NUMBER 2. DATE ISSUED 4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG. 1

RATING

5a. ISSUED BY 6. DELIVER BY (Date)

5b. FOR INFORMATION CALL (NO COLLECT CALLS)

NAME TELEPHONE NUMBER

AREA CODE NUMBER

3. REQUISITION/PURCHASE REQUEST NUMBER

NF-FKA000-21-00954 1333MF21QNFFK0015

OFFICE OF MANAGEMENT & BUDGET

1315 EASTWEST HWY

/F/MB SSMC3 RM 14451

SILVER SPRING MD 20910

SHAWANA RANDOLPH

SHAWANA.RANDOLPH@NOAA.GOV

Please See Continuation Page for Line Item Details

See Schedule

FEB 12, 2021

FEB 28, 2022

DUNS:

Attachment Page

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SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 EEO Training for all staff in compliance with federal EEO laws and agency directives.

For Base Period per the attached SOW.

(Travel NTE $8000)

SHIP TO:

NMFS - OFFICE OF ASST ADM /F

1315 E-W HWY, SSMC-3 RM 14564

SILVER SPRING MD 20910

42.00 EA

OPT

Period of Performance: Date of Award through 12 months

Option Period 1

EEO Training for all staff in compliance with federal EEO laws and agency directives.

-Option Period 1 (Travel NTE $8000)

SHIP TO:

NMFS - OFFICE OF ASST ADM /F

1315 E-W HWY, SSMC-3 RM 14564

SILVER SPRING MD 20910

Period of Performance: 12 Months

32.00 EA

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Table of Contents

SOW EEO NMFS 2021

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

52.217-5 EVALUATION OF OPTIONS (JUL 1990)

52.204-10REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS (JUN 2020)

52.204-25PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT (AUG 2020)

52.212-1INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JUN 2020)

52.212-3OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 2020)

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

ITEMS (NOV 2020)

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION (APR 1984)

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

1352.201-70 CONTRACTING OFFICER´s AUTHORITY (APR 2010)

1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)

1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)

1352.233-70 AGENCY PROTESTS (APR 2010)

1352.233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS (APR 2010)

1352.237-71 SECURITY PROCESSING REQUIREMENTS - LOW RISK CONTRACTS (APR 2010)

1352.237-75 KEY PERSONNEL (APR 2010)

1352.270-70 PERIOD OF PERFORMANCE (APR 2010)

1330-52.222-70NOAA SEXUAL ASSAULT AND SEXUAL HARASSMENT PREVENTION AND RESPONSE POLICY (MAY 2018)... 40

1330-52.237-70CONTRACTOR COMMUNICATIONS

1330-52.237-71NOAA GOVERNMENT-CONTRACTOR RELATIONS - NON-PERSONAL SERVICES CONTRACT (SEPT 2017)

1330-52.237-72CONTRACTOR ACCESS TO NOAA FACILITIES (SEPT 2017)

1330-52.243-70REQUESTS FOR EQUITABLE ADJUSTMENT (OCT 2017)

1330-52.270-304NOAA ACQUISITION AND GRANTS OFFICE OMBUDSMAN (OCT 2016)

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CLAUSES

SOW EEO NMFS 2021

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Statement of Work Equal Employment Opportunity Training

NOAA Fisheries Service (NMFS)

1. Introduction/Background. The NOAA Fisheries Service (NMFS) is a Line Office of the National Oceanic and Atmospheric Administration (NOAA). The mission of NMFS is broad and includes a variety of technical and scientific services in support of Fisheries stewardship, management and support. Within NMFS are several Program Offices that are charged with carrying out the NMFS mission, including Equal Employment Opportunity. Our office, Office of the Assistant Administrator (OAA), is responsible for providing advice and guidance in accordance with federal laws and regulations, executive orders, and agency administrative orders as described in 29 C.F.R. Part 1614, Section 102, EEO Management Directive 715, Title VII of the Civil Rights Act of 1964 (Title VII), as amended, 42 U.S.C. § 2000e et seq., Section 501 of the Rehabilitation Act of 1973 (Rehabilitation Act), as amended, 29 U.S.C. § 791 et seq, DAO 215, etc.

The NOAA Fisheries OAA begins the process of ensuring that all staff received required EEO training. Headquarters, Regions, Science Centers and field offices are situated across the US, staff have historically been divided meaning half of the locations receive training in one year and the remaining half in the following year repeating this order. EEO training in NMFS Headquarters in Silver Spring, MD has historically been conducted onsite with staff attending in person sessions.

Outside of Headquarters and depending on the number of staff or at the request of management travel to conduct EEO training onsite at other various offices outside of HQ is accommodated. All other EEO training, to all staff even those in regions like Hawaii and Alaska and other various time zones, is conducted via webinar format. Each of the larger locations require us to make several date options available to staff at those locations due to various mission requirements i.e. Vessel deployments, field research, scientific conferences, etc. It has historically worked for our staff to receive in person/onsite training sessions in a four hour format with allotted breaks; and online training in a webinar format in a three hour format also with allotted break(s). The process has been, for locations outside of HQ designations to receive webinar/online EEO training, that leadership is contacted to solidify good date options. The EEO office then notifies the targeted location’s staff via email at which time, course content, registration, and all other pertinent info is provided. Closer to the day of training, another email is sent to provide all course handouts and webinar/online access links and connection information. EEO staff will have an online presence to assist administratively for each online session, answer any government related inquiries, and to ensure attendees complete and submit evaluation forms, which are created and tracked using a Google Documents link.

2. Scope of Work. The contractor shall develop training materials and provide and facilitate professional Equal Employment Opportunity (EEO) training (supervisory and non-supervisory). The Contractor shall provide all personnel, materials, supplies, services, and otherwise do all things necessary for providing the services listed in this SOW.

3. Requirements: .

a. The contractor shall provide professional Equal Employment Opportunity (EEO) training facilitation in a classroom and/or webinar setting, at multiple locations to include headquarters at Silver Spring, MD, and various Regional, Science Center and Lab sites included but not limited to Alaska Region and Science Center, Northeast Fisheries Science

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Center, Greater Atlantic Region, Pacific Island Region and Science Center, Southeast Region and Science Center, Northwest Fisheries Science Center, West Coast Region.

b. Contractor shall break-up training materials and conduct training sessions in two categories (managers and non-manager) and these sessions will be held separately:

1. Instructor-led, in-person classroom training sessions will be in the format of (4) hours in length; and the government may opt to have two (2) sessions per day. The maximum number of staff to be trained for each classroom session will be 30.

2. EEO webinar training sessions will be three (3) hours in length. Maximum number of participants will be 40.

c. Contractor shall develop EEO material and course curriculum relevant to current Federal EEO laws and processes for non-manager and manager training sessions. The course curriculum, training materials, instructor and participant workbook, presentation and Webinar training content shall include but not limited to the following areas:

● The EEO complaint process

● Anti-discrimination laws

● Hostile work environment

● Federal EEO Complaint Process (Informal and Formal)

● What is a fair and respectful workplace?

● Federal & State EEO and Anti-Discrimination Laws & Executive Orders

● Discrimination

● Harassment

● Retaliation

● Supervisor and/or Employee role, duties and responsibilities

● Where to get help

● Alternative Dispute Resolution

● Reasonable Accommodation

● Information and discussion of the EEO complaint process in compliance with federal laws and regulation, executive orders, and agency administrative orders as described in 29 C.F.R. Part 1614, Section 102, EEO Management Directive 715, Title VII of the Civil Rights Act of 1964 (Title VII), as amended, 42 U.S.C. § 2000e et seq., Section 501 of the Rehabilitation Act of 1973 (Rehabilitation Act), as amended, 29 U.S.C. § 791 et seq, DAO 215, DAO 202-955, NAO 202-1106, EEOC and OPM, etc.

● Information and discussion of Department of Commerce and NOAA Administrative Orders on Sexual Assault, Sexual Harassment, and Reporting Harassment at NOAA.

d. The following list of draft and final documents shall be created by the contractor and provided to the government for review, comments and approval. Drafts and final approved documents shall be sent to the government Project Lead via email with the exception of the final version of the hardcopy participant workbook which must be mailed as outlined below.

Documents shall be created in MS Word, PowerPoint or other off of the shelf software in order to facilitate government comments/edits.

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1. Electronic Hard Copy Instructor-led Classroom Training Workbook version, if different from the Webinar Participant workbook and one Electronic (PDF) Webinar Participant workbooks that cover all areas of training

a. Contractor must mail one printed final Instructor-led Classroom Training Workbook to the Project Lead.

2. The webinar and Instructor-led classroom presentation version of EEO Training

3. The course curriculum and/or outline as to how the contractor will conduct

Instructor-led classroom (4-hour sessions) and online/webinar (3-hour sessions).

The contractor shall also distinguish the course curriculum for manager and non-manager sessions.

e. Outside of the Review and Approval process distribution of Final Participants Workbooks is as follows:

1. Prior to the start of the instructor-led classroom training sessions the contractor shall provide to each student a final hardcopy Participant Workbook. Participants will retain their copies of the Workbooks. The contractor is responsible for the shipment of workbooks to the on-site training locations. Contractor shall work with the Project lead to obtain a mailing address and identify a POC at the location who will receive the shipped workbooks to the applicable location.

2. The government will provide the Final Participant Workbook PDF to each webinar training participant prior to the start of the Webinar training sessions.

f. Contractor shall work with the Project Lead to establish a training schedule.

1. Due to the nature of work done by the instructor, on-site training in key locations shall be required. Sr. management/managers as well as employees have expressed great reluctance to discuss EEO related matters and Sexual Harassment matters in writing or over webinar chat sessions. The emotional safety of our employees and management team is critical, as well as the need for us to to know what, if ever, discrimination or harassment is occuring in our workplace. The trainer must ensure an emotionally safe working environment at all times.

2. Also, due to the nature of NOAA’s work last minute changes to training schedules may occur and NOAA shall not be penalized for such changes.

g. Contractor shall update Participant Workbooks, Curriculum and Webinar Training Slides as changes in regulations, laws and executive orders occur. Updates shall be emailed to the government for review, comments and approval.

h. Contractor shall provide both verbal and/or written feedback to the Project Lead, as necessary, as it relates to EEO/Harassment issues and concerns that need to be addressed in accordance with Departmental Administrative Orders.

4. Deliverables Tables:

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Requirement Description Due Date Reference

5. Period of Performance. One, 12-month Base Year, followed by 1, 12-month Option Year.

6. Required Knowledge and Experience:

Key Personnel Qualifications:

The contractor shall possess the specified area of training and experience in communications, leadership and unconscious bias training all levels of staff.

Knowledge of Department of Commerce, NOAA, and NMFS organizational and program culture, history relationships and experience in theories of discrimination, the federal sector EEO process, techniques for identifying and preventing workplace discrimination, harassment and retaliation, conflict management and where to go for help. Experience in team building, strategic planning, executive development, communications, organization design, and organizational change.

d, 1,2,3 Contractor provides Project Lead with On-site training sessions Draft Participant Workbook, draft presentation slides and course outline curriculum for managers and non-managers

1st Draft due 14 Days after contract award;

responses to Government edits due in 3 days d, 1,2,3 Contractor provides Project Lead with Webinar training sessions Draft Participation Workbook, presentation slides and separate course outline curriculum for managers and non-managers

1st Draft due 14 Days after contract award;

responses to Government edits due in 3 days d Government returns comments/reviews, approval of all Vendor provided Draft Documents

1st Review due 14 days from initial submission by Contractor; responses to Contractors edits due in 3 days e.1. Provide individual hard-copy Participant Training Materials during in-person sessions

As required g Updates to Participant Workbooks, Curriculum and Webinar Training Slides

As required h Verbal and/or written feedback to the Project Lead As required a,b, f Provide 42 Sessions of EEO Training (Anticipated Locations:

NMFS Headquarters, West Coast Region, Alaska Science Center and Region, Southeast Science Center, Northwest Science Center)

Base Period of Performance a,b, f Provide 32 Sessions of EEO Training (Anticipated Locations:

West Coast Regional offices, Alaska Fisheries Science Center, Alaska Regional offices, Southeast Fisheries Science Center offices, Northwest Fisheries Science Center Offices, NMFS Headquarters)

Option Period 1 Period of Performance

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The trainer must have a minimum of 7 years of EEO training experience, working with scientific organizations with-in the Federal government. Must be able to conduct training to all levels of NMFS staff including senior and middle managers, team leads and non-supervisory employees.

Instructor/Trainer must be a subject matter expert and have expert level knowledge and experience of all aspects of the Federal and NMFS EEO process. Trainer must have presentation and public speaking experience; they must have broad and in-depth understanding of the EEO process, procedures, laws and regulations for example; they must have expertise level knowledge on Federal & State EEO and Anti-Discrimination Laws & Executive Orders, Discrimination, Harassment, Retaliation, Alternative Dispute Resolution, Reasonable Accommodation.

Requests for changes in key personnel shall be submitted to the Contracting Officer at least 15 working days prior to making any permanent substitutions. The request should contain a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. The Contracting Officer will notify the contractor within 10 working days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes

7. IT-Security Requirements. The certification and Accreditation (C&A) or Assessment and Authentication (A&A) requirements of Clause 48 CFR 1352.239-72 do not apply, and a Security Accreditation Package is not required. The government will provide an escort for the contractor while in a government facility.

8. Special Requirements:

a. Confidentiality and Data Privacy: This contract may require that services contractors have access to Privacy Information. Services contractors are responsible for maintaining confidentiality of all subjects and materials and may be required to sign and adhere to a Non-disclosure Agreement (NDA).

b. Intellectual Property Rights: All deliverables are the property of the U.S. Government. All documents, analyses, files (digital or other), reports, notes and photos are to be used only by Contractor personnel assigned to this purchase order. Documents, files and other data are to be stored exclusively on Government owned equipment and at no point should be saved or archived on personal drives or devices. Copies are not to be disseminated to anyone outside of the NMFS or to any other contractor personnel without explicit release from the Government.

c. Section 508 Compliance Pursuant to Section 508 of the Rehabilitation Act of 1973 (29 U.S.C.

794d) as amended by P.L. 105-220 under Title IV (Rehabilitation Act Amendments of 1998), all Electronic and Information Technology (EIT) developed, procured, maintained and/or used under this contract shall be in compliance with the “Electronic and Information Technology Accessibility Standards” set forth by the Architectural and Transportation Barriers Compliance Board (also referred to as the “Access Board”) in 36 CFR Part 1194. The complete text of Section 508 Standards can be accessed at http://www.access-board.gov/ or at http://www.section508.gov.

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9. Government-Furnished Materials.

Webinar Training: The government will provide the contractor with access to a Webinar platform.

Currently the government utilizes Cisco Webex for EEO training. IT support will be provided by the government for each training session. If required, the government will provide participants with Reasonable Accommodations.

In the event Webinar training is conducted in a Government facility NMFS will provide materials for Webinar sessions including Conference room, projector, flip charts, camera, and A/V hook-up connections.

Onsite Training: NMFS will provide the onsite building logistics and facility conference rooms, A/V connections, flip charts, and markers for all training sessions conducted inside Government facilities.

The Contractor is to provide participant workbooks and should be prepared to bring a laptop or contact the Project Lead to have one provided. Contractor should be prepared to ship material to field/regional locations when necessary to do so.

10.Place of Performance. Due to COVID-19 restrictions, the Contractor shall conduct training sessions via Webinar, until otherwise notified.

11.Travel. Should travel for Instructor-led training be required at a Government Training site other than the Silver Spring, MD NMFS campus the Contractor must receive approval by the Contracting Officer, prior to the actual travel. Instructor-led on-site training for Silver Spring, MD NMFS campus is not reimbursable. Travel shall be requested using the NMFS Travel Authorization Form and shall be in accordance with Federal Travel Regulations. Any travel conducted prior to the receipt of proper written authorization from the CO will be done at the Contractor’s own risk and expense.

The following additional aspects are / are not anticipated during the performance of this order:

12. Evaluation Factors: The Government will issue an order resulting from this request for quotation to the responsible offeror whose quotation results in the best value to the Government, considering both price and non-price factors. The following factors will be used to evaluate quotations:

Factor 1--TECHNICAL APPROACH. The quotation will be evaluated on how the offeror intends to organize, staff and manage the contract and the means that will be used to accomplish the contract requirements. The degree to which the quotation demonstrates an understanding of the requirements will be evaluated.

Factor 2--KNOWLEDGE AND EXPERIENCE: The quotation will be evaluated and scored based on the contractors knowledge and experience as required in the above section 6. The offeror's background, experience, and qualifications will be assessed to determine the likelihood that that offeror can successfully perform the contract requirements and the degree of the risk of non-performance. The education, experience, and accomplishments of key personnel will be

Domestic / U.S. Travel X Anticipated ❏ Not Anticipated Foreign / Overseas Travel ☐ Anticipated ✓ Not Anticipated

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evaluated to determine the degree to which they possess the qualifications to perform their proposed duties under the contract.

Factor 3--PAST PERFORMANCE. The offeror's past performance on related contracts will be evaluated to determine, as appropriate, successful performance of contract requirements, quality and timeliness of delivery of goods and services, effective management of subcontractors, cost management, level of communication between the contracting parties, proactive management and customer satisfaction.

● Offeror shall provide at least two (2) past performance references. Provide name, address, phone number, and name of the project.

If a quoter has no relevant past performance, the quoter must affirmatively state that it possesses no relevant past performance history. Offerors who fail to either provide past performance information or affirmatively state that they have none, may be considered as non-compliant to the solicitation.

Factor 4 - COST/PRICE. The proposed prices/costs will be evaluated. The cost evaluation will determine whether the proposed costs are realistic, complete, and reasonable in relation to the solicitation requirements. Proposed costs must be entirely compatible with the technical approach.The cost per class should be all-inclusive with the exception of the travel cost for Instructor-led training at a Government Training site other than the Silver Spring, MD NMFS campus

13.Project Lead: Natalie Huff, Natalie.Huff@noaa.gov, 301-427-8025

14.Contractor's invoice.

The Contractor shall prepare and submit invoices to MB.Invoices@noaa.gov. If the invoice does not comply with these requirements, the designated billing office will return it within 7 days after receipt with the reasons why it is not a proper invoice. Invoices shall not be submitted until all work is complete and the government has made acceptance. Any invoices submitted prior to this will be returned to the vendor as unacceptable. The Government will take into account untimely notification when computing any interest penalty owed the Contractor. Terms are Net 30. Please do not seek payment information until the 30 days have passed from acceptance. NOAA does make every attempt to make prompt payments.

(i) Name and address of the Contractor.

(ii) Invoice date and invoice number. (The Contractor should date invoices as close as possible to the date of the mailing or transmission.)

(iii) Contract number or other authorization for supplies delivered or services performed (including order number and line item number).

(iv) Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed.

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(v) Shipping and payment terms (e.g., shipment number and date of shipment, discount for prompt payment terms). Bill of lading number and weight of shipment will be shown for shipments on Government bills of lading

(vi) Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defective invoice.

(vii) Any other information or documentation required by the contract (e.g., evidence of shipment, Bill of Lading (BOL) invoice showing exact charges if freight exceeds $100. The government will only pay exact costs for freight when the charge exceeds $100, must be supported by airway or BOL invoice).

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

(Reference 52.212-4)

52.217-5 EVALUATION OF OPTIONS (JUL 1990)

(Reference 52.217-5)

52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS (JUN 2020)

(a) Definitions. As used in this clause:

Executive means officers, managing partners, or any other employees in management positions.

First-tier subcontract means a subcontract awarded directly by the Contractor for the purpose of acquiring supplies or services (including construction) for performance of a prime contract. It does not include the Contractor's supplier agreements with vendors, such as long-term arrangements for materials or supplies that benefit multiple contracts and/or the costs of which are normally applied to a Contractor's general and administrative expenses or indirect costs.

Month of award means the month in which a contract is signed by the Contracting Officer or the month in which a first-tier subcontract is signed by the Contractor.

Total compensation means the cash and noncash dollar value earned by the executive during the Contractor's preceding fiscal year and includes the following (for more information see 17 CFR 229.402(c)(2)):

(1) Salary and bonus.

(2) Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Financial Accounting Standards Board's Accounting Standards Codification (FASB ASC) 718, Compensation-Stock Compensation.

(3) Earnings for services under non-equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees.

(4) Change in pension value. This is the change in present value of defined benefit and actuarial pension plans.

(5) Above-market earnings on deferred compensation which is not tax-qualified.

(6) Other compensation, if the aggregate value of all such other compensation (e.g., severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000.

(b) Section 2(d)(2) of the Federal Funding Accountability and Transparency Act of 2006 (Pub. L.

109-282), as amended by section 6202 of the Government Funding Transparency Act of 2008 (Pub. L.

110-252), requires the Contractor to report information on subcontract awards. The law requires all reported information be made public, therefore, the Contractor is responsible for notifying its subcontractors that the required information will be made public.

(c) Nothing in this clause requires the disclosure of classified information.

(d)(1) Executive compensation of the prime contractor. As a part of its annual registration requirement in the System for Award Management (SAM) (Federal Acquisition Regulation (FAR) provision 52.204-7), the Contractor shall report the names and total compensation of each of the five most highly compensated executives for its preceding completed fiscal year, if--

(i) In the Contractor's preceding fiscal year, the Contractor received--

(A) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), cooperative agreements, and other forms of Federal financial assistance; and

(B) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), cooperative agreements, and other forms of Federal financial assistance; and

(ii) The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.).

(2) First-tier subcontract information. Unless otherwise directed by the Contracting Officer, or as provided in paragraph (g) of this clause, by the end of the month following the month of award of a first-tier subcontract valued at or above the threshold specified in FAR 4.1403(a) on the date of subcontract award, the Contractor shall report the following information at http://www.fsrs.gov for that first-tier subcontract. (The Contractor shall follow the instructions at http://www.fsrs.gov to report the data.)

(i) Unique entity identifier for the subcontractor receiving the award and for the subcontractor's parent company, if the subcontractor has a parent company.

(ii) Name of the subcontractor.

(iii) Amount of the subcontract award.

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(iv) Date of the subcontract award.

(v) A description of the products or services (including construction) being provided under the subcontract, including the overall purpose and expected outcomes or results of the subcontract.

(vi) Subcontract number (the subcontract number assigned by the Contractor).

(vii) Subcontractor's physical address including street address, city, state, and country. Also include the nine-digit zip code and congressional district.

(viii) Subcontractor's primary performance location including street address, city, state, and country. Also include the nine-digit zip code and congressional district.

(ix) The prime contract number, and order number if applicable.

(x) Awarding agency name and code.

(xi) Funding agency name and code.

(xii) Government contracting office code.

(xiii) Treasury account symbol (TAS) as reported in FPDS.

(xiv) The applicable North American Industry Classification System code (NAICS).

(3) Executive compensation of the first-tier subcontractor. Unless otherwise directed by the Contracting Officer, by the end of the month following the month of award of a first-tier subcontract valued at or above the threshold specified in FAR 4.1403(a) on the date of subcontract award, and annually thereafter (calculated from the prime contract award date), the Contractor shall report the names and total compensation of each of the five most highly compensated executives for that first-tier subcontractor for the first-tier subcontractor's preceding completed fiscal year at http:// www.fsrs.gov, if--

(i) In the subcontractor's preceding fiscal year, the subcontractor received--

(A) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), cooperative agreements, and other forms of Federal financial assistance; and

(B) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), cooperative agreements, and other forms of Federal financial assistance; and

(ii) The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.)

(e) The Contractor shall not split or break down first-tier subcontract awards to a value below the threshold specified in FAR 4.1403(a), on the date of subcontract award, to avoid the reporting requirements in paragraph (d) of this clause.

(f) The Contractor is required to report information on a first-tier subcontract covered by paragraph (d) when the subcontract is awarded. Continued reporting on the same subcontract is not required unless one of the reported data elements changes during the performance of the subcontract.

The Contractor is not required to make further reports after the first-tier subcontract expires.

(g)(1) If the Contractor in the previous tax year had gross income, from all sources, under $300,000, the Contractor is exempt from the requirement to report subcontractor awards.

(2) If a subcontractor in the previous tax year had gross income from all sources under $300,000, the Contractor does not need to report awards for that subcontractor.

(h) The FSRS database at http://www.fsrs.gov will be prepopulated with some information from SAM and the FPDS database. If FPDS information is incorrect, the contractor should notify the contracting officer. If the SAM information is incorrect, the contractor is responsible for correcting this information.

(End Of Clause)

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT (AUG 2020)

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

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

Covered telecommunications equipment or services means--

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

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

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

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

Critical technology means--

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

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

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

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

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

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

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

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

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

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

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

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

(b) Prohibition.

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

FAR 4.2104.

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

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

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

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

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of

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this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

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

(i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);

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

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended.

In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

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

(End Of Clause)

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JUN 2020)

(a) North American Industry Classification System (NAICS) code and small business size standard.

The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) Remit to address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(f) Late submissions, modifications, revisions, and withdrawals of offers.

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

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(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)

(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is late and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(i) Availability of requirements documents cited in the solicitation.

(5) Offers may be withdrawn by written notice received at anytime before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific…