Sol_140L5721Q0045.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

0004276675 CODE 16. ADMINISTERED BYCODE

X

X

541990

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED ORLUA

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

08/20/2021 1700 MD

08/04/2021

(435)781-4445Tori Blunt Mayes (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

140L5721Q0045

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 52 0040540709OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

SALT LAKE CITY UT 84101

440 WEST 200 SOUTH, SUITE 500

BLM-UT UTAH STATE OFFICE*

15. DELIVER TO

SALT LAKE CITY UT 84101

440 WEST 200 SOUTH, SUITE 500

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$16.50

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

BLM UT-STATE OFC ADM SVCS BR(UT952)

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

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UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Utah State Office - Ceramic Authentication and Identification Legacy Doc #: BLM Delivery: 09/16/2022 Period of Performance: 09/01/2021 to 08/31/2022

00010 Utah State Office - Ceramic Authentication and Identification in accordance with attached SOW, Clauses and Wage Determination.

Continued ...

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

Tori Blunt Mayes

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

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UNIT

21.

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SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Product/Service Code: B599

Product/Service Description: SPECIAL

STUDIES/ANALYSIS- OTHER

Period of Performance: 09/15/2021 to 09/16/2022

00020 Option 1: Utah State Office - Ceramic

Authentication and Identification in accordance with attached SOW, Clauses and Wage Determination.

(Option Line Item)

09/01/2022

Product/Service Code: B599

Product/Service Description: SPECIAL

STUDIES/ANALYSIS- OTHER

Period of Performance: 09/15/2022 to 09/16/2023

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

52 2 of

U.S. DEPARTMENT OF INTERIOR

BUREAU OF LAND MANAGEMENT

UTAH STATE OFFICE

440 W 200 S, SUITE 500

SALT LAKE CITY, UT 84101

SOLICITATION NO: 140L5721Q0045

OFFERS ARE SOLICITED FOR: USO CERAMIC AUTHENTICATION & IDENTIFICATION

IMPORTANT – NOTICE TO OFFEROR:

At a minimum, offeror shall submit the following documents back with their response to this solicitation:

• SF-1449 - solicitation/contract/order for commercial items (complete, date and sign)

• Volume 1 - Technical response as identified in evaluation factors for award

• Volume 2 - Price Quote as identified in evaluation factors for award

• Highlighted Clause responses in Attachment – Commercial Clauses-Services pages 16 & 17

Questions can be emailed to tbluntmayes@blm.gov. Ensure the solicitation number is in the subject line of your email.

Ensure the solicitation number is in the subject of your email and retain a copy of solicitation for your records. Return to: tbluntmayes@blm.gov by August 20, 2021

5:00 pm MT.

An award will be made from this solicitation when the evaluation of offers has been completed which is anticipated to occur shortly after the closing date of the solicitation. In order to be considered for any award, it is required that contractors be registered, active and valid in the system for award management (SAM.gov) database at the time that award will be made. Reference far 52.204-7 system for award management. It is recommended that if you are a contractor that will be responding to this solicitation and not currently registered, active and valid in the SAM database, that you immediately begin the process.

All solicitations shall be issued through beta.sam.gov (beta.SAM.gov).

It is the quoter’s responsibility to watch for any and all amendments to the solicitation, which shall be issued electronically through the beta.SAM.gov website.

mailto:tbluntmayes@blm.gov mailto:tbluntmayes@blm.gov http://www.beta.sam.gov/

Statement of Work – BLM Utah Ceramic Authentication and Identification for the Cerberus Collection

SPECIFICATIONS FOR

CERAMIC AUTHENICATION AND IDENTIFICATION FOR THE CERBERUS

COLLECTION

BUREAU OF LAND MANAGEMENT, UTAH

I. Scope

The work covered by this contract includes assistance with authenticating and identifying and 141 ceramic objects that are managed by the Bureau of Land Management (BLM)

Utah. The archaeological materials being identified are from the Operation Cerberus

Action case and related activities and are collectively known as the Cerberus Collection.

Objects from the Cerberus Collection were collected illegally and lack provenience and provenance. The majority of the archaeological materials originate from the Four

Corners, Southwest, or Colorado Plateau regions, but materials from other regions are also expected. The authentication and identification of the ceramics will help the BLM determine if any of the objects are fake or partly fake, and if authentic, which region each object should be curated in so it can be returned to the region in which it was illegally removed.

Specifically, the contract will entail: hands-on work with the objects at a BLM office in

Salt Lake City, Utah; determination whether each object is fully or partly fake; and if authentic, determination of the functional and stylistic type of each ceramic object, determination of the region of origin of each object, the timeframe when each object was produced, and the culture that may have produced the object. Fake ceramic objects are known to exist in the collection because they were being produced for sale on the illicit market by collectors and were forfeited to the Federal government alongside authentic objects. The collection catalog will be updated with the results of the identification and analysis as well as a more accurate object description if warranted. Most of the ceramic objects are vessels such as pitchers, mugs, and jars, but ceramic figurines are also present.

The Contractor shall supply the necessary qualified personnel, equipment, and materials to authenticate and identify this subset of ceramic objects from the Cerberus Collection and report the findings to BLM Utah.

The contract is a firm fixed price lump sum contract. The bid schedule is found in

Appendix I. The performance period will be for one year from the initiation of the contract. This contract includes option for additional ceramics to be authenticated and identified if needed.

II. Objectives

This contract is necessitated by the responsibilities of BLM-Utah to protect and preserve archaeological resources from BLM-Utah administered lands and archaeological resources forfeited to the Federal Government in perpetuity and to conform with 36 CFR

79 and Department of the Interior policies and directives. This contract will address the following objectives: (1) provide BLM-Utah with expertise in the identification of ceramics from BLM-Utah’s Cerberus Collection; (2) provide BLM-Utah with the expertise in determining if ceramic objects are fake, partially fake, or authentic; and (3) provide BLM-Utah with complete and accurate information regarding BLM-Utah collections via updating of the associated catalog and production of a report.

III. Description and Location

The Contractor will perform object authentication and identification work at the BLM-

Utah repository in Salt Lake City, Utah. The facility has office and warehouse space to work in, but does not have wifi or internet access. The facility location is to remain confidential and all repository rules must be followed (e.g., no food or drink in the collections room, sign-in using the security logs daily when entering and exiting the facility).

IV. Government Furnished Property

The Government will make available the materials, supplies, property, or services listed below. The Contractor shall be liable for the loss or damage to such property due to neglect or non-conformance with applicable laws, regulations, and policy. Government furnished property will be provided to the Contractor throughout the performance period until the project is completed. The BLM retains all ownership of government furnished property.

• Archaeological collections/archaeological materials.

• Cerberus Collection catalog containing entries for the objects slated for authentication and identification under this contract.

• Photos of objects to be authenticated and identified.

• Common office and lab supplies such as lamps, magnifying glasses, sticky notes, writing utensils, and other common supplies on hand at the repository facility.

• Facility furniture and amenities such as tables, chairs, mini fridge, microwave, and other onsite amenities.

V. Contractor Furnished Property

The Contractor shall furnish all other equipment and materials necessary to authenticate and identify the ceramic objects in the collection, record the findings on an electronic excel spreadsheet (the catalog), and produce a report.

VI. Administration, Supervision, and Personnel

The Contractor is responsible for all phases of the work and for the quality of deliverables. The Contractor is responsible for ensuring that appropriately qualified personnel complete the deliverables. The BLM Utah State Office and the Contractor will collaborate throughout the term of the contract.

Required Trades: The Contractor shall have the capability of supplying trades including, but not limited to ceramicists, curators, archaeologists, and other professional staff that have the expert knowledge and experience to complete the work under this contract.

The Contractor is responsible for all work and for the quality of deliverables.

The Contractor shall supply the necessary qualified personnel, materials, equipment, and reference materials to conduct the work, properly handle the collections, and report to

BLM-Utah. The authentication and identification of the objects should take into account professional expertise with archaeological and ceramic materials in the appropriate region.

The Government reserves the right to request a list of key personnel who will be or are involved with the project, verifying their qualifications and past experience with authentication, identification, and analysis of ceramics and handling of archaeological artifacts. The Government reserves the right to inspect the work throughout the performance period.

The Contractor must provide a work schedule for all onsite work at the Government’s facility to the Contracting Officer’s Representative (COR) at least a week in advance of onsite work. The Government will provide access to the Government’s facility daily per the work schedule submitted by the Contractor. The COR or repository staff will be onsite during all work at the Government’s facility to supervise the secure access to the repository space and collections materials.

Work Period: The repository can be accessed with advance notice during typical operating hours utilizing an 8-hour workday during daylight hours Monday through

Friday, excluding holidays. Arrangements for work outside of a typical 8-hour workday

Monday through Friday will be considered upon request. Archaeological collections will be appropriately secured and monitored during non-work hours.

VII. Statement of Work and Technical Specifications

Work will include the following: (1) examine ceramic objects to determine if each object is fake, partly fake, or authentic using non-destructive techniques and professional judgement (if the use of destructive techniques for authentication is warranted approval can be requested in writing on a case by case basis) (note: photos of the objects can be provided in advance of onsite work if requested to facilitate any preliminary authentication and identification work); (2) for objects that are determined to be authentic, determine functional type (e.g., jar), stylistic type (e.g., Mummy Lake Gray), region of origin (e.g., Southwest Colorado), time period of production (e.g., 1050 A.D. –

1200 A.D.), and archaeological culture that can be reasonably attributed to producing the object (e.g., Ancestral Pueblo: Southern Colorado Plateau) (note: not all these criteria are expected to be identifiable for all objects and this can be recorded as a valid result of identification if warranted); (3) update the catalog records by recording the information from numbers 1 and 2 above for each object (columns will be provided in the excel catalog for inputting this information); (4) updating the description of the object and/or object class and type in the catalog if not adequately described; (5) produce a report with a summary of findings and a discussion of methods and criteria used to make determinations of authentication and identification; and (6) maintaining a professional staff that can perform the work outlined in this contract.

VIII. Deliverables and Scheduling

Contractor shall provide for the authentication and identification of ceramic objects that are part of BLM-Utah’s Cerberus Collection by performing work onsite at the BLM-Utah collections repository.

Deliverables include a report with a summary of findings and a discussion of methods and criteria used to make determinations of authentication and identification and an updated catalog including the information from the results of the work under this contract. The report and a final, updated digital excel catalog will be submitted at the completion of the work or the completion of the contract, whichever comes first. All digital documents may be submitted with the use of a BLM-Utah encrypted hard drive

(which BLM-Utah can provide if needed) or via email.

Work shall begin within two months of the final awarding of the contract to facilitate completion by the end of the contract term. Scheduling of the onsite work and access to the government furnished property may take place once the final contract is awarded.

IX. Payment Schedule

The Contractor shall be paid half the cost of the contract when 50% of the work is completed (i.e., once 70 objects are authenticated and of those, the objects found to be authentic are identified (if needed, the quantifiable measure that reflects 50% of the work being complete can be adjusted before the contract is awarded to better reflect the workflow proposed by the Contractor)). Final billing for the other 50% of the contract cost can be made when 100% of the work is complete. The Contractor shall submit with each invoice a breakdown of the number of artifacts authenticated and identified during the time period of the invoice. Differing payment schedules need to be outlined in proposals.

X. Future Use of Project Data

Contractor may not use the archaeological and collections data resulting from the work performed for future research purposes without the written consent of the appropriate

BLM Utah State Office official. Repository location may not be disclosed. Site locations may not be disclosed. Any data pertaining to the nature and location of archaeological resources on BLM lands is protected data and may not be made publically available under any circumstance without the written consent of the appropriate BLM official as provided for in 36 CFR 79.10(d).

XI. Discoveries

Some archaeological materials being identified may be identified as being subject to the

Native American Graves Protection and Repatriation Act (NAGPRA). All known

NAGPRA objects are indicated in the Cerberus Collection catalog and are not knowingly included in this contract. If NAGPRA objects not indicated in the catalog are discovered during the contract, the Contractor shall notify the BLM Utah State Office Museum

Collections Manager immediately.

APPENDIX I

Bid Schedule for Ceramic Authentication and Identification for the Cerberus Collection

*Based on Federal Per Deim rates for Salt Lake City, Utah (Lodging $128/day; M&IE $56/day ($42/day on first and last day of trip)).

Item Description Unit Total

Hours/Units Unit Price Total Price Price per Period

1 Base Period (1 year) Object 141 $ $

2 Base Period (1 year) Travel Per person/day 1* $ $

3 Option 1 Oject 40 $ $

4 Option 1 Per person/day 1* $ $

Total $

EVALUATION CRITERIA

The contractor will be selected based on the following selection criteria:

The best value criteria other than price, when combined, are approximately equal to price in importance. In addition to the best value criteria and price there is one pass/fail criteria.

The best value criteria and the pass/fail criteria are:

1 of 5: Pass / Fail. Reference checks. The selected contractor must have good references.

SUBMITTAL REQUIREMENT: three and no more than three references. The references must include current contact information for the reference.

2 of 5: Key Personnel. The contractor must list out the personnel who will be working on the project and their qualifications. One or more key personnel must have expertise in archaeological ceramic authentication, identification, and/or analysis for artifacts from the precontact American

Southwest, Colorado Plateau, and/or the Four Corners. SUBMITTAL REQUIREMENT:

resumes of the key personnel whom the contractor proposes will be working on this project.

3 of 5: Technical Capability. Contractors must describe their ability and plan to perform the work. This will be in sufficient detail to allow a subject matter expert to determine that the contractor has, and to what extent has, the ability and the plan to perform all the tasks described in the Statement Of Work (SOW). SUBMITTAL REQUIREMENT: a description of the contractor’s ability to do the work and the contractor’s plan to perform the work.

4 of 5: Past Experience. Contractors shall provide three (3) past performance examples including recent and relevant projects of similar size, scope and complexity. The contractor shall provide the names and project information for these projects if possible. Past performance evaluation shall focus on the quality of previous work produced by the contractor. Timeliness, Quality of Product, and Customer service will be evaluated as well as technical soundness of the product produced for that entity. SUBMITTAL REQUIREMENT: for three past performance examples provide descriptions of contracts of similar scope, size, and complexity.

5 of 5: Timeliness. The contractor must describe how soon after award the contractor can begin work and describe how long it will take to complete all the work. SUBMITTAL

REQUIREMENT: the contractor must specify how soon they can start work after award and specify how long it will take to complete all the work.

Submission Instructions –

Vendors shall provide two proposal volumes in the following format:

Volume 1 – Technical Factors – will include reference checks, key personnel, technical capabilities, past experience, and timeliness. Cost or pricing information may not be included in the technical proposal.

Volume 2 – Price quote

Section 2 – Contract Clauses 52.252-2 Clauses Incorporated by Reference (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text.

Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): https://www.acquisition.gov/browsefar

52.204-13 System for Award Management Maintenance (OCT 2018)

52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020)

52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014)

52.204-22 Alternative Line Item Proposal (JAN 2017)

52.232-1 Payments (APR 1984)

52.232-11 Extras (APR 1984)

52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013)

52.237-3 Continuity of Services (JAN 1991)

52.242-15 Stop-Work Order (AUG 1989)

52.242-17 Government Delay of Work (APR 1984)

*Special Notice: To combat national security and intellectual property threats that face the United States, Section

889 of the John S. McCain National Defense Authorization Act (NDAA) includes two prohibitions regarding certain telecommunications, video surveillance equipment and services (telecom). Part A, effective August 13, 2019, states the government may not obtain nor can a contractor provide certain telecom produced by the following companies or their subsidiaries and affiliates: Huawei, ZTE Corporation, Hytera Communications, Hangzhou Hikvision, and

Dahua Technology Company. Part B, effective August 13, 2020, prohibits the government from contracting with any company that uses certain prohibited telecom, as a substantial or essential component of any system, or as critical technology as part of a system, produced by any of the companies, regardless of whether or not that usage is in performance of work under a government contract. The Part B prohibition applies to every business sector and every dollar amount. In making its representation to the government, a contractor must evaluate all systems it uses for prohibited telecom equipment and services.

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);

(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– https://www.acquisition.gov/browsefar

(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 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 https://acquisition.gov/content/part-4-administrative-and-information-matters#id1989GI040ZO https://dibnet.dod.mil/ 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.

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation (JAN 2017)

(a) Definition.

“Internal confidentiality agreement or statement,” “subcontract”, and “subcontractor”, as used in this provision, are defined in the clause at 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.

(b) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions), Government agencies are not permitted to use funds appropriated (or otherwise made available) for contracts with an entity that requires employees or subcontractors of such entity seeking to report waste, fraud, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(c) The prohibition in paragraph (b) of this provision does not contravene requirements applicable to Standard Form 312, (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d) Representation. By submission of its offer, the Offeror represents that it will not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).

(End of Clause)

52.212-4 Contract Terms and Conditions -- Commercial Items (OCT 2018)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

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(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by

EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.

3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109 , which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608- 2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b.

destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (Mar 2020)

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

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

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.