Sol_70US0921R70090026.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

PRO-PROCUREMENT DIV

BLDG T-5

245 MURRAY LANE, SW

COMMUNICATIONS CENTER (PRO)

PRO-PROCUREMENT DIV

CODE 16. ADMINISTERED BYCODE

X

X

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED ORPRO-PROCUREMENT DIV

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

03/30/2021 1200 ET

03/16/2021

KRISTOPHER BANKHEAD

(No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

70US0921R70090026

5. SOLICITATION NUMBER

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

1 29 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

WASHINGTON DC 20223

TELEPHONE NO.

17a. CONTRACTOR/

15. DELIVER TO

WASHINGTON DC 20223

BLDG T-5

245 MURRAY LANE SW

COMMUNICATIONS CENTER (PRO)

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

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)

PRO-PROCUREMENT DIV

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

The purpose of this requirement is to provide highly customized, agency specific law Enforcement Responder (LER) course above Emergency Medical Responder (EMR) level.

0001 Base Year - Law Enforcement Responder Emergency 1 US Medical Responder Courses.

USSS BETC: DISB

FOB: Destination Continued ...

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

HEREIN, IS ACCEPTED AS TO ITEMS:

X

DATED

Theresa Williams

. 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

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

1001 Option Year 1 - Law Enforcement Responder 1 US

Emergency Medical Responder Courses.

USSS BETC: DISB

(Option Line Item)

12/01/2021

FOB: Destination

2001 Option Year 2 - Law Enforcement Responder 1 US

Emergency Medical Responder Courses.

USSS BETC: DISB

(Option Line Item)

12/01/2022

FOB: Destination

3001 Option Year 3 - Law Enforcement Responder 1 US

Emergency Medical Responder Courses.

USSS BETC: DISB

(Option Line Item)

12/01/2023

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

29 2 of

70US0921R70090026 United States Secret Service

Instructions to Offerors

This is a best-value/trade-off evaluation conducted in accordance with FAR 15.101. In order to be eligible for award, the offeror must be deemed responsible in accordance with FAR, meet all requirements of the solicitation, and conform to all required terms and conditions. Offerors shall strictly adhere to the page limits and a Time New Roman 10- point font, single sided page. Pages shall be standard letter sized paper (8 ½ x 11).

Order of Importance in making its award determination, the Government will consider the evaluation factors listed in the following descending order of importance:

o Technical Capability o Experience/Qualifications o Price

Technical and Experience/Qualifications will be considered significantly more important than price.

Evaluation Factors

Factor 1: Technical Capability - Offerors are required to submit a comprehensive and complete technical proposal that demonstrates their ability to perform the work described in the Statement of Work (SOW).

Offerors are cautioned to be responsive to all of the requirements annotated in the SOW and to provide sufficient information to allow evaluation of the proposal. The technical proposal shall not exceed 10 pages, Time New Roman 10-font, single sided pages (excluded cover page and table of content).

Factor 2: Experience/Qualification - Offerors are required to submit a comprehensive and complete experience/qualification proposal that demonstrates their work experience within the last 3-5 years to include describing their corporate experience and key personnel qualification. This evaluates the objective work experience and qualification, including nature, date, location, customer, and methods of previous work, of the offeror. It also allows for a qualitative judgment regarding the breadth, depth, and relevance of that work experience, and a qualitative judgment regarding how well the work was performed. The experience/qualification proposal shall not exceed 5 pages, Time New Roman 10-font, single sided pages (excluded cover, table of content and resumes). Resumes shall not exceed 2 pages per personnel.

Factor 3: Price - This factor will be evaluated for price reasonableness. The price for Base and Option Years will be added together to calculate a Total Evaluated Price by which the offeror will be evaluated. Offerors are encouraged to offer discounts in their proposal. The cost proposal should also include the following:

I) Name, title, telephone number, fax number, and email address of the point of contact.

2) Nine-digit DUNS. The DUNS is used to verify that the vendor is registered in the System for Award Management (SAM). By submitting a proposal, the Vendor acknowledges the Government requirement to be in the SAM database prior to award of any contract. Information about SAM may be found at www.sam.gov.

3) Nine-digit TIN. The Taxpayer Identification Number is necessary for electronic payment.

4) FAR 52.212-3, Vendor Representations and Certifications Commercial items. If the Vendor has completed the annual representations and certifications electronically through SAM at www.sam.gov, then the Vendor shall provide a statement indicating this has been completed. Upon receipt of this statement, the Government will verify that the annual representations and certifications have been completed in SAM.

If FAR 52.217-8 clause is exercised, it will be at the Option Year 4 rates.

Evaluation Methodology

Factor 1 and Factor 2 submittals will be evaluated and will received one overall rating using the Confidence Ratings in the table below:

High Confidence The Government has high confidence that the Offeror understands the requirement, proposes a sound approach, and will be successful in performing the contract with little or no Government intervention.

Some Confidence The Government has some confidence that the Offeror understands the requirement, proposes a sound approach, and will be successful in performing the contract with some Government intervention.

Low Confidence The Government has low confidence that the Offeror understands the requirement, proposes a sound approach, and will be successful in performing the contract even with Government intervention.

Statement of Work

1.1 Scope:

The objective of this procurement is to select a vendor who can provide one (1) specialized law enforcement primary instructor/ course coordinator, one (1) Medical Director and a minimum cadre of four (4) instructors who can support an established educational program for a highly customized, agency specific Law Enforcement Responder (LER) course above the Emergency Medical Responder (EMR) level. The approved vendor must participate in the development of the curriculum; promote continuity of instruction and to deliver both educational and operational support to the instructional staff at James J. Rowley Training Center (JJRTC) and the United States Secret Service (USSS) Medical Director. The primary Instructor / course coordinator shall be responsible for teaching the majority of the courses and reports to the JJRTC Emergency Services Section Program Manager relative to scheduling, access, adjunct instructor cadre, curriculum development and on-site emergency response role. USSS law enforcement recruits come from a variety of backgrounds to include prior EMS, rescue or medical experience. In addition, this course teaches Tactical Emergency Casualty Care (TECC), incident management, medical response to weapons of mass destruction and certain assisted pharmacology above the level of an expanded scope as decided per medical direction.

1.2 Background:

The USSS provides a proprietary LER course above the EMR level for all Law Enforcement students attending basic training courses at the RTC in Prince Georges County, Maryland. The LER Course is a proprietary USSS specific curriculum that exceeds that of the National Highway Traffic Safety Administration (NHTSA) criteria for EMR. The courses are scheduled randomly as space and time permit at JJRTC and may run over several months or may occur in a period of one week. JJRTC currently has on average twenty-six (26) LER classes a year but the number can be greater. Each course is broken down into five (5) blocks of instruction. Several different courses and or lessons may occur during any given time period. The course may be either entirely in person or a hybrid model of virtual/ instructor lead and in person classes. The length of the traditional in person course is 32 hours. The course is transitioning to the hybrid model. The length of the hybrid course is forty (40) hours. This represents twenty-four (24) hours of distance learning training and sixteen (16) hours of in class time. This does not include remediation, administration, or preparation. Format of the class will be determined by JJRTC.

As courses are currently scheduled around the availability of facilities the vendor must have maximum flexibility relative to course schedules. Courses can be changed with less than eight (8) to twelve (12) hours’ notice and eight (8) courses could be running at the same time. The instructional staff must be capable of providing emergency medical care at the National Registry Advanced Life Support level to assist the ESS staff if needed while they are at JJRTC or other locations.

Applicable Documents:

The USSS Manual:

Training -RTC Section 7, 7-01, 7-02, 7-04 and 7-05 LER Lesson Plans.

USSS LER protocols

American Heart Association current guidelines

These documents may be viewed with USSS approval by appointment at USSS JJRTC.

Specific Tasks:

1. Curriculum Development – Participates in meetings at JJRTC to review or develop course curriculum. Writes proposals to refine curriculum or evaluation tools.

2. Course Medical Director –Review curriculum and make input to the JJRTC ESS staff and the USSS

Emergency Medical Director as to the ability of the vendor instructors experience and ability to teach and to the current applicability of the material as medical and trauma training evolve.

3. Primary Instructor/Course Coordination – Participates in meetings and monitors course schedules with the JJRTC Emergency Services Section Program Manager. Makes assignments for adjunct faculty, notifies JJRTC of personnel access to facility, acts as point of contact regarding the vendor.

4. Virtual Classroom- Provides distance learning instruction with content from LER program with narration to include American Heart Association (AHA) Cardiopulmonary Resuscitation (CPR). The program shall reside on the USSS virtual training site and must meet the following criteria:

a. The vendor must be an AHA Training Site with the ability to issue cards if requested.

b. CPR must be taught according to AHA guidelines.

c. Utilize distributive education web-based model for all didactic learning objectives.

d. Self-paced courses delivered via a distributive education platform.

e. Knowledge evaluation exercises, quiz’s assignments and enhanced learning materials via a distributive education web-based system.

5. Classroom Instructor – Provides in class lectures, leads team assignments, and leads practical exercises. One (1) vendor instructor must be available for each lesson to include lessons with overlapping times and dates. Provides remedial training as requested by the JJRTC staff to students requiring remediation after an exam or practical evaluation failure.

6. Student Evaluation – Administers exams, grades and reports on exams contained in curriculum.

Administers practical evaluations and prepares report on final student evaluation.

7. Staff Training – Provides content updates and medical training as it pertains to changes in medical care and the law enforcement environment to JJRTC staff. Makes available clinical resources and educational opportunities for Instructor development. Provides on-site medical support to JJRTC staff as needed during on campus emergencies.

8. Course Completion Verification - Provides a course completion certificate indicating the successful completion of a LER level course with an American Heart Association Health Care Provider CPR certification card.

Personnel and Qualification:

1. The educational program must have a minimum of ten (10) years of experience in providing emergency medical courses at or above the EMR level,

2. Due to the expanded scope of care presented in the course, the primary instructor / course coordinator must have credentials as a National Registry Paramedic, with a minimum of ten (10) years field experience in providing emergency medicine as a paramedic.

3. The program must have a medical director for oversight of all instructors to include both instructing and any care instituted by the instructors while on campus. The medical director must be a licensed physician with board certification by the American College of Emergency Physicians.

4. The educational program must have no less than five (5) full time faculty and no less than four (4) instructors available to teach the USSS Specific LER. Instructors are required to have five (5) years’ experience instructing law enforcement or protective medicine at the local, federal, or military level. All contractors shall be required to provide information and credentials necessary to gain access to a restricted government facility. The Educational Program shall be required to access JJRTC and other facilities in the National Capital region within twelve (12) hours’ notice of a schedule change.

5. The vendors enterprise must be associated with an academic institution of higher education with clinical medical enterprise. A contractual agreement will not be acceptable in this case.

6. The approved vendor must also provide two (2) practical examination evaluators for the eight (8) hour final practical exercise.

7. The USSS requires American Heart Association (AHA), Health Care Provider CPR as part of the LER- EMR curriculum. All Instructors must have current credentials as an American Heart Association, Basic Life Support Healthcare Professional instructor and be affiliated with an AHA training center.

8. All contract instructors must have credentials at a minimum of current National Registry Advanced Life Support provider in the United States or equivalent as directed by program manager. Acceptable examples of equivalency are military medics (MOS 68W or higher, 4N0X1, NEC 8404 or higher).

9. The practical examination evaluators must have credentials at a minimum of a current National Registry Advanced Life Support provider in the United States or a Nationally Registered EMT qualified as an EMT instructor.

General Stipulations:

1. This solicitation and subsequent award are for FY2021 - FY2026. The instructors shall be able to provide instruction for the course o/a April 13, 2021.

2. The Government reserves the right to delete any course listed in this solicitation and subsequent award as the result of a revision in the Emergency Services Training curriculum with no penalty or surcharge to the Government.

3. The Government reserves the right to postpone, reschedule or cancel training for the benefit for the Government.

4. Class schedule and dates may be changed for the benefit of the USSS.

5. The vendor shall have extensive knowledge of, and experience with, LER curricula and experience providing instruction to the following trainee population:

a. Federal agents providing protection service and conducting complex criminal investigations,

b. Uniformed Law Enforcement Officers providing protective security,

c. Technical specialists in law enforcement-related scientific disciplines, and

d. Administrators responsible for developing and regulating the budgetary, procurement, human resource and training and quantitative/qualitative analytical processes in a federal law enforcement organization.

6. All vendor personnel shall obtain access to training sites pursuant to the USSS security clearance requirements for contractors at the JJRTC.

7. Vendors shall submit resumes for all instructors and Medical Director as specified in the SOW. All adjunct instructors must be approved by the USSS before teaching any course.

8. Upon award, successful vendor should contact USSS JJRTC ESS point of contact to schedule instructor mentoring for onboarding instructor cadre. Once completed all new instructor mentoring shall be handled by the vendor.

9. Vendors shall utilize copies of all syllabi, lesson plans and instructional materials at the request of the USSS.

10. All vendor products shall comply with Section 508 of the Rehabilitation Act.

Academic Stipulations:

1. The vendor shall provide training for up to twenty-four (24) students per class. At times there may be a combined class of up to forty-eight (48) students, if scheduled instructional times and curricula are the same and it will help facilitate the instructional process.

2. This course addresses the components of the USSS Specific LER Curriculum. The course shall incorporate lecture, individual and group participation and case studies. Students must demonstrate knowledge through a wide range of evaluation tools to include written exams and practical performance.

3. Case studies and practical exercise shall use USSS related topics and situations. Scenarios are prepared for vendor by JJRTC. JJRTC employees will guide the vendor through the scenario.

4. The vendor must work with USSS Subject Matter Experts (SMEs) and members of the Academic Process Branch to update/revise course content and delivery methods over the term of the subsequent award.

5. The vendor must co-facilitate parts of the course with SMEs from the USSS JJRTC.

6. Evaluation of services must be completed via student course evaluations, JJRTC Staff evaluations and classroom observations by JJRTC Emergency Services Program Manager.

7. All educational intellectual property, proprietary programs, equipment and presentations will remain the property of the United States Secret Service and cannot be removed from premises without prior approval from the Emergency Services Program Manager.

Delivery Specifications:

1. All Emergency Services Responder didactic and evaluation portions of courses shall be delivered in spaces provided at the JJRTC and approved by the SMEs from the USSS.

2. Travel to and from JJRTC and within the training area described above will be at the vendor’s expense.

3. The vendor must only utilize USSS specific materials that may be produced in-house. Documents are prepared for/with Vendor by JJRTC ESS. The vendors instructor cadre shall be responsible to travel to JJRTC on their time to prepare for instruction at least one half (0.5) hour prior to the anticipated beginning of class.

4. The vendor must purchase and distribute an approved LER level textbook and an accompanying study guide to each student participating in a course. The Vendor must supply and maintain text books to accommodate a library stock of eight (8) classes of 24 students for each year. The life expectancy of the soft cover books in the library format is one year. The vendor must maintain these textbooks. As they become worn and damaged the vendor must replace the textbooks. The textbooks can be reissued to the students providing they are intact and in usable condition per evaluation by the USSS Program Manager. The study guides must be issued to each student individually and shall not be returned or reutilized.

5. In addition to training space, the vendor must utilize audio visual support including, but not limited to: overhead projector, white board, easel stands and computer access for PowerPoint presentations, television/projection set up provided by the USSS JJRTC.

6. The USSS will provide the vendor with course dates a minimum of fourteen (14) days in advance.

7. Specific lesson dates and times are subject to change up to eight to twelve (8-12) hours prior to the course.

8. Specific courses may run concurrently with lesson variability to occur as needed to facilitate JJRTC logistics.

9. Training may be scheduled regardless of Federal holidays, special events, weather or observances.

1.3 Place of Performance

James J. Rowley Training Center (JJRTC) 9200 Powder Mill Road Laurel, MD 20708 which is in the National Capitol Region, Washington, DC.

1.4 Contract Type

The contract type shall be Firm Fixed-Price.

1.5 Contract Clauses

52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights. (JUN 2020)

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

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

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. (OCT 2020)

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

(a) Definitions. As used in this provision-

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

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

Nothing in the prohibition shall be construed to-

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

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

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

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

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

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

(d) Representations. The Offeror represents that-

(1) It [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that-

It [ ] does, [ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment-

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number;

and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services-

(A) If the service is related to item maintenance:

A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided;

and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment-

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number;

and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services-

(A) If the service is related to item maintenance:

A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.204-26 Covered Telecommunications Equipment or Services-Representation. (OCT 2020)

(a) Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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

(c) Representations. (1) The Offeror represents that it [ ] does, [ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ] does, [ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

(End of provision)

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations-Representation. (NOV 2015)

(a) Definitions. Inverted domestic corporation and subsidiary have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).

(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.

(c) Representation. The Offeror represents that-

(1) It is, is not an inverted domestic corporation; and

(2) It is, is not a subsidiary of an inverted domestic corporation.

(End of provision)

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.

(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 people 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; and (9) the specification.

(t) Removed and 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. (OCT 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:

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)).

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).

52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

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

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

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

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

52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509).

52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

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

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

52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub.