Solicitation 70SBUR21Q00000098.pdf

U.S. Citizenship and Immigration Services

(USCIS)

Nebraska Service Center (NSC)

Freight Shipping Services

Request for Quote: 70SBUR21Q00000098

70SBUR21Q00000098

(1) Action Code:

N/A

(2) Date:

The Period of Performance (PoP) will be 05/01/2021 – 04/30/2022

(3) Year:

This is a Fiscal Year (FY) 2021 Requirement

(4) Contracting Office Zip Code:

05403

(5) Product or Service Code:

V112 – Transportation/Travel/Relocation- Transportation

(6) Contracting Office Address:

70 Kimball Avenue

South Burlington, VT 05403

(7) Subject:

Freight Shipping Services for the Nebraska Service Center

(8) Proposed Solicitation Number:

70SBUR21Q00000098

(9) Closing Response Date:

Friday, Friday, April 16, 2021 @ 11:00 AM Eastern Time (ET)

(10) Contact Point(s) or Contracting Officer:

Primary Point of Contact:

Brittany B. Willette Contract Specialist Brittany.B.Willette@uscis.dhs.gov | (802) 872-4552

Secondary Point of Contact:

Joshua S. Riley Contract Specialist Joshua.S.Riley@uscis.dhs.gov | (802) 872-4680

(11) Contract Award and Solicitation Number:

Award Number: N/A

Solicitation Number: 70SBUR21Q00000098

(12) Contract Award Dollar Amount:

N/A

(13) Line Item Number:

See (v) below.

mailto:Brittany.B.Willette@uscis.dhs.gov mailto:joshua.s.riley@uscis.dhs.gov

(14) Contract Award Date:

N/A

(15) Contractor:

N/A

(16) Description:

i. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; offers are being requested and A WRITTEN SOLICITATION WILL NOT

BE ISSUED.

ii. This solicitation is issued as a Request for Quotation (RFQ).

iii. The solicitation document and incorporated provisions and clauses are those in effect through the Federal Acquisition Circular (FAC) 2021-05.

iv. The small business size standard for the set-aside is: $30.00 Million. The NAICS code is 484121 – General Freight Trucking, Long Distance, Truckload

v. See PART III – ATTACHMENT B – PRICING SCHEDULE for a list of line item number(s) and items, quantities, and units of measure (including options).

vi. U.S. Citizenship and Immigration Services (USCIS) provides a requirement for the shipment of files from the Nebraska Service Center (NSC) to the National Records Center (NRC) and Remote Maintenance File Facility (HBG). See the attachments for a description of requirements for the items to be acquired and all other details.

vii. This requirement consists of a total estimated PoP of twelve (12) months. A base period of performance of six (6) months and one (1) optional period of performance of six (6) months. Please see PART II – ATTACHMENT B – STATEMENT OF WORK below for more information. Delivery and acceptance of deliverables shall be in accordance with the Statement of Work.

viii. The Federal Acquisition Regulation (FAR) provision 52.212-1, Instructions to Offerors—Commercial, applies to this acquisition as does the addendum to the provision as shown below.

ix. The FAR provision 52.212-2 applies to this acquisition with the evaluation factors consisting of price and technical acceptability. The award decision shall be based off the lowest price technically acceptable source selection process.

x. Quoters shall include a completed copy of the FAR provision(s) with its quote. All reps and certs in SAM.gov must be current as of the date and time of solicitation closing –

1. 52.212-3, Offeror Representations and Certifications—Commercial Items (if not currently registered in SAM;

2. 52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment;

3. 52.204-26, Covered Telecommunications Equipment or Services-Representation;

4. 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—Representation; and

5. 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law.

xi. The FAR clause 52.212-4, Contract Terms and Conditions Commercial Items, applies to this acquisition.

xii. The FAR clause 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items, applies to this acquisition. Additional FAR clauses cited in this clause are applicable to the acquisition and can be found attached. Additional contract requirements or terms and conditions necessary for this acquisition and consistent with customary commercial practices shall be found in the in the contract clauses attached.

xiii. There are no additional contract requirement(s) or terms and conditions (such as contract financing arrangements or warranty requirements) necessary for this acquisition.

xiv. No Defense Priorities and Allocations System rating will be assigned to this solicitation or resulting contract.

xv. The date, time and place offers are due. See (9) above.

xvi. The name and telephone number of the individual to contact for information regarding the solicitation.

See (10) above.

(17) Place of Contract Performance:

See PART II – ATTACHMENT B – STATEMENT OF WORK for the place(s) of contract performance.

(18) Set-aside Status:

This acquisition has a set-aside of 100% for Small Business.

TABLE OF CONTENTS

PART II – DOCUMENTS, EXHIBITS & ATTACHMENTS

ATTACHMENT A – PRICING SCHEDULE

ATTACHMENT B – STATEMENT OF WORK (SOW)

ATTACHMENT C – SHIPPING SCHEDULE

ATTACHMENT D – SCA WAGE DETERMINATION – NSC

ATTACHMENT E – SCA WAGE DETERMINATION – NRC

ATTACHMENT F – SCA WAGE DETERMINATION - HBG

PART III – CONTRACT CLAUSES

ATTACHMENT G – SECURITY REQUIREMENTS | SECURITY REQUIREMENT 3 [Modified]

PART IV – SOLICITATION PROVISIONS, INSTRUCTIONS & EVALUATIONS

ATTACHMENT H – TECHNICAL ACCEPTABILITY CHECKLIST [ADDENDUM TABLE]

ATTACHMENT A – PRICING SCHEDULE

Price Quotes shall be submitted using the attached Excel Spreadsheet – PART II – ATTACHMENT A – PRICING

SCHEDULE.

ATTACHMENT B – STATEMENT OF WORK

Department of Homeland Security (DHS)

United States Citizenship and Immigration Services (USCIS)

Nebraska Service Center (NSC)

National Records Center (NRC)

Remote Maintenance File Facility (HBG)

1. TITLE OF PROJECT:

The DHS, USCIS, NSC, located in Lincoln, NE supports the USCIS mission by providing accurate and useful information to our customer, granting immigration and citizenship benefits, promoting an awareness and understanding of citizenship, and ensuring the integrity of our immigration system.

To support this mission, the NSC has a need for regularly scheduled shipments of palletized boxes of files to be delivered to the NRC and HBG.

2. PROJECT BACKGROUND:

The NSC requires scheduled pick-ups of pre-wrapped pallets of non-classified Receipt files and A-files from the Service Center for transport to the NRC in Lee’s Summit, Missouri, and the HBG in Harrisonburg, Virginia where they will be stored.

Pick-up and transport to the NRC occurs two (2) times per month. Pick-up and transport to the HBG occurs two (2) times per month.

The NSC may have the requirement for additional shipments to the HBG in addition to the pick-up and transport frequency identified above, any additional shipments will be optional and funded as needed.

In the six (6) month Base Period, there’s a potential for twelve (12) total shipments to the NRC and nineteen (19) total shipments to the HBG. Furthermore, in the Optional Period #1, there’s a potential for twelve (12) total shipments to the NRC and seventeen (17) total shipments to the HBG for a potential grand total of sixty (60) shipments.

3. PERIOD OF PERFORMANCE (PoP):

This requirement consists of a base period of performance and one (1) optional period of performance, each being six

(6) months in length, for a total period of performance of twelve (12) months. Please see below for more information.

Base PoP: 6 Months 05/01/2021 – 10/31/2021 Optional Period #1 PoP: 6 Months 11/01/2021 – 04/30/2022 Total Estimated PoP:12 Months 05/01/2021 – 04/30/2022

4. PLACE(S) OF PERFORMANCE:

PRIMARY Pick-Up (Shipment) Location:

Nebraska Service Center Denney Federal Building, Loading Dock 100 Centennial Mall North Lincoln, NE 68508

ALTERNATE Pick-Up (Shipment) Locations:

a. 1301 W. Highland Blvd Lincoln, NE 68521

b. 850 S Street

Lincoln, NE 68508

*Pick-Up Accepted at all NSC locations No Later Than (NLT) 10:00 AM Central Time (CT) for all NRC Shipments.

**Pick-Up Accepted at all NSC locations NLT 12:00 PM CT for all HBG Shipments.

Delivery Location(s):

1. National Records Center (NRC) 150 Space Center Loop Lee’s Summit, MO 64064

Delivery POC: Shelly Ashworth

Phone: (816) 423 - 8509

Deliveries accepted at The NRC from 8:00 AM – 4:00 PM CT with the last delivery accepted NLT 2:00 PM CT.

Inside Delivery Required.

2. Remote File Maintenance Facility (HBG)

1344 Pleasants Drive Harrisonburg, VA 22801

Delivery POC: Jerome Pugh

Phone: (540) 438 - 5166

Deliveries accepted at The HGB from 8:00 AM – 5:00 PM Eastern Time (ET) with the last delivery accepted NLT 4:00 PM ET. Inside Delivery Required.

5. TECHNICAL POINT OF CONTACT (TPOC):

Thi A. Luong 850 S Street Lincoln, NE 68508 Phone: (402) 219-6079 Email: Thi.A.Luong@uscis.dhs.gov

6. SERVICE REQUIREMENTS:

The contractor shall arrive no later than the times specified in Sections 6.1 and 6.2 of the Statement of Work at the NSC on the scheduled date in accordance with PART II – ATTACHMENT C – SHIPPING SCHEDULE, to transport the pallets. The contractor must notify the TPOC of any change or delay in arrival at least four (4) hours in advance or as soon as possible in the event of a delay (i.e. vehicle breaks down, unable to show up for pick up). Any deviations from the schedule or arrival time shall be coordinated with the TPOC.

Pallets will be filled and shrink-wrapped by the NSC staff prior to the arrival of the shipping contractor.

The pallets will be staged at the dock area for pick-up. The shipment shall be picked up at the Primary Pick-up Location. In the event the shipment is to be picked up at one of the Alternate Pick-up Locations, the NSC will provide the contractor with up to three (3) business days advanced noticed of pickup location.

mailto:Thi.A.Luong@uscis.dhs.gov

USCIS File Operations Supervisor will be present to ensure the content of the files in the filled/shrink-wrapped pallets are loaded by the shipping contractor and all pallets are accounted for. The contractor is required to have a metal or plastic seal with an ID or serial number at the time of pickup.

Upon arrival, the contractor shall single load the pallets into the enclosed shipping container (trailer) at the dock of the Primary and Alternate Pick-up Locations. The driver shall only load the pallets as packaged and shall not manipulate the load in any way; this includes restacking the pallets, doubling the load or stacking the pallets on top of one another in the trailer. The driver shall not attempt to load more pallets than will fit into the trailer. Extra pallets shall be transported at another time. The driver shall transport the pallets exactly as they were loaded onto the vehicle at the NSC and unload the same at the delivery location's dock.

USCIS safety regulations prohibit Government personnel from entering the trailer or loading the pallets onto and off of the truck.

The loading dock at the Primary Pick-up Location has an incline of 5.7%. The shipping contractor will unload the pallets at the delivery location’s dock. All locations involved (origin and destinations) have dock facilities for loading and unloading and normal dock height. All locations can provide the truck driver with a pallet jack to load and unload the shipment. NSC will provide the contractor with an electric pallet jack at time of pickup. The HBG provides a manual pallet jack. The NRC provides a walk-behind electric jack.

The driver shall load and unload the pallets without Government employee assistance. The contractor is to use the electric pallet jack or other equipment at their own risk and liability. Any injury or liability shall fall with the contractor and not with USCIS.

The contractor shall provide a dedicated truck with an enclosed container (trailer), which shall transport

NSC pallets only, regardless of quantity, to destination. The shipment of pallets, including as few as one (1), shall be considered a Full Truck Load (FTL). The driver shall not mix loads to transport contents from other businesses, individuals, or Government agencies with the NSC pallets. The driver shall not create compartments inside the container with intent to transport items from other entities.

The number of pallets may vary, including as few as one (1) pallet with up to twenty-four (24) pallets shipped to the NRC and HBG. Contents of the pallets includes cardboard file storage containing unclassified but sensitive A-File and/or receipt files. Pallets will be loaded with up to forty-five (45) boxes per pallet. Each box weight approximately 32 pounds (lbs.). A full pallet will measure approximately 48” x 40” and weighs approximately 1,440 lbs.

The driver shall provide NSC personnel a Bill of Lading (BOL) at pick-up of the pallets for transport.

Once the pallets are loaded onto the truck, the driver shall seal the container doors with a contractor-furnished seal. The seal shall be either metal or plastic and must have an identification number which will be recorded on the BOL at the time that the container is secured. The same type of seal shall be used for all destinations. The seal serial number used for the shipment shall be written on the BOL and provide a copy of the signed BOL to NSC personnel at the pick-up location prior to departure. The cargo, once loaded and sealed into the container (trailer), shall not be accessed or rearranged unless in the presence of a Government employee.

Neither the driver nor any other person shall tamper with, break, or replace the seal until arrival at destination. Should it become necessary to tamper with, break, or remove the seal due to unexpected circumstances, such as law enforcement requirement or weigh station inspections, etc., the contractor shall notify the TPOC immediately to report the reason for such actions. In addition, the contractor shall replace the seal with a new one and provide the TPOC with the replacement seal ID number. If the TPOC is not available, the contractor shall leave a voicemail message and send an e-mail explaining the situation. In any such case, the contractor shall provide copies of all written documentation (if it exists) regarding the incident to the TPOC.

The contractor shall be able to provide real-time updates on the status of the carrying truck.

After each delivery, the contractor will e-mail the TPOC a delivery confirmation statement to include the

BOL number or ID and the date the pallets were delivered to the destination. In lieu of a written statement, the contractor may email a revised BOL with the delivery information.

In the event the truck is need of repairs or unable to operate for any reason (i.e. being repaired) at the time of shipment, the contractor shall secure another vehicle to ensure timely delivery in accordance with PART

II – ATTACHMENT C – SHIPPING SCHEDULE.

The contractor is required to report any lost, damaged, misplaced or destroyed file pallets to the TPOC as soon as the incident occurs. The contractor shall be financially responsible for the lost, damaged, misplaced or destroyed pallets if it’s determined to be caused by the contractor.

For all pick-ups or drop offs that fall on a federal holiday specified or not specified in PART II –

ATTACHMENT C – SHIPPING SCHEDULE, the contractor shall pick-up the shipment(s) on the following business day.

6.1. NRC SHIPMENT PICK-UP/DELIVERY REQUIREMENT:

The contractor shall, without deviation, arrive no later than 10:00 AM CT at the NSC on the scheduled date, as listed in PART II – ATTACHMENT C – SHIPPING SCHEDULE, to transport the pallets to the NRC.

The contractor shall, without deviation, deliver the pallets to NRC on the same day as pick up. The truck shall arrive at the NRC between the accepted delivery hours at the NRC, which are from 8:00 AM – 4:00 PM CT before the last delivery accepted NLT 2:00 PM CT. Inside delivery is required. The contractor shall notify the TPOC via email/phone of the date and time the pallets were delivered to the destination. In the event of a known delay in delivery, the contractor shall immediately notify the TPOC to allow coordination with the

NRC.

6.2. HBG SHIPMENT PICK-UP/DELIVERY REQUIREMENT:

The contractor shall, without deviation, arrive no later than 12:00 PM CT at the NSC on the scheduled date, as listed in PART II – ATTACHMENT C – SHIPPING SCHEDULE, to transport the pallets to the HBG.

The contractor shall, without deviation, deliver the pallets to HBG within three (3) business days of pick up.

The truck shall arrive at the HBG between the accepted delivery hours at the HBG, which are from 8:00 AM

– 5:00 PM ET, with the last delivery accepted NLT 4:00 PM ET. Inside delivery is required. The contractor shall notify the TPOC via email/phone of the date and time the pallets were delivered to the destination. In the event of a known delay in delivery, the contractor shall immediately notify the TPOC to allow coordination with the HBG.

6.3. BILL OF LADING (BOL):

The shipping contractor shall provide a BOL to be given to the TPOC within two (2) business days prior to the scheduled pick-up date. The BOL shall be delivered to the TPOC via e-mail. The driver shall provide the NSC personnel the BOL at the time of pick-up.

The BOL shall include:

a. BOL number

b. Scheduled shipment date

c. Contractor carrier name & address

d. Contract number

e. Ship From & To addresses

f. Number of pallets.

g. Shipper: full name, signature & date

h. Carrier: driver full name, signature & date

i. Receiver: full name, signature & date

After each delivery, the contractor shall email the TPOC a copy of the BOL signed by the receiving site.

The contractor’s BOL shall become property of the Government to be kept with the contract.

6.4. DELAY, CANCELLATION & ADDITIONAL SHIPMENT:

In the event of a delivery delay of one (1) day or more, even though it may fall within the allotted delivery time frame, the contractor shall immediately notify the TPOC via email or by phone.

Should cancellation of a scheduled delivery occur, the NSC shall inform the contractor within five (5) business days in advance of shipment pick-up or as soon as possible.

In the event the contractor fails to deliver shipments within the required timeframe, the following monetary deductions shall apply:

1st delay pick-up/drop-off: Waived, no charge.

2nd delay pickup/drop-off: Waived, no charge.

3rd delay pickup/drop-off: Waived, no charge.

4th delay pickup/drop-off: Reimburse 5% of shipment cost.

5th delay pickup/drop-off: Reimburse 7% of shipment cost.

Any delayed pickup/delivery after the fifth (5th) penalty shall be in an additional increment of 2% reimbursement per shipment.

OPTIONAL CONTRACT LINE ITEMS (CLINs)/SHIPMENTS

Optional CLIN Shipment Schedule, if exercised in accordance with FAR 52.217-7 Option for Increased Quantity-Separately Priced Line Item, shall be provided by the Government to the contractor within ten

(10) calendar days of first requested pick-up date and subsequently, made a part of the order at that time.

7. CONTRACTOR ACCOUNTABILITY PROCESS:

NSC places manifests in each box and transfers them electronically to NRC and HBG. NRC and HBG personnel will inspect the pallets upon delivery. If files are missing or have been tampered with during transport, an investigation will be opened with Contractor. If the investigation finds that the Contractor violated or did not follow both the procedures stated in this Statement of Work and/or the contract terms, the Contractor will reimburse the Government for any costs associated with the compromised files.

8. SHIPMENT SCHEDULE: SEE PART II-ATTACHMENT C-SHIPPING SCHEDULE

Shipment dates may be changed by agreement of the TPOC and Contractor. Changes shall be noted on the shipment schedule and a copy provided to TPOC, Contractor and to the USCIS Office of Contracting. For all pick-ups or drop offs that fall on a federal holiday specified or not specified in the schedule, the contractor shall pick-up the shipment(s) on the following business day. Please see PART II – ATTACHMENT C – SHIPPING SCHEDULE for complete details.

ATTACHMENT C – SHIPPING SCHEDULE

Please see PART II – ATTACHMENT C – SHIPPING SCHEDULE for complete details.

ATTACHMENTS D, E, F – SCA WAGE DETERMINATIONS

ATTACHMENT D – SCA WAGE DETERMINATION – NSC

Wage Determination Number 2015-5351 Rev 14, dated 12/21/2020, State: Nebraska, Area: Lancaster County is incorporated into this solicitation and resulting award.

ATTACHMENT E – SCA WAGE DETERMINATION – NRC

Wage Determination Number 2015-5105 Rev 12, dated 12/21/2020, State: Missouri, Area: Jackson County is incorporated into this solicitation and resulting award.

ATTACHMENT F – SCA WAGE DETERMINATION – HBG

Wage Determination Number 2015-4309 Rev 12, dated 12/21/2020, State: Virginia, Area: Harrisonburg is incorporated into this solicitation and resulting award.

Wage determinations may be accessed at https://wdolhome.sam.gov/. Request for a wage determination for another location shall be submitted in accordance with FAR Clause 52.222-49 – Service Contract Act—Place of Performance Unknown.

https://wdolhome.sam.gov/

PART III – CONTRACT CLAUSES

FAR 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/

(End of clause)

FAR CLAUSES INCORPORATED BY RERERNCE (IBR):

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

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

(End of IBR)

FAR Clauses in Full Text:

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

DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES (JUL 2018)

(DEVIATION 20-05) (APR 2020)

(a) Definitions. As used in this clause—

“Covered article” means any hardware, software, or service that–

(1) Is developed or provided by a covered entity;

(2) Includes any hardware, software, or service developed or provided in whole or in part by a covered entity; or

(3) Contains components using any hardware or software developed in whole or in part by a covered entity.

“Covered entity” means–

(1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab;

(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or

(4) Any entity of which Kaspersky Lab has a majority ownership.

(b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-

91) prohibits Government use of any covered article. The Contractor is prohibited from—

(1) Providing any covered article that the Government will use on or after October 1, 2018; and

(2) Using any covered article on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the contract.

(c) Reporting requirement.

(1) In the event the Contractor identifies a covered article provided to the Government during contract performance, or the Contractor is notified of such by a subcontractor at any tier or any other source, the Contractor shall report, in writing via email, to the Contracting Officer, Contracting Officer’s Representative, and the Enterprise Security Operations Center https://www.acquisition.gov/

(SOC) at NDAA_Incidents@hq.dhs.gov, with required information contained in the body of the email. In the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Enterprise SOC, Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) and Contracting Officer’s Representative(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

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

(i) Within 1 business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; brand; model number (Original Equipment Manufacturer (OEM) number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the report pursuant to paragraph (c)(1) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of a covered article, any reasons that led to the use or submission of the covered article, and any additional efforts that will be incorporated to prevent future use or submission of covered articles.

(d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts, including subcontracts for the acquisition of commercial items.

(End of clause)

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (DEVIATION 20-05) (DEC 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–

(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 in writing via email to the Contracting Officer, Contracting Officer’s Representative, and the Network Operations Security Center (NOSC) at NDAA_Incidents@hq.dhs.gov, with required information in the body of the email.

In the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the NOSC, Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) and Contracting Officer’s Representative(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

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

(i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

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

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

(End of clause)

FAR 52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS (NOV 2015)

(a) Definitions. As used in this clause-

Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Subsidiary means an entity in which more than 50 percent of the entity is owned-

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

(b) If the contractor reorganizes as an inverted domestic corporation or becomes a subsidiary of an inverted domestic corporation at any time during the period of performance of this contract, the Government may be prohibited from paying for Contractor activities performed after the date when it becomes an inverted domestic corporation or subsidiary. The Government may seek any available remedies in the event the Contractor fails to perform in accordance with the terms and conditions of the contract as a result of Government action under this clause.

(c) Exceptions to this prohibition are located at 9.108-2.

(d) In the event the Contractor becomes either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation during contract performance, the Contractor shall give written notice to the Contracting Officer within five business days from the date of the inversion event.

(End of clause)

FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS-COMMERCIAL ITEMS (JAN 2021)

(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:

http://uscode.house.gov/ http://uscode.house.gov/ https://www.acquisition.gov/far/part-9#FAR_9_108_2

(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. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 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).

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

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

[Contracting Officer check as appropriate.]

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

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C. 3509)).

__ (3) 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.)

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

__ (5) [Reserved].

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

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

X (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Jun 2020) (31 U.S.C. 6101 note).

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

__ (10) [Reserved].

__ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Mar 2020) (15 U.S.C. 657a).

__ (ii) Alternate I (Mar 2020) of 52.219-3.

X (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (Mar 2020) of 52.219-4.

__ (13) [Reserved] https://www.acquisition.gov/far/part-52#FAR_52_203_19 https://www.acquisition.gov/far/part-52#FAR_52_204_23 https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.acquisition.gov/far/part-52#FAR_52_209_10 https://www.acquisition.gov/far/part-52#FAR_52_233_3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_233_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_203_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_203_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_203_15 https://www.acquisition.gov/far/part-52#FAR_52_204_10 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_204_14 https://www.acquisition.gov/far/part-52#FAR_52_204_15 https://www.acquisition.gov/far/part-52#FAR_52_209_6 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_209_9 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2313&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_219_3 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637a&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_219_3 https://www.acquisition.gov/far/part-52#FAR_52_219_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_4

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

__ (ii) Alternate I (Mar 2020) of 52.219-6.

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

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

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

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jun 2020) (15 U.S.C. 637(d)(4)).

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

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

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

__ (v) Alternate IV (Jun 2020) of 52.219-9

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

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

__ (19) 52.219-14, Limitations on Subcontracting (Mar 2020) (15 U.S.C. 637(a)(14)).

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

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Mar 2020) (15 U.S.C. 657f).

X (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Nov 2020) (15 U.S.C. 632(a)(2)).

__ (ii) Alternate I (MAR 2020) of 52.219-28.

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Mar 2020) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Mar2020) (15 U.S.C. 637(m)).

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

__ (26) 52.219-33, Nonmanufacturer Rule (Mar 2020) (15U.S.C. 637(a)(17)).

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

__ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan2020) (E.O.13126).

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

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

__ (ii) Alternate I (Feb 1999) of 52.222-26.

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

__ (ii) Alternate I (Jul 2014) of 52.222-35.

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

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

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

https://www.acquisition.gov/far/part-52#FAR_52_219_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_6 https://www.acquisition.gov/far/part-52#FAR_52_219_7 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_7 https://www.acquisition.gov/far/part-52#FAR_52_219_8 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_9 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_9 https://www.acquisition.gov/far/part-52#FAR_52_219_9 https://www.acquisition.gov/far/part-52#FAR_52_219_9 https://www.acquisition.gov/far/part-52#FAR_52_219_9 https://www.acquisition.gov/far/part-52#FAR_52_219_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_13 https://www.acquisition.gov/far/part-52#FAR_52_219_14 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_16 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_27 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_28 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_28 https://www.acquisition.gov/far/part-52#FAR_52_219_29 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_30 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_32 https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec644.htm https://www.acquisition.gov/far/part-52#FAR_52_219_33 https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec637.htm https://www.acquisition.gov/far/part-52#FAR_52_222_3 https://www.acquisition.gov/far/part-52#FAR_52_222_19 https://www.acquisition.gov/far/part-52#FAR_52_222_21 https://www.acquisition.gov/far/part-52#FAR_52_222_26 https://www.acquisition.gov/far/part-52#FAR_52_222_26 https://www.acquisition.gov/far/part-52#FAR_52_222_35 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_222_35 https://www.acquisition.gov/far/part-52#FAR_52_222_36 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section793&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_222_36 https://www.acquisition.gov/far/part-52#FAR_52_222_37 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim

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

X (35) (i) 52.222-50, Combating Trafficking in Persons (Oct 2020) (22 U.S.C. chapter 78 and E.O. 13627).

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

X (36) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

__ (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Oct 2015) of 52.223-13.

__ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun2014) of 52.223-14.

__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).

__ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-16.

X (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

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

__ (46) 52.223-21, Foams (Jun2016) (E.O. 13693).

__ (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

__ (ii) Alternate I (Jan 2017) of 52.224-3.

__ (48) 52.225-1, Buy American-Supplies (Jan2021) (41 U.S.C. chapter 83).

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Jan 2021) (41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103- 182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I (Jan 2021) of 52.225-3.

__ (iii) Alternate II (Jan 2021) of 52.225-3.

__ (iv) Alternate III (Jan 2021) of 52.225-3.

__ (50) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

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