Solicitation 70Z02325QMER30001.pdf

Solicitation #70Z02325QMER30001

Commandant United States Coast Guard

2703 Martin Luther King Jr Ave SE Washington, DC 20593 Staff Symbol: CG-9124 Phone: (206) 815-1084 Email: Jesse.L.Womack@uscg.mil

The United States Coast Guard (USCG) Great Lakes Oil Spill Center of Expertise (GLCOE) in collaboration with the United States Coast Guard Academy (USCGA) is seeking a Request for Quote (RFQ) for the purpose of obtaining internship training support services for the United States Coast Guard Cadets utilizing a Blanket Purchase Agreement (BPA). The internship shall be made available to cadets for the purpose of research, education, and professional development. The GLCOE is continually assessing research needs that will influence the internship study focuses. The University faculty advisor will collaborate with the GLCOE and USGCA contacts to determine specific internship focuses for each year.

Topics which shall be covered in the internship program, that cadets would need is collaborating with university researchers on in situ oil sensors, collaborating with university researchers on mesocosm oil spill research, and other biological or chemical projects of relevance to GLCOE mandate.

The GLCOE is continually assessing research needs that will influence the internship study focuses.

The university faculty advisor will collaborate with the GLCOE and USGCA contacts to determine specific internship focuses for each year. The internship focus will always tie back to the above mission of the GLCOE. It is essential that the selected offeror currently conducts, or has the ability to conduct research, in a wide range of focus areas related to the GLCOE mission. Though not definitive, some potential internship project focusses are included below.

The primary objective is to advance methods for research within the Coast Guard by involving cadets in cutting edge research at external research universities. This internship provides the cadets the opportunity to explore a variety of career options (within the CG), identify career goals, build a professional network, apply knowledge in professional world, strengthen resume(s), improve time management, communication, productivity, learn new skills, receive mentorship, see how a professional workplace operates, and expand CG viewpoint/creativity.

In replying to this solicitation, place of performance under the contract shall be based upon the best option for the United States Coast Guard (USCG) and the United States Coast Guard Academy (USCGA) within the State of Michigan which is detailed in section 1.8 under the place of performance of this solicitation and the Performance Work Statement (PWS). In addition, lab use fees, faculty advisor expenses, and all supplies costs must be identified in proposals. Due to the limited fiscal year 2025 budget of the GLCOE, overall costs will be a primary factor in contractor selection.

mailto:Jesse.L.Womack@uscg.mil

Additional Scientific Support: In addition to the formal internship program, additional scientific support of a similar nature to this BPA can be negotiated as call orders. The deliverables, funding amounts and timing will be negotiated prior to the call orders being furnished.

Examples, but not limited to: Lab Tech Work, Literature Review, Equipment and Facilities Access/Support, and Data Analysis Support.

USCG reserves the right to select for award and fund all, some, or none of the submissions received in response to this quote request. USCG will not provide funding or reimbursement for proposal development costs. Full submissions or any other material submitted in response to this request will not be returned. All submissions shall be unclassified.

USCG reserves the right to use this announcement and responses received as part of market research efforts and may appropriately use other FAR parts to procure services.

(Reference Performance Work Statement PWS for full scope of requirements)

Eligible Offerors: This request for quote (RFQ) is open to all responsible sources in accordance with FAR 2.101, which states, “Responsible prospective contractor means a contractor that meets the standards in 9.104.”

REQUEST FOR QUOTE (RFQ) No: 70Z02325QMER30001

Issued Under: Full and Open Competition

Solicitation Title: U.S. Coast Guard Academy – Internship Support

Issuing Office: U.S. Coast Guard Headquarters, Washington DC 20593

Agency Contact(s): Jesse L. Womack, Contracting Officer, CG-9124-2 RFQ

Issue Date: 3/27/2025

Quote Due Date: 12:00PM, Eastern Time Zone, April 14, 2025, forward to Jesse L. Womack via Email: Jesse.L.Womack@uscg.mil and SMB-GreatLakesCOE@uscg.mil

1.0. BLANKET PURCHASE AGREEMENT (BPA) INFORMATION

1.1. NAICS Code and Small Business Size Standard: 541715- Research and Development in the Physical, Engineering, and Life Sciences

1.2. Product Service Code (PSC): AB12 - Community and Regional Development R&D Services; Community Development; Applied Research

1.3. Type of Contract: The primary type of contract resulting from this solicitation is Firm Fixed Price, Blanket Purchase Agreement (BPA).

1.4. Type of Services: The services required are: (X) Commercial Non-Commercial mailto:Jesse.L.Womack@uscg.mil mailto:SMB-GreatLakesCOE@uscg.mil

1.5. Extent of Competition: This solicitation will be based on: X Fair Opportunity procedures (FAR 16.505(b)(1)

1.6. Security Clearances:

1.6.1. The clearance level is X Unclassified Classified

1.6.2. The Facility Clearance Level is: _X_ Unclassified Secret Top Secret

1.7. Performance Location(s):

1.7.1. The performance locations for this PWS/SOW are: X CONUS OCONUS Mix of Both

1.0.1. The labor will be performed at: Government Site(s) X Contractor Site(s) Mix of Both

1.8. Place(s) of Performance: The internship activities must occur within the state of Michigan due to the need for uniformed USCG management of the cadets which is only available at the two GLCOE offices in Ann Arbor and Sault Ste. Marie. Contractor researchers and facilities must be able to advance the mission of the GLCOE.

1.9. Period of Performance: The period of performance for this PWS/SOW is: (1) one base year 12-month(s) with (4) four, (12) month option period(s) from time of award.

Anticipated start date shall be May 12, 2025 total (5) five years or negotiated.

Option Year 1: 12 months Option Year 2: 12 months Option Year 3: 12 months Option Year 4: 12 months

2.0 Description of Services

See Attachment 1 – Performance Work Statement (PWS).

3.0 Delivery and Performance Information

See Attachment 1 – Performance Work Statement (PWS).

4.0 Contract Line Items (CLINs) and Contract Type by CLIN

See Attachment 2 – CLIN Price Summary Template.

5.0 Funding: “This work has been funded solely, or in part, by the U.S. Coast Guard Great Lakes Oil Spill Center of Expertise.”

The GLCOE requires the ability to transfer funds between labor and materials labor costs year to year due to the variety of internships that may be required.

GLCOE is open to a Firm Fixed Price Blanket Purchase Agreement (BPA) with a “not to exceed” in each year to give us the maximum flexibility year to year in labor and materials costs. The Blanket Purchase Agreement will be structured with a maximum celling amount of $250,000.00 to include the additional scientific support in a similar nature as described in this document and be negotiated as call orders.

The options period year(s) pricing can be negotiated at least 120 days prior to the option period needing to be exercised, however, it’s encouraged to provide pricing for all years in your initial proposal.

NOTE: USCG and USCGA will not be funding through a grant.

6.0 Order Type

The Blanket Purchase Agreement shall be Firm-Fixed-Price (FFP). Funding will be obligated prior to the beginning of each option year period. Base year funding will be obligated. The Government does not have obligate or have to commit to the option year periods. The contractor will be notified at least 60 days prior if the upcoming option period will not be exercised.

7.0 Eligibility Information:

a. All qualified offerors who meet the requirements of this solicitation may submit a proposal.

b. Foreign participation: Foreign Disclosure Review will be accomplished on each full proposal selected for funding; foreign participation may not be allowed.

c. Notice to Foreign-Owned Firms: Such firms are asked to immediately notify the Contracting Officer before deciding to respond to this announcement. Foreign contractors should be aware that restrictions might apply which could preclude their participation in this acquisition.

d. Offerors cannot submit more than one (1) proposal.

e. You may be ineligible for award if all requirements of this announcement are not met.

8.0 USCG Invoicing Instructions

In addition to 52.212-4(g):

(a) A request for payment is proper if it includes the items required by the clause at FAR 52.232- 25, Prompt Payment [(a)(3)(i) through (a)(3)(ix)] and those items are accurate. If a request for payment does not include all the items required by the clause at FAR 52.232-25, Prompt Payment, or any information is inaccurate, then the request is not proper and shall be returned to the contractor with a statement of the reason(s) it is not proper.

WHEN TO SUBMIT: The contractor must first:

(1) Receive a fully executed call order, contract, delivery order or task order

(2) Provide the requirements (products and/or services), and

(3) Have ACTIVE status in the System for Award Management (SAM) at https://www.sam.gov

(4) Electronic Submission of Payment Requests

Definitions. As used in these instructions - (1) "Payment request" means a bill, voucher, invoice, or request for contract/order financing payment with associated supporting documentation. The payment request must:

comply with the requirements identified in FAR 32.905(b), "Content of Invoices" and the applicable Payment clause included in this contract/order. In addition, discount offerings and small business status if available shall be stated. If travel was allowable and approved, components in accordance with FAR 31.205- 46 shall be provided.

(a) The contractor shall submit payment requests electronically using the Invoice Processing Platform (IPP).

Information regarding IPP, including IPP Customer Support contact information, is available at www.ipp.gov or any successor site.

(b) Supporting documentation and a copy of the invoice shall also be e-mailed to the Contracting Officer Representative and Contracting Officer at the following:

1. Contracting Officer Representative – CDR William Spoon

2. Contracting Officer – Mr. Jesse L. Womack

3. Contract Specialist – Mr. Jesse L. Womack

RESPONSIBLE OFFICIAL(S) WHO CAN RECEIVE NOTIFICATION OF AN IMPROPER INVOICE

AND ANSWER QUESTIONS REGARDING THE INVOICE For use in the event your firm receives a contract as a result of this solicitation, designate below the responsible official(s) who can receive notification of an improper invoice and answer questions regarding the invoice.

Name: CDR William Spoon

Title: Contracting Officer Representative

Address: 2703 Martin Luther King Jr Ave SE

Washington, DC

Telephone No.: (410) 215-8593 http://www.sam.gov/ http://www.ipp.gov/

DISCLAIMER: “The views expressed are those of the authors and do not necessarily reflect the views or policies of the U.S. Coast Guard or the Department of Homeland Security. Any mention of trade names, products, or services does not imply an endorsement or recommendation by the U.S. Government or the U.S. Coast Guard

9.0. Proposal Submission Requirement

a. EXTRANEOUS INFORMATION: Information not explicitly requested in this announcement is not desired by the government and shall not be submitted. The government will only read and evaluate each section up to the stated page limit. Pages exceeding the page limitation will not be evaluated.

b. FORMATTING:

1) Paper Size – 8.5-inch x 11 inch

2) Margins – one-inch on each side

3) Font – Times New Roman 12-point font, to include tables, diagrams, and charts. Any other information (e.g., footnotes, or headers, restrictive markings) shall not be smaller than Times New Roman 8-point font.

4) Quote shall be submitted in either Microsoft Word or Adobe PDF. Additionally, documents should be sent without password protections.

c. RESTRICTIVE MARKING: If the offeror wishes to restrict its proposals, they must be marked with the restrictive language stated in FAR 52.215-1(e).

d. Offers shall contain the following:

• an introduction section.

• a section for pricing.

• a section for technical capability.

• response to Solicitation Provisions (Enclosure 3)

Contractor’s response shall be limited to (11) eleven pages. Page size shall be 8.5” x 11”.

The introduction section shall include information to include, the company name, company address, company website, Point of Contact’s email address and phone number, Unique Entity Identifier (UEI) number, company size, type of small business concern.

1) Part 1. COVER PAGE. Submit in the format of the template provided as Attachment 1. Page limit is one (1) page.

2) Part 2. COST/PRICE. Page limit is one (1) page. Rough order of magnitude (ROM) cost/price section should provide top-level details on major cost items such as labor, special equipment that needs to be purchased, materials, expiration date for the validity of the ROM, and any or other relevant costs for the proposed effort

3) Part 3. TECHNICAL/MANAGEMENT. (Page limit is five (5) pages. Technical/management shall present, briefly and concisely, the important goals, aspects and core issues of the proposal in technical context. The technical area shall include:

i.) The technical aspect from above to be addressed, statement of objectives and proposed approach to meet the objectives.

ii.) Description of the research and effort to be accomplished. Identify specific tasks.

iii.) An assessment of risk and mitigation plan.

iv.) Description of how proposed work advances the state of the science when training the cadets.

v.) Management – describe how the research shall be organized, subcontractors or organizations that will be doing portions of the technical effort and how the efforts are related to each other along with any other management or administrative information that should be provided for evaluation of the effort.

4) Part 4. CAPABILITIES. Page limit is one (1) page. This section shall describe the overall capabilities of the offeror to include current and past work in similar proposed efforts that is applicable to the internship program and a brief description of the facility capabilities that will be used to execute the proposed effort.

5) Part 5. SCHEDULE. Page limit is one (1) page. (The schedule shall identify and describe major milestones for the entire effort not to exceed one (1) year from date of award. Duration for specific tasks identified in the technical/management section should be shown. The schedule should include an additional three (3) months after the end of technical performance to provide for preparation, submission, review by GLCOE, and acceptance of the final report.

a. PROPOSAL REVIEW AND SELECTION INFORMATION:

1) The evaluation team will independently evaluate each proposal submitted for selection or non-selection based on a peer or scientific review process in accordance with FAR 35.016(d) and (e).

2) Proposals will be evaluated through a peer or scientific review process using the following criteria, stated in descending order of importance. The criteria stated below will be used to determine whether full proposals will be invited based on the proposal submitted:

Factor 1: Price

a. Submission Requirements: Offerors shall propose their firm fixed prices using Enclosure 2 – CLIN Price Proposal Template. The total proposed price shall include all labor, tools, materials, and facilities needed to conduct the training services IAW with the Performance Work Statement (PWS).

b. The proposal shall indicate, in this section, if any price related assumptions had to be made, and include this information based on Estimate worksheet within Enclosure 3.

Factor 2: Technical Capability

a. Submission Requirements. Technical Capability will include a Draft Project Plan, Draft Curriculum, Staffing Plan and List of Class Availability for the Base Period. These are not subfactors, but simply part of the technical capability.

• The detailed Draft Project Plan that addresses the offeror’s strategy for fulfilling the training objectives, the terminal performance objectives, and a list to include addresses of all training facilities that may be used to complete the requirement in accordance with Enclosure 1 - Performance Work Statement (PWS).

• Draft a work training curriculum to be used for instructors that exhibits the offeror’s understanding of the blanket purchase agreement contract requirements.

Negotiable exceptions are allowed. It will be assumed that the offeror’s proposal reflects their total understanding and agreement to comply with all of the terms and conditions set forth therein.

• The Staffing Plan shall provide a complete staffing plan that shows how the offeror will fulfill the staff requirements. The staffing plan shall describe how the offeror intends to staff this effort and how the approach will allow the offeror to meet the requirements of this contract. The offeror shall submit no longer than 2-page resumes for each key personnel and each proposed instructor who exhibits the personnel qualifications to meet the contract requirement.

• The List of Training Availability shall provide the start and end dates and times for each time a cadet(s) internship is in progress during the Base Period and all option periods.

1) AWARD NOTICES: Offerors will be notified in writing whether their proposal is recommended for award. An award recommendation is not to be construed to mean the award of a contract is assured as availability of funds and successful negotiations are prerequisites to any award. This announcement is not an authorization to commence work or to incur any costs to perform the tasks described above.

9.0. Evaluation

52.212-2 Evaluation—Commercial Products and Commercial Services. (Nov 2021)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

This evaluation will evaluate the proposals received in response to the Hazardous Material and Incident Response Course Request for Quote using the following factors:

Factor 1 – Technical Capability

The Technical Capability will be evaluated adjectivally based on its methods in providing the required training and execution of elements and objectives of the PWS.

Factor 2 – Price

Price will be as fair and reasonable for all prices and options under the contract.

Technical Capability and Price are equally important evaluation factors. The government reserves the right to award to the best value considering these three factors.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

10.0 Federal Acquisition Regulation (FAR), Homeland Security Acquisition (HSAR) Clauses and Applicable Terms and Conditions

All Applicable and Required provisions/clauses set forth in the GSA contract shall automatically flow down to all task orders, based on their specific contract type (e.g. cost, fixed price, etc.), statement of work, competition requirements, commercial or not commercial, and dollar value as of the date the task order solicitation is issued. Representation and Certification Provisions from the master contracts automatically flow down to all task orders.

FAR Provisions by Reference

FAR Provision No. Title and Date

52.212-1 Instructions to Offerors—Commercial Products and Commercial Services (Sep 2023)

52.204-7 System for Award Management (NOV 2024

FAR Clauses by Reference

FAR Clause No. Title and Date

52.203-12 Limitation on Payments to Influence Certain Federal Transactions (Jun 2020)

52.212-4 Contract Terms and Conditions - Commercial Items (NOV 2023)

52.243-1 Changes-Fixed-Price (AUG 1987)

52.232-18 Availability of Funds (APR 1984)

FAR Clauses Incorporated by Full Text

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights (Jul 2020) (DHS-USCG Deviation 14-01)

(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the pilot program on Contractor employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L.

112-239) and Federal Acquisition Regulation (FAR) 3.908.

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

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold, as defined in FAR 2.101 on the date of subcontract award.

(End of clause)

3052.212-70 -- Contract Terms and Conditions Applicable to DHS Acquisition of Commercial Items (July 2023)

The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The provision or clause in effect based on the applicable regulation cited on the

52-31 date the solicitation is issued applies unless otherwise stated herein. The following provisions and clauses are incorporated by reference:

[The Contracting Officer should either check the provisions and clauses that apply or delete the provisions and clauses that do not apply from the list. The Contracting Officer may add the date of the provision or clause if desired for clarity.] (a) Provisions.

3052.216-70 Evaluation of Offers Subject to An Economic Price Adjustment Clause.

3052.219-72 Evaluation of Prime Contractor Participation in the DHS Mentor Protégé Program.

3052.247-70 F.o.B. Origin Information.

Alternate I

Alternate II

3052.247-71 F.o.B. Origin Only.

_x 3052.247-72 F.o.B. Destination Only. (b) Clauses.

_x 3052.203-70 Instructions for Contractor Disclosure of Violations.

3052.204-71 Contractor Employee Access.

Alternate I

Alternate II 52-32

_x 3052.204-72 Safeguarding of Controlled Unclassified Information.

Alternate I

3052.204-73 Notification and Credit Monitoring Requirements for Personally

Identifiable Information Incidents.

3052.205-70 Advertisement, Publicizing Awards, and Releases.

Alternate I x 3052.209-72 Organizational Conflicts of Interest.

FAR 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Deviation20-05) (Dec 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.

(a) 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.

(b) Reporting requirement.

(1) In the event the Contractor identifies covered article provided to the Government during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report, in writing, via email, to the Contracting Officer, Contracting Officer's Representative, and the Enterprise Security Operations Center (SOC) at NDAA Incidents@hq.dhs.gov, with required information in the body of the email. In the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil.

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

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

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

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

mailto:Incidents@hq.dhs.gov

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

(c) 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)

FAR 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Deviation 20-05, Revision 2) (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 of2018 (50 U.S.C. 4817).

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

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

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

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

(b) Prohibition.

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

The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(2) Section 889(a)(l)(B) of the John S. McCain National Defense Authorization Act for

Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4 .2104.

This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

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

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

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

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause in writing via email to the Contracting Officer, Contracting Officer's Representative, and the Network Operations Security Center (NOSC) at NDAA Incidents@hg.dhs.gov, with required information in the body of the email. In the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the NOSC, Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) and Contracting Officer's Representative(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https ://dibnet.clod.mil.

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

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

(ii) Within 10 business days of submitting the information in paragraph ( d)(2)(i) of this clause:

any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of mailto:Incidents@hg.dhs.gov 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.

3052.212-70 -- Contract Terms and Conditions Applicable to DHS Acquisition of Commercial Items (July 2023) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The provision or clause in effect based on the applicable regulation cited on the 52-31 date the solicitation is issued applies unless otherwise stated herein. The following provisions and clauses are incorporated by reference:

(a) Provisions.

____3052.216-70 Evaluation of Offers Subject to An Economic Price Adjustment Clause.

____3052.219-72 Evaluation of Prime Contractor Participation in the DHS Mentor Protégé Program.

____3052.247-70 F.o.B. Origin Information.

____Alternate I ____Alternate II ____3052.247-71 F.o.B. Origin Only.

_x___3052.247-72 F.o.B. Destination Only. (b) Clauses.

_x___3052.203-70 Instructions for Contractor Disclosure of Violations.

____3052.204-71 Contractor Employee Access.

____Alternate I ____Alternate II 52-32 _x___3052.204-72 Safeguarding of Controlled Unclassified Information.

____Alternate I ____3052.204-73 Notification and Credit Monitoring Requirements for Personally Identifiable Information Incidents.

____3052.205-70 Advertisement, Publicizing Awards, and Releases.

____Alternate I __x__3052.209-72 Organizational Conflicts of Interest.

____3052.209-73 Limitation on Future Contracting __x__3052.215-70 Key Personnel or Facilities.

____3052.216-71 Determination of Award Fee.

____3052.216-72 Performance Evaluation Plan.

____3052.216-73 Distribution of Award Fee.

____3052.217-91 Performance. (USCG) ____3052.217-92 Inspection and Manner of Doing Work. (USCG) ____3052.217-93 Subcontracts. (USCG) ____3052.217-94 Lay Days. (USCG) ____3052.217-95 Liability and Insurance. (USCG) ____3052.217-96 Title. (USCG) ____3052.217-97 Discharge of Liens. (USCG)

____3052.217-98 Delays. (USCG) ____3052.217-99 Department of Labor Safety and Health Regulations for Ship Repair.

(USCG)

____3052.217-100 Guarantee. (USCG) 52-33 ____3052.219-71 DHS Mentor Protégé Program.

____3052.228-70 Insurance.

____3052.228-90 Notification of Miller Act Payment Bond Protection. (USCG) ____3052.228-91 Loss of or Damage to Leased Aircraft. (USCG) ____3052.228-92 Fair Market Value of Aircraft. (USCG) ____3052.228-93 Risk and Indemnities. (USCG) ____3052.236-70 Special Provisions for Work at Operating Airports.

__x__3052.242-72 Contracting Officer’s Representative.

FAR 52.212-5 Contract Terms and Conditions Required To Implement Statutes Or Executive Orders – Commercial Products and Commercial Services (FEB 2024)

(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 products and commercial services:

(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 Covered Entities (DEC 2023) (Section 1634 of Pub. L.

115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR

2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) ( 31 U.S.C. 3553).

(7) 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 products and commercial services:

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 4655).

_X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) ( 41 U.S.C. 3509)).

_X_ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

_X_ (12) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) ( 31 U.S.C. 6101 note).

_X_ (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters

(OCT 2018) ( 41 U.S.C. 2313).

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

_X_ (31) 52.222-3, Convict Labor (JUN 2003) (E.O.11755).

_X_ (34) (i) 52.222-26, Equal Opportunity (SEP 2016) (E.O.11246).

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

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

_X_ (39) (i) 52.222-50, Combating Trafficking in Persons (NOV 2021) ( 22 U.S.C. chapter 78 and E.O. 13627).

_X_ (40) 52.222-54, Employment Eligibility Verification (MAY 2022) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in

FAR 22.1803.)

(48) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

_X_ (51) (i) 52.224-3 Privacy Training (JAN 2017) (5 U.S.C. 552 a).

_X_ (62) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management

(OCT2018) ( 31 U.S.C. 3332).

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, 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 products and commercial services:

(6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) ( 41 U.S.C. chapter 67).

_X_ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).

_X_ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O.

13706).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the

Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV

2021) ( 41 U.S.C. 3509).

(ii) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) ( 41 U.S.C.

4712).

(iii) 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)).

(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services

Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L.

115-91).

(v) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(vi) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).

(vii)

(A) 52.204–30, Federal Acquisition Supply Chain Security Act Orders—

Prohibition. (DEC 2023) ( Pub. L. 115–390, title II).

(B) Alternate I (DEC 2023) of 52.204–30.

(viii) 52.219-8, Utilization of Small Business Concerns (FEB 2024) ( 15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

(x) 52.222-26, Equal Opportunity (SEP 2015) (E.O.11246).

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

(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN

2020) ( 29 U.S.C. 793).

(xiii) 52.222-37, Employment Reports on Veterans (JUN 2020) ( 38 U.S.C. 4212).

(xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xv) 52.222-41, Service Contract Labor Standards (AUG

2018) ( 41 U.S.C. chapter 67).

(xvi) (A) 52.222-50, Combating Trafficking in Persons (NOV 2021) ( 22 U.S.C. chapter 78 and E.O 13627).

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

(xvii) 52.222-51, Exemption from Application of the Service Contract Labor

Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment- Requirements (May 2014) ( 41 U.S.C. chapter 67).

(xviii) 52.222-53, Exemption from Application of the Service Contract Labor

Standards to Contracts for Certain Services-Requirements (MAY 2014) ( 41 U.S.C. chapter 67).

(xix) 52.222-54, Employment Eligibility Verification (MAY 2022) (E.O. 12989).

(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order

14026 (JAN 2022).

(xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O.

13706).

(xxii) (A) 52.224-3, Privacy Training (Jan 2017) ( 5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xxiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

(xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN

2020) ( 42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors

(Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.

(xxvi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial

Vessels (NOV 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

FAR 52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 1 day ; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least _30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed _60 (months)

FAR 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

https://acquisition.gov/

FAR 52.252-2 Clause 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.