Solicitation - 75FCMC26R0001.pdf

SECTION

15A. NAME AND

ADDRESS

OF OFFEROR

SOLICITATION, OFFER, AND AWARD 1. This Contract is a Rated Order under the Defense Priorities and Allocations System (DPAS) - Code of Federal Regulations - at 15 CFR 700.

RATING PAGE OF PAGES

2. CONTRACT NUMBER 3. SOLICITATION NUMBER 4. TYPE OF SOLICITATION 5. DATE ISSUED 6. REQUISITION/PURCHASE NUMBER

CODE7. ISSUED BY 8. ADDRESS OFFER TO (If other than item 7)

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

9. Sealed offers in original and copies for furnishings the supplies or services in the Schedule will be received at the place specified in item 8, or if hand carried, in the depository located in until local time

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision Number 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR

INFORMATION

CALL:

A. NAME B. TELEPHONE (NO COLLECT CALLS)

AREA CODE NUMBER EXTENSION

C. EMAIL ADDRESS

11. TABLE OF CONTENTS

(X) DESCRIPTION PAGE(S) (X) SECTION PAGE(S)DESCRIPTION

A

B

C

D

E

F

G

H

I

J

K

L

M EVALUATION FACTORS FOR AWARD

INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

PART IV - REPRESENTATIONS AND INSTRUCTIONS

LIST OF ATTACHMENTS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

CONTRACT CLAUSESSOLICITATION/CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/COSTS

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

PACKAGING AND MARKING

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

CONTRACT ADMINISTRATION DATA

SPECIAL CONTRACT REQUIREMENTS

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

OFFER (Must be fully completed by offeror)

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause Number 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):

10 CALENDAR DAYS (%) 20 CALENDAR DAYS (%) 30 CALENDAR DAYS (%) CALENDAR DAYS (%)

DATEAMENDMENT NUMBERAMENDMENT NUMBER DATE

CODE FACILITY 16. NAME AND THE TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

15B. TELEPHONE NUMBER

AREA CODE NUMBER EXTENSION

15C. CHECK IF REMITTANCE ADDRESS IS

DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

17. SIGNATURE 18. OFFER DATE

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL OPEN COMPETITION UNDER THE

UNITED STATES CODE AT:

10 U.S.C. 3204(a) ( )41 U.S.C. 3304(a)

24. ADMINISTERED BY (If other than Item 7)

26. NAME OF CONTRACTING OFFICER (Type or print)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

25. PAYMENT WILL BE MADE BY

27. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

28. AWARD DATE

CODE

ITEM

STANDARD FORM 33 (REV. 12/2022)

Prescribed by GSA - FAR (48 CFR) 53.214 (c)

SEALED BID (IFB) INVITATION FOR BID

NEGOTIATED (RFP) REQUEST FOR

PROPOSAL

(Hour) (Date)

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

75FCMC26R0001

Solicitation/Contract Form

JH Recompete FY2026

(End Of Section)

Supplies or Services and Prices/Cost

Additional Information/Notes

JH Draft RFP Backpages 14 - 21

(End of Section)

Description/Specifications/Statement of Work

Requirements

Refer to Attachment J.01 Statement of Work

Additional Information/Notes

JH Draft RFP Backpages 22

(End of Section)

Packaging and Marking

JH Draft RFP Backpages 23

(End of Section)

Inspection and Acceptance

Additional Information/Notes

JH Draft RFP Backpages 24

(End of Section)

Deliveries or Performance

Additional Information/Notes

JH Draft RFP Backpages 25 - 28

(End of Section)

Contract Administration Data

Additional Information/Notes

JH Draft RFP Backpages 29 - 46

(End of Section)

Special Contract Requirements

JH Draft RFP Backpages 47 - 107

(End of Section)

Contract Clauses

FAR Clauses Incorporated by Reference

Number Title Effective Date

52.202-1 Definitions. Jun 2020

52.203-17 Contractor Employee Whistleblower Rights. Nov 2023

52.203-5 Covenant Against Contingent Fees. May 2014

52.203-6 Alternate I Nov 2021

52.203-6 Restrictions on Subcontractor Sales to the Government. Jun 2020

52.203-7 Anti-Kickback Procedures. Jun 2020

52.204-19 Incorporation by Reference of Representations and Certifications. Dec 2014

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities.

Dec 2023

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

Nov 2021

52.215-23 Alternate I Oct 2009

52.215-23 Limitations on Pass-Through Charges. Jun 2020

52.222-50 Alternate I Mar 2015

52.222-50 Combating Trafficking in Persons. Nov 2021

52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving. MAY 2024

52.232-39 Unenforceability of Unauthorized Obligations. Jun 2013

52.232-40 Providing Accelerated Payments to Small Business Subcontractors. Mar 2023

52.233-4 Applicable Law for Breach of Contract Claim. Oct 2004

52.240-1 Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities.

Nov 2024

52.242-1 Notice of Intent to Disallow Costs. Apr 1984

52.244-6 Subcontracts for Commercial Products and Commercial Services. Jan 2025

FAR Clauses Incorporated by Full Text

52.216-25 Alternate I Apr 1984

(a) A definitive contract is contemplated. The Contractor agrees to begin promptly negotiating with the Contracting Officer the terms of a TBD definitive contract that will include (1) all clauses required by the Federal Acquisition Regulation (FAR) on the date of execution of the letter contract, (2) all clauses required by law on the date of execution of the definitive contract, and (3) any other mutually agreeable clauses, terms, and conditions. The Contractor agrees to submit a proposal, including data other than certified cost or pricing data, and certified cost or pricing TBD data, in accordance with FAR , , supporting its proposal.15.408 Table 15-1

(b) The schedule for definitizing this contract is TBD.

(c) If agreement on a definitive contract to supersede this letter contract is not reached by the target date in paragraph (b) of this section, or within any extension of it granted by the Contracting Officer, the Contracting Officer may, with the approval of the head of the contracting activity, determine a reasonable price or fee in accordance with and of the FAR, subject to Contractor appeal as provided in the subpart 15.4 part 31 Disputes clause. In any event, the Contractor shall proceed with completion of the contract, subject only to the Limitation of Government Liability clause.

(1) After the Contracting Officer’s determination of price or fee, the contract shall be governed by-

(i) All clauses required by the FAR on the date of execution of this letter contract for either fixed-price or cost-reimbursement contracts, as determined by the Contracting Officer under this paragraph (c);

(ii) All clauses required by law as of the date of the Contracting Officer’s determination; and

(iii) Any other clauses, terms, and conditions mutually agreed upon.

(2) To the extent consistent with paragraph (c)(1) of this section, all clauses, terms, and conditions included in this letter contract shall continue in effect, except those that by their nature apply only to a letter contract.

(End of clause)

Alternate I (APR 1984). In letter contracts awarded on the basis of price competition, add the following paragraph (d) to the basic clause:

(d) The definitive contract resulting from this letter contract will include a negotiated in no event to exceed .TBD TBD

52.216-25 Contract Definitization. Oct 2010

15.408.html#FAR_15_408 15.408.html#FAR_15_408__i1106753 Subpart_15.4.html#FAR_Subpart_15_4 Part_31.html#FAR_Part_31

(a) A definitive contract is contemplated. The Contractor agrees to begin promptly negotiating with the Contracting Officer the terms of a TBD definitive contract that will include (1) all clauses required by the Federal Acquisition Regulation (FAR) on the date of execution of the letter contract, (2) all clauses required by law on the date of execution of the definitive contract, and (3) any other mutually agreeable clauses, terms, and conditions. The Contractor agrees to submit a proposal, including data other than certified cost or pricing data, and certified cost or pricing TBD data, in accordance with FAR , , supporting its proposal.15.408 Table 15-1

(b) The schedule for definitizing this contract is TBD

(c) If agreement on a definitive contract to supersede this letter contract is not reached by the target date in paragraph (b) of this section, or within any extension of it granted by the Contracting Officer, the Contracting Officer may, with the approval of the head of the contracting activity, determine a reasonable price or fee in accordance with and of the FAR, subject to Contractor appeal as provided in the subpart 15.4 part 31 Disputes clause. In any event, the Contractor shall proceed with completion of the contract, subject only to the Limitation of Government Liability clause.

(1) After the Contracting Officer’s determination of price or fee, the contract shall be governed by-

(i) All clauses required by the FAR on the date of execution of this letter contract for either fixed-price or cost-reimbursement contracts, as determined by the Contracting Officer under this paragraph (c);

(ii) All clauses required by law as of the date of the Contracting Officer’s determination; and

(iii) Any other clauses, terms, and conditions mutually agreed upon.

(2) To the extent consistent with paragraph (c)(1) of this section, all clauses, terms, and conditions included in this letter contract shall continue in effect, except those that by their nature apply only to a letter contract.

(End of clause)

Alternate I (APR 1984). In letter contracts awarded on the basis of price competition, add the following paragraph (d) to the basic clause:

(d) The definitive contract resulting from this letter contract will include a negotiated in no event to exceed .TBD TBD

Additional Information/Notes

JH Draft RFP Backpages 108 - 122

(End of Section)

List of Attachments

(End of Section)

Representations, Certification, and other Statements of Offerors

JH Draft RFP Backpages 125 - 142

FAR Clauses Incorporated by Reference

Number Title Effective Date

52.225-25 Prohibition on Contracting With Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications.

Jun 2020

FAR Clauses Incorporated by Full Text

15.408.html#FAR_15_408 15.408.html#FAR_15_408__i1106753 Subpart_15.4.html#FAR_Subpart_15_4 Part_31.html#FAR_Part_31

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. Nov 2021

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

(a) As used in this provision—Definitions.

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

(b) .Prohibition

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

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

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

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

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

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

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

(d) The Offeror represents that—Representation.

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

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

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

(e) Disclosures.

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

(i) For covered equipment—

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

52.204-26.html#FAR_52_204_26 52.212-3.html#FAR_52_212_3 52.204-26.html#FAR_52_204_26 52.212-3.html#FAR_52_212_3 52.204-25.html#FAR_52_204_25 https://www.sam.gov

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

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

(ii) For covered services—

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

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

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

(i) For covered equipment—

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

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

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

(ii) For covered services—

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

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

(End of provision)

52.204-26 Covered Telecommunications Equipment or Services-Representation. Oct 2020

(a) As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry" have the meaning Definitions.

provided in the clause , Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.52.204-25

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

(c)

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

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

(End of provision)

52.204-29 Federal Acquisition Supply Chain Security Act Orders—Representation and Disclosures. Dec

(a) As used in this provision, Definitions. Covered article, FASCSA order, Intelligence community, National security system, Reasonable inquiry, and have the meaning provided in the clause Sensitive compartmented information, Sensitive compartmented information system, Source 52.204-30

, Federal Acquisition Supply Chain Security Act Orders—Prohibition.

52.204-25.html#FAR_52_204_25 https://www.sam.gov 52.204-30.html#FAR_52_204_30

(b) Contractors are prohibited from providing or using as part of the performance of the contract any covered article, or any products Prohibition.

or services produced or provided by a source, if the prohibition is set out in an applicable Federal Acquisition Supply Chain Security Act (FASCSA) order, as described in paragraph (b)(1) of FAR , Federal Acquisition Supply Chain Security Act Orders—Prohibition.52.204-30

(c) .Procedures

(1) The Offeror shall search for the phrase “FASCSA order” in the System for Award Management (SAM)( for any )https://www.sam.gov covered article, or any products or services produced or provided by a source, if there is an applicable FASCSA order described in paragraph (b)(1) of FAR , Federal Acquisition Supply Chain Security Act Orders—Prohibition.52.204-30

(2) The Offeror shall review the solicitation for any FASCSA orders that are not in SAM, but are effective and do apply to the solicitation and resultant contract (see FAR (c)(2)).4.2303

(3) FASCSA orders issued after the date of solicitation do not apply unless added by an amendment to the solicitation.

(d) By submission of this offer, the offeror represents that it has conducted a reasonable inquiry, and that the offeror does not Representation.

propose to provide or use in response to this solicitation any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA order in effect on the date the solicitation was issued, except as waived by the solicitation, or as disclosed in paragraph (e).

(e) The purpose for this disclosure is so the Government may decide whether to issue a waiver. For any covered article, or any Disclosures.

products or services produced or provided by a source, if the covered article or the source is subject to an applicable FASCSA order, and the Offeror is unable to represent compliance, then the Offeror shall provide the following information as part of the offer:

(1) Name of the product or service provided to the Government;

(2) Name of the covered article or source subject to a FASCSA order;

(3) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied the covered article or the product or service to the Offeror;

(4) Brand;

(5) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);

(6) Item description;

(7) Reason why the applicable covered article or the product or service is being provided or used;

(f) The contracting officer will review disclosures provided in paragraph (e) to determine if any waiver Executive agency review of disclosures.

may be sought. A contracting officer may choose not to pursue a waiver for covered articles or sources otherwise subject to a FASCSA order and may instead make an award to an offeror that does not require a waiver.

(End of provision)

(End of Section)

Instrs., Conds., and Notices to Offerors

JH Draft RFP Backpages 143 - 182

FAR Clauses Incorporated by Reference

Number Title Effective Date

52.215-22 Limitations on Pass-Through Charges-Identification of Subcontract Effort.

Oct 2009

52.204-30.html#FAR_52_204_30 https://www.sam.gov 52.204-30.html#FAR_52_204_30 4.2303.html#FAR_4_2303

(End of Section)

Evaluation Factors for Award

JH Draft RFP Backpages 183 - 189

(End of Section)

CMS - OAGM

7500 SECURITY BOULEVARD, MS: B3-30-03

BALTIMORE, MD 21244-1850

USA