Amendment 01 BAA SP4701-23-B-0002 Final.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE

2. AMENDMENT/MODIFICAITON NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicble)

7. ADMINISTERED BY (If other than Item 6) CODE

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.243

FACILITY CODE

9A. AMENDMENT OF SOLICIATION NO.

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended, is not extended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

(a)By completing items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment your desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPIRATION DATA (If required)

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER

NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc. ) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15C. DATE SIGNED

15A. NAME AND TITLE OF SIGNER (Type or print)

16C. DATE SIGNED

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

14. DESCRIPTION OF AMENDMENT/MODIFICATION ( Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

PAGE OF PAGES

6. ISSUED BY CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code) (X)

CODE

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

NSN 7540-01-152-8070

Previous edition unusable

1 16

01 Aug 18, 2023

SP4701

DLA Contracting Services Office Philadelphia Site 700 Robbins Ave.

Philadelphia, PA 19111 (Mark.Sullivan@dla.mil)

SP4701-23-B-0002

Aug 4, 2023

See pages 2 through 16 for details.

Amendment 01 – BAA SP4701-23-B-0002

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This amendment contains revisions (adds/changes/deletions) to the BAA requirements as well as answers to offeror questions.

Broad Agency Announcement (BAA) SP4701-23-B-0002 is amended as follows:

1) Page 3, under “Dates,” “Est” is hereby changed to “EDT.”

2) Page 3, the last sentence under the paragraph titled “Concise Description of the Funding Opportunity,” is hereby deleted.

3) Page 3 “Potential Award Instruments” is changed to “Potential Contract Types.”

4) Page 4, under the 2nd paragraph, “est.” is hereby changed to “EDT.”

5) Page 5, under section C.2, paragraph two, the acronym “DIU” is identified as “Defense

Innovation Unit (DUI).”

6) Page 5, under section C.2, paragraph two, sentence two, “Applicants” is hereby deleted and replaced with “Offerors.”

7) Page 6, Section C.3, “Scope of Work,” “The successful contractor(s) will:” is hereby deleted.

8) Page 6, Section C.3, 1st bullet, “Scope of Work,” “like DARPA” is hereby deleted.

9) Page 6, Section C.3, “Scope of Work,” third bullet:

DELETE:

Develop a prototype or pilot program through rigorous R&D that transforms existing DoD or other USG funded technology to the specific needs of these new demographics or health infrastructure.

REPLACE WITH:

Develop a prototype development plan and prototype through rigorous R&D that transforms existing DoD or other USG funded technology to the specific needs of these new demographics or health infrastructure.

10) Page 6, Section C.5, “Program Deliverables,” first sentence:

Specific deliverables will be determined at contract award. Example deliverables include:

Specific deliverables will be determined at contract award (the Government’s intent is to receive unlimited data rights for all deliverables). Example deliverables include:

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11) Page 6, Section C.5, “Program Deliverables,” third bullet:

• Prototype development or pilot program plan

• Prototype development plan and prototype

12) Page 6, Section C.5 “Program Deliverables” is changed to C.4.

13) Page 6, Section C.6, “Areas of Interest (See Attachment B)” is changed to read as C.5.

14) Page 7, the superscript “2” on “awardee” is hereby deleted.

15) Page 7, under section D.2, under paragraph 2, “ARPA-H” is hereby replaced with “the Government.”

16) Page 7, under section D.2, paragraph 3, sentence two, “Selection of contract type will be based upon consideration of the nature of the work proposed, the required degree of interaction between parties, and other factors” is hereby deleted.

17) Page 7, under section D.2, paragraph 3, “award instruments” is changed to “contract type.”

18) Page 7, under section D.3, all references to ARPA-H are changed to “The Government.”

19) On page 7, under section D.3, sentence two:

ARPA-H will consider proposals based on cost (cost-plus-fixed-fee, cost (no fee), cost-plus-award-fee, cost-plus-fixed-fee completion, or cost-sharing), or fixed-price, including FFP or FFP Level of Effort (LOE) (FAR Subpart 16.2) contracts, but reserves the right to award other contract types when ARPA-H in its sole discretion deems such award to be in the best interests of the Government.

The Government will consider proposals based on cost (cost-plus-fixed-fee, cost (no fee), cost-plus-award-fee, cost-plus-fixed-fee completion, or cost-sharing), or fixed-price, including FFP or FFP Level of Effort (LOE) (FAR Subpart 16.2) contracts, but reserves the right to award other contract types when determined to be in the best interests of the Government.

20) Page 8, section D.4, under “Other Applicants,” all references to ARPA-H are changed to

“The Government.”

21) Page 8, section D.4, under “Other Applicants,” sentence one:

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The Government will prioritize awards in accordance with Public Law No. 117-328 (Section 499A(n) of the PHSA).

The Government will prioritize awards in accordance with Public Law No. 117-328 (Consolidated Appropriations Act, 2023) (Section 499A(n) of the Public Health Service Act (PHSA)).

22) Page 8, section D.5, the title is change to “Debriefings” in lieu of “Debriefs” and under

D.5 the word “debrief” is change to “debriefing.”

23) Page 11, section E.1, first paragraph, the first use of CUI is identified as “Controlled Unclassified Information.”

24) Page 11, section E.1, second paragraph, sentence one is changed to read as “Proposals shall identify all data rights and proprietary claims to results, prototypes, or systems supporting or necessary for the use of the research, results, or prototypes.”

25) Page 11, section E.1, second paragraph, sentence two is changed to read as “If there are no restrictive rights or proprietary claims, then the proposal must include a statement to that effect.”

26) Page 12, section E.2, paragraph two, ARPA-H is hereby removed from the second sentence.

27) Page 13, section E.3, last sentence, “ARPA-H” is hereby changed to “the Government’s”.

28) Page 14, section E.3.6, first sentence:

Please include a ROM estimate of timeline and federal funds requested, as well as the total project cost.

REPLACE WITH

Please include a ROM estimate of timeline and federal funds requested (if cost-sharing), as well as the total project cost.

29) Page 14, section E.4, paragraph one, “ARPA-H” is hereby deleted from the ninth sentence.

30) Page 15, section E.4, second to last sentence, “ARPA-H” is hereby changed to “the Government”.

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31) Page 15, section E.4.1, the third section is changed to read as “Section III” in lieu of “Section II.”

32) Page 16, under Section II (C), the second sentence is changed to read as “Include in this section all data rights and proprietary claims to the results, prototypes, intellectual property, or systems supporting and/or necessary for the use of the research, results, and/or prototype.”

33) Page 17, under Section III, the letter “D. Technical Factors” to include D.1, D.2 and D.3 is hereby deleted. Subsequently, Management Plan is now labeled as D., Metrics as E., Statement of Work (SOW) NOT INCLUDED IN PAGE COUNT as F., Schedule and Milestones as G., and Technology Transfer Plan as H.

34) Page 19, section E.4.2, first paragraph, all references to “ARPA-H” are replaced with

“The Government.”

35) Page 19, section E.4.2, second paragraph, the fifth sentence is changed to read as “Offerors may be required to submit a certification of current cost or pricing data in accordance with FAR 15.406-2 (Certificate of Current Cost or Pricing Data).”

36) Page 20, under the heading “Cost Proposal Format”, “DLA” is replaced with “the

Government” in the first sentence.

37) Page 21, Section E.4.2, under “b. Accounting System,”

Offerors shall provide a description of the accounting system proposed for this research and a copy of accounting system approval from Defense Contract Audit Agency (DCAA) or the Department of Health and Human Services (HHS).

REPLACE WITH:

Offeror’s who propose a cost reimbursable type contract, must provide a description of the accounting system proposed for this research and if available, a copy of accounting system approval from the Defense Contract Audit Agency (DCAA) or the Department of Health and Human Services (HHS). If an offeror does not have a DCAA or HHS approval, the offeror can self-certify to the adequacy of its accounting system for handling a prospective cost type contract by completing ATTACHMENT D - SF1408 (only complete page 2 of form SF1408) and ATTACHMENT E – DCAA Preaward Survey (see amendment #48).

38) Page 38, Section E.4.2, under “c. Approved Rates,”

Offerors shall provide a statement regarding current negotiated DCAA or HHS rates, factors, forward pricing agreements, and/or other related cost factors and considerations being used in the cost proposal.

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Offeror’s who submit a proposal, must submit audited or forward pricing rate agreements from DCAA or HHS if available. If an offeror does not have this information, an offeror must submit its budgetary data for the entire period of contract performance that shows the calculations for its indirect rate structure.

39) Page 22, the last paragraph under the heading “Part 2 – Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Dat,” “(10 U.S.C 2302(9))” is changed to read “(10 U.S.C. 3014)).”

40) Page 22, under the heading “Cost Realism Analysis”, “DLA” is replaced with “the

Government” in the first sentence.

41) Page 24, Section F.1, first paragraph, third sentence is changed to read as “In addition, Abstracts that do not meet the required program objectives, submission requirements, or do not contain one or more of the required items listed above may be determined unacceptable and will not be evaluated further.”

42) Pages 25-26, Section F.2, all references to “ARPA-H” are replaced with “The

43) Page 25, Section F.2, paragraph two, sentence two is changed to read as “Conforming abstracts/proposals comply with all requirements detailed in this BAA;

abstracts/proposals that fail to do so may be deemed unacceptable and may be removed from consideration.”

44) Page 28, section G.1:

ARPA-H may select technical proposals that are most promising for further consideration and may request additional information from the Respondent. In accordance with FAR 35.016(e), ARPA-H will select proposals for award based on technical evaluation, importance to agency programs, and funds availability. Cost realism and reasonableness will be considered to the extent appropriate. ARPA-H anticipates making, but is not obligated to make, multiple awards under this BAA. ARPA-H reserves the right to select for award all, some, or none of the proposals. Proposals for non-innovative concepts, marginal improvements, normal qualification requirements, or commercial items or services are inappropriate under this BAA and will receive no award consideration.

ARPA-H plans to award, but is not obligated to award contracts to one or more responsible Respondents whose technical proposals conform to the BAA, reflect a clear understanding of the specified BAA Area of Interest, are in the best interest of ARPA-H, and offer a benefit to ARPA-H, and whose cost/price proposals conform to the BAA, offer fair and reasonable pricing and realistic estimated cost that satisfy the cost realism analysis, and are consistent with the Respondent’s technical proposal.

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The Government may select technical proposals that are most promising for further consideration and may request additional information from the Respondent. In accordance with FAR 35.016(e), the Government will select proposals for award based on 1) Overall Scientific and Technical Merit, 2) Past Performance, Contractor’s Capabilities and/or Related Experience, 3) Potential Contribution and Relevance to the Government Mission and funds availability. Cost realism and reasonableness will be considered to the extent appropriate.

45) Pages 28-29, sections G.2 and G.3, all references to “ARPA-H” are replaced with “The

46) Pages 29-30, sections H.1 and H.3, all references to “ARPA-H” are replaced with “The

47) Page 30, Section H.2 (2), sentence is changed to read as “Specific terms and conditions will be negotiated for each contract.”

48) Attachment D “ATTACHMENT D – SF1408” and attachment C “ATTACHMENT E – DCAA Preaward Survey” are hereby uploaded to SAM.gov under BAA SP4701-23-B-

49) The following is hereby added to the BAA:

Submission of offeror(s) questions will close on August 22, 2023 @ 12:00PM EDT.

After this time and date no additional questions will be permitted. This is to allow sufficient time to answer offeror(s) questions and post an amendment on SAM.gov prior to the closing date for Abstracts and Proposals.

50) The following provisions and clause are hereby incorporated into the BAA in full text (Note: Provision 52.204-24 and 52.204-26 require offerors to complete the boxes in the provision if they have not already done so in their FAR/DFARS Reps & Certs section in SAM.gov):

FAR 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 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial 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

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(a) Definitions. As used in this provision—

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

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

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

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

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

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

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

(d) Representation. The Offeror represents that—

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

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

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

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

(i) For covered equipment—

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

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

and item description, as applicable); and

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

(ii) For covered services—

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

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

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(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)

FAR 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021)

(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–

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(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).

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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.

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(d) Reporting requirement. (1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the 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 products or commercial services.

(End of clause)

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

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

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

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

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

51) OFFEROR QUESTIONS AND ANSWERS:

Question #1: Will a copy of the MS Excel ARPA-H Standard Cost Proposal Spreadsheet be added as one of the attachments to the SHARE BAA? If not, should we use our own MS Excel Cost Spreadsheet?

Government Response: There is not a standard cost proposal spreadsheet being provided by the Government. Offeror’s can use their own excel spreadsheet, however, offerors must follow the instructions and provide the required information requested in the BAA for submission of proposals.

Question #2: The BAA for ARPA-H SHARE lists September 7 as both the abstract and proposal due date. If only an abstract is submitted by that time, and if ARPA-H recommendation is made to submit a full proposal, would there be more time allotted for the full proposal to be submitted?

Government Response: If an Abstract is submitted prior to the closing date and time, the Government will review the Abstract and decide if it has interest in the topic. If interested, the Government will request the offeror submit a full proposal allowing additional time, which will be specified when the full proposal is requested.

Question #3: Can you please clarify ARPA-H’s goals in allowing abstract submission through this BAA? Unlike Section V.A.1 of the ARPA-H Open BAA (75N99223S0001), which defines a mechanism for review and response to abstracts, Section D.5 of the SHARE / DIGIHEALS BAA explicitly states “No debrief after review of abstracts will be provided as no award can result from an abstract.” If no feedback will be provided on abstracts submitted to the SHARE/DIGIHEALS BAA, is ARPA-H’s goal by allowing abstracts to provide a mechanism for information gathering only, in which case abstract submitters should have no expectation of actionable feedback to maximize the quality and relevance of proposals submitted to a potential future opening of this BAA?

Government Response: Please refer to section E.3 of BAA SP4701-23-B-0002 for more information on Abstracts. Abstracts are optional and can reduce the potential expense of an offeror submitting a full proposal if the Abstract is deemed out-of-scope. Section D.5 is referring to official debriefs that are done on proposals, since an Abstract is not a proposal, an official debrief is not required.

Question #4: The BAA states that optional abstracts or proposals are due September 07, 2023 @ 12 pm EST. Is there a preferred due date for optional abstracts in order to receive

15 | P a g e a timely recommendation from ARPA-H to submit or not submit a full proposal by September 7th?

Government Response: Please see question #2.

Question #5: BAA Page 21 states Offerors "shall" submit (a) a copy of accounting system approval from Defense Contract Audit Agency (DCAA) or the Department of Health and Human Services (HHS), and (b) a copy of the latest audit or forward pricing agreement from DCAA or HHS. Many small businesses who are otherwise well qualified for the work being solicited do not have DCAA/HHS approved accounting systems or DCAA/HHS audits or FPRAs. Is it the Government's intent to exclude from consideration (above the $7.5M threshold) businesses who cannot submit these items, or is it possible to provide other incurred cost information that would still satisfy the government’s interest in ensuring actual costs?

Government Response: Please see amendment #37 above.

Question #6: I am writing you in regards to ARPA-H DIGIHEALS BAA. If we submit an Abstract and a full proposal is suggested will the due date of 7 Sept still hold or will we possibly be given more time to submit full prop depending on when we hear back from ARPA? I wasn't sure, depending on the date, if ARPA would allow more time for a full prop to be submitted.

Government Response: Please see question #2.

Question #7: We’re trying to figure out how the SHARE BAA text, which indicates a broad set of technologies, discusses FDA approvals, and specifically calls out pediatric and geriatric populations, is in alignment with the areas of interest listed in Appendix B, which are related to a program called DIGIHEALS (which is also the email listed in the SHARE BAA), and are in the realm of cybersecurity and data analytics.

Can you clarify whether the SHARE BAA is only looking for inputs that related to the 3 areas listed in Appendix B, or whether applications related to other areas are could apply and potentially be funded?

Government Response: Please see section C.6 and ATTACHMENT B, which states the Government may add additional areas of interest in the future. At this time, only the areas of interest listed in ATTACHMENT B are being evaluated.

Question #8: I’m reaching out about the ARPA-H SHARE BAA – is a single organization allowed to submit multiple abstracts, especially if they are targeting different areas of interest?

Government Response: Yes.

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Question #9: Can you clarify whether the SHARE BAA is only looking for inputs that related to the 3 areas listed in Appendix B, or whether applications related to other areas could apply and potentially be funded?

Government Response: Only the areas of interest listed in Attachment B are being reviewed/considered as this time. Its possible in the future that addition areas of interest may be added.