Statement of Objectives - 70Z03824QM0000013.pdf

STATEMENT OF OBJECTIVES

Audio/Video Upgrade for HMF Training Rooms

Introduction and Instructions

This Statement of Objectives (SOO) describes the objectives and desired result for the audio/video needs that includes the system design, procurement, and installation in all five (5) training/conference rooms.

located at the Aviation Logistics Center (ALC) Heavy Maintenance Facility (HMF).

Offerors shall use this SOO with applicable portions of solicitation as the basis for preparing their quote.

Offerors shall ensure that all aspects of the SOO are thoroughly addressed in the quotes.

Point of Contact Jeremy A. Wood

(206) 820-4324 jeremy.a.wood@uscg.mil

Contents

1.0 Purpose

2.0 Scope

3.0 Period and Place of Performance

4.0 Background

5.0 Objectives

5.1 Technical Objectives

5.2 Safety Objectives

6.0 Terms and Conditions

7.0 Additional Requirements

1.0 Purpose

This SOO describes the goals that USCG ALC expects regarding the audio/video installation in all five

(5) training/conference rooms in HMF. The primary goal is to have two (2) Crestron systems; one (1)

Model PRO2 and one (1) Model PRO3; removed and replaced with upgraded systems that will satisfy the technical objectives shown in 5.1 through 5.1.8.

2.0 Scope

The USCG ALC objective is to decommission and replace two (2) Crestron systems. One (1) system serves Training Room 1 (TR1) and Training Room 2 (TR2). The second system serves Training Room 3

(TR3), Training Room 4 (TR4), and Training Room 5 (TR5). Both Crestron systems are required to be removed and replaced while remaining compliant with Coast Guard (CG) Cyber. Furthermore, the system will not be connected to internet, so maintenance, systems patching, and firmware upgrades will have to accomplished on site by the vendor. The following requirements must be met for proposals to be considered:

• Conduct a site survey of the USCG ALC HMF Training Rooms and ask any relevant questions.

• Develop a proposed solution to include detailed drawings depicting the work to be accomplished.

• Develop a list of equipment/parts required to accomplish the work.

• Prepare and submit an implementation plan and timeline to accomplish the work.

• Establish a service/maintenance agreement for parts, labor, and software.

3.0 Period of Performance

Upon award of purchase order document, work is accepted to commence as soon as possible. All work to be accomplished at ALC located at 1060 Consolidated Road, Bldg. HMF1, Elizabeth City, NC 27909.

4.0 Background

Currently, there are two (2) Crestron systems being utilized and are installed in closets outside of the training rooms. One system serves TR1 and TR2. The second system serves TR3, TR4, and TR5. Both systems require upgrade to support training and conference needs with enhanced capabilities.

5.0 Objectives

5.1 Technical Objectives

5.1.1 HMF Training Room / Conference Room 1

• Video Requirements:

o System will provide the ability to input from two separate workstations via High-Definition

Multimedia Interface (HMDI), DisplayPort, Digital Visual Interface (DVI), and Video

Graphics Array (VGA).

o Primary workstation will be a permanent CG workstation available for users to utilize. This workstation must have the ability to stream to the televisions (TVs), and use the microphone, speakers, and camera.

o An additional input is required to allow guest users to connect their own computer. When connected, they should have the same audio, visual, microphone capabilities as if users were using the CG workstation.

o System is required to stream to two (2) separate TVs via HMDI, DisplayPort, DVI, and

VGA. TVs will be synced together to display the same image. However, the system shall also provide the ability for the user to display different images on the TVs if needed.

o TR1 requires a 360-degree video camera, that captures a visual of the whole room and focuses on the individual that is speaking.

o The wall tablet that is currently installed is required to be removed and replaced with in updated wall tablet. Tablet will need to be synchronized with the new system and serve as a user interface allowing the user to have full control of the audio, visual, microphone, and merging capabilities.

o Current Projector in TR1 is required to be removed and properly disposed of by the contractor. Replacement not required.

• Audio Requirements:

o Microphones in the ceiling are required to capture audio throughout TR1 and from the conference room desk phone.

o Speakers must project audio coming from the workstations and the conference room desk phones located in TR1.

o Speakers must project audio coming from all virtual attendee and in person attendees called into the meeting.

5.1.2 HMF Training Room / Conference Room 2

• Note: TR2 will be top priority, as a weekly command meeting is held. Once a start date for the installation has been determined, the command will need to be notified as the weekly meeting may need to be moved if there is any overlap.

• Video Requirements:

o System will provide the ability to input from two separate workstations via HMDI, DisplayPort, DVI, and VGA.

o Primary workstation will be a permanent CG workstation available for users to utilize. This workstation must have the ability to stream to the televisions (TVs), and use the microphone, speakers, and camera.

o An additional input is required to allow guest users to connect their own computer. When connected, they should have the same audio, visual, microphone capabilities as if users were using the CG workstation.

o System is required to stream to two (2) separate TVs via HMDI, DisplayPort, DVI, and

VGA. TVs will be synced together to display the same image. However, the system shall also provide the ability for the user to display different images on the TVs if needed.

o TR2 requires a 360-degree video camera, that captures a visual of the whole room and focuses on the individual that is speaking.

o The wall tablet that is currently installed is required to be removed and replaced with in updated wall tablet. Tablet will need to be synchronized with the new system and serve as a user interface allowing the user to have full control of the audio, visual, microphone, and merging capabilities.

o Current Projector in TR2 is required to be removed and properly disposed of by the contractor. Replacement not required.

• Audio Requirements:

o Microphones in the ceiling are required to capture audio throughout TR2 and from the conference room desk phone.

o Speakers must project audio coming from the workstations and the conference room desk phones located in TR2.

5.1.3 Merging Capabilities for TR1 and TR2

• To convert the training rooms into a larger space, users must be able merge training rooms together by utilizing the wall tablet. When training rooms are merged, the functionality each room has individually must also be merged.

• TVs in TR1 and TR2 must have the ability to sync together, allowing for the same image to display on all 4 TVs. TVs are also required to have the capability to display different images.

• Speakers in TR1 and TR2 must be able to sync together to output the same audio.

• Microphones in TR1 and TR2 must be able to sync together to capture any user that is speaking.

• 360-degree cameras in TR1 and TR2 must be able sync together to capture a visual of the conjoined room and focus on the individual that is speaking.

• Speakers must project audio coming from all virtual attendee and in person attendees called into the meeting.

5.1.4 HMF Training Room / Conference Room 3

o System will provide the ability to input from two separate workstations via HMDI, DisplayPort, DVI, and VGA.

o Primary workstation will be a permanent CG workstation available for users to utilize. This workstation must have the ability to stream to the televisions (TVs), and use the microphone, speakers, and camera.

o An additional input is required to allow guest users to connect their own computer. When connected, they should have the same audio, visual, microphone capabilities as if users were using the CG workstation.

o System is required to stream to two (2) separate TVs via HMDI, DisplayPort, DVI, and

VGA. TVs will be synced together to display the same image. However, the system shall also provide the ability for the user to display different images on the TVs if needed.

o TR3 requires a 360-degree video camera, that captures a visual of the whole room and focuses on the individual that is speaking.

o The wall tablet that is currently installed is required to be removed and replaced with in updated wall tablet. Tablet will need to be synchronized with the new system and serve as a user interface allowing the user to have full control of the audio, visual, microphone, and merging capabilities.

o Current Projector in TR3 is required to be removed and properly disposed of by the contractor. Replacement not required.

• Audio Requirements:

o Microphones in the ceiling are required to capture audio throughout TR3 and from the conference room desk phone.

o Speakers must project audio coming from the workstations and the conference room desk phones located in TR3.

5.1.5 HMF Training Room / Conference Room 4

o System will provide the ability to input from two separate workstations via HMDI, DisplayPort, DVI, and VGA.

o Primary workstation will be a permanent CG workstation available for users to utilize. This workstation must have the ability to stream to the televisions (TVs), and use the microphone, speakers, and camera.

o An additional input is required to allow guest users to connect their own computer. When connected, they should have the same audio, visual, microphone capabilities as if users were using the CG workstation.

o System is required to stream to two (2) separate TVs via HMDI, DisplayPort, DVI, and

VGA. TVs will be synced together to display the same image. However, the system shall also provide the ability for the user to display different images on the TVs if needed.

o TR4 requires a 360-degree video camera, that captures a visual of the whole room and focuses on the individual that is speaking.

o The wall tablet that is currently installed is required to be removed and replaced with in updated wall tablet. Tablet will need to be synchronized with the new system and serve as a user interface allowing the user to have full control of the audio, visual, microphone, and merging capabilities.

o Current Projector in TR4 is required to be removed and properly disposed of by the contractor. Replacement not required.

• Audio Requirements:

o Microphones in the ceiling are required to capture audio throughout TR4 and from the conference room desk phone.

o Speakers must project audio coming from the workstations and the conference room desk phones located in TR4.

5.1.6 HMF Training Room / Conference Room 5

o System will provide the ability to input from two separate workstations via HMDI, DisplayPort, DVI, and VGA.

o Primary workstation will be a permanent CG workstation available for users to utilize. This workstation must have the ability to stream to the televisions (TVs), and use the microphone, speakers, and camera.

o An additional input is required to allow guest users to connect their own computer. When connected, they should have the same audio, visual, microphone capabilities as if users were using the CG workstation.

o System is required to stream to two (2) separate TVs via HMDI, DisplayPort, DVI, and

VGA. TVs will be synced together to display the same image. However, the system shall also provide the ability for the user to display different images on the TVs if needed.

o TR5 requires a 360-degree video camera, that captures a visual of the whole room and focuses on the individual that is speaking.

o The wall tablet that is currently installed is required to be removed and replaced with in updated wall tablet. Tablet will need to be synchronized with the new system and serve as a user interface allowing the user to have full control of the audio, visual, microphone, and merging capabilities.

o Current Projector in TR5 is required to be removed and properly disposed of by the contractor. Replacement not required.

• Audio Requirements:

o Microphones in the ceiling are required to capture audio throughout TR5 and from the conference room desk phone.

o Speakers must project audio coming from the workstations and the conference room desk phones located in TR5.

o Speakers must project audio coming from all virtual attendee and in person attendees called into the meeting.

5.1.7 Merging Capabilities for TR3, TR4, and TR5

• To convert the training rooms into a larger space, users must be able merge training rooms together by utilizing the wall tablet. TR3, TR4, and TR5 must have capability of being merged in multiple ways. When training rooms are merged, the functionality each room has individually should also be merged regardless of how the training rooms were merged.

o The following is an example of how TR3, TR4, and TR5 can be merged: TR3 merges with TR4, and TR5, or TR3 merges with TR5, or TR4 merges with TR5.

• TVs should have the ability to sync together, allowing for the same image to display on all

TVs. TVs must also have the capability to display different images.

• Speakers can sync together to output the same audio.

• Microphones can sync together to capture any user speaking.

• 360 cameras can sync together to capture a visual of the conjoined rooms and focus on the individual that is speaking.

• Speakers will project audio coming from all virtual attendee and in person attendees called

5.1.8 Requirements for all Training Rooms

• Ensure circuit documentation showing all equipment connections is provided to the USCG.

• Ensure all hardware equipment removed is disposed of properly.

• Ensure USCG ALC receives a serialized list of all equipment installed.

• Ensure USCG ALC has access to all installed software.

5.2 Safety Objectives

• The Contractor is solely responsible for compliance will all federal, state, and local laws, including but not limited to the OSHA (Public Law 91-596) and resulting standards, OSHA

Standard 29 CFR 1910 and any ALC Instructions as applicable, and the protection of their employees. Note: ALC Instructions are annotated because many of the USCG/ALC standards exceed the OSHA standard criteria. If a conflicted is noted, the most stringent requirement takes precedence. The Government shall assume no liability or responsibility for the Contractor’s compliance or non-compliance with such requirements. In addition, the

Contractor is required to flow down the safety requirements/specifications to all subcontractors/subcontractors.

• The Contractor agrees that onsite personnel with abide by ALC’s most current COVID-19 protocol in force when onsite work commences. These protocols may change during performance.

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TERMS AND CONDITIONS

Audio/Video Installation HMF Training Rooms

6.0 Terms and Conditions

Invoicing Instructions

1. WHEN TO SUBMIT: The Contractor shall first:

(a) Receive a fully-executed purchase order, contract, delivery order or task order

(b) Provide the requirements, and

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

2. HOW TO SUBMIT: The Contractor’s invoice and the completed DD-250 (when required) shall be prepared IAW FAR 52.212-4 and sent to the below billing office. The Contractor shall also email copies to the Contract Specialist and the POC.

BILLING OFFICE: The Contractor is HIGHLY encouraged to email the invoice to

ALC-Fiscal@uscg.mil. The other option is to mail it to:

Chief, Fiscal Branch

USCG ALC

Fiscal Branch, Bldg. 63

1664 Weeksville Road

Elizabeth City, NC 27909

Purchase Order Number:

The final invoice submitted under the awarded contract shall be clearly marked and labeled FINAL.

3. PAYMENT INFORMATION: All payments will be made electronically IAW FAR 52.232-33.

(remainder of this page intentionally left blank) mailto:ALC-Fiscal@uscg.mil

Full Text FAR Clauses

52.204-21 Basic Safeguarding of Covered NOV 2021

Contractor Information Systems

(a) Definitions. As used in this clause—

Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information. Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments. Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National

Security Systems Instruction (CNSSI) 4009). Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502). Safeguarding means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information

(CUI) as established by Executive Order 13556.

(c) Subcontracts.

The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial products or commercial services, other than commercially available off-the-shelf items), in which the subcontractor may have

Federal contract information residing in or transiting through its information system.

(End of clause)

52.203-17 Contractor Employee Whistleblower Rights (April 2024) (DHS-USCG DEVIATION 14-

01, Revision 1)

(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies established at 10 U.S.C. 4701 and Homeland Security Acquisition Regulation (HSAR) 3.900

(DEVIATION) through 3.905 (DEVIATION).

(b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 10 U.S.C. 4701, as described in HSAR 3.900

(DEVIATION) through 3.905 (DEVIATION).

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts.

52.204-23 Prohibition on Contracting For Hardware, Software, and Services Developed or

Provided by Kaspersky Lab or Other Covered Entities (Deviation 20-05)

(a) Definitions. As used in this clause¬

"Covered article" means any hardware, software, or service that¬

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

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

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

"Covered entity" means¬

(1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab;

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

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

(b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year

2018 (Pub. L. 115-91) prohibits Government use of any covered article. The Contractor is prohibited from¬

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

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

(c) Reporting requirement.

(1) In the event the Contractor identifies 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.

(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.

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

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance

Services or Equipment (Deviation 20-05, Rev 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

Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or

Equipment

(ii) For reasons relating to regional stability or surreptitious listening.

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal

Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title

9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control

Reform Act of 2018 (50 U.S.C. 4817).

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

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

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

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

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year

2019 (Pub. L. 115–232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or

Equipment.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year

2019 (Pub. L. 115–232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a federal contract.

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

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

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

(d) Reporting requirement. (1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph

(d)(2) of this clause in writing via email to the Contracting Officer, Contracting Officer’s

Representative, and the Network Operations Security Center (NOSC) at NDAA_Incidents@hq.dhs.gov, with required information in the body of the email. In the case of the Department of Defense, the

Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the

Contractor shall report to the NOSC, Contracting Officer for the indefinite delivery contract and the

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

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

(i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier

Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description;

and prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or

Equipment any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the

Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

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

52.252-6 Authorized Deviations in Clauses Nov 2020

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any Homeland Security Acquisition Regulation) 48 CFR

Chapter 30) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of Clause)

52.212-5 Contract Terms and Conditions Feb 2024

Required to Implement Statutes or Executive Orders—

Commercial Products and Commercial Services

(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 and Other Covered Entities (Nov 2021) (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 following Federal Acquisition Regulation (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:

[Contracting Officer check as Appropriate]

☐ (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).

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

☐ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of

2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American

Recovery and Reinvestment Act of 2009.)

☐ (4) 52.303-17, Contractor Employee Whistleblower Rights (Nov 2023) (41 U.S.C 4712)

☒ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020)

(Pub. L. 109-282) (31 U.S.C. 6101 note).

☐ (6) [Reserved].

☐ (7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of

Div. C).

☐ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016)

(Pub. L. 111-117, section 743 of Div. C).

☒ (9) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division

R of Pub. L. 117-328).

☐ (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders – Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (Dec 2023) (Pub.L. 115-390, title II)

☐ (11) 52.204-30, Federal Acquisition Supply Chain Security Act Orders – Prohibition. (Dec 2023)

(Pub.L. 115-390, title II)

☐ (ii) Alternate I (Dec 2023) of 52.204-30.

☒ (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).

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

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

☐ (14) [Reserved].

☐ (15) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022)

(15 U.S.C. 657a).

☐ (16) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns

(OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer)

(15 U.S.C. 657a).

☐ (17) [Reserved]

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

☐ (ii) Alternate I (Mar 2020) of 52.219-6

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

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

☐ (20) 52.219-8, Utilization of Small Business Concerns (Feb 2024) (15 U.S.C. 637(d)(2) and (3)).

☐ (21) (i) 52.219-9, Small Business Subcontracting Plan (Sep 2023) (15 U.S.C. 637(d)(4)).

☐ (ii) Alternate I (Nov 2016) of 52.219-9

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

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

☐ (v) Alternate IV (Sep 2023) of 52.219-9.

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

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

☐ (23) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 637s).

☐ (24) 52.219-16, Liquidated Damages-Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).

☐ (25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned

Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (Feb 2024)

(15 U.S.C. 657f).

☒ (26) (i) 52.219-28, Post Award Small Business Program Representation (Feb 2024)

(15 U.S.C. 632(a)(2)).

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

☐ (27) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged

Women-Owned Small Business Concerns (Oct 2022) (15 U.S.C. 637(m)).

☐ (28) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business

Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022)

(15 U.S.C. 637(m)).

☐ (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020)

(15 U.S.C. 644(r)).

☐ (30) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15 U.S.C. 637(a)(17)).

☒ (31) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

☐ (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Feb 2024) (E.O.13126).

☒ (33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

☒ (34) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

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

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

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

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

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

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

☐ (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)

(E.O. 13496).

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

13627).

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

☐ (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.)

☐ (41) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items

(May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

☐ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons

(Jun 2016) (E.O. 13693).

☐ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air

Conditioners (Jun 2016) (E.O. 13693).

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

☐ (ii) Alternate I (Oct 2015) of 52.223-13

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

13514).

☐ (ii) Alternate I (Jun 2014) of 52.223-14.

☐ (46) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).

☐ (47) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015)

(E.O.s 13423 and 13514).

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

☒ (48) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020)

(E.O. 13513).

☐ (49) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

☐ (50) 52.223-21, Foams (Jun 2016) (E.O. 13693).

☐ (51) (i) 52.224-3 Privacy Training (Jul 2023) (5 U.S.C. 552 a).

☐ (ii) Alternate I (Jul 2023) of 52.224-3.

☐ (52) 52.225-1, Buy American-Supplies (Oct 2022) (41 U.S.C. chapter 83).

☐ (ii) Alternate I (Oct 2022) of 52.225-1.

☐ (53) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Nov 2023)

(41 U.S.C. Chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-

41, 112-42, and 112-43.

☐ (ii) Alternate I (Reserved)

☐ (iii) Alternate II (Dec 2022) of 52.225-3.

☐ (iv) Alternate III (Feb 2024) of 52.225-3.

☐ (v) Alternate IV (Oct 2022) of 52.225.3

☐ (54) 52.225-5, Trade Agreements (Nov 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

☒ (55) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

☐ (56) 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.).

☐ (57) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

☐ (58) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007)

(42 U.S.C. 5150).

☐ (59) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

☐ (60) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services

(Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

☐ (61) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov

2021)

(41 U.S.C. 4505, 10 U.S.C. 3805).

☒ (62) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018)

(31 U.S.C. 3332).

☐ (63) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management

(Jul 2013) (31 U.S.C. 3332).

☐ (64) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

☐ (65) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

☐ (66) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

☐ (67) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021)

(46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631)

☐ (ii) Alternate I (Apr 2003) of 52.247-64.

☐ (iii) Alternate II (Nov 2021) of 52.247-64.

(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: [Contracting Officer check as Appropriate]

*These following clauses will apply unless the offeror certifies that all elements found in FAR 52.212-

3(k)(1) or (2) will be met.

☒ (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

☒ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41

U.S.C. chapter 67).

☐ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment

(Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

☐ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment

(MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

☒ (7) 52.222-55, Minimum Wages Under Executive Order 13658 (JAN 2022).

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

☐ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C.

1792).

*If the offeror certifies that all elements found in FAR 52.212-3(k)(1) or (2) will be met, the following clauses will be included in lieu of the Service Contract Labor Standards clauses above.

☐ (5) 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).

☐ (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).

(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) 52.203-19, 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)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).

(iv) 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).

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

(vi) 52.219-8, Utilization of Small Business Concerns (OCT 2022) ( 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.

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

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

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

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

(…