USAGM Satellite Transponder Capacity Solicitation No. 951700-21-R-0017.pdf

USAGM Satellite Transponder Capacity Solicitation No. 951700-21-R-0017

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 General Description

The United States Agency for Global Media (USAGM) requires the distribution of a single Standard Definition (SD) video channel with associated program audio at 2.7 Mbps on Thaicom 6 for delivery to viewers in Myanmar and the surrounding diaspora. The Offeror shall be able to receive an MPEG transport stream (TS) over the public Internet via the Zixi delivery platform at the Offeror’s Point of Presence (POP) and shall deliver the TS to the applicable uplink teleport via Zixi (primary). Prior to the delivery of the USAGM TS to the uplink teleport, the Offeror shall have the ability to transcode and transrate the USAGM 5.3 Mbps HD video stream to 2.7 Mbps SD. The Offeror shall also provide the ability to monitor the USAGM signal at multiple points along the transmission path and shall provide a confidence return feed to the USAGM Network Control Center (NCC) via the Zixi delivery platform.

B.2 Contract Type

Firm-Fixed-Price (FFP)

B.3 Services and Prices by Contract Line Items (CLINs)

The following sets forth the pricing in U.S. Dollars for individual line items (CLINs).

Number Supplies or Services Quantity Unit Unit Price Total (Inc. disc, tax, and fees)

1 Services 12 MO

Period of Performance: 06/01/2021 - 05/31/2022

Description: Line Item 1- Thaicom 6- VOA/RFA Burmese SD PAL Video- Thaicom 6 capacity, Zixi transport, Yamal satellite transport, transcoding and down conversion, uplink services, and confidence feed for monitoring. (Video @2.50 Mb/s Audio @.640 MB/s)

Reference Line:

Pricing Options: Base

Period of Performance: 06/01/2022 - 05/31/2023

Description: Line Item 1001- Option Year 1 Thaicom 6 - VOA/RFA Burmese SD PAL Video - Thaicom 6 capacity, Zixi transport, Yamal satellite transport, transcoding and down conversion, uplink services, and confidence feed for monitoring.

(Video @2.50 Mb/s Audio @.640 MB/s)

Reference Line:

Pricing Options: Option

Period of Performance: 06/01/2023 - 05/31/2024

Description: Line Item 2001- Option Year 2 Thaicom 6 - VOA/RFA Burmese SD PAL Video - Thaicom 6 capacity, Zixi transport, Yamal satellite transport, transcoding and down conversion, uplink services, and confidence feed for monitoring.

(Video @2.50 Mb/s Audio @.640 MB/s)

Reference Line:

Pricing Options: Option

SECTION C – DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

VOICE OF AMERICA (VOA) AND RADIO FREE ASIA (RFA) BURMESE TV STANDARD

DEFINITION (SD) TRANSMISSION ON THAICOM 6 @ 78.5 ° EAST

1. INTRODUCTION BACKGROUND.

1.1 The U.S. Agency for Global Media (USAGM), in support of the Voice of America (VOA) and Radio Free Asia (RFA) requires a Standard Definition (SD) video with stereo digital audio pair to be transmitted on Thaicom 6 @ 78.5° east.

1.2 The USAGM/VOA/RFA requires Satellite Capacity and Managed Teleport Services for uplinking the following: Burmese TV SD PAL video with stereo digital audio pair in either the MPEG-1, Layer II or HE-AAC formats. The target downlink coverage area for this service is Myanmar and surrounding countries in Southeast Asia.

2. SCOPE OF WORK

2.1 The Contractor shall provide satellite capacity on Thaicom 6 @78.5° east to accommodate the following:

2.1.1 SD PAL Video with Program Audio For Burmese TV 2.70 Mb/s

2.2 In the event that USAGM has a requirement to add additional satellite capacity on Thaicom 6 and/or has a need to expand the downlink footprint coverage in the region, the contractor shall provide mutually agreed upon regional satellite capacity alternatives.

2.3 In the event that USAGM has a requirement to add additional Zixi platform capacity for the delivery of USAGM program content to support the expansion of satellite downlink footprint coverage in the region, the contractor shall provide mutually agreed upon Zixi platform expansion alternatives.

2.4 The Burmese TV SD PAL video with stereo digital audio pair shall be Free to Air (FTA) on an MPEG Digital Video Broadcasting - Satellite (DVB-S) or DVB-S Second Generation (DVB-S2) Multiple Channel per Carrier (MCPC).

2.5 USAGM requires that the Burmese TV (SD) with stereo digital audio on Thaicom 6 be located in a SE Asia Beam Ku-band transponder with Vertical downlink polarization.

2.6 The Contractor shall provide a detailed satellite downlink Effective Isotropic Radiated Power (EIRP) coverage map with applicable receive antenna sizes throughout the satellite footprint contours.

2.7 Content for uplinking to Thaicom 6 will be provided by USAGM to the Contractor’s Point of Presence (POP) using the public Internet via the Zixi platform. The signal provided by USAGM shall be an HD AVC video at 5.0 Mb/s with associated HE-AAC program audio at 64 kb/s. The Contractor shall then transcode and down convert the video to SD PAL at 2.5 Mb/s with associated HE-AAC program audio at 64 kb/s before transporting the program content to the applicable uplink teleport.

2.8 The Contractor shall deliver the USAGM program transport stream via satellite delivery (Primary path) and via the Zixi platform (Secondary path) to the applicable uplink teleport.

2.9 The Contractor shall provide an end-to-end service delivery diagram clearly showing the outbound and return feed transmission paths.

3. PERIOD OF PERFORMANCE

3.1 The Period of Performance for the Thaicom 6 SD video service, with stereo digital audio pair will be one (1) Base Year with two (2) x twelve (12)-month Option Years to be exercised at the Government’s discretion.

Base Period: June 1, 2021 - May 31, 2022 Option Year 1: June 1, 2022 - May 31, 2023 Option Year 2: June 1, 2023 - May 31, 2024

4. PLACE OF PERFORMANCE

4.1 The place of performance for the Thaicom 6 SD PAL video and digital audio pair service will be at the Contractor’s Teleport(s) to be determined upon contract award.

5. PRICING.

5.1 The Contractor shall provide pricing for one (1) fully formed SD PAL video at 2.5 Mb/s (transcoded from HD AVC at 5.0 Mb/s) with stereo digital audio pair (MPEG-1, Layer II or HE-AAC) at 64 kb/s uplinked from the Contractor’s or Sub-Contractors’ Teleport to Thaicom 6 @ 78.5° east.

6. WORK REQUIREMENTS.

6.1 MONITORING, REPORTING AND SERVICE OUTAGES.

6.1.1 The Contractor shall staff a 24/7/365 Network Operations Center and Technical Support Call Center with competent English-speaking technicians to monitor USAGM’s video and audio content and proactively communicate technical issues to USAGM’s NCC.

6.1.2 The Contractor shall provide coordination, system health monitoring (including content and signal quality monitoring at edge devices), and management of the network, components, and subsystems.

6.1.3 The Contractor shall define response times for USAGM service calls, trouble ticket processing, and reporting. USAGM encourages the Contractor to provide an online portal (or similar system) accessible by USAGM NCC Staff to monitor the status of open trouble tickets.

6.1.4 The Contractor shall contact USAGM’s NCC every 30 minutes during a transmission outage providing updates including: status and remedial actions in place.

6.1.5 The Contractor shall be responsible for returning the satellite services, teleport services and terrestrial circuits back to full operation as quickly as possible. If the outage is prolonged (more than 4 hours), the Contractor, with agreement from the USAGM Contracting Officer (CO), and or the Contracting Officers Representative (COR), shall be required to provide the USAGM with alternative signal/service routing to maintain continuity of operations.

6.1.6 If the Contractor schedules satellite or terrestrial service outages in order to carry out system(s) maintenance, it shall be the Contractor’s responsibility to notify and obtain USAGM’s approval via USAGM NCC and COR in writing via email at least 48 hours prior to the planned maintenance period.

6.1.7 The Contractor shall provide and notify the USAGM NCC and COR of measures to ensure continuation of maximum service during the planned maintenance outage.

6.1.8 The Contractor shall coordinate with USAGM NCC to develop outage reporting and root-cause analysis forms for approval by the USAGM NCC Director after contract award.

6.1.9 The Contractor shall host quarterly meetings (Teleconference/MS Teams/on-site at USAGM) with the USAGM NCC Director, the USAGM COR and Program Manager (PM) to discuss operational concerns, (outages, maintenance etc.). These meetings shall be initiated by the Contractor and shall be scheduled at a mutually agreed upon time with at least 1-week notice

6.2 TECHNICAL RECOMMENDATIONS AND SERVICE UPGRADES.

6.2.1 Where the Contractor is providing Managed Teleport Services, then the Contractor shall be responsible for providing technical recommendations to USAGM for consideration with respect to satellite and terrestrial content transmission and reception to/from USAGM NCC.

6.2.2 Where the Contractor is providing Managed Teleport Services, then the Contractor shall have adequate terrestrial bandwidth to deliver program content to the designated uplink Teleport and to accommodate a downlink return feed to USAGM Network Control Center (NCC) via the public Internet utilizing the Zixi delivery platform.

6.3 CUSTOMER SUPPORT.

6.3.1 The Contractor shall provide expert technical operations and a management team that can advise USAGM on optimal operational practices, recommend deployment network topologies, day-to-day and emergency procedures, performance reporting and metrics, and ensure the overall reliability and responsive operation of the network through both proactive planning and rapid situational response.

6.3.2 The Contractor shall provide the contact information of senior staff who will be associated with this contract. USAGM requests the address, telephone number, fax number and email address for the following Key Contractor Personnel:

Account Manager Account Engineer Project Manager

I.T. Manager Teleport Station Manager (Managed Teleport Services Only)

6.3.3 The Contractor shall be responsible for keeping Key Contractor Personnel information current and submitting any changes to the USAGM NCC and COR via email.

6.3.4 The Contractor shall provide a detailed escalation plan relative to this task order for system failures, outages or technical support to the COR and the NCC. The Contractor shall be responsible for keeping this plan current and submitting any changes to the USAGM NCC, COR.

6.4 MANAGED TELEPORT SERVICES.

6.4.1 The Contractor shall be responsible for the transcoding and delivery of the USAGM Burmese TV channel and associated program audio to the Contractor’s or sub-Contractor’s uplink teleport.

6.4.2 The Contractor shall be responsible for ensuring that the Burmese SD PAL video and audio content is uplinked on a MPEG/DVB compliant Multiple Channel per Carrier (MCPC) on Thaicom 6 in a Ku-band Free-to-Air (FTA) transponder.

6.5 SATELLITE CAPACITY.

6.5.1 The Contractor shall have the capability to provide 2.70 Mb/s of satellite transponder capacity on Thaicom 6 to accommodate one (1) SD PAL video with program audio.

7. SECURITY.

7.1 The Contractor shall use its best efforts to provide a secure service that is compliant with U.S.

Government regulations to the extent practical. The Contractor should actively monitor its systems to ensure they are not compromised.

8. SCHEDULE AND IMPLEMENTATION.

8.1 The service commencement and implementation date will be finalized once the Contract/Task Order has been awarded (see Section 3 and 18 of this Statement of Work). The Contractor shall adhere to the USAGM’s Period of Performance and start date as indicated in the implementation plan.

9. CONTRACTOR FURNISHED EQUIPMENT.

9.1 If the Contractor is required to provide encoders, decoders or additional equipment, it shall provide budgetary cost estimates to USAGM before the purchase of said equipment.

9.2 The Contractor shall not procure any additional equipment for USAGM unless authorized by the Contracting Officer by way of a Task Order or Purchase Order.

9.3 All equipment purchased by the Contractor on behalf of USAGM and that USAGM has paid for, shall become the property of USAGM and returned to USAGM at the end of the contract.

10. CONTRACTOR RESPONSIBILITIES.

10.1 The Contractor shall be responsible for notifying USAGM NCC and the COR of all outages, whether proposed planned or incidental.

10.2 The Contractor shall be responsible for providing status reports (including any outages) via email to the COR and shall provide invoices via Invoice Processing Platform (IPP) once per calendar month.

10.3 The Contractor shall be responsible for scheduling quarterly meetings between the USAGM COR, Project Manager (PM) and NCC to discuss ongoing operational issues and/or concerns.

10.4 The Contractor shall be responsible for maintaining the outage escalation chart(s) and to provide current key personnel information pertaining to the operation of this contract.

10.5 The Contractor shall be responsible for coordinating and communicating with all third-party providers/sub-contractors to ensure continued operations of the Satellite Capacity, Managed Teleport Services and the public Internet connections.

10.6 The Contractor shall be responsible for providing technical support and advice to the USAGM throughout the duration of this contract.

11. Government-Furnished Equipment.

11.1 The Government shall not be providing any equipment.

12. GOVERNMENT INFORMATION.

12.1 All information provided to the Contractor by the USAGM shall remain the property of the USAGM and shall not be made public without the consent of the USAGM.

13. DELIVERABLES.

13.1 The Contractor shall provide the following deliverables via email as indicated below.

• End-to-end service delivery diagram showing outbound and return transmission paths (upon contract bid) – COR and NCC.

• Monthly Reports (once per calendar month) – COR and NCC.

• Monthly Invoices (once per calendar month) – COR.

• Outage Reports (within 12 hours of the Outage) – COR and NCC.

• Escalation Charts (as changes occur) – COR and NCC.

• Key Personnel Information (as changes occur) – COR and NCC.

• Ongoing technical advice (as required) – COR.

• Satellite Downlink EIRP coverage map with applicable receive antenna sizes throughout the satellite footprint contours.

14. USAGM CONTRACTING OFFICER’S REPRESENTATIVE.

14.1 The Contracting Officer’s Representative (COR) for this contract: TBA

15. USAGM PROGRAM MANAGER.

15.1 The Program Manager (PM) for this contract: TBA

16. USAGM NETWORK CONTROL CENTER.

NCC:

Cohen Building, Room 330 Independence Avenue, S.W.

Washington, DC 20237 Telephone: (202) 920-2200 Email: ncc@usagm.gov

17. INVOICING.

17.1 The Contractor shall be responsible for registering with the US Government’s System for Award Management (SAM.gov) and Invoice Processing Platform (IPP) system.

17.2 The Contractor shall be responsible for ensuring that all company banking details are accurately submitted in their organization’s SAM.gov and IPP registrations.

17.3 The Contractor shall submit all invoices for payment via the Invoice Processing Platform (IPP).

17.4 Invoices are to be submitted once per calendar month.

SECTION D – PACKAGING AND MARKING

The Contractor shall ensure the Contractor name and contract number are clearly visible on all information submitted to the Contracting Officer Representative (COR) or Contracting Officer (CO).

SECTION E – INSPECTION AND ACCEPTANCE

E.1 Performance Metrics

The awarded contract will be closely monitored by the Contracting Officer’s Representative (COR) throughout the entire period of performance and will be reported on at minimum one time annually at the conclusion of each ordering period. The evaluation will be shared with the Contractor.

E.2 Inspection and Acceptance of Services

The COR shall make inspection and acceptance of the services/products to be provided hereunder. The USAGM has the right to inspect and approve all services/products under the contract.

If the Contractor fails to perform the required services/products at an acceptable level as determined by the COR, either from a performance or professionalism standpoint, the government reserves the right to terminate the contract.

E.3 Quality Standards

(a) All services performed and products delivered under this contract shall be of the highest quality standards, consistent with best industry practices, to assure timely provision of services, optimum USAGM customer satisfaction, and adequate protection of government assets.

(b) The Contractor shall provide and maintain an inspection system acceptable to the government covering the services performed and /products delivered under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the government during contract performance and for as long afterwards as the contract requires.

(c) The government has the right to inspect and test all services/products called for by the contract, to the extent practicable at all times and places during the term of this contract. The government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the government performs inspections or tests on the premises of the Contractor, the Contractor shall furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) If any of the services do not conform with contract requirements, the government may require the

Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by re-performance, the government may-

(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

(2) Unilaterally reduce the contract price to reflect the reduced value of the services performed.

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the government may-

(1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or

(2) Terminate the award for cause.

SECTION F – DELIVERIES AND PERFORMANCE

F.1 Period of Performance

The period of performance of this contract is one-year Base Period as follows:

- Base Period: From [TBD] to [TBD] Actual ordering period will be finalized at the award date.

F.2 Place of Performance

The Contractor shall perform all services solely at the Contractor’s facility/site at the following address:

Primary Place of Performance: [TBD]

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 Administrative Contracting Officer (ACO)

The Administrative Contracting Officer is:

United States Agency for Global Media (USAGM) Office of Contracts 330 Independence Avenue SW Cohen Building, Room 4360 Washington, DC 20237

G.2 Contracting Officer’s Technical Representative (COR)

The Contracting Officer’s Representative (COR) will be designated at the time of award.

G.3 Paying Office

The paying office for this contract is:

United States Agency for Global Media (USAGM) Office of the Chief Financial Officer 330 Independence Avenue SW Cohen Building, Room 4360 Washington, DC 20237

G.4 USAGM 1952.232-91 Electronic Invoicing and Payment Requirements - Invoice Payment

Platform (IPP) (April 2016)

Payment requests for all new awards must be submitted electronically through the U. S. Department of the Treasury's Invoice Payment Program (IPP).

"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in FAR 32.905(b), "Payment documentation and process" and the applicable Prompt Payment clause included in this contract. The IPP website address is: https://www.ipp.gov. Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:

Invoices.

The Contractor must follow the instructions on the attached Electronic Invoicing Advisory to enroll, access and use IPP for submitting requests for payment.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the contracting officer.

https://www.ipp.gov/

G.5 Non-Payment for Unauthorized Work

The government shall not be obligated to pay the Contractor any amount in excess of the total contract funded amount.

The Contractor shall not perform work outside the period of performance unless a modification is issued by a Contracting Officer.

An unauthorized commitment is an agreement/change in the level or quantity of services being provided, that is not binding solely because the government representative who made it lacked the authority to enter into that agreement/change on behalf of the government.

No payments will be made for unauthorized services/products or for any unauthorized changes to the work specified in Section C – Description/Specifications/Work Statement. This includes any services/products performed by the Contractor of their own volition or at the request of an individual other than a duly authorized Contracting Officer. Only a duly authorized Contracting Officer is authorized to change the specifications, terms, and/or conditions of this contract.

G.6 Role of Government Personnel and Responsibility for Contract Administration

(a) Contracting Officer (CO): The CO has the overall responsibility for administering this contract.

He/she alone, without delegation, is authorized to take actions on behalf of the government to: amend, modify, or deviate from the contract terms, conditions, requirements, specifications, details and delivery schedules; make final decisions on disputed deductions from contract payments for non-performance or unsatisfactory performance; terminate the contract for convenience or default; and issue final decisions regarding contract questions or matters under dispute. Additionally, he/she may delegate certain other responsibilities to authorized representatives.

(b) Contracting Officer’s Representative (COR): The COR is responsible for promptly notifying the Contracting Officer in writing of any noncompliance or deviation in performance or failure to make progress; knowing and understanding the terms and provisions of the contract; knowing the scope and limitations of your authority; using good judgment, skill and reasonable care in the exercise of authority; protecting privileged and sensitive procurement information. If questions arise which are not clearly answered in this contract or if disputes with the Contractor occur, prepare a written report to the Contracting Officer setting forth the problem(s) encountered. The COR will be responsible for technical direction, reviewing and approving contractor work plans, assessing contractor progress against work plans, receipt and acceptance of contract deliverables, reviewing and approving invoices. The COR is also responsible for keeping the CO informed of any issues affecting contractor’s performance under the contract. An alternate COR may be delegated the responsibility to assume the COR’s role in the COR’s absence.

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 Standards of Conduct

The Contractor shall ensure that personnel assigned to this contract observe the highest standards of personal and professional conduct. The Contractor is responsible for recruiting and hiring only those personnel who can maintain the standards of conduct required under this contract. Additionally, the

Contractor is responsible for maintaining satisfactory standards of employee conduct and integrity and shall be held fully accountable for the conduct of its employees and its subcontractor’s employees (if any).

H.2 Safeguarding of Information

The Contractor and its employees shall exercise the utmost discretion in regard to all matters relating to their duties and functions. They shall not communicate to any person any information known to them by reason of their performance of services under this contract which has not been made public, except in the necessary performance of their duties or upon written authorization of the Contracting Officer. All documents and records (including photographs, if any) generated during the performance of work under this contract shall be for the sole use of and become the exclusive property of the U.S. Government.

Furthermore, no article, book, pamphlet, e-mail, recording, broadcast, speech, television appearance, film or photograph concerning any aspect of work performed under this contract shall be published or disseminated through any media without the prior written authorization of the Contracting Officer. These obligations do not cease upon the expiration or termination of this contract. The Contractor shall include the substance of this provision in all contracts of employment and in all subcontracts hereunder.

H.3 Contractor Self-Identification

All Contractor personnel attending meetings, answering government telephones, and/or working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public, of other government personnel that they are Government officials. Contractor personnel must also ensure that all documents or reports produced by them are suitably marked as contractor products or that Contractor participation is appropriately disclosed. This direction shall be adhered to unless otherwise waived, in writing, by the cognizant Contracting Officer.

At no time will any Contractor utilize letterhead for any correspondence between the Contractor and any other entity depicting or intimating that the Contractor is a member/employee of the U.S. Government, either as an individual or as a company/corporation.

SECTION I – CONTRACT CLAUSES

I.1 Contract Clauses

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

As prescribed in 4.2004, insert the following clause:

Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018)

(a) Definitions. As used in this clause—

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

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

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

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

Covered entity means–

(1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab;

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

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

(b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits Government use of any covered article. The Contractor is prohibited from—

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

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

(c) Reporting requirement.

(1) In the event the Contractor identifies a covered article provided to the Government during contract performance, or the Contractor is notified of such by a subcontractor at any tier or any other source, the Contractor shall report, in writing, to the Contracting Officer or, in the case of the Department of Defense, 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 (c)(1) of this clause:

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

(Original Equipment Manufacturer (OEM) number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

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

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

(End of clause)

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

As prescribed in 4.2105(a), insert the following provision:

Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2020)

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

(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—

(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.

(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)

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

As prescribed in 4.2105(b), insert the following clause:

Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2020)

(a) Definitions. As used in this clause—

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People’s Republic of China.

Covered telecommunications equipment or services means–

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means–

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology;

or

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

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

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

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

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

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

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

(b) Prohibition.

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

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

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

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

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

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

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause 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 items.

52.204-26 Covered Telecommunications Equipment or Services-Representation.

As prescribed in 4.2105(c), insert the following provision:

Covered Telecommunications Equipment or Services-Representation (Dec 2019)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” has 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”.

(c) 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.

FAR 52.212-2(b) and (c) remain in effect.

(x) Offerors shall include a completed copy of the provision FAR 52.212-3 Offeror Representations and Certifications-Commercial Items (MAR 2020) with their Technical Proposals. These representations and certifications will be incorporated by reference in any resultant contract. Offerors may either submit a paper copy of FAR Clause 52.212-3 or submit this information through the Beta System of Award Management (SAM) www.beta.sam.gov.

Proposals must also include the Offeror’s DUNS Number, prompt payment terms, and correct remittance address, if different from mailing address. THE OFFEROR MUST BE

REGISTERED ONLINE IN THE SAM DATABASE AND LISTED AS “ACTIVE”

PRIOR TO CONTRACT AWARD, AND PROSPECTIVE AWARDEES

ACKNOWLEDGE THE REQUIREMENT TO MAINTAIN AN “ACTIVE” SAM

REGISTRATION STATUS DURING PERFORMANCE AND THROUGH FINAL

PAYMENT OF ANY RESULTING CONTRACT. Accordingly, the following FAR provisions and clauses are incorporated into the solicitation and any resulting contract by reference: 52.204-7—System for Award Management (OCT 2018); 52.204-13—System for Award Management Maintenance (OCT 2018); FAR 52.204-16 Commercial and Government Entity Code Reporting (JUL 2016); FAR 52.204-18 Commercial and Government Entity Code Maintenance (JUL 2016).

Pursuant to FAR 12.301(d), the FAR provisions 52.209-7 Information Regarding Responsibility Matters (OCT 2018) and 52.222-56 Certification Regarding Trafficking in Persons Compliance Plan (MAR 2015) also apply to this acquisition and are incorporated in full text to this synopsis/solicitation. Offerors must comply with the requirements of these two provisions.

http://www.beta.sam.gov/

(xii) FAR clause 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (MAR 2020) applies to this acquisition and is provided below:

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items (MAR 2020)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017)

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018)

(3) 52.204-25, Prohibition on Contacting for Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2019)

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

(DEC 2014)

(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)(Public Laws 108-

77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the

Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (SEP 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

X (2) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (41 U.S.C.

3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

X (4) 52.204-10, Reporting Executive…