W15QKN20Q0108.pdf
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- XMetal Software Federal contract opportunity
- Solicitation number
- W15QKN20Q0108
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Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| Attachment 0004 Additional Solicitation and Contract Requirements.pdf | ||
| Attachment 0003 Contract Quality Requirements.pdf | ||
| Attachment 0002 Software License Addendum.docx | DOCX document | |
| Amended CAO-20-0464 Limiting-Competition-under-SAT XMetal Software 9 11 2020_Redacted.pdf | ||
| Attachment 0001 ARDEC 3002f.pdf |
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SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
Offeror To Complete Block 12, 17, 23, 24, & 30
1. Requisition Number Page Of
2. Contract No. 3. Award/Effective Date 4. Order Number 5. Solicitation Number 6. Solicitation Issue Date
7. For Solicitation Information Call:
A. Name B. Telephone Number (No Collect Calls) 8. Offer Due Date/Local Time
9. Issued By Code 10. This Acquisition is Unrestricted OR Set Aside: % For:
Small Business Women-Owned Small Business (WOSB) Eligible Under the Women-Owned Small Business Program
Hubzone Small Business EDWOSB
Service-Disabled Veteran-Owned Small Business NAICS:
Email: 8(A) Size Standard:
11. Delivery For FOB Destination Unless Block Is Marked
12. Discount Terms 13a. This Contract Is A Rated Order Under DPAS (15 CFR 700) 13b. Rating
See Schedule 14. Method Of Solicitation RFQ IFB RFP
15. Deliver To Code 16. Administered By Code
Telephone No.
17a. Contractor/Offeror Code Facility 18a. Payment Will Be Made By Code
Telephone No.
17b. Check If Remittance Is Different And Put Such Address In Offer
18b. Submit Invoices To Address Shown In Block 18a Unless Block Below Is Checked See Addendum
19.
Item No.
20.
Schedule Of Supplies/Services
21.
Quantity
22.
Unit
23.
Unit Price
24.
Amount
(Use Reverse and/or Attach Additional Sheets As Necessary)
25. Accounting And Appropriation Data 26. Total Award Amount (For Govt. Use Only)
27a.Solicitation Incorporates By Reference FAR 52.212-1, 52.212-4. FAR 52.212-3 And 52.212-5 Are Attached. Addenda Are Are Not Attached.
27b.Contract/Purchase Order Incorporates By Reference FAR 52.212-4. FAR 52.212-5 Is Attached. Addenda Are Are Not Attached.
28. Contractor Is Required To Sign This Document And Return _________ 29. Award Of Contract: Ref. Offer Copies to Issuing Office. Contractor Agrees To Furnish And Deliver All Items Set Forth Or Otherwise Identified Above And On Any Additional Sheets Subject To The Terms And Conditions Specified.
Dated . Your Offer On Solicitation (Block 5), Including Any Additions Or Changes Which Are Set Forth Herein, Is Accepted As To Items:
30a. Signature Of Offeror/Contractor 31a. United States Of America (Signature Of Contracting Officer)
30b. Name And Title Of Signer (Type Or Print) 30c. Date Signed 31b. Name Of Contracting Officer (Type Or Print) 31c. Date Signed
Authorized For Local Reproduction Previous Edition Is Not Usable
Standard Form 1449 (Rev. 2/2012) Prescribed By GSA-FAR (48 CFR) 53.212
W15QKN-20-Q-0108 2020SEP15
CHRISTOPHER WESTER (973)724-2607
CHRISTOPHER.M.WESTER.CIV@MAIL.MIL
2020SEP18 02:00pm
W15QKN
ARMY CONTRACTING COMMAND - NJ
PICATINNY ARSENAL, NJ 07806-5000 X
X 100
511210
X
NONE
X
SEE SCHEDULE
SEE SCHEDULE
X X
X 1
1 46
19.
Item No.
20.
Schedule Of Supplies/Services
21.
Quantity
22.
Unit
23.
Unit Price
24.
Amount
32a. Quantity In Column 21 Has Been
Received Inspected Accepted, And Conforms To The Contract, Except As Noted: _________________________________________________
32b. Signature Of Authorized Government Representative 32c. Date 32d. Printed Name and Title of Authorized Government Representative
32e. Mailing Address of Authorized Government Representative 32f. Telephone Number of Authorized Government Representative
32g. E-Mail of Authorized Government Representative
33. Ship Number 34. Voucher Number 35. Amount Verified 36. Payment 37. Check Number Correct For Partial Final Complete Partial Final
38. S/R Account No. 39. S/R Voucher Number 40. Paid By
41a. I Certify This Account Is Correct And Proper For Payment 42a. Received By (Print) 41b. Signature And Title Of Certifying Officer 41c. Date 42b. Received At (Location)
42c. Date Rec’d (YY/MM/DD) 42d. Total Containers
Standard Form 1449 (Rev. 2/2012) Back
CONTINUATION SHEET
Reference No. of Document Being Continued Page of
Name of Offeror or Contractor:
PIIN/SIIN MOD/AMD
SUPPLEMENTAL INFORMATION
Buyer Name: CHRISTOPHER WESTER
Buyer Office Symbol/Telephone Number: CCNJ-JA/(973)724-2607
Type of Contract 1: Firm Fixed Price
Kind of Contract: Other
*** End of Narrative A0000 ***
A. This is a sole source firm fixed price, commercial contract for the purchase and delivery of xMetal software and licenses, including software support and maintenance under the authority of FAR 13.106-1(b)(1) for CCDC AC.
B. The period of performance will be for twelve (12) months from date of contract award for 365 days.
C. If at any time during the performance of this contract a contractor commerical EULA term is found in conflict with with U.S. Code, FAR, DFARS, AFARS, this contract, order, or Addenda (Attachment 0002), the government's terms will take precedence.
GENERAL INFORMATION TO OFFERORS OR QUOTERS
1. Responses must set forth full, accurate and complete information as required by this solicitation (including attachments). Fill-ins are provided on Standard Form (insert form numbers), and other solicitation documents. Examine the entire solicitation carefully. The penalty for making false statements is prescribed in 18 U.S.C. 1001.
2. Responses must be plainly marked with the Solicitation Number and the date and local time set forth for bid opening or receipt of proposals in the solicitation document.
3. Information regarding the timeliness of response is addressed in the provision of the solicitation entitled either Late Submission, Modification and Withdrawal of Bid or Instructions to Offerors Competitive Acquisitions.
4. Procurement Information (use one of the below in your solicitation)
__ This Procurement is unrestricted (use if soliciting Full and Open Competition)
_x_ This Procurement is 100% set-aside for (enter Small Business or other Socio-Economic Program). The applicable SIC/NAICS codes ___ are: 511210 ______ .
_X_ This Procurement is being solicited using Other Than Full and Open Competition in accordance FAR 13.106-1(b)(1): For purchases not exceeding the simplified acquisition threshold (SAT), only one source reasonably available, urgency, exclusive licensing agreements, brand name, or industrial mobilization.
5. Issuing Office
Contracting Command - New Jersey
ATTN: Elizabeth A. Horak Office Symbol: CCNJ-JA
Picatinny Arsenal,NJ 07806-5000_________________
Email: elizabeth.a.horak2.civ@mail.mil _______________________________
6. Point of Contact for Information:
Name: Christopher Wester __________________
Title: Contract Specialist ___________________
Email: christopher.m.wester.civ@mail.mil
Phone: (973) 724-2607
7. DISCLOSURE OF UNIT PRICE INFORMATION
This constitutes notification pursuant to Executive Order 12600, Pre-Disclosure Notification Procedures for Confidential Commercial
Information (June 23, 1987), of our intention to release unit prices in response to any request under the Freedom of Information Act, 5
USC 552. Unit price is defined as the contract price per unit or item purchased. We consider any objection to be waived unless the contracting officer is notified of your objection to such posting prior to submission of initial proposals.
8. End User License Agreement. Within the solicitation, the Government has included an addendum of terms the Government takes __________________________ exception to that are commonly included in commercial end user license agreements. This addendum will be made part of the contract/order award. The Government reserves the right to review any submitted commercial end user license agreement and review them
2 46
W15QKN-20-Q-0108
Name of Offeror or Contractor:
PIIN/SIIN MOD/AMD
for additional conflicting terms in accordance with FAR 27.405-3.
9. The following FAR Clauses/Provisions shall be addressed in the offerors response to this notice:
FAR 52.204-24
FAR 52.204-25
FAR 52.204-26
These clauses/provisions address the Section 889 requirements put in place 13 August 2020.
*** END OF NARRATIVE A0001 ***
3 46
PIIN/SIIN
Page of
Name of Offeror or Contractor:
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
Reference No. of Document Being Continued
MOD/AMD
SUPPLIES OR SERVICES AND PRICES/COSTS
0001 XMETAL SOFTWARE 1 LO $ _______________ __________________
SERVICE REQUESTED: XMETAL SOFTWARE
CLIN CONTRACT TYPE:
Firm Fixed Price
Inspection and Acceptance _________________________
INSPECTION: Destination ACCEPTANCE: Destination
Deliveries or Performance _________________________
DEL REL CD QUANTITY DAYS AFTER AWARD __________ ______________ ________________
001 1 0365
4 46
Name of Offeror or Contractor:
PIIN/SIIN MOD/AMD
DESCRIPTION/SPECIFICATIONS/WORK STATEMENT
Statement of Work
For
XMetaL Author Enterprise V15
1.0 Background: Life Cycle Supportability Division, FCDD-ACE-LL uses Darwin Information Type Architecture (DITA) compliant software to create/maintain technical publications, the requested version of software will replace an existing version currently in use. The software will be utilized by technical publications writers and associated staff.
2.0 Scope: This effort is to obtain XMetaL Author Enterprise licenses for the purpose of tagging XML documents using DITA standards to produce Technical Manuals and publications for the war-fighter
3.0 Requirements: The contractor shall provide the following items after contract award:
3.1 Software Licenses XMetaL Author Enterprise V15, Quantity 25, including 1 year of maintenance.
3.2 Software maintenance and original software manufacturer technical support shall be provided for the items in the form of licenses, software upgrades, software technical support, and unlimited access to the original software manufacturer software experts for the products and programming languages indicated in this SOW. The Contractor shall allow the government ender user access to the original software manufacturers technical support, as needed.
4.0 Applicable Documents: N/A
5.0 Period of Performance: The period of performance is twelve months from date of award
6.0 Place of Performance: Use of licenses will be at Picatinny Arsenal, NJ. No actual installation or service work is required at
Picatinny Arsenal; the purchase is for software licenses that FCDD-ACE-LL will install direct via the original software manufacturer website/weblink.
7.0 Deliverables: The product is an electronic delivery to FCDD-ACE-LL
8.0 Technical POC: POCs for this document: United States Army CCDC-AC, FCDD-ACE-LL, Mr. Joseph Cannataro, Building 93, Picatinny, NJ
07806, (973) 724-4146 or Mr. Scott Holmes United States Army CCDC-AC, FCDD-ACE-LL, Building 93, Picatinny, NJ 07806, (973) 724-8892
*** END OF NARRATIVE C0001 ***
INSPECTION AND ACCEPTANCE
Regulatory Cite Title Date Regulatory Cite Title Date _______________ ______________________________________________________________________ ____________ _______________ ______________________________________________________________________ ____________
1 52.246-1 CONTRACTOR INSPECTION REQUIREMENTS APR/1984
DELIVERIES OR PERFORMANCE
2 52.242-15 STOP-WORK ORDER AUG/1989
3 52.247-34 F.O.B. DESTINATION NOV/1991
5 46
Name of Offeror or Contractor:
PIIN/SIIN MOD/AMD
CONTRACT ADMINISTRATION DATA
4 252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS DEC/2018
(a) Definitions. As used in this clause--
"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely identifies a unit, activity, or organization.
"Document type" means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).
"Local processing office (LPO)" is the office responsible for payment certification when payment certification is done external to the entitlement system.
"Payment request" and "receiving report" are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and
Receiving Reports.
(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and
Receiving Reports.
(c) WAWF access. To access WAWF, the Contractor shall--
(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov ; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this
Web site.
(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice
Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the
WAWF home page at https://wawf.eb.mil/ .
(e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data Interchange, or File Transfer
Protocol.
(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:
(1) Document type. The Contractor shall submit payment requests using the following document type(s):
(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.
(ii) For fixed price line items--
(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.
combo
(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.
invoice 2 in 1
(iii) For customary progress payments based on costs incurred, submit a progress payment request.
(iv) For performance based payments, submit a performance based payment request.
(v) For commercial item financing, submit a commercial item financing request.
(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.
[Note: The Contractor may use a WAWF "combo" document type to create some Combinations of invoice and receiving report in one step.]
(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in
WAWF when creating payment requests and receiving reports in the system.
6 46
Name of Offeror or Contractor:
PIIN/SIIN MOD/AMD
Routing Data Table*
Field Name in WAWF Data to be entered in WAWF
Pay Official DoDAAC HQ0490
Issue By DoDAAC W15QKN
Admin DoDAAC W15QKN
Inspect By DoDAAC W15BW9
Ship To Code W15BW9
Ship From Code N/A
Mark For Code W15BW9
Service Approver (DoDAAC) W15BW9
Service Acceptor (DoDAAC) W15BW9
Accept at Other DoDAAC W15BW9
LPO DoDAAC N/A
DCAA Auditor DoDAAC N/A
Other DoDAAC(s) N/A
(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and
Payment, as applicable.
(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.
(g) WAWF point of contact.
(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.
tbd
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.
(End of clause)
Contracting Officer
Elizabeth A. Horak elizabeth.a.horak2.civ@mail.mil
(973) 724-5369
Contract Specialist
Christopher Wester christopher.m.wester.civ@mail.mil
(973) 724-2607
*** END OF NARRATIVE G0001 ***
7 46
Name of Offeror or Contractor:
PIIN/SIIN MOD/AMD
CONTRACT CLAUSES
5 52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS JAN/2017
OR STATEMENTS
6 52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS JUN/2020
7 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT/2018
8 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE JUL/2016
9 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES JUL/2018
DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES
10 52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS NOV/2015
11 52.211-15 DEFENSE PRIORITY AND ALLOCATION REQUIREMENTS APR/2008
12 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS OCT/2018
13 52.213-1 FAST PAYMENT PROCEDURE MAY/2006
14 52.215-21 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA OTHER THAN JUN/2020
CERTIFIED COST OR PRICING DATA --MODIFICATIONS
15 52.219-13 NOTICE OF SET-ASIDE OF ORDERS MAR/2020
16 52.222-51 EXEMPTION FROM APPLICATION OF THE SERVICE CONTRACT LABOR STANDARDS TO MAY/2014
CONTRACTS FOR MAINTENANCE, CALIBRATION, OR REPAIR OF CERTAIN
EQUIPMENT--REQUIREMENTS
17 52.223-6 DRUG-FREE WORKPLACE MAY/2001
18 52.232-8 DISCOUNTS FOR PROMPT PAYMENT FEB/2002
19 52.232-11 EXTRAS APR/1984
20 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER--SYSTEM FOR AWARD MANAGEMENT OCT/2018
21 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS JUN/2013
22 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS DEC/2013
23 52.233-1 DISPUTES MAY/2014
24 52.233-3 PROTEST AFTER AWARD AUG/1996
25 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM OCT/2004
26 52.242-5 PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS JAN/2017
27 52.243-5 CHANGES AND CHANGED CONDITIONS APR/1984
28 52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS AUG/2020
29 52.253-1 COMPUTER GENERATED FORMS JAN/1991
30 252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS SEP/2011
31 252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS SEP/2013
32 252.204-7000 DISCLOSURE OF INFORMATION OCT/2016
33 252.204-7002 PAYMENT FOR SUBLINE ITEMS NOT SEPARATELY PRICED APR/2020
34 252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT APR/1992
35 252.204-7006 BILLING INSTRUCTIONS OCT/2005
36 252.204-7009 LIMITATIONS ON THE USE OR DISCLOSURE OF THIRD-PARTY CONTRACTOR OCT/2016
REPORTED CYBER INCIDENT INFORMATION
37 252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING DEC/2019
38 252.204-7014 LIMITATIONS ON THE USE OR DISCLOSURE OF INFORMATION BY LITIGATION MAY/2016
SUPPORT CONTRACTORS
39 252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR LITIGATION SUPPORT MAY/2016
40 252.225-7007 PROHIBITION ON ACQUISITION OF CERTAIN ITEMS FROM COMMUNIST CHINESE DEC/2018
MILITARY COMPANIES
41 252.225-7011 RESTRICTION ON ACQUISITION OF SUPERCOMPUTERS JUN/2005
42 252.225-7028 EXCLUSIONARY POLICIES AND PRACTICES OF FOREIGN GOVERNMENTS APR/2003
43 252.225-7051 PROHIBITION ON ACQUISITION OF CERTAIN FOREIGN COMMERCIAL SATELLITE DEC/2018
SERVICES
44 252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS DEC/2018
45 252.232-7010 LEVIES ON CONTRACT PAYMENTS DEC/2006
46 252.232-7017 ACCELERATING PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS--PROHIBITION APR/2020
ON FEES AND CONSIDERATION
47 252.239-7010 CLOUD COMPUTING SERVICES OCT/2016
48 252.243-7001 PRICING OF CONTRACT MODIFICATIONS DEC/1991
49 252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS JUN/2013
50 52.204-1 APPROVAL OF CONTRACT DEC/1989
This contract is subject to the written approval of CONTRACTING OFFICER and shall not be binding until so approved.
(End of Clause)
8 46
Name of Offeror or Contractor:
PIIN/SIIN MOD/AMD
51 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR AUG/2020
EXECUTIVE ORDERS--COMMERCIAL ITEMS
(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) (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 (Jul 2018) (Section 1634 of Pub. L. 115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020)
(Section 889(a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)
(5) 52.233-3, 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:
___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Oct 1995)(41 U.S.C. 4704 and
10 U.S.C. 2402).
___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (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) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).
___ (5) [Reserved].
___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section
743 of Div. C).
___ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for
Debarment (Jun 2020) (31 U.S.C. 6101 note).
___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).
___ (10) [Reserved]
___ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15 U.S.C. 657a).
___ (ii) Alternate I (MAR 2020) of 52.219-3.
___ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
___ (ii) Alternate I (MAR 2020) of 52.219-4.
___ (13) [Reserved]
_X_ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (MAR 2020) (15 U.S.C. 644). _
9 46
Name of Offeror or Contractor:
PIIN/SIIN MOD/AMD
___ (ii) Alternate I (MAR 2020) of 52.219-6.
___ (iii) Alternate II (Nov 2011) of 52.219-6.
___ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (MAR 2020)(15 U.S.C. 644).
___ (ii) Alternate I (MAR 2020) of 52.219-7.
___ (iii) Alternate II (Mar 2004) of 52.219-7.
_X_ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)). _
___ (17)(i) 52.219-9, Small Business Subcontracting Plan (Jun 2020) (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 (Jun 2020) of 52.219-9.
___ (18) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).
__x_ (19) 52.219-14, Limitations on Subcontracting (MAR 2020)(15 U.S.C. 637(a)(14)).
___ (20) 52.219-16, Liquidated Damages--Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)).
___ (21) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (MAR 2020)(15 U.S.C. 657 f)
_X_ (22) 52.219-28, Post Award Small Business Program Rerepresentation (MAR 2020)(15 U.S.C. 632(a)(2)). _
___ (i) Alternate I (MAR 2020) of 52.219-28.
___ (23) 52.219-29 Notice of Total Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (MAR 2020)
(15 U.S.C. 637(m)).
___ (24) 52.219-30 Notice of Total Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (MAR
2020) (15 U.S.C. 637(m)).
___ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).
_x__ (26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15 U.S.C. 637(a)(17)).
_X_ (27) 52.222-3, Convict Labor (June 2003)(E.O. 11755). _
___ (28) 52.222-19, Child LaborCooperation with Authorities and Remedies (Jan 2020) (E.O. 13126).
_X_ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). _
_X_ (30)(i) 52.222-26, Equal Opportunity (Sep 2016)(E.O. 11246). _
___ (ii) Alternate I (Feb 1999) of 52.222-26.
_X_ (31)(i) 52.222-35, Equal Opportunity for Veterans (Jun 2020)(38 U.S.C. 4212). _
___ (ii) Alternate I (July 2014) of 52.222-35.
_X_ (32)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020)(29 U.S.C. 793). _
___ (ii) Alternate I (July 2014) of 52.222-36.
_X_ (33) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Jun _
2020)(38 U.S.C. 4212).
10 46
Name of Offeror or Contractor:
PIIN/SIIN MOD/AMD
___ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
_X_ (35)(i) 52.222-50, Combating Trafficking in Persons (Jan 2019) (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).
___ (36) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
___ (37)(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.)
___ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (June, 2016) (E.O. 13693).
___ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (June, 2016) (E.O.
13693).
___ (40)(i) 52.223-13, Acquisition of EPEAT[supreg]-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).
___ (ii) Alternate I (Oct 2015) of 52.223-13.
___ (41)(i) 52.223-14, Acquisition of EPEAT[supreg]-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).
___ (ii) Alternate I (Jun 2014) of 52.223-14.
___ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).
___ (43)(i) 52.223-16, Acquisition of EPEAT[supreg]-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).
___ (ii) Alternate I (Jun 2014) of 52.223-16.
_X_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513). _
___ (45) 52.223-20, Aerosols (June, 2016) (E.O. 13693).
___ (46) 52.223-21, Foams (June, 2016) (E.O. 13693).
___ (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
___ (ii) Alternate I (JAN 2017) of 52.224-3.
__ (48) 52.225-1, Buy American--Supplies (MAY 2014) (41 U.S.C. chapter 83).
___ (49)(i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (MAY 2014) (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 (MAY 2014) of 52.225-3.
___ (iii) Alternate II (MAY 2014) of 52.225-3.
___ (iv) Alternate III (MAY 2014) of 52.225-3.
___ (50) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
_X_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.o.s, proclamations, and statutes administered by the _
Office of Foreign Assets Control of the Department of the Treasury).
___ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
___ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
___ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007)(42 U.S.C. 5150).
___ (55) 52.229-12, Tax on Certain Foreign Procurements (JUN 2020).
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___ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002)(41 U.S.C. 4505, 10 U.S.C. 2307(f)).
___ (57) 52.232-30, Installment Payments for Commercial Items (Jan 2017)(41 U.S.C. 4505, 10 U.S.C. 2307(f)).
___ (58) 52.232-33, Payment by Electronic Funds Transfer -- System for Award Management (Oct 2018)(31 U.S.C. 3332).
___ (59) 52.232-34, Payment by Electronic Funds Transfer -- Other Than System for Award Management (Jul 2013)(31 U.S.C. 3332).
___ (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).
_X_ (61) 52.239-1, Privacy or Security Safeguards (Aug 1996)(5 U.S.C. 552a). _
___ (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017)(15 U.S.C. 637(d)(13)).
___ (63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006)(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 (Feb 2006) 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 items:
___ (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) (MAY 2014) (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).
___ (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).
_X_ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-- _
Requirements (MAY 2014) (41 U.S.C. chapter 67).
_X_ (7) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (Executive Order 13658). _
___ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).
___ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).
(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 Contractors 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.
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(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 items. 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 (Jun 2020) (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 (Jul 2018) (Section 1634 of Pub. L. 115-91).
(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020)
(Section 889(a)(1)(A) of Pub. L. 115-232).
(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (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.
(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(vii) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).
(viii) 52.222-35, Equal Opportunity for Veterans (Jun 2020)(38 U.S.C. 4212).
(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020)(29 U.S.C. 793).
(x) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).
(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).
(xii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).
(xiii)(A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. 7104(g)).
(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. 7104(g)).
(xiv) 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).
(xv) 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).
(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015).
(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (Executive Order 13658).
(xviii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).
(xix)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
(B) Alternate I (JAN 2017) of 52.224-3.
(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006)(46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).
Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
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(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of Clause)
52 52.217-8 OPTION TO EXTEND SERVICES NOV/1999
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 90 days.
(End of Clause)
53 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS DEC/2014
The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.
(End of clause)
54 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS JUN/2016
(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 Web sites) 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.
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(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 items, 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)
55 52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO AUG/2020
SURVEILLANCE SERVICES OR EQUIPMENT
(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 Peoples 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
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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 .
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(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…
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