W50S6X-23-Q-0012 - SCIF Door Replacement Combo_Final.pdf

Page 1 of 11W50S6X-23-Q-0012 Page 1 of 11W50S6X-23-Q-0012

DEPARTMENT OF THE AIR FORCE

166th Mission Support Contracting

166th Airlift Wing Air Force Base

DELAWARE AIR NATIONAL GUARD

Combined Synopsis/Solicitation

Requirement Title: SCIF Door Replacement

Solicitation Number: W50S6X-23-Q-0012

Solicitation Issue Date: Friday, 08 September 2023

Response Deadline: Monday, 18 September 2023 no later than 10:00 AM Eastern Daylight Time (EDT)

Point(s) of Contact: Katesha Tolson, katesha.tolson.1@us.af.mil - Contract Specialist

Bryan Driscoll, bryan.driscoll.5@us.af.mil - Contracting Officer

General Information

1. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

2. This solicitation is being issued as a(n) Request for Quote (RFQ).

3. This solicitation document and incorporated provisions and clauses are those in effect through:

Federal Acquisition Circular 2023-04 Defense Federal Acquisition Regulation Public Notice 20230817 Army Federal Acquisition Circular 2023-0809

4. IAW FAR 19.501 a "set-aside for small business" is the limiting of an acquisition exclusively for participation by small business concerns. A small business set-aside may be open to any of the small business concerns identified at 19.000(a)(3).

The type of set-aside used (if applicable) is Total Small Business Set-Aside (FAR 19.5)

The Federal Service Code / Product Supply Code is 5670 The North American Industry Size Classification System (NAICS) code associated with this requirement is 332510

Requirement Information

Description:

The 166 Cyberspace Operations Squadron (COS) currently has three (3) wooden doors as primary access points to gain access to the Delaware Air National Guard SCIFs (DANG-SCIFs) that need replacement with steel doors and corrections to meet ICD705 SCIF Requirements and TEMPEST standards. COS requires that three (3) doors must be replaced to ICD 705 SCIF specifications and Radio Frequency (RF) mitigation requirements in UFC 4 010 05 and IDCD70 gaskets and stripping be installed on emergency exits.

The contractor shall provide all personnel, equipment, tools, materials, supervision, and quality control necessary to perform the Design, Installation, Calibration for an upgraded Sensitive Compartmented Information Facilities (SCIF) Primary Door in B2813 and B2610. The result of this project will be a fully functional doorway that meets all Intelligence Community Directive (ICD) 705 requirements for the Intelligence Community Directive 705 (ICD705) Sensitive Compartmented Information Facility (SCIF) as well as National Fire Protection Association (NFPA) requirements.

The 166 Cyberspace Operations Squadron (COS) currently has three (3) wooden doors as primary access points to gain access to the Delaware Air National Guard SCIFs (DANG-SCIFs) that need replacement with steel doors and corrections to meet ICD705 SCIF Requirements and TEMPEST standards. COS requires that three (3) doors must be replaced to ICD 705 SCIF specifications and Radio Frequency (RF) mitigation requirements in UFC 4 010 05 and IDCD70 gaskets and stripping be installed on emergency exits.

See Statement of Work for full requirement.

Page 2 of 11W50S6X-23-Q-0012 Page 2 of 11W50S6X-23-Q-0012

Place of Delivery/Performance/Acceptance/FOB Point:

PLACE OF PERFORMANCE. The contractor shall be at the Delaware Air National Guard (DANG) Base, New Castle, DE 19720-1615.

PERIOD OF PERFORMANCE. The Contractor will propose the period of performance and provide a schedule of on-site workdays.

The contractor must minimize the time that the door is removed prior to being replaced with the goal for the work to be completed in 1 day to support the security of the facility, personnel, and safety of the Mission.

All items shipped will be FOB destination only!

Line Item Description Quantity Unit Unit Price Extended Price

Design and construct structural solution that will facilitate the steel doors to ensure the physical security and TEMPEST of the DANG-SCIFs.

1 JOB

Remove and replace the existing doors to included doors, frames, acoustical seals, sweeps, threshold, hardware, spin locks, access control system and security intrusion detection.

1 JOB

Conduct sound testing and provide sound test report after installation of new doors. Sound testing must be performed IAW ICD 705 Tech. Spec. v. 1.5.1

1 JOB

0004 Completion of all remaining SOW items. 1 JOB

Instructions to Offerors

FAR provision 52.212-1, Instructions to Offerors -- Commercial, applies to this acquisition. As prescribed in FAR 12.301(b)(1), the following addendum is provided for this solicitation and hereby amends any language therein:

The following words stating "offer" and "offeror" are replaced with "quote" and "vendor".

Paragraph (a) first sentence revised as follows: "The NAICS code and small business size standard for this acquisition appear above."

Paragraph (c) first sentence revised as follows: “The vendor agrees to hold the prices in its quote firm until t90 days after solicitation closing date.

All companies must be registered in the System for Award Management at https://sam.gov/content/home to be considered for award.

The Government will not provide contract financing for this acquisition. Invoice instruction shall be provided at time of award.

Quotes in response to this solicitation must be submitted via email to both points of contacts listed above no later than the established deadline. The Government reserves the right to award all, some, or none of the CLINS quoted.

Please provide the following information with your quote:

Company Name: ___________________________ Unique Entity ID: ___________________________ Cage Code: ___________________________ NAICS Code: ___________________________ Point of Contact: ___________________________ Address: ___________________________ Phone Number: ___________________________ Email Address: ___________________________ Payment Terms: ___________________________

Note: .zip files are not an acceptable format for the Air Force Network and will not go through our email system.

- All questions are to be submitted in writing by 13 September 2023 at 10:00 AM EDT

- Quotes are required to be valid until 90 days after solicitation closing date

Evaluation Criteria

Page 3 of 11W50S6X-23-Q-0012 Page 3 of 11W50S6X-23-Q-0012

FAR 13.106-3(a), Evaluation of quotations, applies to this acquisition and the following evaluation is applicable:

The Government will award a contract resulting from this RFQ to the responsible vendor (IAW FAR 9.104-1) whose quote conforming to the RFQ will be most advantageous to the Government, price and other factors considered.

This is a competitive solicitation using simplified acquisition procedures and Best Value in which competing offerors price and technical are equal.

By submission of its offer in accordance with the instructions provided in provision FAR 52.212- 1 "Instructions to Offerors" the offeror accedes to all solicitation requirements, including terms and conditions, representations and certifications, the model contract, and technical requirements, in addition to those identified as evaluation factors. All technically acceptable offers will be treated equally. Failure to meet a requirement may result in an offer being determined technically unacceptable. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale. The evaluation process shall proceed as follows:

The following factors shall be used to evaluate quotes:

Factor 1: Total Price: Total Evaluated Price will be evaluated for fairness and reasonableness IAW FAR 13.106- 3(a).

Factor 2: Technical Acceptability: Technical Acceptability will be based on the offeror providing sufficient explanation/ documentation to demonstrate their ability to conform to the requirements of the SOW. Failure to comply with the SOW will result in a Technically Unacceptable rating. Quotes that receive a technically unacceptable rating will not be considered for award. Technical capability of the item offered to meet the Government requirement is the responsibility of the quoter to provide and failure to provide enough information will result in a determination of quote being unresponsive to the solicitation.)

Award Process: First, the Government will evaluate the quote for compliancy and then the proposal will be evaluated for Factor 2, Technical Acceptability on an acceptable/unacceptable basis. Prior to award, the quote will be evaluated for price fairness and reasonableness IAW FAR 13.106-3(a).

A written notice of award or acceptance of a quote mailed or otherwise furnished to the successful vendor within the time for acceptance specified in the wuote shall result in a binding contract only when signatures are obtained by both parties (Government and Vendor). Before the quoter's specified expiration time, the Government may accept a quote (or part of a quote whether or not there are discussions after its receipt, unless a written notice of withdrawal is received before award.

Discussions: The government intends to award a contract without discussions with respective vendors. The Government, however, reserves the right to conduct discussions if deemed in its best interest. The Government may conduct discussions with one, some, none, or all Vendors at its discretion.

Clauses and Provisions

FAR provision 52.212-3, Offeror Representations and Certifications -- Commercial Items with alternate I applies to this acquisition;

the offeror verifies by submission of their offer that the representation and certifications posted at FAR 52.212-3 have been entered or updated electronically via the System for Award Management (SAM) Web site located at http://www.sam.gov/portal in the last 12 months, and are current, accurate, complete, and applicable to this solicitation. Alternatively, if the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision and include a completed copy with its offer.

FAR clause 52.212-4, Contract Terms and Conditions -- Commercial Items applies to this acquisition.

FAR clause 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders -- Commercial Items applies to this acquisition; the following checked clauses are hereby included by reference:

52.203-6, Restrictions on Subcontractor Sales to the Government with Alternate I 52.203-13, Contractor Code of Business Ethics and Conduct 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards ✖

52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment ✖

52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters 52.222-17, Nondisplacement of Qualified Workers

Page 4 of 11W50S6X-23-Q-0012

52.222-19, Child Labor--Cooperation with Authorities and Remedies✖

52.222-21, Prohibition of Segregated Facilities ✖

52.222-26, Equal Opportunity ✖

52.222-35, Equal Opportunity for Veterans 52.222-36, Equal Opportunity for Workers with Disabilities ✖

52.222-37, Employment Reports on Veterans 52.222-50, Combating Trafficking Persons✖

52.222-54, Employment Eligibility Verification 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving ✖

52.225-13, Restrictions on Certain Foreign Purchases✖

52.232-33, Payment by Electronic Funds Transfer--System for Award Management✖

52.232-36, Payment by Third Party

The provisions and clauses listed below have been determined by the contracting officer to be necessary for this acquisition and consistent with customary commercial practices. The following provisions and clauses are hereby included by reference:

FAR 52.204-7 System for Award Management FAR 52.204-16 Commercial and Government Entity Code Reporting FAR 52.204-17 Ownership or Control of Offeror FAR 52.204-20 Predecessor of Offeror FAR 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities FAR 52.204-27 Prohibition on a ByteDance Covered Application FAR 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law FAR 52.212-1 Instructions to Offerors - Commercial items FAR 52.212-3 Offeror Representations and Certifications - Commercial Items - Alternate I FAR 52.222-22 Previous Contracts and Compliance Reports FAR 52.222-25 Affirmative Action Compliance FAR 52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals - Representation DFARS 252.203-7005 Representation Relating to Compensation of Former DoD Officials DFARS 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls DFARS 252.204-7016 Covered Defense Telecommunications Equipment or Services - Representation DFARS 252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services - Representation DFARS 252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements DFARS 252.213-7000 Notice to Prospective Suppliers on Use of Supplier Performance Risk System in Past Performance Evaluations DFARS 252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors DFARS 252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region-Representation DFARS 252.225-7974 Representation Regarding Persons that have Business Operations with the Maduro Regime (DEVIATION 2020-O0005) FAR 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements FAR 52.204-13 System for Award Management Maintenance FAR 52.204-18 Commercial and Government Entity Code Maintenance FAR 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities FAR 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations FAR 52.212-4 Contract Terms and Conditions - Commercial Items FAR 52.212-5 (DEV2018-O0021) Contract Terms and Conditions Required to Implement Statues or Executive Orders Commercial Items

Page 5 of 11W50S6X-23-Q-0012

FAR 52.219-6 Notice of Total Small Business Set-Aside - Alternate I FAR 52.219-28 Post-Award Small Business Program Representation FAR 52.219-33 Non-Manufacturer Rule FAR 52.222-3 Convict Labor FAR 52.222-19 Child Labor - Cooperation with Authorities and Remedies FAR 52.222-21 Prohibition of Segregated Facilities FAR 52.222-26 Equal Opportunity FAR 52.222-41 Service Contract Labor Standards FAR 52.222-42 Statement of Equivalent Rates for Federal Hires FAR 52.222-44 Fair Labor Standards Act and Service Contract Labor Standards - Price Adjustment FAR 52.222-50 Combating Trafficking in Persons FAR 52.222-55 Minimum Wages Under Executive Order 13658 FAR 52.222-62 Paid Sick Leave Under Executive Order 13706 FAR 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts FAR 52.223-18 Encouraging Contractor Policies to Ban TEXT Messaging While Driving FAR 52.225-13 Restrictions on Certain Foreign Purchases FAR 52.232-1 Payments FAR 52.232-29 Terms for Financing of Purchases of Commercial Items FAR 52.232-33 Payment by Electronic Funds Transfer - System for Award Management FAR 52.232-39 Unenforceability of Unauthorized Obligations FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors FAR 52.233-3 Protest after Award FAR 52.233-4 Applicable Law for Breach of Contract Claim FAR 52.252-2 Clauses Incorporated by Reference, https://www.acquisition.gov FAR 52.252-6 Authorized Deviations in Clauses DFARS 252.203-7000 Requirements Relating to Compensation of Former DoD Officials DFARS 252.203-7002 Requirement to Inform Employees of Whistleblower Rights DFARS 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support DFARS 252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services DFARS 252.204-7020 NIST SP 800-171 DoD Assessment Requirements DFARS 252.211-7008 Use of Government-Assigned Serial Numbers DFARS 252.223-7008 Prohibition of Hexavalent Chromium DFARS 252.225-7001 Buy American and Balance of Payments Program DFARS 252.225-7012 Preference for Certain Domestic Commodities DFARS 252.225-7048 Export-Controlled Items DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports DFARS 252.232-7006 Wide Area WorkFlow Payment Instructions DFARS 252.232-7010 Levies on Contract Payments DFARS 252.232-7017 Accelerating Payments to Small Business Subcontractors - Prohibition on Fees and Consideration DFARS 252.243-7001 Pricing of Contract Modifications DFARS 252.244-7000 Subcontracts for Commercial Items DFARS 252.246-7003 Notification of Potential Safety Issues DFARS 242.247-7023 Transportation of Supplies by Sea - Basic

The following provisions and clauses are hereby included by full text:

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

Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021) The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services --Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products or Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or

Page 6 of 11W50S6X-23-Q-0012 services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(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

Page 7 of 11W50S6X-23-Q-0012

(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 (Nov 2021)

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

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

Covered telecommunications equipment or services means -

(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

Page 8 of 11W50S6X-23-Q-0012 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 products or commercial services.

(End of clause)

52.204-26 Covered Telecommunications Equipment or Services-Representation.

Covered Telecommunications Equipment or Services-Representation (Oct 2020)

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

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

(c)

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

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

(End of provision)

52.204-27 Prohibition on a ByteDance Covered Application.

As prescribed in 4.2203 , insert the following clause:

Page 9 of 11W50S6X-23-Q-0012

Prohibition on a ByteDance Covered Application (Jun 2023)

(a) Definitions. As used in this clause -- Covered application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited.

Information technology, as defined in 40 U.S.C. 11101(6) --

(1) Means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use --

(i) Of that equipment; or

(ii) Of that equipment to a significant extent in the performance of a service or the furnishing of a product;

(2) Includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; but

(3) Does not include any equipment acquired by a Federal contractor incidental to a Federal contract.

(b) Prohibition. Section 102 of Division R of the Consolidated Appropriations Act, 2023 (Pub. L. 117-328), the No TikTok on Government Devices Act, and its implementing guidance under Office of Management and Budget (OMB) Memorandum M-23-13, dated February 27, 2023, “No TikTok on Government Devices” Implementation Guidance, collectively prohibit the presence or use of a covered application on executive agency information technology, including certain equipment used by Federal contractors. The Contractor is prohibited from having or using a covered application on any information technology owned or managed by the Government, or on any information technology used or provided by the Contractor under this contract, including equipment provided by the Contractor's employees; however, this prohibition does not apply if the Contracting Officer provides written notification to the Contractor that an exception has been granted in accordance with OMB Memorandum M-23-13.

(c) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts, including subcontracts for the acquisition of commercial products or commercial services.

(End of clause) 252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation.

As prescribed in 204.2105 (b), use the following provision:

PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICES --

REPRESENTATION (MAY 2021)

The Offeror is not required to complete the representation in this provision if the Offeror has represented in the provision at 252.204-7016 , Covered Defense Telecommunications Equipment or Services --Representation, that it “does not provide covered defense 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.”

(a) Definitions. “Covered defense telecommunications equipment or services,” “covered mission,” “critical technology,” and “substantial or essential component,” as used in this provision, have the meanings given in the 252.204-7018 clause, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services, of this solicitation.

(b) Prohibition. Section 1656 of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits agencies from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) at https:// www.sam.gov for entities that are excluded when providing any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless a waiver is granted.

Representation. If in its annual representations and certifications in SAM the Offeror has represented in paragraph (c) of the provision at 252.204-7016 , Covered Defense Telecommunications Equipment or Services --Representation, that it “does” provide covered defense 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, then the Offeror shall complete the following additional representation:

The Offeror represents that it [ ] will [ ] will not provide covered defense telecommunications equipment or services as a part of its offered products or services to DoD in the performance of any award resulting from this solicitation.

(e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it “will provide covered defense telecommunications equipment or services,” the Offeror shall provide the following information as part of the offer:

(1) A description of all covered defense telecommunications equipment and services offered (include brand or manufacturer; product, such as model number, original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable).

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

(3) For services, the entity providing the covered defense telecommunications services (include entity name, unique entity identifier, Page 10 of 11W50S6X-23-Q-0012 and Commercial and Government Entity (CAGE) code, if known).

(4) For equipment, the entity that produced or provided the covered defense telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).

(End of provision)

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.

As prescribed in 204.2105 (c), use the following clause:

PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICES

(JAN 2023)

Definitions. As used in this clause -- “Covered defense 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) Telecommunications services provided by such entities or using such equipment; or

(3) Telecommunications equipment or services produced or provided by an entity that the Secretary of Defense reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

“Covered foreign country” means --

(1) The People's Republic of China; or

(2) The Russian Federation.

“Covered missions” means --

(1) The nuclear deterrence mission of DoD, including with respect to nuclear command, control, and communications, integrated tactical warning and attack assessment, and continuity of Government; or

(2) The homeland defense mission of DoD, including with respect to ballistic missile defense.

“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).

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

(b) Prohibition. In accordance with section 1656 of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91), the contractor shall not provide to the Government any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless the covered defense telecommunication equipment or services are covered by a waiver described in Defense Federal Acquisition Regulation Supplement 204.2104 .

(c) Procedures. The Contractor shall review the list of excluded parties in the System for Award Management (SAM) at https:// www.sam.gov for entities that are excluded when providing any equipment, system, or service, to carry out covered missions, that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless a waiver is granted.

(d) Reporting.

(1) In the event the Contractor identifies covered defense 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, the Contractor shall report at https://dibnet.dod.mil the information in paragraph (d)(2) of this clause.

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

(i) Within 3 business days 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 number, manufacturer part number, or wholesaler number);

item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 30 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

Page 11 of 11W50S6X-23-Q-0012 or submission of a covered defense 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), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products or commercial services.

(End of clause)

Attachments

Attachment 01 - SCIF Door Statement of Work W50S6X23Q0012

Funds Available

Funds Not Currently Available

“Funds are not presently available for this acquisition. No contract award will be made until appropriated funds are made available.”