innovative virtual reality station ii

19
Innovative Virtual Reality Station II RFQ # 10121597 GSO Contracting & Procurement US Embassy Jerusalem

Upload: others

Post on 07-Dec-2021

5 views

Category:

Documents


0 download

TRANSCRIPT

Page 1: Innovative Virtual Reality Station II

Innovative Virtual Reality

Station II

RFQ # 10121597

GSO Contracting & Procurement US Embassy Jerusalem

Page 2: Innovative Virtual Reality Station II

Jerusalem GSO Procurement RFQ # 10121597 US Embassy Jerusalem Innovative Virtual Reality – Station II

1

SECTION A - STATEMENT OF WORK

American Center Jerusalem (ACJ) Immersive American Experience Station II

Introduction The American Center Jerusalem (ACJ) requires a company to develop, create, implement, install, and train staff to use 21st century technology, platforms and requisite software to advance the Center’s goal of raising awareness about the United States (its history, democratic processes, civil rights challenges and successes, culture, people, landscapes, values, iconic memorials and monuments, etc.). The ACJ seeks the creative services of a company with developing and using innovative technology to complement, deepen, and expand the ACJ’s current Immersive Americana (virtual reality) Experience: We the People. The primary, although not exclusive, audience for this IAE Station II is high school students, members of the non-governmental organizational community, and the ACJ’s Israeli contacts/audiences. These interactive innovative technological engagements may be individual or group and come either prior to or after the users experience the IAE. Additionally, and to provide material for ambitious educators and students to continue exploring their curiosity about the United States, the company will develop a mobile app for use outside the ACJ premises. In its complementary format to the IAE, this innovative technology will be used during the ACJ’s public hours, currently Sunday through Thursday, 9:00 a.m. to 9:00 p.m. at the ACJ predominantly in its Multi-Purpose Room (MPR). I. Contractor Requirements PHASE I: CREATE & DEVELOP 1. The contractor will, through consultations with ACJ staff, create and develop a

complementary engagement using innovative technology that develops in further depth and breadth aspects of and concepts presented in the five existing vignettes/scenarios presented in the virtual reality IAE experience:

1) The majestic beauty of the American landscape. 2) The country’s foundational documents. 3) Rebuilding after the Civil War. 4) Ruby Bridges New Orleans school as she integrated it. 5) American diverse voices.

The goal of this complementary engagement with the same audiences is to broaden and deepen their understanding of the United States, its historical trends, and the democratization process that have influenced its development. Segueing from these five vignettes, the Station II part of the IAE will focus on the expansive landscape and geographical diversity and beauty of the United States, the way in which founding fathers and mothers framed and

Page 3: Innovative Virtual Reality Station II

Jerusalem GSO Procurement RFQ # 10121597 US Embassy Jerusalem Innovative Virtual Reality – Station II

2

shaped democracy, the trajectory from civil war to civil rights, and the definition and opportunities of democracy that promote the exploration of civic engagement, responsibility, and shaping the future.

2. The contractor will create a low maintenance, engaging, and interactive experience through software that is accessed by audiences through easy-to-use innovative hardware that will be purchased later, with the recommendation made by the contractor.

3. In addition to the in-ACJ engagement, the contractor will develop a mobile app that, while

not detracting from the material and information provided by the Station II engagement, will permit curious students and educators to continue their quest for further understanding about the United States beyond the in-person ACJ visit.

4. The contractor will provide maintenance of the software and the app throughout the first year

in order to ensure quality control and advise concerning hardware use.

5. The contractor will create the Station II experience using software capable of periodic updates and changes in order to refresh and provide new immersive experiences over time and for additional cost, as appropriate.

6. Of particular focus for the immersive experience is American democracy, history, landscape,

and culture. The Station II technology – the in-ACJ platform as well as the outside the ACJ app – builds upon this.

7. The contractor will develop and provide a program/platform and make recommendations for

– although not necessarily purchase – the recommended hardware so that between six to twelve users can experience Station II while another six to twelve users will experience Station I (the IAE). A third station for a different group of six to twelve users establishes a round-robin type experience for 30 to 35 users to simultaneously participate in the ACJ’s in-house program.

8. After the recommended hardware is purchased, the contractor will develop and install

software/platform in three languages (Hebrew, Arabic, and English) onto said hardware. Competition for and purchase of the hardware required for Station II will be advertised in a separate RFQ, as necessary.

9. The contractor will create and develop an interactive gamified experience with all the incentivization of a leaderboard and social media interactions within the immersive experience that engage the individual and the audiences. The interactive Station II develops the American concepts through storytelling, competitive activities, and participant engagement. The engagement will either allow the players to have interactions with game objects that engage them with and in the story and/or influence the way in which the story unfolds. Building on the IAE animation and use of the eagle as story narrator, the Station II experience will use the eagle to carry on and develop the storyline. Gamification tools will

Page 4: Innovative Virtual Reality Station II

Jerusalem GSO Procurement RFQ # 10121597 US Embassy Jerusalem Innovative Virtual Reality – Station II

3

be integrated, as appropriate, throughout the in-ACJ experience as well as in the outside the ACJ app.

10. The contractor’s timeline plans for the equipment, program, and app to be delivered between

eight and ten months from the date the funding is made official. The contractor will make the recommendation concerning the purchase of the hardware approximately four months into the eight-to-ten-month software development process. The contractor will provide monthly progress reports during the period of creation and development which shall not exceed four months. The contractor will continue the various stages over the nine-to-ten-month period, reporting throughout, to the conclusion of the project.

11. Training of staff on the use of the platform/app will not exceed two months beyond the time when the hardware is purchased, and the program/software is installed on it. Assuming the timely arrival of the hardware, the installation and training phase will conclude approximately two to four months afterwards. It is anticipated that, from the signing of the contract to Station II being operational in the ACJ, the project will span not longer than ten months.

12. The contractor shall provide training in English to non-technical ACJ staff as well as support,

as needed, for the first year.

PHASE II: INSTALLATION & TRAINING 1. The contractor will recommend the hardware on which s/he will install the Station II program

and additional funds will be used to purchase it. The hardware will be secured in a location/cabinet to be determined by ACJ staff.

2. The contractor will maintain the program (preferably with a time-bound warranty of a

minimum of a year) and ensure its functioning to the extent possible.

3. The contractor will complete the installation within two months after the completion of the four-month period to create and develop the experience.

4. English training of the ACJ’s non-technical staff will continue as needed throughout the first

year from the time the installation is completed.

5. The contractor will maintain the software and hardware, managing quality control, for a period of one year after the completion of the installation.

Page 5: Innovative Virtual Reality Station II

Jerusalem GSO Procurement RFQ # 10121597 US Embassy Jerusalem Innovative Virtual Reality – Station II

4

II. Government-Furnished Property, Material, Equipment, or Information The contractor will advise the ACJ staff about what hardware/equipment is required both for the installation and use of the Station II program and may, if advised, make the requisite purchases with supplemental funds. This hardware/equipment is likely to include, but is not limited to, for instance: 12 tablets or iPads, recommendation for which will take place after the concept definition, the script development, and the concept art is completed. This will be during the fourth and fifth months.

III. Tasks Required

Task Number

Work Milestones

1 Contractor is responsible for developing and creating an immersive experience that utilizes iconic American images and provides a user-friendly, accessible, and safe experience of American history, values, and democracy that expands and deepens concepts presented in the virtual reality Immersive Americana Experience.

2 Contractor is responsible for elements that include: pre-production; research and script writing; design and animation, as appropriate; backend and front end application development; sound design and music; voice over recordings in English, Hebrew and Arabic; interior design and fabrication; project management and, once the equipment purchased/provided, installation of the program onto the hardware.

3 Contractor is responsible for installation and staff training. 4 Contractor is responsible for system maintenance (over a time-bound

period). The US Embassy reserves the right to change or cancel working hours without prior notice based on security, administrative, financial, or other considerations.

Page 6: Innovative Virtual Reality Station II

Jerusalem GSO Procurement RFQ # 10121597 US Embassy Jerusalem Innovative Virtual Reality – Station II

5

SECTION B – PRICING

I. PRICING TABLE

Item Description Quantity / Month Unit Cost Cost in NIS

PHASE I – CREATE & DEVELOP

1 Pre-production, storyboard, mood-board, character pages, research & script

1 month

2

3D character design & animation, hard surface 3D modeling & animation, application development, sound design & music

3 months

3 Backend development, interior design & fabrication 2 months

4 Director/producer fee 5 months

PHASE II – INSTALLATION & TRAINING

5 Project management 7 months

6 Training 2 months TOTAL VAT 17%

GRAND TOTAL

Page 7: Innovative Virtual Reality Station II

Jerusalem GSO Procurement RFQ # 10121597 US Embassy Jerusalem Innovative Virtual Reality – Station II

6

II. CONTRACTOR’S CERTIFICATION

CONTRACTOR’S INFORMATION

Office Name

Address

DUNS #

NCAGE #

Email

Office Tel #

Mobile # Authorized Signatory

Name

Position Title

Signature

Date

Page 8: Innovative Virtual Reality Station II

Jerusalem GSO Procurement RFQ # 10121597 US Embassy Jerusalem Innovative Virtual Reality – Station II

7

SECTION C – CONTRACT ADMINISTRATION

1. Program Officer The US Embassy shall assign a Program Officer (PO) to oversee the progress and development of the project. The PO will meet with the Contractor on regular basis to review progress of the work, identify problems or risks and ensure that the project is completed on time and within allocated budget. The PO has no authority to change the terms or conditions of this contract. 2. Type of Contract: This will be a Firm Fixed Price contract. 3. Invoicing and Paying Instructions The Contractor shall submit the original invoice by email to the following Financial Management Office designated billing address:

[email protected] &

[email protected] The PO will determine if the invoice is complete and proper as submitted. The PO also will determine if billed services have been satisfactorily performed. If the amount billed is incorrect, the PO will, within seven days, request the Contractor to submit a revised invoice. Payment shall be processed via electronic funds transfer (EFT) after final acceptance by the COR. The Contractor will be paid based on the actual services provided and received by the Embassy.

4. Project Manager The Contractor shall assign a Project Manager that is able to converse and writes in English. The designated person shall be the direct liaison with the PO concerning all work related to this contract. It shall be the Project Manager’s task to direct, schedule, supervise, inspect and test the work under this contract. 5. Timeline schedule The Contractor shall provide a clear timeline schedule showing when work will be performed from the date of contract award to the installation date.

Page 9: Innovative Virtual Reality Station II

Jerusalem GSO Procurement RFQ # 10121597 US Embassy Jerusalem Innovative Virtual Reality – Station II

8

SECTION D – QUOTATION & EVALUATION FACTORS A. Pre-quotation Conference The Embassy intends to conduct a pre-quotation conference on Wednesday, August 18, 2021 at 10:00 am. Conference will be held at the American Center, on 19 Keren Hayesod Street, Jerusalem. Interested bidders are requested to send the names and ID numbers of the persons who will attend the conference, by email to [email protected], with “RFQ # 10121597 – Immersive Americana Experience - Station II” in the subject of your email, no later than close of business on Monday, August 16, 2021. B. Submission of Quotations Quotations shall be submitted on or before close of business on Friday, August 27, 2021 to the Contracting Office by email to the following email ONLY: [email protected]. No quotation will be accepted after this time. You are encouraged to make your quotation competitive. You are also cautioned against any collusion with other potential offerors with regard to price quotations to be submitted. The RFQ does not commit the American Embassy to make any award. The Embassy may cancel this RFQ or any part of it. Each quotation must consist of the following: Volume 1: Pricing offer - shall contain completed and signed pricing table and Contractor’s information (Section B). Volume 2: Technical offer - shall contain:

1. The name and CV of a project manager who understands written and spoken English and who will be the main liaison with the Embassy. The contractor shall list all other core staff members who will work on this project;

2. Evidence that the quoter operates an established business with a permanent address and

telephone listing;

3. List of clients over the past 2 years, demonstrating prior experience with relevant past performance information and references (provide dates of contracts, places of performance, value of contracts, contact names, telephone and email addresses). Quoters

Page 10: Innovative Virtual Reality Station II

Jerusalem GSO Procurement RFQ # 10121597 US Embassy Jerusalem Innovative Virtual Reality – Station II

9

are advised that the past performance information requested above may be discussed with the client’s contact person;

4. Evidence that the quoter can provide the necessary personnel, equipment, and financial

resources needed to perform the work;

5. The proposed timeline schedule taking into account all work elements and required due dates.

6. A plan of ensuring quality of services including but not limited to contract administration

and oversight.

7. Demonstrated and proven record and experience in creating and implementing immersive AR/VR/XR innovative experiences for diverse audiences.

8. Demonstrated and proven record of English training for non-technical staff at another institution where a similar-length and complexity immersive experience has been installed and is operational.

9. Provide examples of similar immersive projects and curriculum/plans for the non-technical staff English training program.

10. A proof showing that Contractor has already started the SAM registration process. SAM registration “System for Award Management” is required for contracts exceeding US$30,000.00. See exhibit A and the following link for further instructions: https://www.sam.gov/SAM/pages/public/help/samInternationalUserGuide.jsf

11. Contractor’s certification regarding the National Defence Authorization Act (NDAA) clauses (52.204-24, 52-204-25 and 52-204-26). See certification instructions in Exhibit B.

C. Evaluation of offers • Award will be made to the lowest priced, acceptable, responsible quoter. • The Embassy reserves the right to reject proposals that are unreasonably low or high in price. • The Embassy will determine contractor responsibility by analyzing whether the apparent

successful Quoter is found to be acceptable by having a Technical Evaluation Committee evaluate the technical offer submitted.

Page 11: Innovative Virtual Reality Station II

Jerusalem GSO Procurement RFQ # 10121597 US Embassy Jerusalem Innovative Virtual Reality – Station II

10

EXHIBIT A

SAM REGISTRATION

The Federal Acquisition Regulation (FAR) - Clause # 52.204-7 - requires all contractors to be registered in the System for Award Management “SAM” database. Registration in SAM is mandatory prior to signing any contract that exceeds $30,000. As we would like to continue working with you in the near future, we suggest that you start the registration process ASAP as this requirement is time consuming.

The registration process starts with obtaining a DUNS number and a NCAGE code. You should be prepared to provide the following information:

(i) Company legal business. (ii) Tradestyle, doing business, or other name by which your entity is commonly recognized. (iii) Company Physical Street Address, City, State, and ZIP Code. (iv) Company Mailing Address, City, State and ZIP Code (if separate from physical). (v) Company Telephone Number. (vi) Date the company was started. (vii) Number of employees at your location. (viii) Chief executive officer/key manager. (ix) Line of business (industry). (x) Company Headquarters name and address (reporting relationship within your entity).

If a contractor does not become registered in the SAM database in the time prescribed by the

Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered contractor.

If you have any questions during the registration process, you will need to contact the Customer

Service for SAM by registering or contacting the following website:

Federal Service Desk URL: www.fsd.gov Hours: 8am - 8pm (Eastern Time) US Calls: 866-606-8220 International Calls: 334-206-7828 DSN: 866-606-8220

Page 12: Innovative Virtual Reality Station II

Jerusalem GSO Procurement RFQ # 10121597 US Embassy Jerusalem Innovative Virtual Reality – Station II

11

EXHIBIT B

NDAA CERTIFICATION

The US Embassy must comply with Section 889(a)(1)(B) of the FY2019 National Defense Authorization Act and is prohibited 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 a waiver is granted.

As defined in statute, covered telecommunications equipment or services means the following: telecommunications equipment produced by Huawei, ZTE, Hikvision, Dahua, and Hytera, or their subsidiaries or affiliates.

Contractor’s Certification: Contractor’s certification in response to the National Defence Authorization Act (NDAA) clauses (52.204-24, 52-204-25 and 52-204-26) – the prohibition on contracting for certain Telecommunications and Video Surveillance Services or Equipment:

By affixing your authorized signature in Section II and submitting this certification, the undersigned certifies that neither it, it’s principals nor affiliates, will be supporting the US Embassy using the proscribed equipment or services.

FAR CLAUSES INCORPORATED IN FULL TEXT:

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it “does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument” in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items.

(a) Definitions. As used in this provision-

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

Page 13: Innovative Virtual Reality Station II

Jerusalem GSO Procurement RFQ # 10121597 US Embassy Jerusalem Innovative Virtual Reality – Station II

12

(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) Representations. 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

Page 14: Innovative Virtual Reality Station II

Jerusalem GSO Procurement RFQ # 10121597 US Embassy Jerusalem Innovative Virtual Reality – Station II

13

(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—

Page 15: Innovative Virtual Reality Station II

Jerusalem GSO Procurement RFQ # 10121597 US Embassy Jerusalem Innovative Virtual Reality – Station II

14

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

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

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

(ii) For covered services— (A) If the service is related to item maintenance: A description of all covered

telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and

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

(End of provision)

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)

(a) Definitions. As used in this clause—

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

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

Covered telecommunications equipment or services means—

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

Page 16: Innovative Virtual Reality Station II

Jerusalem GSO Procurement RFQ # 10121597 US Embassy Jerusalem Innovative Virtual Reality – Station II

15

(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).

Page 17: Innovative Virtual Reality Station II

Jerusalem GSO Procurement RFQ # 10121597 US Embassy Jerusalem Innovative Virtual Reality – Station II

16

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

Page 18: Innovative Virtual Reality Station II

Jerusalem GSO Procurement RFQ # 10121597 US Embassy Jerusalem Innovative Virtual Reality – Station II

17

(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), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

(End of clause)

Page 19: Innovative Virtual Reality Station II

Jerusalem GSO Procurement RFQ # 10121597 US Embassy Jerusalem Innovative Virtual Reality – Station II

18

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES-REPRESENTATION (DEC 2019)

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

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

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

(End of provision)