127EAY21Q0011.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

7EAY

REDDING CA 96002

3644 AVTECH PARKWAY

USDA-FS CSA SOUTHWEST

9AJQ CODE 16. ADMINISTERED BYCODE

X

X

X

811118

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED OR7EAY

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

02/20/2021 1300 PT

02/04/2021

530-226-2408MATTHEW BILLHARDT

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

127EAY21Q0011

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 38 1023586OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

SUSANVILLE CA 96130

5TH AND OAK STS

LASSEN NF AUTO SHOP

USDA FOREST SVC

15. DELIVER TO

REDDING CA 96002

3644 AVTECH PARKWAY

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$8.00

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

USDA-FS CSA SOUTHWEST

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Delivery: 09/30/2021 Period of Performance: 03/01/2021 to 09/30/2021

0001 Purchase and installation of Utility Bed and Fire 1 EA Command Build-up on WCF EN4338, Dozer Tender 4

(DT4)

0002 Purchase and installation of Utility Bed and Fire 1 EA Command Build-up on WCF EN4380, Dozer Tender 1 Continued ...

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

REBECCA WILCOX

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

(DT1)

0003 Purchase and installation of Utility Bed and Fire 1 EA

Command Build-up on WCF EN3128, Dozer Tender 2

(DT2)

FOB: Destination

0004 Purchase and installation of Utility Bed and Fire 1 EA

Command Build-up on WCF EN3129, Dozer Tender 3

(DT3)

FOB: Destination

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

38 2 of

2 - Section 2 3 - Statement of Work/Specifications 4 - Section 4

2 - Section 2

52.204-13 System for Award Management Maintenance. (OCT 2018)

52.204-18 Commercial and Government Entity Code Maintenance. (AUG 2020)

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.

(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)

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020)

52.212-4 Contract Terms and Conditions - Commercial Items. (OCT 2018)

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders - Commercial Items. (NOV 2020)

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (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: (Contracting Officer check as appropriate.)

[ ] (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 (NOV 2020) (15 U.S.C.

644).

[ ] (ii) Alternate I (MAR 2020) of 52.219-6.

[ ] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C.

644).

[ ] (ii) Alternate I (MAR 2020) of 52.219-7.

[ ] (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)(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

[ ] (ii) Alternate I (MAR 2020) of 52.219-13.

[ ] (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 Service-Disabled Veteran-Owned Small Business Set-Aside (MAR 2020) (15 U.S.C. 657f).

[ ] (22)(i) 52.219-28, Post-Award Small Business Program Rerepresentation (NOV 2020) (15 U.S.C. 632(a)(2)).

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

[ ] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (MAR 2020) (15 U.S.C. 637(m)).

[ ] (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (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)).

[ ] (26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15 U.S.C. 637(a)(17)).

[X] (27) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

[ ] (28) 52.222-19, Child Labor-Cooperation 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.

[ ] (31)(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

[ ] (ii) Alternate I (JUL 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 (JUL 2014) of 52.222-36.

[ ] (33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

[ ] (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 (OCT 2020) (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). (E. O. 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 (JUN 2016) (E.O. 13693).

[ ] (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

[ ] (40)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

[ ] (ii) Alternate I (OCT 2015) of 52.223-13.

[ ] (41)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

(ii) Alternate I (JUN 2014) of 52.223-14.

[ ] (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).

[ ] (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

[ ] (ii) Alternate I (JUN 2014) of 52.223-16.

[X] (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

[ ] (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

[ ] (46) 52.223-21, Foams (JUN 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).

[ ] (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 (OCT 2016) (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).

[ ] (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)).

[X] (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).

[ ] (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: (Contracting Officer check as appropriate.)

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

[X] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[ ] (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[ ] (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

[ ] (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (MAY 2014) (41 U.S.C. chapter 67).

[ ] (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) (41 U.S.C. chapter 67).

[X] (7) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020).

[X] (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 Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) of this paragraph 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). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(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 (OCT 2020) (22 U.S.C. chapter 78 and E.O. 13627).

[ ] (B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(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) (E. O.

12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020).

(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 (OCT 2016) (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.

(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)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (DEC 2013)

3 - Statement of Work/Specifications

USDA Forest Service Specification: Dozer Tender Vehicle

Specification Type: Utility body and Command Build-up

SCOPE OF WORK/SPECIFICATIONS

USDA Forest Service Fleet Management is seeking to establish a Firm-Fixed Price contract to outfit four fire emergency support vehicles (dozer tender) that shall adhere to Region 5 and National Fire equipment standards.

This contract will be for the Sierra Cascade Province, which consists of the Lassen, Modoc and Plumas National Forests and will include a total of four F450's. Two of them have been received by the agency and two were recently ordered and should be received within 6 months.

The government is seeking a contractor able to supply and install all components (other than government furnished) in accordance with Forest Service specifications. The contractor shall perform the installation within a reasonable traveling distance from Susanville and/or Quincy in order for the government to supply the vehicles and inspect the services. A single award is anticipated but up to two awards may be made.

The awarded Contractor shall perform the required work items in accordance with the manufacturer(s) specifications using commercial practices in a professional and workman-like manner. Successful fulfillment of all contract requirements will ensure that the correct items are installed safely and perform as required. Skill in integration of all components for potential use simultaneously is important.

Additionally, skill in minimizing changes to the existing vehicle on installation is desired. All of the electrical components being installed shall be on a stand-alone system so as not to interfere with or void warranties from the vehicle manufacturer(s).

PERIOD OF PERFORMANCE

The contract will be effective from Date of Award to 09/30/2021.

CONTRACT TIME PER VEHICLE

Contract time authorized per vehicle is to be no more than 30 calendar days. However, contract time shall be negotiated and is an evaluation factor in this solicitation. Contract time per vehicle will be established at time of award and will be the standard unless changed in writing by the government.

DELIVERY AND PICKUP

The Government will pick-up and deliver all vehicles to the contractor's designated service location.

INSPECTION AND ACCEPTANCE

The Government may perform periodic inspections of new vehicle outfitting during the installation process. Inspection and acceptance will occur at the contractor's service location.

Inspections performed by Government personnel are for purposes of payment authorization only. The Contractor is responsible for self-inspection and maintaining work to the standards required in the specifications.

WORK STANDARDS

The Contractor shall exercise care in work methods to prevent damage to any vehicle submitted to them under this contract.

All work under this contract shall be performed in a skillful and workmanlike manner. The Contractor shall be responsible for maintaining satisfactory standards of employee competency and conduct, and shall be responsible for taking such disciplinary action with respect to their employees as may be necessary.

Workmanship and Product Warranty The contractor shall provide at a minimum a one-year warranty on installation of new components, wiring, connectors and decals that were installed for defect(s).

GENERAL

The utility body described in this specification shall be mounted on Government furnished cab and chassis.

Government furnished cab and chassis shall be picked up by the apparatus manufacturer at designated locations. The apparatus manufacturer shall be liable for all loss and damage to Government furnished cab and chassis until completion and final acceptance of work and returned to the Government.

This is a minimum specification. Additional requirements such as utility body suspension and body/chassis protection requirements may be specified by the Government.

BRAND NAME OR EQUIVALENT PRODUCTS

Products equivalent to the brand name components specified herein shall be approved in writing by the government prior to contract award and documented in the resultant contract.

CHASSIS ELECTRICAL REQUIREMENTS

MASTER BODY DISCONNECT SWITCH

One (1) master body disconnect switch shall be provided in the cab. The switch shall be rated for 175 amps continuous duty and 800 amps intermittent duty. The switch shall be labeled "ON/OFF" and shall be located on the floorboard to the left side of the driver's seat. It shall be placed as far aft as possible to prevent accidental actuation. The exposed terminals shall be protected from damage and inadvertent contact. When in the "OFF" position, all electrical power to the apparatus fire package shall be off. Power to the chassis shall remain separate from this switch. A Cole Hersee, Model #M-2484-16, with Model #82065 switch plate "ON/OFF" label meets this requirement.

BACK UP ALARM

One (1) solid state back up alarm shall be provided at the rear of the apparatus, protected from impact and debris. The back-up alarm shall be wired to the reverse circuit of the transmission, and shall provide an audible alarm to the rear of the apparatus when reverse gear is selected. The alarm shall have a volume of 87 to 112 dBA while in operation.

MAP LIGHT

One (1) flexible goose neck map light shall be provided on the officer's side of the cab center console. The switch for the map light shall be located on the light and shall include a diffuser to prevent glare at night.

ANTENNA

One (1) antenna NMO Type ¾" brass mount with rain cap installed shall be supplied and mounted on the cab roof as specified. The antenna cable shall be routed to the cab interior, terminating at location of radio mounting bracket.

RADIO PRE-WIRE

The chassis cab interior shall be wired with battery 12V DC power, battery ground, OEM ignition switched power, and radio rebroadcast wires to the siren or PA, and labeled to simplify USFS radio installation.

TRAFFIC WARNING SYSTEMS

The following traffic warning systems shall be provided and installed on the completed apparatus by the apparatus builder:

SPEAKER

One (1) 100 watt siren speaker shall be provided and installed in a protected forward facing location. The wiring for the speaker shall be routed to the electronic siren controller. A Federal Signal model MS100 siren speaker meets this requirement.

LIGHT BAR

One (1) 55" LED light bar shall be provided and installed on the forward leading edge of the rear cab rack, facing forward. The light bar configuration shall consist of:

Four (4) corner position red flashing modules with red lens Two (2) forward facing white takedown modules with clear lens Two (2) forward facing amber flashing modules with amber lens Two (2) center position, forward facing, steady red modules with red lens Two (2) alley lights (one (1) each side of light bar) Two (2) rear facing scene lights

A traffic advisor shall be installed into the rear facing portion of the light bar. The traffic advisor shall consist of five (5) amber lamps.

The red lights in the light bar shall be wired to the "Emergency Master" switch located on the cab center console. A Whelen brand light bar or equivalent shall be installed.

LOWER FRONT WARNING LIGHTS

Two (2) red LED warning lights, with mounting flanges, shall be provided at on the front of the vehicle, forward facing, one (1) per side, in the brush guard. The lights shall be wired to the "Emergency Master" switch located on the cab center console. A Whelen brand, 500 Series red LED flasher or equivalent shall be installed.

FORWARD WARNING LIGHTS

Two (2) red LED warning lights, with mounting flanges, shall be provided on the front corners of the apparatus chassis, side facing, one (1) per side. The lights shall be programmed in a triple flash mode. The lights shall be wired to the "Emergency Master" switch located on the cab center console. A Whelen brand, 400 Series red LED flasher or equivalent shall be installed.

AFT LOWER WARNING LIGHTS

Two (2) amber LED warning lights, with mounting flanges, shall be provided on the lower rear of the apparatus, rear facing, one (1) each side. The lights shall be located in the bottom position of a four-position bezel at the rear of the body with the DOT lights. The lights shall be wired to the "Emergency Master" switch located on the cab center console. A Whelen brand, 700 Series amber LED flasher or equivalent shall be installed.

VEHICLE MARKING-Government provided (SEE ATTACHMENT)

A 1" wide white retro-reflective stripe centered on a 4" green reflective stripe shall be provided and installed horizontally on both the chassis cab and body. The stripe shall be placed as high as possible on the vertical surfaces on the sides of the chassis tilt hood and shall run the full length of the apparatus at that height. The green stripe shall run continuous. One (1) break shall be provided in the white stripping on either side of the apparatus body, approximately over the rear wheel centerline. The ends of the white stripe shall be sloped on a forward slant at approximately 45 degrees on either side of the break.

A 1" wide retro-reflective stripe centered on a 4" green reflective strip shall be provided and installed horizontally on the tailgate.

Block style lettering, fabricated from retro-reflective material, shall be provided and installed on the apparatus as follows:

The word "FIRE", in 3-3/4" tall white letters, shall be applied on the 4" green reflective stripe, both sides, centered in the 45 degree angled break of the1" white reflective stripe on the compartment doors, over the rear wheels.

The unit designator and equipment designator (Example:CA-PNF-DT1) in 6" tall black letters, shall be provided, on the compartment door(s) above the 4" green stripe, on each side of the apparatus body.

The unit designator, in 4" tall white letters, shall be provided centered on the forward-facing swept back portion of the front bumper on the passenger's side, and the equipment designator, in 4" tall white letters, shall be provided centered on the forward-facing swept back portion of the front bumper on the driver's side.

The forest designator (part of the unit designator; example: PNF) and equipment designator, in non-reflective black block letters, shall be provided on the cab roof. The letters shall be sized appropriately allowing for maximum size given the roof area.

The unit designator, in 4" black letters, shall be provided on the outward surface of the tailgate on the driver's side. The equipment designator, in 4" black letters, shall be provided on the outward surface of the tailgate on the passenger's side.

The apparatus manufacturer shall install Government-supplied door decals in their entirety (FOR OFFICIAL USE ONLY, US GOVERNMENT, 10" shield and vehicle number) below the horizontal stripe on the forward chassis cab doors. There shall be no break in the stripe on the chassis cab doors.

CHASSIS ADDITIONS AND MODIFICATIONS

The following additional equipment shall be installed on, and modifications performed to, the specified cab and chassis by the apparatus manufacturer:

SEAT BELT WARNING

A warning label, stating: "DANGER- Personnel Must Be Seated And Seat Belts Must Be Fastened While Vehicle Is In Motion Or DEATH OR SERIOUS INJURY MAY RESULT", shall be provided in the apparatus cab interior. This label shall be located so that it is visible from all seating positions.

AIR FILTER EMBER PROTECTION SCREEN WARNING

A warning label, stating: "This apparatus is equipped with an air filter ember protection screen;

routine inspection is required" shall be provided and installed in the apparatus cab interior. This label shall be located so that it is visible from the driver's seating position.

CAB CONSOLE

The cab shall be equipped with an angled front, form-fitted control console located between the front driver's and officer's seats. This console shall be sized to accommodate the installation of a switch panel for the control of the emergency and general illumination lighting, siren controller, traffic advisor control head, and customer-mounted radios. The switch panel shall consist of a five (5) switch multiplex module with lighted switches. The switch module shall have back lighted identification plates on a non-glare panel surface. The switch panel shall be illuminated whenever the master switch is in the "ON" position. Panel light brightness shall dim automatically via the multiplexing system when the chassis headlights are turned

on. The cab console shall be fabricated from steel, and painted with a powder-coated black finish.

The following controls and switches shall be positioned from forward to aft on the center console as follows:

One (1) flexible map light One (1) faceplate and pre-wiring for Government-mounted Bendix King radio Two (2) mic clip brackets, mounted on driver's side One (1) switch panel with five (5) switches One (1) traffic advisor control head One (1) 2 position cup holder One (1) 4 position 12V power outlet One (1) 6 inch storage compartment One (1) RED low battery indicator light

The switch panel shall contain a total of five (5) switches with pilot lights, numbered and function labeled, configured from left to right as follows:

1- EMERGENCY MASTER

2-TAKE DOWN

3- SCENE LIGHTS

4- LEFT ALLEY

5- RIGHT ALLEY

FRONT BUMPER WITH BRUSH GUARD

A heavy duty black powder coated finish bumper and brush guard assembly shall be provided and installed on the front of the apparatus. The complete assembly shall follow the chassis body lines and encompass the perimeter of the chassis front. The complete assembly shall be of such design that the guard will not vibrate, and shall provide a solid mounting area for warning lights, speakers, or other specified equipment.

The bumper shall accommodate the OEM driving lights.

REAR BUMPER

The rear bumper shall be a minimum of 3" tall by 8" deep and extend across the width of the apparatus body. The bumper shall be fabricated from heavy duty steel tubing, and shall be painted black. The top of the bumper shall be perforated skid resistant surface or NFPA compliant skid resistant tread plate surface.

The bumper shall protect the apparatus body.

The rear bumper design and installation shall be such to provide for a minimum departure angle of 20 degrees.

BUG SCREEN

A bug screen shall be installed in the front grill to help protect the radiator from damage or blockage caused by insects and small pieces of road debris. The screen shall be 8 x 8 mesh size (60% opening); 0.097" opening and 0.028" diameter wire mesh and shall not restrict air flow to the chassis cooling system.

MUD FLAPS

One (1) pair of flexible rubber mud flaps shall be provided on both sides of the apparatus body behind the rear wheels. The mud flaps shall not bear company logo.

The mud flaps shall extend down far enough to be effective but shall not allow the flaps to become entangled with the rear tires when the apparatus is backing up.

EXHAUST SYSTEM

The exhaust system shall extend beyond the exterior of the body per OEM chassis recommendations. The exhaust system shall be mounted in a horizontal configuration under the passenger's side of the cab.

FUEL HOSE AND ELECTRICAL HARNESS PROTECTION

If applicable, any fuel lines or electrical harnesses below the chassis frame rails shall be protected with a fire proof sleeve designed specifically for such purpose.

CHASSIS AIR INTAKE EMBER GUARD

The chassis air intake shall be protected by an ember guard of 18 Mesh, 0.017 inch wire diameter, and a maximum mesh opening of 0.039 inches. The ember guard shall not decrease existing surface area. It shall be sized to fit, and located at the intake opening. The screen shall be readily accessible for inspection and maintenance.

CABIN AIR EMBER GUARD

The cabin air filter shall be protected by an ember guard with a maximum mesh opening of 0.039 inches.

The screen shall be located at the point of intake and easily accessible for inspection and maintenance.

CHASSIS COMPONENT PROTECTION

Aftermarket skid plates shall be installed to protect as a minimum the radiator system and the diesel emissions fluid (DEF) tank. The skid plates shall be constructed of powder-coated 1-inch diameter .095 minimum wall thickness tubular steel. Skid plates shall attach to existing chassis mounting points and shall be readily removable for maintenance. Baja Fabrication & Shock Works skid plates meet this requirement.

HITCH RECEIVER

A Class IV frame-mounted 2" hitch receiver shall be provided. The receiver shall not reduce the angle of departure.

TRAILER ELECTRICAL CONNECTION

A 7-way round pin trailer connector shall be provided at the rear of the apparatus in proximity to the hitch receiver. Chassis OEM provided electrical connections shall be utilized for the connector.

UTILITY BODY

UTILITY BODY

Knapheide 7108D54 or equivalent

FUEL TRANSFER TANK

A fuel transfer tank shall be installed on the deck, against the forward vertical wall of the utility bed.

The system shall consist of a nominal 90 gallons of diesel. The tank shall have a dedicated electric pump, filter/meter, vent, filler neck, cap, hose and nozzle. The system shall meet all applicable US Department of Transportation requirements.

The system shall be arranged with the fuel pump and fill nozzle on the outboard side of the tank and rear facing. The tank shall be clearly labeled with the fuel type. All fuel pump components and plumbing shall be supported properly with brackets.

A Transfer Flow Inc. fuel transfer system meets these requirements.

FOLD DOWN STEPS

Two (2) NFPA-compliant fold down steps shall be provided and installed on the front bulkhead of the apparatus to allow access to the fuel nozzle, one (1) on each side of the body. The steps shall be fabricated from heavy duty cast aluminum with spring assisted folded hinges. The top of the steps shall be an integral diamond point skid resistant surface that allows water to flow off the step without ice formation in cold weather use. The vertical distance from the ground to the step shall not exceed 28 inches.

CARGO TIE-DOWNS

Four (4) in-deck tie-down D-rings shall be installed flush with the utility body deck, in the four corners of the remaining deck space. Each tie-down shall have a load capacity of 2500 lbs. minimum. Cargo tie-downs are not required with the installation of slip-on pump.

DECK NON-SKID COATING

The utility body deck shall have a protective/non-skid coating applied, black in color. The non-skid coating shall be applied to the remaining deck space and up the sidewalls 6 inches high.

EVALUATION FACTORS

All responsible sources may submit a quotation which will be considered by the agency. The agency will make award based on the best value offer meeting the Government's needs, considering both price and non-price factors. Please see the FIVE (5) evaluation factors below:

- RELEVANT PAST PERFORMANCE: Past Performance is a measure of the degree to which an offeror has satisfied its customers, complied with contract terms and conditions in addition to applicable laws and regulations. The Government may contact individuals and firms that you have performed services for, to evaluate your experience and past performance record.

-SERVICE LOCATION: Service locations closer to required service location (Susanville and/or Quincy) will receive a higher rating because less government time will be needed to perform inspections and delivery and pickup equipment. Please provide the address of your service location.

-INSTALLATION TIME: Installation time is to be no more than 30 calendar days per vehicle. Vendors proposing a shorter installation time from receipt of order shall receive a higher rating. This proposed installation time shall become contract time per vehicle in the resulting contract.

-WORKMANSHIP AND PRODUCT WARRANTY: Contract clauses provide for warranty of installation of new components, wiring, connectors and decals shall be no less than 1 year. However, a longer warranty time is desirable and will receive a higher rating. Additionally, if the quote is acceptable the warranty period proposed will become the warranty period for the resulting contract.

-PRICE

Please submit all offers to matthew.billhardt@usda.gov, and request a confirmation of receipt.

4 - Section 4

52.204-7 System for Award Management. (OCT 2018)

52.204-16 Commercial and Government Entity Code Reporting. (AUG 2020)

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. (OCT 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 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 Items. 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 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…