20Q0299 Commercial Solicitation.docx

N6893620Q0299

Section A - Solicitation/Contract Form

CLAUSES INCORPORATED BY FULL TEXT

FOR YOUR INFORMATION:

The following addresses and points of contact are provided:

Name: Jimmie Cannon Cell: (760)793-4294 Comm: (805) 989-4886

DSN: 351-4886

Email address: jimmie.l.cannon1@navy.mil

VENDOR QUESTIONS:

1) CAGE Code:

2) DUNS #:

3) GSA Contract # and expiration date (if applicable):

4) What is the preferred shipping point, Destination or Origin? If Shipping Point is Origin, what is the estimated shipping cost:

5) Payment Terms shall be NET 30 days.

6) Business Size:

7) Company's Address:

8) Country where items are made:

9) Country where items are shipped from:

10) Estimated Delivery Date or Period of Performance:

11) Warranty? If so, what is the length?

12) The Purchase Order will be written under the terms and conditions governed by the Federal Acquisition Regulations (FAR), Department of Defense FAR Supplement (DFAR), and the Simplified Acquisition Procedures for commercial/non-commercial items/services. State you agree to these terms:

13) Invoicing and payment will be made thru Wide Area Workflow (WAWF). As of October 1, 2007 it became mandatory to be registered in order to process any government procurement. If you are not registered please take a moment to do so at https://wawf.eb.mil/. Please state that you are registered:

*APPLE PRODUCTS WILL NOT WORK WITH INVOICING THROUGH WAWF/IRAPT SYSTEM

PRICE JUSTIFICATION:

14) Pricing - are these items on a commercial published, on-line, or internal price list? (If so please provide a copy)

15) If available on a price list provide date and page number.

16) If not available on price list please provide information on how pricing is determined: (example: item cost + %):

17) If your business is other than small are there any small business distributors for your products:

Section B - Supplies or Services and Prices

VX31 Safespill Fire Suppression System

FFP

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

FOB: Destination

FUNDED AMOUNT

FFP

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

FUNDED AMOUNT

Section C - Descriptions and Specifications

STATEMENT OF WORK

STATEMENT OF WORK (SOW)

FOR

NAWCWD

EARTHQUAKE RECOVERY

RELOCATEABLE FIRE SUPPRESSION SYSTEM

VX-31 TENSION FABRIC HANGARS (TFHs)

CHINA LAKE, CA (D7J00339)

10 JULY 2020

1.0 SCOPE / BACKGROUND

1.1 On the 4th and 5th of July 2019, the Naval Air Weapons Station (NAWS), China Lake, CA and all tenants aboard experienced two powerful earthquakes with a magnitude of 6.4 and 7.1, which severely crippled much of the facility infrastructure located aboard the Installation. As a result, from the earthquakes the President on 8 July 2019 approved an Emergency Declaration, under the authority of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the “Stafford Act”) for the state of California. Both earthquakes damaged the VX-31 hangar beyond use resulting in the procurement of two (2) TFHs. However, the TFHs cannot facilitate aircraft maintenance operations without an installed fire suppression equipment. This procurement is to provide fire suppression equipment for two (2) VX-31 TFHs. The fire suppression equipment is a requirement by the Unified Facilities Criteria (UFC), Fire Protection Engineer (FPE), and the Authority Having Jurisdiction (AHJ) to protect personnel and materiel within the TFHs.

1.2 All delivered and installed fire suppression systems shall adhere to all applicable standards of the UFC, National Electric Code (NEC), Occupational Safety and Health Administration (OSHA), FPE, AHJ, General Industry Standards, State and Federal Codes, and all specified requirements documented within this SOW.

1.3 This requirement is a supply purchase of two “SafeSpill” floor systems as portable fire suppression systems in the TFHs and is not a construction requirement. Any incidental construction related to the install of the fire suppression system requires approval by the Contracting Officer (KO).

2.0 APPLICABLE DOCUMENTS

2.1 Throughout the life of the contract, if any instructions or document is replaced or superseded, the replacement of superseding instruction of document will be updated and applicable in this SOW. In the event of a conflict between the text of the SOW and the applicable documents cited herein, the NAWCWD Contracting Officer’s Representative (COR) shall provide a recommendation to the KO. The KO’s decision shall take precedence. Nothing in this SOW shall supersede applicable laws and regulations.

3.0 REQUIREMENTS

3.0.1 The Contracting Officer’s Representative will provide a delivery and final assembly site per the contractor’s anticipated delivery schedule.

3.0.2 Exclusions. All Government assistance outlined in the exclusions below shall be requested ten business days in advance of requirement:

The Government will provide grid power and connections as required that will interconnect to the fire suppression equipment.

The Government to provide forklift assistance for unloading.

The Government to provide electrical support (labor only) for control panel installation and wiring from control panel to electrical components as specified by Safespill Systems design.

The Government to provide pipefitter support (labor only) for piping installation as specified by Safespill Systems design.

The Government to provide placement of spill containment tank and water supply tank (labor and equipment to place tanks) as specified by Safespill Systems design.

3.0.3 The government will provide a site that is relatively level located on the concrete apron adjacent to and inside the tension fabric hangar(s) (TFHs).

3.0.4 The Contractor shall be responsible for immediately notifying COR and repairing damage to improvements.

3.0.5 Fire Suppression Equipment General Requirements:

1. Equipment shall be designed, delivered, and installed to provide fire suppression for two (2) TFHs.

2. Each TFH will house two (2) F-18 aircraft, multiple variants

3. TFH Dimensions: 150’ Wide x 90’ Long x 47” High with 25’ sidewalls.

a. Vinyl Shelter, Flame Retardant PVC sited on a relatively flat concrete apron.

4. Provide two (2) complete sets of each hardcopy manual and electronic files:

a. Two (2) Final Drawings and two (2) O&M Manuals

b. Shall be submitted in an electronic format agreed upon by both Government and Contractor

5. Provide on-site training for up to 8 personnel

6. Provide turnkey installation with the exclusions stated in 3.0.2.

7. Provide five (5) years of on-site annual inspections.

8. Coordination and consultation with NAVFACSW Fire Protection Engineer

9. Installer shall provide a combi-lift forklift certified to Navy standards and certified operators

3.0.6 Statement of Work-Deliverable

Deliver, install, test, and commission at NAWSCL, Armitage NAF two (2) “Safespill” Floor Systems and associated piping, pumps, tanks, and controls for installed in two (2) TFHs as described and resulting in a complete and useable mobile fire suppression system. Setup shall include all materials to include a complete and useable product.

Setup shall include all labor unless noted elsewhere in 3.0.2 Exclusions.

3.1 PERSONNEL

3.1.1 The contractor shall provide personnel at the Government site with the appropriate personnel security clearances for the work to be performed and meet the requirements of the OPNAVINST 5530.14D, Navy Physical Security. Access to (Unclassified) information is required in the performance of this contract and shall be in accordance with the DoD 5220.22-M, National Industrial Security Program Operating Manual (NISPOM), incorporating change 2, 18 May 2016, applicable DoD personnel security regulations, and DoD Contract Security Classification Specification (DD Form 254). The contractor shall maintain sufficiently cleared personnel to perform the tasks required by this SOW IAW the DD Form 254 and the contract. All contractor personnel shall possess the requisite security clearance, accesses, and need-to-know commensurate with the requirements of their positions. All work performed at the Government site will be performed by a U.S. company using U.S. persons (an individual who has been lawfully admitted for permanent residence as defined in Title 8 U.S.C § 1101(a)(20). Or who is a protected individual as defined by Title 8 U.S.C. § 1324b(a)(3).

3.1.2 The contractor personnel must be able to obtain base access. The contractor shall submit to the TPOC, the Department of the Navy Local Population ID Card/Base Access Pass Registration form (SECNAV 5512/1 – April 2014 and 5530/1 – December 2017) requesting base access passes for its employees. Contractors will be vetted thru The Defense Biometric Identification System (DBIDS). The COR will coordinate with the base pass office to assist with contractor personnel receiving base passes. The contractor shall be responsible for all passes issued to its employees under this contract. The contractor shall return all applicable base passes to the Pass and Identification Office upon termination of employment of an individual, or upon completion/termination of the contract. The contractor shall submit a listing of any employees terminated to the KO within seven (7) calendar days of the effective date of termination. The Government will not reimburse any base access expenses incurred by the contractor. All base access expenses incurred are the responsibility of the contractor.

3.2 EQUIPMENT REVIEW AND APPROVAL

3.2.1 Design Review

Provide 50% and 100% design reviews as stated in 3.0.5 in an agreed upon format.

Government Design Review duration of 7 calendar days.

3.2.2 Equipment/ Material Submittal Acceptance

Provide product/ material specification sheets for review and acceptance.

Review duration of 7 calendar days.

3.2.3 Close-out documents

Operating & Maintenance Manuals and As-Built Drawings as specified in 3.0.5.

Provide standard warranty and technical support to sustain system for five (5) years.

3.2.4 Time for Completion

As stated in the delivery section of the contract. Inclusive of all work (including final clean-up and closeout documents).

3.2.5 Contracting Officer Representative (COR):

4.0 CONTRACT DELIVERABLES

4.1 Design at 50% Phase, CDRL A001

4.2 Design at 100% Phase, CDRL A002

4.3 Design at Final Phase, CDRL A003

4.4 Technical drawings at completion of design and final (to include but not limited to; electrical, mechanical, civil, and sequence of operations. Operation and Maintenance Manuals. CDRL A004

5.0 SECURITY REQUIREMENTS

5.1 Unclassified Contract: In the case of an unclassified contract that requires no access to Classified Military Information (CMI), but that does require access to Controlled Unclassified Information (CUI), NAWCWD Restricted Areas, and/or Government IT systems, contractors are required to comply with non-NISP processing requirement before local access to CUI, Restricted Areas, and IT can be granted. This process shall be coordinated by the Contracting Officer’s Representative (COR) or TPOC through the NAWCWD Industrial Security office.

5.2 Operations Security (OPSEC). Operations Security (OPSEC). The contractor shall comply with the OPSEC requirements outlined within the DD Form 254.

The Contractor shall develop, implement, and maintain an OPSEC program to protect controlled unclassified activities, information, equipment, and material used or developed by the contractor and any subcontractor during performance of the contract. The contractor shall be responsible for the subcontractor implementation of the OPSEC requirements. The OPSEC program shall be in accordance with DoD and DON operations security (OPSEC) requirements, to include:

1) Assignment of responsibility for OPSEC direction and implementation.

2) Planning guidance for the use of OPSEC practices and principles to identify vulnerabilities and apply applicable countermeasures. (Contact NAWCWD Industrial Security Office for a current OPSEC Annex and CI Guide).

3) Establishment of OPSEC education and awareness training.

4) Provisions for management, annual review, and evaluation of OPSEC programs.

5) Flow down of OPSEC requirements to subcontractors when applicable.

5.3 Public Release. Disclosure of information is covered by DFARS 252.204-7000 Disclosure of Information, incorporated in Section I of the contract. Concerning subsection (a)(2), “information otherwise in the public domain” is information officially released into the public domain, e.g. via Distribution Statement A, and does not include information in the public domain that has not been officially released. For disclosure of unclassified information that has not been officially released, the contractor must seek specific approval from the Contracting Officer, with approval from the NAWCWD Public Affairs Office (PAO).

STATEMENT OF WORK

OPTIONAL ITEM

STATEMENT OF WORK (SOW)

FOR

NAWCWD

RELOCATEABLE FIRE SUPPRESSION SYSTEM

VX-30 HANGAR

POINT MUGU, CA

28 JULY 2020

1.0 SCOPE / BACKGROUND

1.1 The fire protection system to allow aircraft maintenance at Hangar 372, Naval Bae Ventura County (NBVC), Point Mugu experienced a faulty discharge in September 2017. NAVFAC has spent three years trying to repair the absolute system, but due to its antiquated condition it is beyond repair. Due to the new Congressional ruling to no longer allow AFFF fire suppression systems, new fire suppression equipment must be utilized to allow for aircraft maintenance.

This procurement is to provide fire suppression equipment for one (1) VX-30 Hangar. The fire suppression equipment is a requirement by the Unified Facilities Criteria (UFC), Fire Protection Engineer (FPE), and the Authority Having Jurisdiction (AHJ) to protect personnel and materiel within the hangar.

1.2 All delivered and installed fire suppression systems shall adhere to all applicable standards of the UFC, National Electric Code (NEC), Occupational Safety and Health Administration (OSHA), FPE, AHJ, General Industry Standards, State and Federal Codes, and all specified requirements documented within this SOW.

1.3 This requirement is a supply purchase of one “SafeSpill” floor systems as portable fire suppression systems in the Hangar and is not a construction requirement. Any incidental construction related to the install of the fire suppression system requires approval by the Contracting Officer (KO).

2.0 APPLICABLE DOCUMENTS

2.1 Throughout the life of the contract, if any instructions or document is replaced or superseded, the replacement of superseding instruction of document will be updated and applicable in this SOW. In the event of a conflict between the text of the SOW and the applicable documents cited herein, the NAWCWD Contracting Officer’s Representative (COR) shall provide a recommendation to the KO. The KO’s decision shall take precedence. Nothing in this SOW shall supersede applicable laws and regulations.

3.0 REQUIREMENTS

3.0.1 The Contracting Officer’s Representative will provide a delivery and final assembly site per the contractor’s anticipated delivery schedule.

3.0.2 Exclusions. All Government assistance outlined in the exclusions below shall be requested ten business days in advance of requirement:

The Government will provide grid power and connections as required that will interconnect to the fire suppression equipment.

The Government to provide forklift assistance for unloading.

The Government to provide electrical support (labor only) for control panel installation and wiring from control panel to electrical components as specified by Safespill Systems design.

The Government to provide pipefitter support (labor only) for piping installation as specified by Safespill Systems design.

The Government to provide placement of spill containment tank and water supply tank (labor and equipment to place tanks) as specified by Safespill Systems design.

3.0.3 The government will provide a site that is relatively level located on the concrete apron adjacent to and inside the hangar.

3.0.4 The Contractor shall be responsible for immediately notifying COR and repairing damage to improvements

3.0.5 Fire Suppression Equipment General Requirements:

1. Equipment shall be designed, delivered, and installed to provide fire suppression for one (1) hangar.

2. VX-30 hangar will house two (2) aircraft, multiple variants of P-3 (99’6” W), C-130 (132’7” W, and E-2D 80’7” W)

3. Hangar Dimensions: 200’ Wide x 65’ Long x with 25’ sidewalls.

4. Provide two (2) complete sets of each hardcopy manual and electronic files:

a. Two (2) Final Drawings and two (2) O&M Manuals

b. Shall be submitted in an electronic format agreed upon by both Government and Contractor

5. Provide on-site training for up to 8 personnel

6. Provide turnkey installation with the exclusions stated in 3.0.2.

7. Provide five (5) years of on-site annual inspections.

8. Coordination and consultation with NAVFACSW Fire Protection Engineer

9. Installer shall provide a combi-lift forklift certified to Navy standards and certified operators

3.0.6 Statement of Work-Deliverable

Deliver, install, test, and commission at NBVC, PM372 one (1) “Safespill” Floor Systems and associated piping, pumps, tanks, and controls for installed in one (1) hangar as described and resulting in a complete and useable mobile fire suppression system. Setup shall include all materials to include a complete and useable product.

Setup shall include all labor unless noted elsewhere in 3.0.2 Exclusions.

3.1 PERSONNEL

3.1.1 The contractor shall provide personnel at the Government site with the appropriate personnel security clearances for the work to be performed and meet the requirements of the OPNAVINST 5530.14D, Navy Physical Security. Access to (Unclassified) information is required in the performance of this contract and shall be in accordance with the DoD 5220.22-M, National Industrial Security Program Operating Manual (NISPOM), incorporating change 2, 18 May 2016, applicable DoD personnel security regulations, and DoD Contract Security Classification Specification (DD Form 254). The contractor shall maintain sufficiently cleared personnel to perform the tasks required by this SOW IAW the DD Form 254 and the contract. All contractor personnel shall possess the requisite security clearance, accesses, and need-to-know commensurate with the requirements of their positions. All work performed at the Government site will be performed by a U.S. company using U.S. persons (an individual who has been lawfully admitted for permanent residence as defined in Title 8 U.S.C § 1101(a)(20). Or who is a protected individual as defined by Title 8 U.S.C. § 1324b(a)(3).

3.1.2 The contractor personnel must be able to obtain base access. The contractor shall submit to the TPOC, the Department of the Navy Local Population ID Card/Base Access Pass Registration form (SECNAV 5512/1 – April 2014 and 5530/1 – December 2017) requesting base access passes for its employees. Contractors will be vetted thru The Defense Biometric Identification System (DBIDS). The COR will coordinate with the base pass office to assist with contractor personnel receiving base passes. The contractor shall be responsible for all passes issued to its employees under this contract. The contractor shall return all applicable base passes to the Pass and Identification Office upon termination of employment of an individual, or upon completion/termination of the contract. The contractor shall submit a listing of any employees terminated to the KO within seven (7) calendar days of the effective date of termination. The Government will not reimburse any base access expenses incurred by the contractor. All base access expenses incurred are the responsibility of the contractor.

3.2 EQUIPMENT REVIEW AND APPROVAL

3.2.1 Design Review

Provide 50% and 100% design reviews as stated in 3.0.5 in an agreed upon format.

Government Design Review duration of 7 calendar days.

3.2.2 Equipment/ Material Submittal Acceptance

Provide product/ material specification sheets for review and acceptance.

Review duration of 7 calendar days.

3.2.3 Close-out documents

Operating & Maintenance Manuals and As-Built Drawings as specified in 3.0.5.

Provide standard warranty and technical support to sustain system for five (5) years.

3.2.4 Time for Completion

As stated in the delivery section of the contract. Inclusive of all work (including final clean-up and closeout documents).

3.2.5 Contracting Officer Representative (COR):

4.0 CONTRACT DELIVERABLES

4.1 Design at 50% Phase, CDRL A001

4.2 Design at 100% Phase, CDRL A002

4.3 Design at Final Phase, CDRL A003

4.4 Technical drawings at completion of design and final (to include but not limited to; electrical, mechanical, civil, and sequence of operations. Operation and Maintenance Manuals. CDRL A004

5.0 SECURITY REQUIREMENTS

5.1 Unclassified Contract: In the case of an unclassified contract that requires no access to Classified Military Information (CMI), but that does require access to Controlled Unclassified Information (CUI), NAWCWD Restricted Areas, and/or Government IT systems, contractors are required to comply with non-NISP processing requirement before local access to CUI, Restricted Areas, and IT can be granted. This process shall be coordinated by the Contracting Officer’s Representative (COR) or TPOC through the NAWCWD Industrial Security office.

5.2 Operations Security (OPSEC). Operations Security (OPSEC). The contractor shall comply with the OPSEC requirements outlined within the DD Form 254.

The Contractor shall develop, implement, and maintain an OPSEC program to protect controlled unclassified activities, information, equipment, and material used or developed by the contractor and any subcontractor during performance of the contract. The contractor shall be responsible for the subcontractor implementation of the OPSEC requirements. The OPSEC program shall be in accordance with DoD and DON operations security (OPSEC) requirements, to include:

1) Assignment of responsibility for OPSEC direction and implementation.

2) Planning guidance for the use of OPSEC practices and principles to identify vulnerabilities and apply applicable countermeasures. (Contact NAWCWD Industrial Security Office for a current OPSEC Annex and CI Guide).

3) Establishment of OPSEC education and awareness training.

4) Provisions for management, annual review, and evaluation of OPSEC programs.

5) Flow down of OPSEC requirements to subcontractors when applicable.

5.3 Public Release. Disclosure of information is covered by DFARS 252.204-7000 Disclosure of Information, incorporated in Section I of the contract. Concerning subsection (a)(2), “information otherwise in the public domain” is information officially released into the public domain, e.g. via Distribution Statement A, and does not include information in the public domain that has not been officially released. For disclosure of unclassified information that has not been officially released, the contractor must seek specific approval from the Contracting Officer, with approval from the NAWCWD Public Affairs Office (PAO).

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLAUSES INCORPORATED BY REFERENCE

F-TXT-10 SHIPPING INSTRUCTIONS (CHINA LAKE) (OCT 2017)

“To be completed at time of award”

Failure to mark each shipping label and packing list as indicated above may result in return of shipment at your expense, or will cause a delay in processing your invoice for payment.

DOCK HOURS are Monday through Thursday, and Alternating Fridays, 0730-1530. If you anticipate making delivery on a Friday please call Receiving at (760)939-2305 to verify receiving dock hours.

Section G - Contract Administration Data

“To be completed at time of award”

**If a "Combo" document type is identified but not supportable by the Contractor's business systems, an "Invoice" (stand-alone) and "Receiving Report" (stand-alone) document type may be used instead.

POC:____________________________________________________________________________

ALT POC:____________________________________________________________________________

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES (JUL 2018)

(a) Definitions. As used in this clause--

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

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

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

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

Covered entity means--

(1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab;

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

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

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

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

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

(c) Reporting requirement.

(1) In the event the Contractor identifies a covered article provided to the Government during contract performance, or the Contractor is notified of such by a subcontractor at any tier or any other source, the Contractor shall report, in writing, to the Contracting Officer or, in the case of the Department of Defense, to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

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

(i) Within 1 business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; brand; model number (Original Equipment Manufacturer (OEM) number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

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

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

(End of clause)

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

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

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

Covered telecommunications equipment or services means--

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

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

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

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

Critical technology means--

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

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

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

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

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

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

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

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

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

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

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

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

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

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

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

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

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

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

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

(i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (DEVIATION 2018-O0021) (JUL 2020)

(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (a) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, 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.

(b)(1) Notwithstanding the requirements of any other clauses of this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b) (1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (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 2019) (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 $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(vii) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(viii) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

(ix) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212).

(x) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

(xi) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

(xii) 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.

(xiii) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

(xiv)(A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (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).

(xv) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration,…