Amendment 0002 47PF0020R0024.pdf

: 1. CONTRACT ID CODE PAGE OF PAGES

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1 2

2. AMENDMENT/MODIFICATION NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicable)

0002 August 18, 2020 EQ5P2SS1P-20-0017

6. ISSUED 7. ADMINISTERED BY (If other than Item 6)

U.S. General Services Administration Acquisition Management Division 230 South Dearborn, Room 3500 Chicago, IL 60604A

See box #6

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code) () 9A. AMENDMENT OF SOLICITATION NO.

47PF0020R0024

X 9B. DATED (SEE ITEM II)

July 9, 2019

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers ___ is extended, X is not extended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

(a) By completing Items 8 and 15, and returning 3 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (if required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

() A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINSTRATIVE CHANGES (such as changes in paying office, appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return 1 copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

RFP 47PF0020R0024 – Elevator Maintenance and Related Services at the North Federal Center for 5 locations, Chicago, IL:

See page 2 of 2

Except as provided herein, all terms and conditions of the document reference in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

FELICIA A. TUCK

Contracting Officer

15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 16C. DATE SIGNED

(Signature of person authorized to sign)

BY ________________________________________________________

(Signature of Contracting Officer)

5PMC COMPUTER GENERATED FORM (03-99) STANDARD FORM 30 (10-83)

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT AMENDMENT NO. PAGE OF PAGES

CONTINUATION OF STANDARD FORM 30 47PF0020R0024 0002 2 2

Amendment 0002 is hereby issued to incorporate the following items:

1. Questions and answers pertaining to this solicitation (See attachment North Federal Center Elevator Q&As).

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

Equipment (Aug 2020) and provision 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2020), see attachments.

**The vendor must complete and submit both clauses 52.204-24 (Dec 2019), as indicated on page 4 of 219 and 52.204- 24 (Aug 2020), per this amendment**

The proposal due date remains unchanged at Monday, August 24, 2020 at 2:00 p.m. C.S.T.

All other terms and conditions remain the same.

Responses to questions due August 10, 2020

FINAL LIST

RFP 47PF0020R0024 North Federal Center Elevator Maintenance in Chicago, IL Question

No. QUESTION GOVERNMENT'S RESPONSE

Is the call back service overtime cost included as part of this contract or how is the compensation handled for overtime work?

In this proposal there is a separate line item rate for over time and emergency callback services. The exception is re-cabling at Dirksen U.S. Courthouse, which is to be done in other than normal working hours and should be included in the base price.

2 Is that to include both hoist and governor cables? Yes. That would be interpreted to include all ropes.

In regards to the minimum site visit is 8 hours per day for each site. Is that 5 days per week ?

That is correct – excluding holidays. Section C.10 The Contractor shall have qualified personnel on site at a minimum as specified below, during normal working hours, Monday through Friday, excluding Federal holidays, to provide all required preventive maintenance, monitor the operational status of the elevator system and respond to all types of service calls.

Building 1 & 2 JCK and USPO: 8 hours per day; Building 3 & 4 EMD and 11 W.: 8 hours per day; Building 5 Metcalfe: 8 hours per day

We understand that testing is included in the bid price but are fees for the 3rd party inspector an extra billable item or included in the bid? The cost for 3rd party inspections should be included in the proposal price.

Can you please clarify what are normal building hours and what hours are overtime or “other than normal working hours”?

Normal building hours are between 6:00 a.m. - 6:00 p.m. Monday through Friday, excluding Federal Holidays; "Other than normal working hours" are defined as hours other than normal. Refer to Exhibit 4 Definitions

Previous bids included an allotment of 98 hours for the first year of additional services to be included in the bid. Has this requirement been removed?

Yes, there will not be an allotment of hours for this procurement. This procurement will have separate hourly rate line items for any additional services. Refer to B.4 Offer for Services.

Previous bids stated all escalator maintenance, testing and repairs had to be done on overtime. Is escalator work to be performed during regular or overtime hours? Please clarify which items would need to be performed on “other than regular hours”.

Escalator maintenance, testing and repairs are expected to be performed during other than normal working hours.

C.2. “All tests required by code will be conducted at no additional cost to the government regardless of when the testing is performed.” Can you clarify which cars in which buildings will need testing to be performed after hours and if this applies to annual no load tests and/or 5 year full load tests.

All tests required by code are to be included at No Additional Cost to the Government, regardless when the work is to be performed.

C.2.1.2 “All Cable replacement work at the Everett M Dirksen Federal Courthouse shall be done during other than normal working hours, see Exhibit 4, paragraph 18.” Is this requirement for governor cables and/or hoist cables?

Section C.2.1.2 refers to all cables.

Can you clarify if there any additional repairs or maintenance that will be required to be performed on overtime that is not specifically addressed in the solicitation? If so, please clarify which repairs/services and in which buildings.

Refer to C.2 Scope of Work "...Full maintenance service is defined as all services, repairs, inspections and testing necessary to maintain all elevators, appurtenances, and accessories in a fully operational mode at all times except for pre-scheduled downtime including all labor, parts and materials. Reference is made to Section 8.6 of the ASME A17.1 Safety Code for Elevators and Escalators.

Are contractors who have been federally indicted for bribery by the US Government in the last 5 years eligible to bid on this solicitation?

The Government will remain dilligent in monitoring all applicable data including the System for Award Management (SAM), as it pertains to vendor representation.

Metcalfe Building--Motherboard in COP of all cars are obsolete. Is the elevator maintenance vendor expected to cover the labor and material cost of replacing these? If contractor cannot find a new or suitable replacement, is the contractor expected to re-engineer and retrofit the elevators ?

Refer to C.2 Scope of Work "...Full maintenance service is defined as all services, repairs, inspections and testing necessary to maintain all elevators, appurtenances, and accessories in a fully operational mode at all times except for pre-scheduled downtime including all labor, parts and materials. Reference is made to Section 8.6 of the ASME A17.1 Safety Code for Elevators and Escalators.

Metcalfe Building-- COP wiring in all of the cars is a rat’s nest and has been prior to the current contract. It took our adjuster and helper 6 weeks to rewire car 6 after the load weighing was completed. Will this be expected of contractor for future work?

Yes, refer to C.2 Scope of Work "...Full maintenance service is defined as all services, repairs, inspections and testing necessary to maintain all elevators, appurtenances, and accessories in a fully operational mode at all times except for pre-scheduled downtime including all labor, parts and materials. Reference is made to Section 8.6 of the ASME A17.1 Safety Code for Elevators and Escalators.

Lighting, current fixtures and ballasts are all obsolete. Is the elevator maintenance vendor expected to cover the labor and material cost of replacing these as they go down which will require replacing with a new design and system?

Refer to C.2 Scope of Work "...Full maintenance service is defined as all services, repairs, inspections and testing necessary to maintain all elevators, appurtenances, and accessories in a fully operational mode at all times except for pre-scheduled downtime including all labor, parts and materials. Reference is made to Section 8.6 of the ASME A17.1 Safety Code for Elevators and Escalators.

Metcalfe Building--The lobby elevator fire service panel has never been operational prior to the current contract. Wiring was discovered and disconnected when the main desk was removed from the lobby. The wiring is not labeled, outdated and needs to be replaced as well as a panel that is up to current code. Is this required to be replaced and connected under the contract?

The fire control panel is acutually operational, but does not include the required components to monitor standby power operation. GSA is currently awaiting funding for a modification to the fire control panel.

Metcalfe Building -- Elevator emergency power wiring was removed at buildings request when the desk was removed from the lobby and is currently not connected. Is the elevator maintenance vendor expected to cover the labor and material cost of replacing?

The elevator standby power system is not fully operational. GSA is currently awaiting funding for a modification to the standby power system.

Metcalfe Building-- ADA compliant phones need to be installed & connected, need braille / halo added to all elevator cabs to replace current phones which are mounted inside a cabinet behind a swing door. These are outdated / obsolete. Is the elevator maintenance vendor expected to cover the labor and material cost of replacing and upgrading these?

All fixtures and elevator components must comply with the code under which they were installed. Refer to C.2 Scope of Work "...Full maintenance service is defined as all services, repairs, inspections and testing necessary to maintain all elevators, appurtenances, and accessories in a fully operational mode at all times except for pre-scheduled downtime including all labor, parts and materials. Reference is made to Section 8.6 of the ASME A17.1 Safety Code for Elevators and Escalators.

Metcalfe Building-- COP buttons and fixtures are obsolete. Need to replace obsolete screws on 15 passenger elevators or install new code compliant COP’s & fixtures. Is the elevator maintenance vendor expected to cover the labor and material cost of replacing new code complaint COP’s and fixtures at their own expense?

All fixtures and elevator components must comply with the code under which they were installed. Refer to C.2 Scope of Work "...Full maintenance service is defined as all services, repairs, inspections and testing necessary to maintain all elevators, appurtenances, and accessories in a fully operational mode at all times except for pre-scheduled downtime including all labor, parts and materials. Reference is made to Section 8.6 of the ASME A17.1 Safety Code for Elevators and Escalators.

Amendment 0002

RFP 47PF0020R0024

Metcalfe Building-- Generators on all elevator machines should ideally all be drives. Is the elevator maintenance vendor expected to cover the labor and material cost of replacing? Is the elevator maintenance vendor expected to cover the labor and material cost of upgrading this equipment at their own expense?

The motor generators will eventually be replaced as part of planned elevator modernization that is awating funding. Refer to C.2 Scope of Work "...Full maintenance service is defined as all services, repairs, inspections and testing necessary to maintain all elevators, appurtenances, and accessories in a fully operational mode at all times except for pre-scheduled downtime including all labor, parts and materials. Reference is made to Section 8.6 of the ASME A17.1 Safety Code for Elevators and Escalators.

Refer to C.2 Scope of Work "...Full maintenance service is defined as all services, repairs, inspections and testing necessary to maintain all elevators, appurtenances, and accessories in a fully operational mode at all times except for pre-scheduled downtime including all labor, parts and materials. Reference is made to Section 8.6 of the ASME A17.1 Safety Code for Elevators and Escalators.

Post Office Building--The MCE traction drives at the post office are obsolete. Elevator maintenance vendor is expected to cover the labor and material cost of replacing these when they go down? Is the elevator maintenance vendor expected to cover the labor and material cost of upgrading this equipment at their own expense?

Refer to C.2 Scope of Work "...Full maintenance service is defined as all services, repairs, inspections and testing necessary to maintain all elevators, appurtenances, and accessories in a fully operational mode at all times except for pre-scheduled downtime including all labor, parts and materials. Reference is made to Section 8.6 of the ASME A17.1 Safety Code for Elevators and Escalators.

JCK Building-- JCK has original machines in all cars. Elevator maintenance vendor is expected to cover the labor and material cost of replacing these when Field coils, interpoles, etc. need to be replaced?

Refer to C.2 Scope of Work "...Full maintenance service is defined as all services, repairs, inspections and testing necessary to maintain all elevators, appurtenances, and accessories in a fully operational mode at all times except for pre-scheduled downtime including all labor, parts and materials. Reference is made to Section 8.6 of the ASME A17.1 Safety Code for Elevators and Escalators.

Dirksen Building-- The Kone drives at Dirksen are obsolete. Is the elevator maintenance vendor expected to cover the labor and material cost of replacing these when they go down? Is the elevator maintenance vendor is expected to cover the labor and material cost of upgrading this equipment at their own expense?

Refer to C.2 Scope of Work "...Full maintenance service is defined as all services, repairs, inspections and testing necessary to maintain all elevators, appurtenances, and accessories in a fully operational mode at all times except for pre-scheduled downtime including all labor, parts and materials. Reference is made to Section 8.6 of the ASME A17.1 Safety Code for Elevators and Escalators. Upgrades are not covered in this contract unless specifcally requested by th Government.

Dirksen Building--The computers are original to the equipment and obsolete. Elevator maintenance vendor is expected to cover the labor and material cost of replacing these when they go down? Is the elevator maintenance vendor is expected to cover the labor and material cost of upgrading this equipment at their own expense?

The computers are accessories that fall under the provisions of the service contract. Refer to C.2 Scope of Work "...Full maintenance service is defined as all services, repairs, inspections and testing necessary to maintain all elevators, appurtenances, and accessories in a fully operational mode at all times except for pre-scheduled downtime including all labor, parts and materials. Reference is made to Section 8.6 of the ASME A17.1 Safety Code for Elevators and Escalators. Upgrades are not covered in this contract unless specifcally requested by th Government.

Dirksen Building-- Dirksen has original machines in all cars. Elevator maintenance vendor is expected to cover the labor and material cost of replacing these when Field coils, interpoles, etc. need to be replaced?

Yes, refer to C.2 Scope of Work "...Full maintenance service is defined as all services, repairs, inspections and testing necessary to maintain all elevators, appurtenances, and accessories in a fully operational mode at all times except for pre-scheduled downtime including all labor, parts and materials. Reference is made to Section 8.6 of the ASME A17.1 Safety Code for Elevators and Escalators.

In reference to an existing problem at Metcalfe, according to Otis, there are no options to replace the existing load cells with the same part or a modified part. Because the load cells cannot be replaced with existing parts, the only option was to modernize/upgrade the system. This required engineering support from Otis Elevator. For several weeks, Otis claimed they did not have any techs available to help with the issue and then further claimed that they would not help because the GSA owed them payment on another job. During this time, the contractor was cited for non-performance and the elevator contractor was deducted every day the elevator was out of service due to the manufacturer and the GSA payment issues. Will this be what the contractor should expect on this new contract?

Refer to Section C.2.1.2 "there are no exemptions for obsolescence of any particular component". It is incumbent upon the prime contractor to establish, cultivate and manage a relationship with the manufacture.

47PF0020R0024

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

As prescribed in 4.2105(a), insert the following provision:

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.

(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.

https://www.acquisition.gov/content/part-4-administrative-and-information-matters#id1989H0G40RF https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#id19CAC0P0ESS https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1060550 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#unique_1605198408

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award

Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(d) Representation. The Offeror represents that—

(1)It □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation.

The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds “will” in paragraph (d)(1) of this section; and

(2)After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—

It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds “does” in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded

“will” in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i)For covered equipment—

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

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

(C)Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii)For covered services—

(A)If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as

OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B)If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

https://www.sam.gov/

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded “does” in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i)For covered equipment—

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

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

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

(ii)For covered services—

(A)If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as

OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B)If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.204-25 Prohibition on Contracting for Certain

Telecommunications and Video Surveillance Services or

Equipment.

As prescribed in 4.2105(b), insert the following clause:

PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE

SERVICES OR EQUIPMENT (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);

(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;

https://www.acquisition.gov/content/part-4-administrative-and-information-matters#id1989H0G40RF

(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— https://www.acquisition.gov/content/part-4-administrative-and-information-matters#id1989GI040ZO

(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.

(End of clause) https://dibnet.dod.mil/ https://dibnet.dod.mil/