Amendment No. 1 2021 05 25.pdf

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 or (c) By separate letter or electronic communication 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 letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

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

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE

2. AMENDMENT/MODIFICATION NUMBER 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQUISITION NUMBER 5. PROJECT NUMBER (If applicable)

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

STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

FACILITY CODE

9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED (SEE ITEM 11)

R10A. MODIFICATION OF CONTRACT/ORDER NUMBE

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. is not extended.

12. ACCOUNTING AND APPROPRIATION DATA (If required) copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

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

IT MODIFIES THE CONTRACT/ORDER NUMBER AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER

NUMBER IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE 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)

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

15C. DATE SIGNED

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

16C. DATE SIGNED

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

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

6. ISSUED BY CODE

8. NAME AND ADDRESS OF CONTRACTOR (Number, street, county, State and ZIP Code) (X)

CODE

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

Previous edition unusable

WPH1DB

Patricia Davis, Contracting Officer

Amendment 0001 is hereby issued to Solicitation No. 47PM0921R0013 for the Request for Proposal (RFP), Cafeteria Services at the Food and Drug Administration (FDA) is as follows:

(1) Extend proposal due date from Friday May 28, 2021 to Monday June 14, 2021 - 9:00 am EST via email only...

[See Description of Modification Continuation Page]

WPH1DB

GSA, PBS R11 Office of Acquisition Special Programs Division - Acquisition Regional Support 1800 F St. NW, 4th Floor Washington, DC 20405 USA

GSA, PBS R11 Office of Acquisition Special Programs Division - Acquisition Regional Support 1800 F St. NW, 4th Floor Washington, DC 20405 USA

EQWPMAB-21-0015

47PM0921R0013

1 2

5/24/2021

4/21/2021

PAGE OF PAGES

x 1

47PM0921R0013/0001

Description of Modification Continuation Page

(2) Incorporate revised SF1449 for signature only on SF1449 page 1 - no additional information is required

(3) Incorporate response to the Request for Information (RFI's) received on May 13, 2021 - page 6 - 22

(4) Incorporate the Implementation of Section 889 Part B (attached page 23 - 29) - highlighted area need to be initialed and an x to be placed in: will [ ] will not [ ]

Any additional questions has to be submitted by Monday June 7, 2021 - 9:00 am EST via email only to:

patricia.davis@gsa.gov.

Prospective contractor must acknowledge receipt of this Amendment No. 0001

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NO.

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

OFFER

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

BELOW IS CHECKED

RFQ IFB RFP

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

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

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

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

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NAICS:

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

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

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

8 (A)

EDWOSB

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

EQWPMAB-21-0015 3

47PM0921R0013

Patricia Davis (202) 690-9496

WPH1DB

PBS Payments Branch P.O. Box 17181 Ft. Worth, TX 76102-0181

This will be a no cost contract, therefore, no information is requested on page 3 signature is required in box 30 a thru c

Patricia Davis

722310

5/24/2021

6/14/2021

9:00 AM (EST)

GSA, PBS R11 Office of Acquisition Special Programs Division - Acquisition Regional Support 1800 F St. NW, 4th Floor Washington, DC 20405 USA

BCFA

x all

STANDARD FORM 1449 (REV. 2/2012) BACK

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

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

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

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE 42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER

36. PAYMENT

COMPLETE PARTIAL FINAL

PAGE

GENERAL SERVICES ADMINISTRATION

OF

ITEM NO.

(a)

SUPPLIES OR SERVICES

(b)

QUANTITY

ORDERED

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

0001 __________

Place of Performance: MD0804WO FRC BLDG 22 OFFICE 10903 NEW

COST TO GOVERNMENT contract in which no Quantity Ordered, Unit, Unit Price or Amount is required to input information.

The existing contract expires on

PoP: 09/06/2021 - 09/05/2026

Establish new food services for Food Drug Administration (FDA) Cafeteria operation.

This will be a NO

Contract Type: Firm Fixed Price

FOOD DRUG ADMINISTRATION (FDA) FOOD SERVICE CONTRACT

PSC: S203 -- HOUSEKEEPING- FOOD

Deliverable

EA

HAMPSHIRE AVE SILVER SPRING, MD 20903-0001

September 3, 2021 in which new contract will start on Monday September 6, 2021.

Request for Proposal Cafeteria Services at the Food and Drug Administration (FDA) at the White Oak Campus

Solicitation No. 47PM0921R0013/EQWPMAB-21-0015

Amendment No. 1 – Request for Information

RFP Requirement Clarifications

Question 1: Regarding the “Instructions on Submitting Proposals” section on page 68, are we to submit hard copies, USBs, and an emailed electronic copy or only an emailed electronic copy? The guidance in this section is contradictory (see section below).

These instructions are in addition to the instructions listed above. Offerors shall submit an original and two copies of the proposal and an electronic thumb or flash drive, prepared in such format and detail as to enable GSA to make a thorough evaluation thereof and to arrive at a sound determination as to whether or not the offeror can meet the Agency/GSA’s requirements. It is imperative that all information submitted within the proposal is information that is applicable to the overall operation at the Agency’s Cafeteria.

In addition to the above, the Contractor shall submit an electronic copy (PDF format) of the complete proposal package via email only to Contract Specialist/Contracting Officer, Patricia Davis at: patricia.davis@gsa.gov. No hand delivery package will be required due to COVID-19.

Answer: The Offerors shall submit an electronic copy (PDF format) of the complete proposal package via email only to

Contract Specialist/Contracting Officer, Patricia Davis at: patricia.davis@gsa.gov. No hand delivery package will be required due to COVID-19.

Question 2: In the reference criteria starting at the bottom of page 68 of the RFP, how do you define “patronage”? Will a simple participation rate as a percentage suffice (e.g., 60% of population participates in the foodservice program)?

Answer: Yes - a simple participation rate as a percentage will suffice.

mailto:patricia.davis@gsa.gov mailto:patricia.davis@gsa.gov

Culinary/Brands

Question 3: How many flex services stations (hot/cold) are there at each foodservice outlet?

Answer:

Building 32

Mini Bar Breakfast Bar: 10 Hot wells

Main Entree Bar: 12 Hot Wells

Cold Salad Bar: 21 Cold Wells

Continental Breakfast Bar: 16 Cold Wells

Grill Station: 5 Hot Wells

Soup Station: 6 Hot Soup Wells

Action Station: 2 Hot Wells and 9 smaller Cold Wells

Question 4: Which current brands/cuisines are the most popular at each foodservice outlet?

Answer: This information is unavailable.

Question 5: In Building 2, is the Tres Habaneros station a rotating concept or static station?

Question 6: Can you provide a price and portion list for the current service offer?

Operations/Logistics

Question 7: What is the current population by day for the entire campus?

Answer: The average daily population for the month of May 2021 was approximately 1,100.

Question 8: What will the post-pandemic population by day be for the entire campus?

Answer: The post-pandemic population by day is unknown but the Government’s assumption is the entire campus population will reach the population stated on page 9 of the RFP.

Question 9: As employees return to work, to which buildings will they return (e.g., in September, we expect x people to return to buildings x, y, z on campus)? What is the proximity of these buildings to the foodservice outlets? (If easier, could you provide the latest campus map as part of the response to this question?)

Question 10: What is the latest/new telework policy (particularly due to the pandemic)?

Question 11: What is the expectation for a phased reopening approach?

Question 12: What is the expectation for how many stations are open during the pandemic? What is the preferred ramp-up approach for stations based on population?

Answer: The Offeror should provide their approach to ramping up food services to meet the campus increasing population.

Question 13: On page 11 of the RFP, you provide the hours of operation but no closing times for these three locations:

Buildings 32, 2, and 71. What are the end-of-day closing times for these operations?

Question 14: When was the last price increase?

Question 15: When was the last customer survey conducted?

Answer: This information is unavailable.

Question 16: Can you provide the last customer survey results?

Answer: This information is unavailable.

Question 17: The RFP indicates that the current foodservice associates are represented by a collective bargaining agreement (union). Could you provide a copy of the union contract?

Answer: The current foodservice contractor has entered a collective bargaining agreement (CBA) with the union below and any additional information can be obtained by contacting them directly:

Answer:

Building No. 32 closing time is 2:00PM Building No. 2 closing time is 4:00PM Building No. 71 closing time is 5:00PM

National Federation of Federal Employees, Federal District 1, affiliated with the International Association of Machinists and Aerospace Workers, AFL-CIO

Question 18: On the site tour, we were told that we would receive photos and notes for the foodservice outlets that we weren't able to tour. Could you provide these photos and notes? (see list below)

• Building 66

• Building 51

• Building 31

• Building 2 (self-service kiosk adjacent to library)

Answer: see attached

Question 19: What is your policy on food trucks on campus (outdoors) and in buildings (indoors)?

Answer: Currently food trucks are not allowed on campus.

Question 20: What is the frequency of the farmers market in the atrium outside the Building 71 coffee bar, and does it include outside food vendors?

Answer: Farmer’s market is held every Tuesday and several food vendors participate.

Equipment

Question 21: What is the life of the current equipment?

Answer: The equipment is between 5 and 15 years old.

Question 22: How much of the current equipment is at the end of its life?

Question 23: Could you provide the latest equipment inventory list?

Question 24: Roughly which percentage of the current equipment is already Energy Star-certified?

Answer: The majority of the existing equipment is Energy Star-certified.

Question 25: How does installation responsibility work? Does the Government or vendor/foodservice contractor/foodservice subcontractor install equipment?

Answer: Refer to page 27 of the RFP - Repairs and Equipment Replacement paragraphs of the RFP.

Financial

Question 26: Can you provide a sales breakdown by building/foodservice outlet for pre-pandemic and pandemic sales?

Question 27: Can you provide a sales breakdown by brands (e.g., Einstein Bros., Star Ginger, Caribou coffee, Mayorga

Organics, deli station and other internal brands) for pre-pandemic and pandemic sales?

Technology and Digital Adoption

Question 28: What, if any, are the Government connectivity restrictions and/or limitations for new technology, digital adoption, and the like?

Answer: Refer to page 31 of the RFP - Telephone and Computer Systems

Refer to page 22 of the RFP - Equipment and Utensils Furnished by the Contractor

Question 29: From a technology standpoint, is it feasible to have digital menu boards?

Answer: Refer to page 22 of the RFP - Equipment and Utensils Furnished by the Contractor. Digital menu boards are encouraged to be part the Contractor furnished equipment.

Cleaning, Sanitation, and Health Inspections

Question 30: Regarding the last paragraph on page 12 of the RFP, as well as the first two paragraphs on page 28, is there no separate housekeeping contract to cover server (seating area) cleaning/sanitation?

Answer: The Cleaning and Janitorial Services responsibilities as stated in the RFP are correct.

Question 31: Could you provide copies of the health inspections for all foodservice outlets for each of the last three years?

Question 32: Page 9/B. Statement of Work provides pre-COVID19 population numbers. Can the Government provide the anticipated timeline for phase-out of COVID19 remote work schedules and return of FDA staff/visitors to the facility in full or closer-to-full capacity?

Answer: This information is unavailable.

Question 33: Page 9/B. Statement of Work provides pre-COVID19 population numbers.

Are contactors required to propose pricing based on “normal” pre-COVID19 business volumes? If so, please confirm whether:

1) This standard has been set for all bidders, to ensure a common baseline for evaluation purposes.

2) Alternative proposals are acceptable to reflect the gradual return of business volumes to pre-COVID19 levels.

3) If employee populations fail to help achieve reasonable sales volumes, will the government consider providing the contractor a subsidy?

4) If employee populations fail to help achieve reasonable sales volumes post-COVID, will the government re-negotiate the terms and conditions of the award with the contractor?

1) Offerors are to use the population numbers stated on page 9 as a baseline for evaluation purposes.

2) Offerors should provide their approach to ramping up food services to meet the campus increasing population.

3) The Government cannot subsidy any foodservices with a monetary payment to the contractor.

4) Refer to page 34 of the RFP - Modification of Contract. The Government is open to mutual agreement contract adjustments due to employee population numbers not meeting expectations.

Question 34: Page 26/L. Equipment Repairs states that GSA will be responsible for the replacement of all Government-owned equipment for the first two-year period of the contract. At the commencement of the third year, the contractor shall be responsible for the replacement of all Government-owned equipment.

Please confirm whether:

1) Contractor responsibility for “replacement of all Government-owned equipment” is limited to equipment loss caused by neglect/abuse/vandalism by contractor staff or also to equipment that needs to be replaced because of normal wear-&-tear or loss not caused by contractor.

2) A maximum cap of $1,000 is applicable for equipment replacement.

1) Contractor is responsibility for “replacement of all Government-owned equipment” regardless of reason for replacement.

2) There is no maximum cap for equipment replacement.

Question 35: Page 81/SF 1449 includes a CLIN table. Are contractors required to complete the CLIN table on pp.81? If so, please clarify what type of data is needed in “Unit Price” and “Amount.”

Answer: No. Potential contractor(s) are required to attached with proposal and amendment when submitting proposal package.

Question 36: Page 68/B. Instructions states: “…proposals shall be limited to 100 pages ….

Page 71/C. Food Program states: “For each location, provide a detailed menu structure of your core menu items that will be featured at each major station/concept ….”

1) Would the Government please exclude Menus from the page count limitation? This would allow sufficient space for presenting both menu and other program information required in RFP tabs A-E, in the necessary detail.

2) Please confirm that section/tab separators, table of contents, list of exhibits, transmittal letter, and other frontmatter. are excluded from the page count limitation.

1) Menus are not excluded from the maximum page count.

2) Section/tab separators and table of contents are excluded from the page count limitation.

Question 37: Page 68/B. Instructions states: “The minimum font shall be 12 point…” Please confirm whether a smaller font size (9-point) is permitted for tables, charts, images and document headers/footers, per general formatting conventions.

Answer: Yes - a smaller font can be used to present information for tables, charts, images and document headers/footers, per general formatting conventions.

Question 38: Page 1 states: [Offer] DATE AND TIME DUE: Friday May 28, 2021 – 9:00 am EST. However, on the SF1449 provided on pp.79, it states Offer Due Date of 5/14/2021. Please confirm that the submission due date is Friday, May 28, 9AM EST.

Answer: Offer date and time due by Friday May 28, 2021 – 9:00 am EST change to Monday June 14, 2021

– 9:00 am EST. The SF1449 provided will be required and updated attached to this Amendment No. 1 Request for Information.

Building #66 and #51 Kiosks

The kiosks provide Limited Grab & Go pre-packaged items and are supported by the main production kitchen in building

#32.

Building #31 Catering

Operates when meetings are in session serving breakfast, breaks or lunch as requested by the meeting participants.

Building #2 Central Shared Use Library

Adjacent to the Library on the second floor is a small self-service/ self-payment kiosk with coffee, limited cold beverages and limited prepacked food items. (unit is closed due to Covid)

Implementation of NDAA Section 889 Part B

1.

2.

3.

The purpose of this amendment is to incorporate the following clauses:

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

FAR 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (AUG 2019)

GSAR 552.204-70, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment(DEVIATIONI)(AUG 2019)

Any earlier version of FAR 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment, is hereby deleted.

The full text of the incorporated clause is provided below:

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

(a) Definitions. As used in this clause—

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

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

Covered telecommunications equipment or services means–

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

(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—

FAR 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2019)

(a) Definitions. As used in this clause—

“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).

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

(b) Prohibition. 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 Federal Acquisition Regulation 4.2104.

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

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

(d) Reporting requirement.

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

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

(i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known);

brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

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

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

(End of clause)

GSAR 552.204-70, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (DEVIATION I)(AUG 2019) https://dibnet.dod.mil/ https://dibnet.dod.mil/

(a) Definitions. As used in this clause- “Covered telecommunications equipment or services”, “Critical technology”, and “Substantial or essential component” have the meanings provided in FAR 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. 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. Contractors are not prohibited 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.

(c) Representation. [Contractor to complete and submit to the Contracting Officer] The Offeror or Contractor represents that it [ ] will or [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract, order, or other contractual instrument resulting from this contract. This representation shall be provided as part of the proposal and resubmitted on an annual basis from the date of award.

(d) Disclosures. If the Offeror or Contractor has responded affirmatively to the representation in paragraph (c) of this clause, the Offeror or Contractor shall provide the following additional information to the Contracting Officer--

(1) All covered telecommunications equipment and services offered or provided (include brand;

model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);

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

(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known);

and

(4) For equipment, 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).

TamiraDConner Highlight

(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/ https://dibnet.dod.mil/

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Cage Code: 7LFW6 IssuedBy[0]: GSA, PBS R11 Office of Acquisition Special Programs Division - Acquisition Regional Support 1800 F St. NW, 4th Floor Washington, DC 20405 USA