47QSSC255294 Vault Door RFQ.pdf

WOMEN-OWNED SMALL

BUSINESS (WOSB)

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NUMBER 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 NUMBER

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

REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

SEE ADDENDUM

19.

ITEM NUMBER

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 Government 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: REFERENCE 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. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NORTH AMERICAN

INDUSTRY CLASSIFICATION

STANDARD (NAICS):

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

THE DEFENSE PRIORITIES

AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FREE ON

BOARD (FOB) DESTINATION

UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) 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)

ECONOMICALLY

DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30.

FB529451760001 37

47QSSC255294

Cara J. Fowler cara.fowler@gsa.gov

See Solicitation Document

See Solicitation Document

Jonathan Hankin

332999

750 Employees

9/2/2025

9/23/2025 5:00 pm EDT

Supply Chain Management Contracting Division (SCM) Facilities and Hardware Branch 2300 Main St Kansas City MO 64108

Solicitation # 47QSSC255294

General Services Administration (GSA) Federal Acquisition Services (FAS)

Office of General Supplies and Services (GSS) Supply Chain Management Contracting Division (SCM)

Facilities and Hardware

REQUEST FOR QUOTE

Solicitation PIID: 47QSSC255294

Client Agency 51FW/CDN Advanced Programs Office, Osan Air Force Base, Republic of Korea

Description of Procurement:

Purchase and Installation of Vault Doors

Open Market

Preponderant NAICS - 332999 All Other Miscellaneous Fabricated Metal Product Manufacturing (Size Standard: 750 Employees)

PSC - 5670: Building Components, Prefabricated

Table of Contents

SECTION A: GENERAL PROCUREMENT INFORMATION 4

SECTION B: QUOTER INFORMATION 6

SECTION C: SCHEDULE OF ITEMS 7

SECTION D: SUBMITTAL INFORMATION 13

SECTION E: RFQ ATTACHMENTS 14

SECTION F: CONTACT INFORMATION 15

SECTION G: CLAUSES 16

SECTION H: PROVISIONS, REPRESENTATIONS, & CERTIFICATIONS 29

SECTION I: EVALUATION FACTORS 36

SECTION A - SOLICITATION/CONTRACT FORM

A. This Request for Quote (RFQ) is a Single Award, Firm-Fixed Price (FFP), Purchase Order for eight (8) ICD complaint primary entrance doors and six (6) ICD 705 complaint interior vestibule doors at their Sensitive Compartmented Information Facilities 51FW/CDN Advanced Programs Office, Osan Air Force Base, Republic of Korea.

B. This acquisition is being conducted under and this solicitation is issued in accordance with FAR part 13.5 and will be advertised on Contract Opportunities (SAM.gov) utilizing NAICS 332999 - All Other Miscellaneous Fabricated Metal Product Manufacturing.

Contractors who don’t already have Size Standard 750 Employees, must add it to the Contractor's SAM Representations and Certifications and Small Business Program Representations before award.

C. This acquisition is not set-aside for Small Business.

D. GSA intends to award a single-award, Firm Fixed Price delivery order.

E. Period of Performance (POP): One time purchase request IAW FAR 16.2 to be completed in coordination with 51FW/CDN Advanced Programs Office, Osan Air Force Base, Republic of Korea.

F. Method of Award: Award will be made to the quote that represents the Lowest Price, Technically Acceptable (LPTA) and results in the lowest overall cost alternative that meets the Government’s needs. For additional details, reference SECTION I:

EVALUATION FACTORS

G. To be awarded a contract and to submit invoices, your company will need to be registered with OMS Vendor Portal or EDI to receive orders electronically.

To request access to the GSA OMS Vendor Portal, please submit a ticket to the GSA eTools Help Desk and provide the following information:

● Vendor Name

● Vendor ID number (UEI)

● Email Address

● First Name and Last Name

● Phone Number

● Physical Address (City, State, Zip)

● Email Address for Order Notification emails

H. This is ONLY a request for pricing. DO NOT SHIP based upon the posting of this RFQ.

I. The Government intends to award on initial quotation and advises quoters to submit their best terms and prices in their initial quotation.

http://sam.gov

J. Written requests for explanation or information regarding this RFQ should be directed to Cara Fowler, GSA Contract Specialist at: cara.fowler@gsa.gov and Jonathan Hankin, Contracting Officer at: jonathan.hankin@gsa.gov.

K. ALL QUOTES AND ALL SUPPORTING DOCUMENTATION SHALL BE

SUBMITTED THROUGH BY EMAIL AND ARE DUE ON OR BEFORE 5:00 PM

EDT, September 23, 2025.

* FACSIMILE (FAX) QUOTES WILL NOT BE ACCEPTED *

* Mail QUOTES WILL NOT BE ACCEPTED *

When responding to this RFQ, complete the entire package along with the supplemental documentation and submit your quote package as an attachment to your RFQ response by email.

No other forms of submission will be accepted. Each quote must be received by the closing date and time. Quotations received after this time will be deemed late and shall not be considered for award.

FAILURE TO PROVIDE ALL OF THE REQUIRED SUBMITTAL INFORMATION LISTED

IN SECTION D: SUBMITTAL INFORMATION MAY RESULT IN YOUR QUOTE NO

LONGER BEING EVALUATED OR CONSIDERED FOR AWARD.

SECTION B: QUOTER INFORMATION

Please complete the highlighted fields in “blue” and return with your quote:

Company’s Name:

Unique Entity ID (UEI) Number:

Socio-Economic Status:

Quoter’s Point of Contact (POC) Name, email and Phone number:

QUOTER MUST COMPLETE THESE STATEMENTS:

☐ Quoter acknowledges receipt of RFQ amendments and confirms any amendments have been reviewed.

Quoter ☐ does or ☐ does not take exception to the RFQ provisions, clauses, requirements, or other information.

If quoter does take exception to any of the RFQ provisions, clauses, requirements, specifications, or other information, please provide a list of any exceptions and explanation(s) in the space below. Please note, the Government reserves the right to make a selection based upon initial quotes received, without discussions with quoters; therefore, exceptions to the RFQ may eliminate a quoter from receiving any further consideration.

To be awarded a contract and to submit invoices, your company will need to be registered with OMS Vendor Portal or EDI to receive orders electronically.

To request access to the GSA OMS Vendor Portal, please submit a ticket to the GSA eTools Help Desk and provide the following information:

● Vendor Name

● Vendor ID number (UEI)

● Email Address

● First Name and Last Name

● Phone Number

● Physical Address (City, State, Zip)

● Email Address for Order

Notification emails

Quoter’s First and Last Name:

Quoter’s Business Title:

Quoter’s Signature (digital/wet):

SECTION C: SCHEDULE OF ITEMS

Statement of Work (SOW)

1. Scope of Work. To support 51FW/CDN secured facilities, the contractor will survey, design, furnish, remove (old doors and frames), install, and perform contract close-out for new Intelligence Community Directive 705 (ICD 705) compliant primary and vestibule doors across various locations on Osan AB, ROK. The following information is provided with regards to the detailed location for the required ICD 705 compliant doors to be furnished. The contractor will furnish eight (8) primary ICD 705 compliant doors, six (6) vestibule ICD 705 compliant doors (fourteen (14) total doors). This list serves as the priority in door installation. Any deviations must be approved by the 51FW/CDN:

a Building 1810 Room 227 (primary door and vestibule door) 2 doors b Building 1810 Room 131 (primary door and vestibule door) 2 doors c Building 1182 Room 101 (primary door and vestibule door) 2 doors d Building 1802 Room 102 (127A) (primary door) 1 door e Building 1802 Room 101 (127) (vestibule door) 1 door f Building 1805 Room 105 (primary door and vestibule door) 2 doors g Building 1097 Room 134A (primary door) 1 door h Building 1097 Room 134B (primary door) 1 door i Building 1380 Room 120 (primary door and vestibule door) 2 doors

The following information is provided with regards to the rough opening and panel estimated dimensions for required ICD 705 compliant doors to be furnished:

Building Room Primary Door (Outer Door) Vestibule Door (Inner Door)

Rough Opening (inches)

Panel (inches)

Rough Opening (inches)

Panel (inches)

1810 227 37 1/4 x 83 5/8 34 5/16 x 81 13/16 37 1/4 x 83 5/8 34 5/16 x 81 7/8

1810 131 38 13/16 x 84 3/16 35 1/16 x 81 13/16 38 7/8 x 84 1/4 35 1/16 x 82 1/16

1182 101 49 7/8 x 86 3/4 47 3/4 x 83 1/2 50 1/4 x 85 1/4 47 5/8 x 83 5/8

1802 102 38 3/8 x 85 3/8 35 5/8 x 83 5/8 N/A N/A

1802 101 N/A N/A 38 1/4 x 84 3/4 35 9/16 x 82 5/8

1805 105 39 1/8 x 86 1/4 39 5/8 x 85 1/2 35 11/16 x 83 5/8 35 7/16 x 83 1/4

1097 134A 51 15/16 x 85 3/4 47 11/16 x 83 5/16 N/A N/A

1097 134B 39 7/8 x 85 3/4 35 11/16 x 83 1/4 N/A N/A

1380 120 45 1/8 x 92 1/2 36 3/8 x 84 7/8 42 1/2 x 87 1/8 36 3/8 x 84 7/8

2. Survey Requirements. The contractor shall perform a multi-day site survey in coordination with the 51FW/CDN. The contractor will obtain architectural plans for all involved fixed facility locations from 51FW/CDN or the 51st Civil Engineering Squadron (51CES) as required.

a. The contractor will survey existing doors to determine rough opening measurement and note integration requirements for the existing intrusion detection system (IDS) and automated access control system (AACS). The contractor will also note any system integration considerations due to STC/RF-rated doors often require careful coordination with adjacent wall assemblies to meet specified attenuation and barrier performance. Further definition of interface conditions would enhance constructability and compliance assurance. Coordination will be with 51CES as required for IDS and structural criteria and information.

b. The contractor shall note any DoD building code deficiencies with existing door configurations (UFC 1-200-01; adopted International Building Code w/changes).

c. The contractor will provide a survey report demonstrating the fulfilment of all survey requirements.

3. Design Requirements. The contractor will design radio frequency (RF) and sound-rated doors and frames for the surveyed rough openings. The contractor will prepare AutoCAD plans detailing the demolition of the existing doors and frames, replacement of the doors and frames, and new door-specific modifications to the IDS and ACS systems.

a. In cooperation with the door manufacturer, prepare a shop drawing package and product data submittal for all proposed doors covering dimensions, rough openings, door characteristics, and hardware.

b. If any existing rough openings require enlargement for code compliance, notify the 51CES for direction. The proposal does not include code-compliant design or enlargement of existing rough openings. The contractor is not expected to modify existing openings to meet ADA thresholds.

c. The contractor will provide an integrated plan and shop drawing package for the design requirements. 51FW/CDN with the assistance of 51CES must approve the shop drawing package before the start of installation.

4. Furnish Requirements for Primary Doors. The contractor will furnish eight (8) primary ICD 705 compliant doors with the following specifications:

Building Room Location

1810 277 Primary

1810 131 Primary

1182 101 Primary

1802 102 (127A) Primary

1805 105 Primary

1097 134A Primary

1097 134B Primary

1380 120 Primary

a. All doors must comply with the following specifications:

i. RF attenuation rating of 60 dB per NSA 94-106, IEE 299-2006, and MIL STD-285. Testing and certification must be 3rd party (not by door manufacturer).

ii. Sound attenuation rating of STC-50 per ASTM E90.

iii. Minimum of 3” thick door leaf combing radio frequency and sound attenuation into a single door leaf assembly.

iv. Cam-lift hinges with one electrified to support ACS integration.

v. Hardware:

1. LKM10K Type II equipped with CDX-10-night lock and a day lock as determined by the existing electronic AACS. This option works with the existing ACS to release the door handle for day use.

2. Closer; designed for high traffic and the weight of the door.

3. High-security switch (HSS) to replace the existing door contact.

HSS shall be compliant with the latest Air Force Non-Nuclear Configuration Management Database (CMD). HSS shall be dual contact to provide a contact for IDS/tamper and a secondary contract as the door position switch for the ACS.

5. Furnish requirements for Vestibule Doors. The contractor will furnish six (6) ICD 705 compliant interior vestibule doors with the following specifications:

Building Room Location

1810 277 Vestibule

1810 131 Vestibule

1182 101 Vestibule

1802 101 (127) Vestibule

1805 105 Vestibule

1380 120 Vestibule

a. All doors must comply with the following specifications:

i. Sound attenuation rating of STC-50 per ASTM E90.

ii. Minimum of 1-3/4” thick door leaf.

iii. Hardware:

1. Depending on the existing AACS configuration, provide a simple mechanical AACS lock or an integrated electronic AACS lock.

The simple mechanical AACS would consist of a Simplex L1011 5-button cypher lock or 52FW selected equivalent. The electronic AACS would be an electrified mortise lock handle set that would release or secure the latch as commanded by the electronic AACS system.

iv. The door will also be equipped with an electrified hinge or hinge power transfer device to wire up the electrified mortise lock.

v. Closer; designed for high traffic and the weight of the door.

vi. High-security switch (HSS) to replace the existing door contact. HSS shall be compliant with the latest Air Force Non-Nuclear CMD. HSS shall be dual contact to provide a contract for IDS/tamper and a secondary contract as the door position switch for the AACS.

6. Installation Requirements. The following information is provided with regards to the detailed description of services required for the doors to be installed:

a. Coordinate with 51st Security Forces Squadron (51SFS) Electronic Systems Security (ESS) NCOIC and 51CES Integrated Base Defense Security Systems (IBDSS) offices for installation schedule and requirements.

b. Coordinate with 51FW/CDN escorts and security as required for each secure facility.

c. Uninstall and dispose of uninstalled doors and hardware. Note: doors shall be uninstalled and replaced in turn (no door opening left unsecured).

d. Door technicians and installers shall be trained and currently certified by the door manufacturer. IDS and ACS technicians shall be Honeywell Vindicator certified (existing IDS and AACS system).

e. Install perimeter entry doors as follows:

i. Integrate an RF door frame conductive flanges with existing RF foil or another perimeter metallic barrier. Note: that this currently only applies to both doors in Building 1380.

ii. Install door and frame per all manufacturer instructions.

iii. Adjust sound and RF door seals by manufacturer instructions. Perform field testing of sound seals. Note: field testing of RF seal is not practical or included.

iv. Install a new dual-contact HSS switch and wire it into the existing IDS and AACS system as required per the current system configuration.

v. Wire LKM10K with the electronic ACS: wire LKM10K to receive solenoid power to lock or unlock the lever handle (day lock only).

vi. Install interior vestibule doors as follows:

1. Install a new dual-contact HSS switch and wire it into the existing

IDS and AACS system as required per the current system configuration.

2. Install door(s) per all manufacturer instructions.

3. Where electronic AACS is applicable wire electrified mortise lock to the existing electronic AACS system.

4. Adjust sound door sound seals per manufacturer instructions.

Perform field testing of sound seals.

7. Post-installation and Closeout Requirements.

a. Provide an as-built shop drawing package to 51FW/CDN.

b. Provide a maintenance proposal for annual RF and sound seal manufacturer-recommended maintenance. Door manufacturers recommend that RF and sound seals be adjusted annually by a manufacturer-trained technician.

Adjustments provide confidence that the doors are continuing to provide the desired RF and sound attenuation performance.

8. Contractor Access. Removal of current doors/frames and installation of new doors/frames shall be performed using U.S. citizens and a U.S. firm. Invited contractors shall follow applicable Host Country labor laws and agreements between the host country and the U.S. Forces.

a. Invited Contractors shall be U.S. Persons. This is defined as an individual who has been lawfully admitted for permanent residence as defined in 8 U.S.C. §

1101(a)(20) or who is a protected individual as defined by Title 8 U.S.C. § 1324b (a)(3).

b. IAW United States Forces Korea Regulation 700-19, The Invited Contractor and Technical Representative Program (28 August 2012), which establishes policies and procedures for the designation of individuals as Invited Contractors (ICs) Technical Representatives (TRs) who work in support of the United States (U.S.)

Armed Forces in the Republic of Korea (ROK) under the Unified Command receiving logistics support from the U.S. Armed Forces under the U.S.- ROK Status of Forces Agreement (SOFA) and applicable U.S. regulations. All invited contractors must have proper SOFA designation. ROK SOFA designation is a 2 STEP process in USFK. STEP 1 is to obtain SOFA designation on the contract.

STEP 2 is to obtain SOFA designation on the IC working on the contract. The process is outlined in USFK 700-19.

9. Assumptions and Exclusions.

a. The contractor will not be responsible for any testing or configuration of the IDS or AACS systems. The assumption is that the HSS and door lock integration will function as a one-for-one replacement for existing capability.

b. The contractor will not finish painting any of the doors to match existing interior color schemes. Doors will arrive primed with flat gray paint.

c. The contractor will not test RF or sound attenuation.

d. All doors shall be U.S. manufactured.

e. All doors shall be securely shipped from the U.S. to Osan AB via military air: the contractor shall crate and ship doors to the applicable Defense Logistics Agency (DLA) receiving point in the U.S. This cost will be borne by the contractor.

f. The 51FW will coordinate mil-air shipping from the DLA receiving point to Osan AB. This cost will be borne by the 51FW (MIPR to DLA).

g. Upon receipt at Osan AB, the 51FW will coordinate the drop-off of doors at a secure storage area (SSA). Doors will require a 51FW-provided or equivalent 8’x20’ shipping container for storage. If installation becomes delayed, dehumidification or conditioning may become necessary to minimize corrosion.

The 51FW may have alternative secure storage options. The contractor is not responsible for setting up or maintaining an SSA at Osan Air Base.

Facility Point of Contact: Dr. Bryan Kwasniewski, GSSO, DSN 784-7623 or bryan.kwasniewski.1.ctr@us.af.mil mailto:bryan.kwasniewski.1.ctr@us.af.mil

SECTION D: SUBMITTAL INFORMATION

If the Quoter’s package does not include the following list of items, their quote may be determined non-responsive by the Government.

1. Each contractor shall submit a firm-fixed pricing structure for this requirement.

2. RFQ General Information and Pricing. Complete and return the following RFQ Sections and Attachments:

a. Section B: Quoter Information

b. Section H: Provisions, Representation and Certifications

c. Attachment 1_Schedule of Items (two spreadsheets)

d. Attachment 2_MIL STD 129R Vendor Certification

e. Attachment 3_Vendor Self-Certification

3. Product tech specification documents showing that the items offered meet all standards and specifications stated in the Statement of Work.

The Government reserves the right to make a selection based upon initial quotes received, without discussions with the quoter; therefore, the quoter should submit its best terms in its initial Quote. The Government also reserves the discretion to confer with offeror(s) and request revised Quote if needed. The Government reserves the right to extend the RFQ submission due date/time should it be beneficial to the Government.

SECTION E: RFQ ATTACHMENTS

Attachment 1_Facility Diagrams Attachment 2_Schedule of Items (two spreadsheets) Attachment 3_MIL STD 129R Vendor Certification Attachment 4_Vendor Self-Certification

SECTION F: CONTACT INFORMATION

A. Point of Contact:

Cara J. Fowler Contract Specialist Email: cara.fowler@gsa.gov

B. Point of Contact:

Jonathan Hankin Contracting Officer Email: jonathan.hankin@gsa.gov mailto:cara.fowler@gsa.gov mailto:jonathan.hankin@gsa.gov

SECTION G: CLAUSES

Clauses Incorporated by Reference 52.203-3 Gratuities (APR 1984) 52.203-5 Covenant Against Contingent Fees (MAY 2014) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (JUN 2020) 52.203-17 Contractor Employee Whistleblower Rights (Nov 2023) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020) 52.209-7 Information Regarding Responsibility Matters (Oct 2018) 52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services

(Nov 2023) 52.229-3 Federal, State, and Local Taxes (Feb 2013) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) 52.233-1 Disputes (May 2014) 52.242-13 Bankruptcy (July 1995) 52.247-34 F.O.B. Destination (Jan 1991)

DFAR Clauses Incorporated by Reference:

252.211-7003 Item Unique Identification and Valuation (JAN 2023) 252.225-7052 Restriction on the Acquisition of Certain Magnets, Tantalum, and Tungsten (MAY

2024)

GSAR Clauses Incorporated by Reference:

552.211-77 Packing List (Feb 1996) 552.211-89 Non-Manufactured Wood Packaging Material for Export (Jul 2016) 552.211-85 Consistent Pack and Package Requirements (Jan 2010) 552.211-86 Maximum Weight per Shipping Container (Jan 2010) 552.211-87 Export Packing (Jan 2010) 552.211-75 Preservation, Packaging, and Packing (Feb 1996) 552.246-78 Inspection at Destination (JUL 2009) 552.252-6 Authorized Deviations in Clauses (NOV 2021) (Deviation FAR 52.252-6)

Clauses Incorporated By Full Text

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services (Jan 2025)

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

X (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C.

3509)).

_ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

X (4) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

__ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (6) [Reserved].

__ (7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

X (9) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).

__ (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (Dec 2023) ( Pub. L. 115–390, title II).

__ (11) (i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) ( Pub. L. 115–390, title II).

__ (ii) Alternate I (Dec 2023) of 52.204-30.

__ (12) 52.209-6, Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (Jan 2025) ( 31 U.S.C.

6101 note).

__ (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) ( 41 U.S.C. 2313).

__ (14) [Reserved].

__ (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) ( 15 U.S.C.

657a).

__ (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (17) [Reserved] __ (18) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-6.

__ (19) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-7.

__ (20) 52.219-8, Utilization of Small Business Concerns (Jan 2025)( 15 U.S.C. 637(d)(2) and (3)).

__ (21) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2025) ( 15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Nov 2016) of 52.219-9.

__ (iii) Alternate II (Nov 2016) of 52.219-9.

__ (iv) Alternate III (Jun 2020) of 52.219-9.

__ (v) Alternate IV (Jan 2025) of 52.219-9.

__ (22) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

__ (ii) Alternate I (Mar 2020) of 52.219-13.

__ (23) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 657s).

__ (24) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) (15 U.S.C.

637(d)(4)(F)(i)).

__ (25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (Feb 2024) (15 U.S.C. 657f).

__ (26) (i) 52.219-28, Postaward Small Business Program Rerepresentation (Jan 2025) (15 U.S.C. 632(a)(2)).

__ (ii) Alternate I (Mar 2020) of 52.219-28.

__ (27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) (15 U.S.C. 637(m)).

__ (28) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) (15 U.S.C. 637(m)).

__ (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) ( 15 U.S.C. 644(r)).

__ (30) 52.219-33, Nonmanufacturer Rule (Sep 2021) ( 15 U.S.C. 637(a)(17)).

X (31) 52.222-3, Convict Labor (Jun 2003) (E.O. 11755).

X (32) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2025)( E.O.

13126).

__ (33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

__ (34) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

__ (ii) Alternate I (Feb 1999) of 52.222-26.

X (35) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212).

__ (ii) Alternate I (Jul 2014) of 52.222-35.

X (36) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29 U.S.C.

793).

__ (ii) Alternate I (Jul 2014) of 52.222-36.

__ (37) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212).

__ (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

X (39) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O. 13627).

__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

__ (40) 52.222-54, Employment Eligibility Verification (Jan 2025) ( Executive Order 12989).

(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

__ (41) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (May 2024) ( 42 U.S.C. 7671, et seq.).

__ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (May 2024) ( 42 U.S.C. 7671, et seq.).

__ (44) 52.223-20, Aerosols (May 2024) ( 42 U.S.C. 7671, et seq.).

__ (45) 52.223-21, Foams (May 2024) ( 42 U.S.C. 7671, et seq.).

__ (46) 52.223-23, Sustainable Products and Services (May 2024) ( E.O. 14057, 7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).

__ (47) (i) 52.224-3 Privacy Training (Jan 2017) ( 5 U.S.C. 552 a).

__ (ii) Alternate I (Jan 2017) of 52.224-3.

__ (48) (i) 52.225-1, Buy American-Supplies (Oct 2022) (41 U.S.C. chapter 83).

__ (ii) Alternate I (Oct 2022) of 52.225-1.

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) ( 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C.

chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I [Reserved].

__ (iii) Alternate II (Jan 2025) of 52.225-3.

__ (iv) Alternate III (Feb 2024) of 52.225-3.

__ (v) Alternate IV (Oct 2022) of 52.225-3.

__ (50) 52.225-5, Trade Agreements (NOV 2023) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (51) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.

5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

X (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) ( E.O. 13513).

__ (56) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

__ (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

__ (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

X (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) ( 31 U.S.C. 3332).

__ (60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (61) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (62) 52.239-1, Privacy or Security Safeguards (Aug 1996) ( 5 U.S.C. 552a).

X (63) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Nov 2024) (Sections 1821-1826, Pub.

L. 118-31, 41 U.S.C. 3901 note prec.).

__ (64) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

__ (65) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

__ (iii) Alternate II (Nov 2021) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

__ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

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

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

chapter 67).

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

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

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

__ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).

__ (10) 52.247-69, Reporting Requirement for U.S.-Flag Air Carriers Regarding Training to Prevent Human Trafficking (Jan 2025) ( 49 U.S.C. 40118(g)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

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

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

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services. 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 (Nov 2021) (41 U.S.C. 3509).

(ii) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712).

(iii) 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)).

(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).

(v) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(vi) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).

(vii) (A) 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) ( Pub. L. 115–390, title II).

(B) Alternate I (Dec 2023) of 52.204–30.

(viii) 52.219-8, Utilization of Small Business Concerns (Jan 2025) ( 15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(ix) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(x) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

(xi) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

(xiii) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

(xiv) 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.

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

(xvi) (A) 52.222-50, Combating Trafficking in Persons (Nov 2021) (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).

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

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

(xix) 52.222-54, Employment Eligibility Verification (Jan 2025) ( E.O. 12989).

(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

(xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

(xxii) (A) 52.224-3, Privacy Training (Jan 2017) ( 5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xxiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

(xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.

(xxvi) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Nov 2024) (Sections 1821-1826, Pub.

L. 118-31, 41 U.S.C. 3901 note prec.).

(xxvii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment (Nov 2021)

(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—

(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…