Amendment 0001 - PR ERFO FS 2017-1(3).pdf

(x)

693C7321R000021 x x

1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted ; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT 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.

x

ASHBURN VA 20147

ATTN: CONSTRUCTION

693C73

SUITE E2-3-300

QUANTUM PARK, 22001 LOUDOUN COUNTY PKWY

EASTERN FEDERAL LANDS HIGHWAY DIVISION

FEDERAL HIGHWAY ADMINISTRATION

ASHBURN VA 20147

ATTN: ACQUISITIONS

693C73

SUITE E2-3-300

QUANTUM PARK, 22001 LOUDOUN COUNTY PKWY

EASTERN FEDERAL LANDS HIGHWAY DIVISION

FEDERAL HIGHWAY ADMINISTRATION

See Block 1406/17/20210001

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.is extended, Items 8 and 15, and returning

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

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FACILITY CODE CODE

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NO.

CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

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

PAGE OF PAGES

4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)

1. CONTRACT ID CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

06/07/2021

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

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority) appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

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

ORDER NO. IN ITEM 10A.

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

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

(Signature of person authorized to sign) (Signature of Contracting Officer)

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

STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

Previous edition unusable

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

Project PR ERFO FS 2017-1(3)

The purpose of this Amendment is to:

1) Revise the Solicitation's Federal Acquisition Regulation (FAR) and Transportation Acquisition Regulation (TAR) Contract Clauses Index to:

a) Replace the Contract Clause Index to add FAR Clause 52.216-4 "Economic Price Adjustment

- Labor and Material" and FAR Clause 52.248-3 Alt. 1 "Value Engineering - Construction" as part of the FAR and TAR clauses incorporated by Full Text.

b) See FAR & TAR Contract Clauses Index Changes Summary_Amendment 1.pdf for details.

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

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 60

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

693C7321R000021/0001

2) Revise the Solicitation's Federal Acquisition Regulation and Transportation Acquisition

Regulation Clauses in the General Contract

Requirements (G Pages) to:

a) Replace the G pages to add the text for FAR Clause 52.248-3 "Value Engineering - Construction

(Oct 2020)".

b) See G Pages Changes Summary_Amendment 1.pdf for details.

3) Revise the Solicitation's Federal Acquisition Regulation and Transportation Acquisition

Regulation Clauses in the Construction Contract

Requirements (H Pages) to:

a) Replace the H pages to add the text for FAR Clause 52.216-4 "Economic Price Adjustment -

Labor and Material (Jan 2017)".

b) See H Pages Changes Summary_Amendment 1.pdf for details.

4) Provide the US Army Corps of Engineer's Joint Permit Application for the project.

5) Provide the NPDES Construction General Permit Coverage email.

6) Provide Pre-Proposal Meeting Minutes.

The RFP Proposal Package (both Technical and

Price proposals) due date of July 8, 2021 at 2:00 p.m. remains the same.

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

Amendment No. 0001

Info Page 1 of 1

U.S. DEPARTMENT OF TRANSPORTATION

FEDERAL HIGHWAY ADMINISTRATION

EASTERN FEDERAL LANDS HIGHWAY DIVISION

Amendment No. 0001 Project PR ERFO FS 2017-1(3)

El Yunque National Forest Repair Storm Damage on PR-191, PR-9938, PR-988, PR-9966, PR-930, and PR-186

Solicitation: 693C73-21-R-000021

The purpose of this Amendment is to:

1) Revise the Solicitation’s Federal Acquisition Regulation (FAR) and Transportation Acquisition Regulation (TAR) Contract Clauses Index to:

a) Replace the Contract Clause Index to add FAR Clause 52.216-4 “Economic Price Adjustment – Labor and Material” and FAR Clause 52.248-3 Alt. 1 “Value Engineering – Construction” as part of the FAR and TAR clauses incorporated by Full Text.

b) See FAR & TAR Contract Clauses Index Changes Summary_Amendment 1.pdf for details.

2) Revise the Solicitation’s Federal Acquisition Regulation and Transportation Acquisition Regulation Clauses General Contract Requirements (G Pages) to:

a) Replace the G pages to add the text for FAR Clause 52.248-3 “Value Engineering

– Construction (Oct 2020)”.

b) See G Pages Changes Summary_Amendment 1.pdf for details.

3) Revise the Solicitation’s Federal Acquisition Regulation and Transportation Acquisition Regulation Clauses Construction Contract Requirements (H Pages) to:

a) Replace the H pages to add the text for FAR Clause 52.216-4 “Economic Price Adjustment – Labor and Material (Jan 2017)”.

b) See H Pages Changes Summary_Amendment 1.pdf for details.

4) Provide the US Army Corps of Engineer’s Joint Permit Application for the project.

5) Provide the NPDES Construction General Permit Coverage email.

6) Provide Pre-Proposal Meeting Minutes.

The RFP Proposal Package (both Technical and Price proposals) due date of July 8, 2021 at 2:00 p.m. remains the same.

CONTRACT CLAUSES INDEX

FEDERAL ACQUISITION REGULATION (FAR) TRANSPORTATION ACQUISITION REGULATION (TAR)

(Updated thru FAC 2021-05 on 3/10/2021)

FAR & TAR CLAUSES INCORPORATED BY REFERENCE

CLAUSE TITLE DATE REMARKS

52.202-1 DEFINITIONS Jun-20 52.203-3 GRATUITIES Apr-84 52.203-5 COVENANT AGAINST CONTINGENT FEES May-14 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT Jun-20 52.203-7 ANTI-KICKBACK PROCEDURES Jun-20 52.203-8 CANCEL & RECOVER OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY May-14 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY May-14

52.203-11

CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS Sep-07

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS Jun-20 52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT Jun-20 52.203-14 DISPLAY OF HOTLINE POSTER(S) Jun-20 52.204-2 SECURITY REQUIREMENTS (ALT II - (Apr 84)) Mar-21 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER May-11 52.204-7 SYSTEM FOR AWARD MANAGEMENT Oct-18 Contractor Mandatory Internet Data Input 52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS Jun-20 Contractor Mandatory Internet Data Input 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE Oct-18 Contractor Mandatory Internet Data Input 52.204-14 SERVICE CONTRACT REPORTING REQUIREMENTS Oct-16 Contractor Mandatory Internet Data Input 52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING Aug-20 52.204-17 OWNERSHIP OR CONTROL OF OFFEROR Aug-20 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE Aug-20 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS Dec-14 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS Jun-16

52.209-6

PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS

DEBARRED, SUSPENDED OR PROPOSED FOR DEBARMENT Jun-20

52.209-11

REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY

CONVICTION UNDER ANY FEDERAL LAW Feb-16

52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE Nov-20 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS Oct-18 52.219-9 ALT 1 SMALL BUSINESS SUBCONTRACTING PLAN (ALT 1 - (Nov 16)) Jun-20 Large Business Mandatory Submittal Requirement 52.219-14 LIMITATIONS ON SUBCONTRACTING Mar-20

52.252-2 Clauses Incorporated By Reference (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. The full text of a clause may be accessed electronically at this address: www.acquisition.gov

(End of Clause)

(Updated thru FAC 2021-05 on 3/10/2021)

52.219-16 LIQUIDATED DAMAGES - SUBCONTRACTING PLAN Jan-99 52.219-31 NOTICE OF SMALL BUSINESS RESERVE Mar-20 52.219-32 ORDERS ISSUED DIRECTLY UNDER SMALL BUSINESS RESERVES Mar-20 52.219-33 NONMANUFACTURER RULE Mar-20 52.222-3 CONVICT LABOR Jun-03 52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS -- OVERTIME COMPENSATION May-18 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS - SECONDARY SITE OF THE WORK May-14 52.222-6 CONSTRUCTION WAGE RATE REQUIREMENTS Aug-18 Contractor Mandatory Wage Rates Posting 52.222-7 WITHHOLDING OF FUNDS May-14 52.222-8 PAYROLLS AND BASIC RECORDS Aug-18 Contractor Weekly Payroll Submittals 52.222-9 APPRENTICES AND TRAINEES Jul-05 52.222-10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS Feb-88 52.222-11 SUBCONTRACTS (LABOR STANDARDS) May-14 52.222-12 CONTRACT TERMINATION -- DEBARMENT May-14 52.222-13 COMPLIANCE WITH CONSTRUCTION WAGE RATE REQUIREMENTS AND RELATED REGULATIONS May-14 52.222-14 DISPUTES CONCERNING LABOR STANDARDS Feb-88 52.222-15 CERTIFICATION OF ELIGIBILITY May-14 52.222-19 CHILD LABOR - COOPERATION WITH AUTHORITIES AND REMEDIES Mar-20 52.222-21 PROHIBITION OF SEGREGATED FACILITIES Feb-99 52.222-26 EQUAL OPPORTUNITY Sep-16 52.222-27 AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR CONSTRUCTION Apr-15 52.222-32 CONSTRUCTION WAGE RATE REQUIREMENTS - PRICE ADJUSTMENT (ACTUAL METHOD) Aug-18

52.222-35 EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS, VETERANS OF THE VIETNAM ERA, & OTHER ELIGIBLE VETERANS Jun-20

52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES Jun-20 52.222-37 EMPLOYMENT REPORTS ON VERTERANS Jun-20 52.222-38 COMPLIANCE WITH VETERANS' EMPLOYMENT REPORTING REQUIREMENTS Feb-16 Contractor Annual Mandatory Reporting Requirement 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT Mar-15 52.222-50 COMBATING TRAFFICKING IN PERSONS Oct-20 52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION Oct-15 52.222-55 MINIMUM WAGES UNDER EXECUTIVE ORDER 13658 Nov-20 52.222-62 PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706 Jan-17 52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION CONTRAC Sep-13 http://www.biopreferred.gov 52.223-5 POLLUTION PREVENTION AND RIGHT TO KNOW INFORMATION May-11 52.223-6 DRUG-FREE WORKPLACE May-01 Contractor Annual Contractor Reporting Requirement 52.223-10 WASTE REDUCTION PROGRAM May-11 52.223-15 ENERGY EFFICIENCY IN ENERGY-CONSUMING PRODUCTS May-20 52.223-17 AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN SERVICE AND CONSTRUCTION CONTRACTS Aug-18 Mandatory 52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING Jun-20 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES Feb-21 52.227-1 AUTHORIZATION AND CONSENT Jun-20 52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT Jun-20 52.227-4 PATENT INDEMNITY-CONSTRUCTION CONTRACTS Dec-07 52.227-14 RIGHTS IN DATA - GENERAL May-14 52.227-17 RIGHTS IN DATA - SPECIAL WORKS Dec-07 http://www.biopreferred.gov/

(Updated thru FAC 2021-05 on 3/10/2021)

52.228-2 ADDITION BOND SECURITY Oct-97 Contractor Submittal Requirement 52.228-5 INSURANCE - WORK ON A GOVERNMENT INSTALLATION Jan-97 52.228-11 INDIVIDUAL SURETY - PLEDGES OF ASSETS Feb-21 52.228-12 PROSPECTIVE SUBCONTRACTOR REQUESTS FOR BONDS May-14 52.228-14 IRREVOCABLE LETTER OF CREDIT Nov-14 Contractor Submittal Requirement 52.228-17 INDIVIDUAL SURETY - PLEDGE OF ASSESTS BID GAURANTEE Feb-21 52.229-3 FEDERAL, STATE, AND LOCAL TAXES Feb-13 52.230-2 COST ACCOUNTING STANDARDS Jun-20 52.230-3 DISCLOSURE AND CONSISTENCY OF COST ACCOUNTING PRACTICES Aug-20 52.230-6 ADMINISTRATION OF COST ACCOUNTING STANDARDS Jun-10 Contractor Submittal Requirement 52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS May-14 52.232-13 NOTICE OF PROGRESS PAYMENTS Apr-84 52.232-16 PROGRESS PAYMENT Jun-20 52.232-17 INTEREST May-14 52.232-18 AVAILABILITY OF FUNDS Apr-84 52.232-23 ASSIGNMENT OF CLAIMS May-14 52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS Jan-17 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER - SYSTEM FOR AWARD MANAGEMENT Oct-18 52.232-39 UNINFORCEABILITY OF UNAUTHORIZED OBLIGATIONS Jun-13 52.233-1 ALT 1 DISPUTES (ALT-1, DEC-91) May-14 52.233-3 PROTEST AFTER AWARD Aug-96 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM Oct-04 52.236-2 DIFFERING SITE CONDITIONS Apr-84 52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK Apr-84 52.236-5 MATERIAL AND WORKMANSHIP Apr-84 52.236-6 SUPERINTENDENCE BY THE CONTRACTOR Apr-84 52.236-7 PERMITS AND RESPONSIBILITIES Nov-91 52.236-8 OTHER CONTRACTS Apr-84 52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES & IMPROVEMENTS Apr-84 52.236-10 OPERATIONS AND STORAGE AREAS Apr-84 52.236-11 USE AND POSSESSION PRIOR TO COMPLETION Apr-84 52.236-12 CLEANING UP Apr-84 52.236-13 ACCIDENT PREVENTION Nov-91 Contractor Submittal Requirement 52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS Apr-84 52.236-17 LAYOUT OF WORK Apr-84 52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION Feb-97 52.236-26 PRECONSTRUCTION CONFERENCE Feb-95 52.242-5 PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS Jan-17 52.242-13 BANKRUPTCY Jul-95 52.242-14 SUSPENSION OF WORK Apr-84 52.243-4 CHANGES Jun-07 52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS Nov-20 52.245-2 GOVERNMENT PROPERTY INSTALLATION OPERATION SERVICES Apr-12 52.246-12 INSPECTION OF CONSTRUCTION Aug-96 52.249-2 ALT 1 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED PRICE) (ALT-I, Sep-96) Apr-12

(Updated thru FAC 2021-05 on 3/10/2021)

52.249-10 DEFAULT (FIXED-PRICE CONSTRUCTION) Apr-84 52.253-1 COMPUTER GENERATED FORMS Jan-91

TAR CLAUSES INCORPORATED BY REFERENCE

1252.211-70 INDEX FOR SPECIFICATIONS Apr-05 1252.242-73 CONTRACTING OFFICERS TECHNICAL REPRESENTATIVE Oct-94

FAR & TAR PROVISIONS INCORPORATED BY REFERENCE

52.217-3 EVALUATION EXCLUSIVE OF OPTION Apr-84 52.217-4 EVALUATION OF OPTIONS EXERCISED AT TIME OF CONTRACT AWARD Jun-88 52.217-5 EVALUATION OF OPTIONS Jul-90 52-217-7 OPTION FOR INCREASED QUANTITY -- SEPARATELY PRICED LINE ITEM Mar-89

(Updated thru FAC 2021-05 on 3/10/2021)

FAR & TAR CLAUSES INCORPORATED BY FULL TEXT

CLAUSE TITLE DATE SECTION SECTION TYPE REMARKS

52.203-17

CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM

EMPLOYEES OF WHISTELBLOWER RIGHTS Jun-20 G GEN'L CONTRACT REQS.

52.203-18

PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL

CONFIDENTIALITY AGREEMENTS OR STATEMENTS - REPRESENTATION Jan-17 G GEN'L CONTRACT REQS.

52.203-19

PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR

STATEMENTS Jan-17 G GEN'L CONTRACT REQS.

52.204-23

PROHIBITION ON CONTRACTING FOR HARDWARE, SOTFWARE, AND SERVICES DEVELOPED OR

PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES Jul-18 G GEN'L CONTRACT REQS.

52.204-25

PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMINICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT Aug-20 G GEN'L CONTRACT REQS.

52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS Oct-18 G GEN'L CONTRACT REQS.

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK Apr-84 H CONSTR. CONTRACTS REQS Government Fill In 52.211-12 LIQUIDATED DAMAGES - CONSTRUCTION Sep-00 H CONSTR. CONTRACTS REQS Government Fill In 52.211-18 VARIATION IN ESTIMATED QUANTITY Apr-84 H CONSTR. CONTRACTS REQS 52.216-4 ECONOMIC PRICE ADJUSTMENT - LABOR AND MATERIAL Jan-17 H CONSTR. CONTRACTS REQS Contractor Submittal Reqs

52.222-23

NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT

OPPORTUNITY FOR CONSTRUCTION Feb-99 F SOCIOECON PROG REQS Contractor Reporting Reqs

52.223-3 ALT I HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (ALT-I, JUL-95) Feb-21 G GEN'L CONTRACT REQS. Contractor Submittal Reqs 52.223-4 RECOVERED MATERIAL CERTIFICATION May-08 G GEN'L CONTRACT REQS. Contractor Submittal Reqs 52.223-9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPA DESIGN ITEMS May-08 G GEN'L CONTRACT REQS. Contractor Reporting Reqs 52.225-9 BUY AMERICAN - CONSTRUCTION MATERIALS Feb-21 F SOCIOECON PROG REQS Govt & Contractor Fill In 52.228-15 PERFORMANCE AND PAYMENT BONDS - CONSTRUCTION Jun-20 G GEN'L CONTRACT REQS. Contractor Submittal Reqs 52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR Apr-84 H CONSTR. CONTRACTS REQS Government Fill In 52.236-4 PHYSICAL DATA Apr-84 H CONSTR. CONTRACTS REQS Government Fill In 52.248-3 Alt 1 VALUE ENGINEERING - CONSTRUCTION (ALT -I APR-84) Oct-20 G GEN'L CONTRACT REQS. Contractor Submittal Reqs

TAR CLAUSES INCORPORATED BY FULL TEXT

FAR PT 22.9 NONDISCRIMINATION BECAUSE OF AGE POLICY Feb-64 F SOCIOECON PROG REQS Executive Order 11141-Not A Clause

(Updated thru FAC 2021-05 on 3/10/2021)

FAR & TAR PROVISIONS INCORPORATED BY REFERENCE

CLAUSE TITLE DATE REMARKS

52.204-20 PREDECESSOR OF OFFEROR Aug-20 52.204-22 ALTERNATIVE LINE ITEM PROPOSAL Jan-17 52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS-CERTIFICATION Feb-21 52.211-6 BRAND NAME OR EQUAL Aug-99 52.214-3 AMENDMENTS TO INVITATIONS FOR BIDS Dec-89 52.214-4 FALSE STATEMENTS IN BIDS Apr-84 52.214-5 SUBMISSION OF BIDS Mar-97 52.214-6 EXPLANATION TO PROSPECTIVE BIDDERS Apr-84 52.214-7 LATE SUBMISSIONS, MODIFICATIONS, AND WITHDRAWALS OF BIDS Nov-99 52.214-18 PREPARATION OF BIDS -- CONSTRUCTION Apr-84 52.214-19 CONTRACT AWARD -- SEALED BIDDING -- CONSTRUCTION Aug-96 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATION Nov-20 52.219-2 EQUAL LOW BIDS Oct-95 52.215-1 INSTRUCTIONS TO OFFERORS - COMPETITIVE ACQUISITION (ALT I (OCT - 97)) Jan-17 52.215-2 AUDIT AND RECORDS - NEGOTIATION Jun-20 52.215-14 INTEGRITY OF UNIT PRICE Jun-20 52.223-1 BIOBASED PRODUCT CERTIFICATION May-12 52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN ACTIVITIES OR TRANSACTIONS RELATIN Jun-20

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by the paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision my be accessed electronically at this address: www.acquisition.gov

52.252-1 Solicitation Provisions Incorporated By Reference (Feb 1998)

(Updated thru FAC 2021-05 on 3/10/2021)

FAR PROVISIONS INCORPORATED BY FULL TEXT

PROVISION TITLE DATE SECTION SECTION TYPE REMARKS

52.203-11

CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE

CERTAIN FEDERAL TRANSACTIONS Sep-07 F

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS Mar-20 D REPS & CERTIFICATIONS Mandatory Contractor On-Line Input

52.204-24

REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT Oct-20 G GEN'L CONTRACT REQS.

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES-REPRESENTATION Oct-20 G GEN'L CONTRACT REQS.

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS Aug-20 K 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS Oct-18 K

52.211-4

AVAILABILITY FOR EXAMINATION OF SPECIFICATIONS NOT LISTED IN GSA INDEX

OF FEDERAL SPECIFICATION, STANDARDS AND COMMERCIAL ITEM DESCRIPTIONS Jun-88 E INSTRUCTIONS TO BIDDERS Government Fill In

52.216-1 TYPE OF CONTRACT Apr-84 E INSTRUCTIONS TO BIDDERS Government Fill In 52.222-38 COMPLIANCE WITH VETERANS' EMPLOYMENT REPORTING REQUIREMENTS Sep-10 K

52.223-22

PUBLIC DISCLOSURE OF GREENHOUSE GSA EMISSIONS AND REDUCTION GOALS -

REPRESENTATION Dec-16 F

52.225-10 ALT

NOTICE OF BUY AMERICAN REQUIREMENT - CONSTRUCTION MATERIAL (ALT 1

MAY-14) May-14 F SOCIOECON PROG REQS

52.225-20

PROHIBITION ON CONDUCTING RESTRICTED BUSINESS OPERATIONS IN SUDAN -

CERTIFICATION Aug-09 K

52.228-1 BID GUARANTEE Sep-96 E INSTRUCTIONS TO BIDDERS Contractor Submittal Reqs 52.230-7 PROPOSAL DISCLOSURE - COST ACCOUNTING PRACTICE CHANGES Apr-05 K 52.233-2 SERVICE OF PROTEST Sep-06 E INSTRUCTIONS TO BIDDERS Government Fill In 52.236-27 SITE VISIT (CONSTRUCTION) Feb-95 E CONSTR. CONTRACT REQS. Government Fill In

OTHER PROVISIONS INCORPORATED BY FULL TEXT

FAR & TAR Contract Clauses Index Changes Summary Page 1 of 1

Federal Acquisition Regulation (FAR) Transportation Acquisition Regulation (TAR) Contract Clauses Index changes

1. Delete the Federal Acquisition Regulation (FAR) Transportation Acquisition Regulation (TAR) Contract Clauses Index, pages 1 through 7, and substitute with the amended Federal Acquisition Regulation (FAR) Transportation Acquisition Regulation (TAR) Contract Clauses Index, pages 1 through 7.

a) Revised FAR & TAR Clauses Incorporated by Full Text to add the following clauses:

1. FAR Clause 52.216-4 “Economic Price Adjustment – Labor and Material”

2. FAR Clause 52.248-3 Alt. 1 “Value Engineering – Construction”

G-1

FEDERAL ACQUISITION REGULATION AND

TRANSPORTATION ACQUISITION REGULATION CLAUSES

GENERAL CONTRACT REQUIREMENTS

(Updated through FAC 2021-05)

52.203-17 – Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights (Jun 2020)

(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the pilot program on Contractor employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239) and Federal Acquisition Regulation (FAR) 3.908.

(b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712, as described in FAR 3.908.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold, as defined in FAR 2.101on the date of subcontract award.

(End of clause)

52.203-18 - Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation (Jan 2017)

(a) Definition.

“Internal confidentiality agreement or statement,” “subcontract”, and “subcontractor”, as used in this provision, are defined in the clause at 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.

(b) In accordance with 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), Government agencies are not permitted to use funds appropriated (or otherwise made available) for contracts with an entity that requires employees or subcontractors of such entity seeking to report waste, fraud, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(c) The prohibition in paragraph (b) of this provision does not contravene requirements applicable to Standard Form 312, (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d) Representation. By submission of its offer, the Offeror represents that it will not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).

(End of provision)

52.203-19 - Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017)

(a) Definitions. As used in this clause– “Internal confidentiality agreement or statement” means a confidentiality agreement or any other written statement that the contractor requires any of its employees or subcontractors to sign regarding nondisclosure of contractor information, except that it does not include confidentiality agreements arising out of civil litigation or confidentiality agreements that contractor employees or subcontractors sign at the behest of a Federal agency.

“Subcontract” means any contract as defined in subpart 2.1 entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders.

“Subcontractor” means any supplier, distributor, vendor, or firm (including a consultant) that furnishes supplies or services to or for a prime contractor or another subcontractor.

(b) The Contractor shall not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).

(c) The Contractor shall notify current employees and subcontractors that prohibitions and restrictions of any preexisting internal confidentiality agreements or statements covered by this clause, to the extent that such prohibitions and restrictions are inconsistent with the prohibitions of this clause, are no longer in effect.

(d) The prohibition in paragraph (b) of this clause does not contravene requirements applicable to Standard Form 312 (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(e) In accordance with section 743 of Division E, Title VII, G-2 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) use of funds appropriated (or otherwise made available) is prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.

(f) The Contractor shall include the substance of this clause, including this paragraph (f), in subcontracts under such contracts.

(End of clause)

52.204-23 - Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018)

(a) Definitions. As used in this clause-- Covered article means any hardware, software, or service that--

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

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

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

Covered entity means--

(1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab;

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

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

(b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L.

115-91) prohibits Government use of any covered article.

The Contractor is prohibited from--

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

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

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

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

(i) Within 1 business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; brand;

model number (Original Equipment Manufacturer (OEM) number, manufacturer part number, or wholesaler number);

item description; and any readily available information about mitigation actions undertaken or recommended.

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

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

(End of clause)

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Oct 2020)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it ‘‘does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument’’ in paragraph (c)(1) in the provision at 52.204–26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212–3, Offeror Representations and Certifications–Commercial Items.

The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it “does not use covered telecommunications equipment, system, or service that uses covered telecommunications equipment or services” in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision- Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S.

McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115–232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

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(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115–232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for ‘‘covered telecommunications equipment or services.’’

(d) Representations. The Offeror represents that—

(1) It [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds ‘‘will’’ in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that— It [ ] does, [ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds ‘‘does’’ in paragraph (d)(2) of this section.

(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded ‘‘will’’ in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

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

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

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

(ii) For covered services—

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

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

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

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

(i) For covered equipment—

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

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

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

(ii) For covered services—

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

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

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

(End of provision)

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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 FAR4.2104.

(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—

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(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)

52.204-26 Covered Telecommunications Equipment or Services-Representation - (Oct 2020)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and “reasonable inquiry” have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain

Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(c) Representations. (1) The Offeror represents that it

□ does, □ does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ] does, [ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

(End of provision)

52.209-9 – Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018)

(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the System for Award Management via https://www.sam.gov/.

(b) As required by section 3010 of the Supplemental Appropriations Act, 2010 (Pub. L. 111-212), all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. FAPIIS consist of two segments—

(1) The non-public segment, into which Government officials and the Contractor post information, which can only be viewed by—

(i) Government personnel and authorized users performing business on behalf of the Government; or

(ii) The Contractor, when viewing data on itself; and

(2) The publicly-available segment, to which all data in the non-public segment of FAPIIS is automatically transferred after a waiting period of 14 calendar days, except for--

(i) Past performance reviews required by subpart 42.15;

(ii) Information…