70Z08524RLREP1490 Solicitation Amendment 0003.pdf
PDF 972 KB Posted
- Attached to
- Dock-Side: USCGC MUNRO FY24 DS
- Solicitation number
- 70Z08524RLREP1490
About this file
This document is an amendment to solicitation 70Z08524RLREP1490 for the Dock-Side: USCGC MUNRO FY24 DS contract opportunity issued by the U.S. Coast Guard (USCG) Surface Forces Logistics Center (SFLC). The contract is for dockside repairs on the USCGC MUNRO cutter at the USCG Base in Alameda, CA. The procurement is 100% set-aside for small businesses. Key details include:
- The anticipated contract award date is on or before May 20, 2024, with a period of performance from June 20 to August 20, 2024.
- The solicitation was amended to update the Performance Work Statement, attachments, and response dates. The proposal due date was changed from April 22 to April 25, 2024.
- Contractors must have a Joint Certification Program (JCP) number to access certain technical documents. Requests for the technical package are due by April 12, 2024.
- Questions are due by April 15, 2024 and should be submitted using the provided Request for Clarification Form.
- The contract will be a firm-fixed-price requirements type contract. Pricing will be evaluated for fairness and reasonableness.
View the file
Other files
Show all 17
On GovTribe
Work with this file
- Download the original file
- Contacts named in this file
- Similar government files
- Ask GovTribe AI about this file
Text version
AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT
1. CONTRACT ID CODE PAGE OF PAGES
2. AMENDMENT/MODIFICATION NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicable) A0003 4/17/2024
6. ISSUED BY CODE 7. ADMINISTERED BY (If other than Item 6) CODE USCG Surface Forces Logistics Center Attn: Tatiana Sher 42 Eagle Rd.
Alameda, CA 94501 E-mail: Tatiana.sher@uscg.mil
8. NAME AND ADRESS OF CONTRACTOR (no., street, county, State and ZIP Code) √ 9.A AMENDMENT OF SOLICITATION NO.
70Z08524RLREP1490
9B. DATE (SEE ITEM 11)
3/21/2024
10A. MODIFICATION OF CONTRACT/ORDER
NO.
10B. DATED (SEE ITEM 13)
CODE FACILITY CODE
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended, is not extended. Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods: (a) By completing Items 8 and 15, and returning 1 copy of the amendment; (b) By acknowledging receipt of this amendment on each copy of the Offer submitted: or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEGEMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.
12. ACCOUNTING AND APPROPRIATION DATA (If required)
13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,
IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.
A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT/.ORDER NO. IN ITEM 10A.
B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation data, etc) SET FORTH IN ITEM 14, PURSUANT TO AUTHORITY OF FAR 43.103(b).
C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:
D. OTHER (Specify type of modification and authority).
E. IMPORTANT: Contractor is not, is required to sign this document and return 1 copies to the issuing office.
14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)
MUNRO DS FYQ3 FY24
See next page.
Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remain unchanged and in full force and effect.
15A. NAME AND TITLE OF SIGNER (Type or print) 16A NAME AND TITLE OF CONTRACTING OFFICER (Type or print)
15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 16C. DATE SIGNED
BY
(Signature of person authorized to sign) (Signature of Contracting Officer)
NSN 7540-01-152-8070 30-105 STANDARD FORM 30 (REV. 11/2016)
)PREVIOUS EDITION UNUSABLE Prescribed by GSA, FAR (48 CFR) 53.243
CONTINUATION OF SF 30 – BLOCK 14
70Z08524RLREP1490 is hereby amended (70Z08524RLREP1490A0003) as follows:
1. The document titled: 70Z08524RLREP1490 Solicitation Amendment 0002 is hereby replaced in its entirety with 70Z08524RLREP1490 Solicitation Amendment 0003. The following changes are marked in the right hand margin with an A0003:
a. The SF1449 is hereby changes as follows:
a) box number 8 is hereby changed from 22 April 2024/1200PT to 25 April 0900PT.
b. In Section B, paragraph B5. CONTRACT ORDERING PERIODS / PERIOD OF PERFORMANCES (POP) the second paragraph is hereby changed from “Anticipated contract award is on or before 15 May 2024” to “Anticipated contract award is on or before 20 May 2024”.
c. All references for USCGC MUNRO (WMSL 755) Specifications for Dockside Repairs FY2024 (REV-2, 04 APR 2024) are hereby changed to USCGC MUNRO (WMSL 755) Specifications for Dockside Repairs FY2024 (REV-3, 15 APR 2024). All references to 70Z08524RLREP1490, Attachment 2 PWS_MUNRO (WMSL 755) DS FQ3 DAR 24_final_REV2 are hereby changed to 70Z08524RLREP1490, Attachment 2 PWS_MUNRO (WMSL
755) DS FQ3 DAR 24_final_REV3.
d. Paragraph C1. List of Attachments for Attachment (3), Consolidated List of References 04 APR 2024 is hereby changed to Attachment (3), Consolidated List of References 15 APR 2024.
2. The document titled 70Z08524RLREP1490 Attachment 2 PWS MUNRO (WMSL 755) DS FQ3 DAR 24 final
REV2is hereby replaced in its entirety with 70Z08524RLREP1490 Attachment 2 PWS MUNRO (WMSL 755) DS FQ3 DAR 24 final REV3.
3. The document titled 70Z08524RLREP1490 Attachment 3 Consolidated List of References 04 APR 2024 is hereby replaced in its entirety with 70Z08524RLREP1490 Attachment 3 Consolidated List of References 15 APR 2024.
4. Attached are responses to Requests for Clarifications (RFCs): RFC 010-012.
5. The proposal closing date is hereby changed from 22 April 2024/1200PT to 25 April 2024/0900PT.
6. No other changes are made or implied.
Request for Clarification (RFC 010)
Offeror’s Name:
Solicitation No.: 70Z08524RLREP1490 Date: 11Apr24
Question No.
Section: Para. No.:
Work Item No.: D-024 Para. No.:
3.3
Title: Gas Turbine Exhaust Tie Rod Supports, Renew
Para. No.:
Question: Paragraph 3.3 references OEM Technical Documents/Recommendations as guidance. Additionally, Coast Guard Drawing 750-WMSL-259-010, in the parts list on SH8, references a variety of OEM parts under OEM drawing #DE7718. Will USCG provide the referenced technical documents and OEM drawing #DE7718?
Answer:
Please see revisions made to work item 24 in the third revision to the Specifications/PWS.
The OEM for the gas turbine system is:
W.R. Davis Engineering Limited 1260 Old Innes Road Ottawa, ON Canada
Contractor to acquire access to OEM technical documents.
Request for Clarification (RFC 011)
Date: 4/12/2024
Question No. 11 Section: Para. No.: Table 1 Work Item No.:
WI-024
Para. No.:
Title: Gas Turbine Exhaust Tie Rod Supports, Renew
Question: Who is the Manufacture, Supply Source for the Tierod’s?
Please see revisions made to work item 24 in the third revision to the Specifications/PWS.
The OEM for the gas turbine system is:
W.R. Davis Engineering Limited 1260 Old Innes Road Ottawa, ON Canada
W.R. Davis Engineering Limited’s documents should list the parts they used.
Request for Clarification (012)
Date: 4/12/2024
Question No.
Section: Para. No.: 3.4 Work Item No.:
WI-018
Para. No.:
Title: Temporary Services
Question: How long does the CG need the Shower Trailers? (2) Weeks (4) Weeks Ect……
Temp services timeline is driven by the contractor’s estimation of the grey water work to be completed and is covered by the SFLC STD SPEC 0000 below:
3.2.11.1 Sanitary facilities for vessel-personnel – due to disruption of grey water and sewage systems. When the shipboard grey water and sewage systems are disrupted due to repairs required by contract work, the Contractor shall provide vessel-personnel with a sanitary facility, within a five minute walking distance from the vessel, to include the amenities listed in Table 2(Sanitary Facility Amenities)…
2. AMENDMENT/MODIFICATION NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicable) A0002 4/10/2024
6. ISSUED BY CODE 7. ADMINISTERED BY (If other than Item 6) CODE USCG Surface Forces Logistics Center Attn: Tatiana Sher 42 Eagle Rd.
E-mail: Tatiana.sher@uscg.mil
8. NAME AND ADRESS OF CONTRACTOR (no., street, county, State and ZIP Code) √ 9.A AMENDMENT OF SOLICITATION NO.
9B. DATE (SEE ITEM 11)
3/21/2024
10A. MODIFICATION OF CONTRACT/ORDER
NO.
10B. DATED (SEE ITEM 13)
CODE FACILITY CODE
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended, is not extended. Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods: (a) By completing Items 8 and 15, and returning 1 copy of the amendment; (b) By acknowledging receipt of this amendment on each copy of the Offer submitted: or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEGEMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to
A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT/.ORDER NO. IN ITEM 10A.
B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation data, etc)
E. IMPORTANT: Contractor is not, is required to sign this document and return 1 copies to the issuing office.
14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)
MUNRO DS FYQ3 FY24
Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remain unchanged and in full force and effect.
15A. NAME AND TITLE OF SIGNER (Type or print) 16A NAME AND TITLE OF CONTRACTING OFFICER (Type or print)
NSN 7540-01-152-8070 30-105 STANDARD FORM 30 (REV. 11/2016)
)PREVIOUS EDITION UNUSABLE Prescribed by GSA, FAR (48 CFR) 53.243
70Z08524RLREP1490 is hereby amended (70Z08524RLREP1490A0002) as follows:
2. The document titled: 70Z08524RLREP1490 Solicitation Amendment 0001 is hereby replaced in its entirety with 70Z08524RLREP1490 Solicitation Amendment 0002. The following changes are marked in the right hand margin with an A0002:
a. The SF1449 is hereby changes as follows:
a) box 6 is hereby changed from 19MAR2024 to 21MAR2024.
b) box number 8 is hereby changed from 17APR2024/1200PT to 22 April 2024/1200PT.
b. All references to the Attachment (1), Price Schedule are hereby changed to Attachment (1), Price Schedule, REV 1. All references to Price Schedule are hereby changed to Price Schedule REV 1.
c. In Section B. paragraph B.7 REQUEST FOR TECHNICAL PACKAGE the following is hereby changed:
a) First sentence is hereby changed from “The last day to request the technical package regarding this solicitation is 02 APR 2024” to “ The last day to request the technical package regarding this solicitation is 12
APR 2024”.
b) The date in the first sentence of the third paragraph is hereby changed from “… no later than 1400 Pacific Time (PT) 02 APR 2024” to “… no later than 1400 Pacific Time (PT) 12 APR 2024”.
d. In Section B, paragraph B8. QUESTIONS, end of the first sentence is hereby changed from “no later than 1200 PT 08 APR 2024” to “no later than 1200 PT 15 APR 2024”.
e. In Section D. paragraph N) Progress Payments, sub-paragraphs e) and f) are hereby deleted. Sub-paragraph g) is now sub-paragraph e).
f. In Section D. paragraph G) ASSOCIATE CONTRACTOR AGREEMENT (ACA) the following is hereby changed in sub-paragraph (c) from “ Monroe Cable Remediation work by NIWC, which will involve them pulling cables throughout the ship. They are pulling ~50% of all the cable onboard, thus there is a high likelihood some sort of interference” to “There are no known Associate Contractors at this time. The contracting officer’s representative will provide any new information after contract award; as applicable”.
g. In HSAR 3052.212-70 CONTRACT TERMS AND CONDITIONS APPLICABLE TO DHS ACQUISITION OF COMMERCIAL ITEMS (JUL 2023) the clause 3052.217–100 Guarantee. (USCG) is hereby unchecked.
h. In FAR 13.106 EVALUATION - COMMERCIAL ITEMS - SIMPLIFIED ACQUISITION PROCEDURES (SAP) – Addendum under C) Factor III: Price the following is hereby changed:
a) second paragraph is hereby changed from: “The total evaluated price of the Offeror will be determined by totaling the proposed prices of all Work Items. plus the Additional Work line-item extended total” to “The total evaluated price of the Offeror will be determined by totaling the proposed prices of all Work Item”.
b) third paragraph, last sentence is hereby changed from: “The price shall be evaluated to determine fairness and reasonableness” to “ The price shall be evaluated to determine fairness and reasonableness including the entered figures for the Additional Work Item; composite labor hour rate and all-inclusive mark-up/loading rate for materials and subcontractors”.
i. All references for USCGC MUNRO (WMSL 755) Specifications for Dockside Repairs FY2024 are hereby changed to USCGC MUNRO (WMSL 755) Specifications for Dockside Repairs FY2024 (REV-2, 04 APR 2024).
All references to 70Z08524RLREP1490, Attachment 2 PWS_MUNRO (WMSL 755) DS FQ3 DAR 24_final_REV1 are hereby changed to 70Z08524RLREP1490, Attachment 2 PWS_MUNRO (WMSL 755) DS FQ3 DAR 24_final_REV2.
j. Paragraph C1. List of Attachments for Attachment (3), Consolidated List of References is hereby changed to Consolidated List of References 04 APR 2024.
2. The document titled 70Z08524RLREP1490 Attachment 1 Price Schedule is hereby replaced in its entirety with
70Z08524RLREP1490 Attachment 1 Price Schedule REV1. The titles for CLINs 001 and 002 are hereby changed and CLIN 025 has been updated with fill-in required by the contractor and instructions.
3. The document titled 70Z08524RLREP1490 Attachment 2 PWS MUNRO (WMSL 755) DS FQ3 DAR 24 final
REV1 is hereby replaced in its entirety with 70Z08524RLREP1490 Attachment 2 PWS MUNRO (WMSL 755) DS FQ3 DAR 24 final REV2.
4. The document titled 70Z08524RLREP1490 Attachment 3 Consolidated List of References is hereby replaced in its entirety with 70Z08524RLREP1490 Attachment 3 Consolidated List of References 04 APR 2024.
5. Attached are responses to Requests for Clarifications (RFCs): RFC 001 – 009.
6. The proposal closing date is hereby changed from 17 April 2024/1200PT to 22 April 2024/1200PT.
7. No other changes are made or implied.
Request for Clarification (RFC 001)
Date: 3/31/2024
Question No.
Section: Table 1 Para. No.: Various Work Item No.: WI-001 Para. No.:
Title: Deck Covering Slip Resistant Para. No.:
Question: The work Item Descriptions do not match Table 1 Location, also note WI-002 Tenting matches WI- 001 Table 1. Please Advise
Answer: WI-001 & WI-002 have been replaced in their entirety, please see the REV-2 of the performance work statement for updates.
Request for Clarification (RFC 002)
Date: 3/31/2024
Question Section: Table 2 Task 10 Para. No.: Table 2, Task 10 Work Item No.: WI-015 Para. No.:
Title: Anchr Windlass Level 2. Inspect and Repair Para. No.:
Question: SFLC STD SPEC 5000 Paragraph 3.2.4 leads to an SP-10 Open Blasting while assembled, is it the intent to Blast the exposed areas 100% or conduct a 33% Partial?
Answer: This specification calls for 100% preserve of the Anchor Windlass Assembly Foundation not a partial.
Request for Clarification (RFC 003)
Date: 3/31/2024
Question No.
Section: Table 1 Para. No.: 3.1.2 Work Item No.: WI-016 Para. No.:
Title: Forward and Aft Capstans Level 2 Overhaul Para. No.:
Question: The Table 1 Capstans have been Identified Federal Equipment as the OEM? Can the CG Confirm these Capstans are not JERED/PAR and in fact are Federal Equipment?
Answer: Yes, it is Federal Equipment. “Coast Guard Technical Publication (TP) 9557, SWBS 582, Jun 2021, Forward & Aft Capstan – Model 4A0100” referenced is applicable to asset 755, CGC Munro.
Request for Clarification (RFC 004)
Date: 3/31/2024
Question No.
Section: 1.2 GFP Para. No.: 3.9 Work Item No.: WI-017 Para. No.:
Title: Helo Hanger Door Curtain Assembly, Renew Para. No.:
Question: We believe the doors are finish painted from the factory, is the intent to re-paint them, or is the intent just to paint the Safety/Warning Stripes?
Answer: The Curtain Assemblies will come painted white from the factory. The intent is to paint the needed safety markings and warning stripes.
Request for Clarification (RFC 005)
Date: 3/31/2024
Question No.
Section: Table 1 Para. No.: 3.4 Work Item No.: WI-018 Para. No.:
Title: Temporary Services Provide Para. No.:
Question: We believe the intent here is to have Showers/Toilets during WI-008 Grey Water Lift Stations Clean and Inspect. Note the clean and inspect will only take 10 days or less, putting full shower trailers and hook ups for such a short time does not seem necessary. Contractor Recommends Isolating the Forward and Aft Greywater Systems to allow the Forward and Aft stations to be cleaned independently while keeping half the Cutter Operational (recently done on Kimball), we believe Frame 52-54 is about the dividing line between the two.
Answer: Appreciate the recommendation but we require the temp services.
Request for Clarification (RFC 006)
Date: 3/31/2024
Question No.
Section: 02-32-1-C CIC Para. No.: 3.1.5 Work Item No.: WI-019 Para. No.:
Title: Deck Covering Electrical Matting Renew Para. No.:
Question: We would not expect any Lead or Asbestos due to the Cutter’s age. Has the CG encountered these contaminates on this class of Cutter Before? Also for bidding purposes, how many sample’s?
Answer: We have not encountered those types of contaminates on this class of cutter due to them being built relatively new, post 2000, compared to some of the older vessels in the fleet. Please see Rev 2 of the PWS where this paragraph has been changed out in its entirety.
Request for Clarification (RFC 007)
Date: 26Mar24
Question No.
Section: Para. No.:
Work Item No.: D-019 Para. No.:
Table 1
Title: Deck Covering (Electrical Matting), Renew Para. No.:
Question: Table 1 directs the use of black color matting – this particular color is particularly difficult to source in the specified MIL-STD and Type. Will USG permit the use of an alternative color matting?
Answer: Upon further research it was discovered that the TYPE 1 that is called out in MIL-STD-15562 does not come in black. The preferred color is blue with the alternative of gray and comes with a gloss. The one condition that is non-negotiable is ensuring that the matting has all the required safety standards in MIL-STD-15562. The specification table will be altered to reflect the below changes.
Request for Clarification (RFC 008)
Date: 25Mar24
Question No.
Section: Para. No.:
Work Item No.: D-006 Para. No.:
3.11
Title:
Tank (Hight Purity Water), Clean and Inspect
Question: Will USG provide distilled water for tank filling?
Answer: The contractor needs to provide distilled water for tank filling.
Request for Clarification (RFC 009)
Date: 25Mar24
Question No.
Section: Para. No.:
Work Item No.: D-019 Para. No.:
3.3
Title: Deck Covering (Electrical Matting), Renew Para. No.:
Question: As Table 1 and the para 3.2 note indicate that existing underlayment is to be retained, should KTR ignore the visual inspection of exposed deck surfaces and CFR directed in para 3.3?
Answer: The visual inspection should not be ignored. We still want a visual inspection and a CFR submitted. IF for some reason the underlayment needed to be taken down to exposed deck (which would be more than likely handled by a CFR/CR due to an issue discovered in the underlayment (chip/crack/etc)), then they would need to inspect the exposed surfaces. being an electrical matting situation, I do not see much of a chance that they would get down to bare steel.
2. AMENDMENT/MODIFICATION NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicable) A0001 3/26/2024
6. ISSUED BY CODE 7. ADMINISTERED BY (If other than Item 6) CODE USCG Surface Forces Logistics Center Attn: Tatiana Sher 42 Eagle Rd.
E-mail: Tatiana.sher1@uscg.mil
8. NAME AND ADRESS OF CONTRACTOR (no., street, county, State and ZIP Code) √ 9.A AMENDMENT OF SOLICITATION NO.
X 70Z08524RLREP1490
9B. DATE (SEE ITEM 11)
3/21/2024
10A. MODIFICATION OF CONTRACT/ORDER
NO.
10B. DATED (SEE ITEM 13)
CODE FACILITY CODE
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended, is not extended. Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods: (a) By completing Items 8 and 15, and returning 1 copy of the amendment; (b) By acknowledging receipt of this amendment on each copy of the Offer submitted: or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEGEMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to
A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT/.ORDER NO. IN ITEM 10A.
B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation data, etc)
E. IMPORTANT: Contractor is not, is required to sign this document and return 1 copies to the issuing office.
14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)
MUNRO DS FQ3 FY24
Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remain unchanged and in full force and effect.
15A. NAME AND TITLE OF SIGNER (Type or print) 16A NAME AND TITLE OF CONTRACTING OFFICER (Type or print)
NSN 7540-01-152-8070 30-105 STANDARD FORM 30 (REV. 11/2016))
PREVIOUS EDITION UNUSABLE Prescribed by GSA, FAR (48 CFR) 53.243
70Z08524RLREP1490 is hereby amended (70Z08524RLREP1490A0001) as follows:
1. The document titled: 70Z08524RLREP1490 MUNRO Solicitation is hereby replaced in its entirety with 70Z08524RLREP1490 Solicitation Amendment 0001. The following changes are marked in the right-hand margin with an A0001:
Section B paragraph B.7. "Requests for the technical package, to include the Joint Certification Program number and fully completed Attachment (7), Non-Disclosure Agreement, must be submitted to (tatians.sher1@uscg.mil), Contract Specialist, no later than 1400 Pacific Time (PT) 02 APR 2024. Please courtesy copy Contracting Officer Amy Kelm (Amy.A.Kelm@uscg.mil) on the email request" was updated to: "Requests for the technical package, to include the Joint Certification Program number and fully completed Attachment (7), Non-Disclosure Agreement, must be submitted to Tatiana Sher (tatiana.sher1@uscg.mil), Contract Specialist, no later than 1400 Pacific Time (PT) 02 APR 2024. Please courtesy copy Contracting Officer Amy Kelm (Amy.A.Kelm@uscg.mil) on the email request.
2. The proposal closing date remains unchanged as 17 APR 2024/1200PT.
3. No other changes are made or implied.
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
1. REQUISITION NUMBER
52000PR240001490
2. CONTRACT NO.
3. AWARD/EFFECTIVE
DATE
4. ORDER NUMBER
5. SOLICITATION NUMBER
6. SOLICITATION
ISSUE DATE
21 MAR 2024
7. FOR
SOLICITATION
INFORMATION
CALL:
a. NAME
Tatiana Sher
b. TELEPHONE NUMBER (no collect calls)
(571) 613-3126
8. OFFER DUE DATE/
LOCAL TIME
25 APR 2024/
0900PT
9. ISSUED BY CODE 75174
USCG Surface Forces Logistics Center Attn: Tatiana Sher 42 Eagle Rd.
E-mail: Tatiana.Sher1@uscg.mil
10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: 100%FOR:
SMALL BUSINESS WOMEN-OWNED SMALL
BUSINESS (WOSB)
HUBZONE SMALL NAICS:
BUSINESS ECONOMICALLY DISADVANTAGED 336611
WOMEN-OWNED SMALL (EDWOSB)
SERVICE-DISABLED
VETERAN-OWNED SIZE STANDARD:
SMALL BUSINESS 8(A) 1300
11. DELIVERY FOR FOB
DESTINATION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
12. DISCOUNT
TERMS
13a. THIS CONTRACT IS A
RATED ORDER UNDER DPAS (15
CFR 700)
13b.
14. METHOD OF SOLICITATION
RFQ IFB RFP
15. DELIVER TO CODE
See PWS
16. ADMINISTERED BY CODE
USCG Surface Forces Logistics Center 42 Eagle Rd.
Alameda, CA 94501
17a. CONTRACTOR/ CAGE CODE FACILITY
OFFEROR CODE
DUNS No.
TELEPHONE NO:
FAX NO:
18a. PAYMENT WILL BE MADE BY CODE
USCG Finance Center 1430A Kristina Way Chesapeake, VA 23326
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 SEE ADDENDUM
19.
ITEM NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
The Contractor shall perform the dock side of the USCGC MUNRO (WSML 755) in accordance with this solicitation and the USCGC MUNRO (WMSL 755) Specification for Dockside Repairs FY2024 (Rev3 15APR2024). The Price Schedule, REV 1 is provided as a separate document.
Ordering Period is: Date of contract award to 30 September 2024
25. ACCOUNTING AND APPROPRIATION DATA
26. TOTAL AWARD AMOUNT (FOR GOVT USE ONLY)
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 & 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4, FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED.
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND
RETURN 1COPIES 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 HEREIN.
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
31a. UNITED STATES OF AMERICA (SINGATURE OF CONTRACTING OFFICER)
30b. NAME AND TITLE OF SIGNER
30c. DATE SIGNED
31b. NAME OF CONTRACTING OFFICER
31c. DATE SIGNED
Standard Form (SF1449) Rev. 11/2021
FAR (48CFR) 53.212
A0002/A0003
A0002/ A0003
A0002
CONTINUATION OF SF 1449 – BLOCKS 17a – 25
Block 17a: Offeror shall include company’s name, address, and unique entity identifier number.
Block 17b: REMITTANCE ADDRESS: Payment will be made to the Financial Institution listed in System for Award Management (SAM). To receive award Offeror must be registered in SAM (copy and paste www.sam.gov into search engine).
Block 19 through 24: SEE ATTACHMENT 1, Price Schedule, REV 1
Block 25: ACCOUNTING AND APPROPRIATION DATA: To be included on contract award document.
ALL OFFERORS ARE RESPONSIBLE FOR VERIFYING THE RECEIPT OF THEIR PROPOSALS.
SECTION A – NOTICE FOR FILING AGENCY PROTESTS
A1. UNITED STATES COAST GUARD OMBUDSMAN PROGRAM:
It is the policy of the United States Coast Guard (USCG) to issue solicitations and make contract awards in a fair and timely manner. The Ombudsman Program for Agency Protests (OPAP) was established to investigate agency protest issues and resolve them without expensive and time- consuming litigation.
OPAP is an independent reviewing authority that is empowered to grant a prevailing protester essentially the same relief as the Government Accountability Office (GAO).
Interested parties are encouraged to seek resolution of their concerns within the USCG as an Alternative Dispute Resolution (ADR) forum rather than filing a protest with the GAO or some external forum.
Interested parties may seek resolution of their concerns informally or opt to file a formal agency protest with the Contracting Officer or Ombudsman.
Informal Forum with the Ombudsman. Interested parties who believe a specific USCG procurement is unfair or otherwise defective should first direct their concerns to the applicable Contracting Officer. If the Contracting Officer is unable to satisfy their concerns, interested parties are encouraged to contact the U.S. Coast Guard Ombudsman for Agency Protests. Under this informal process the agency is not required to suspend contract award performance. Use of an informal forum does not suspend any time requirement for filing a protest with the agency or other forum. In order to ensure a timely response, interested parties should provide the following information to the Ombudsman: solicitation/contract number, contracting office, Contracting Officer, and solicitation closing date (if applicable).
Formal Agency Protest with the Ombudsman. Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the Contracting Officer through open and frank discussions. If the protester’s concerns are unresolved, an Independent Review is available by the Ombudsman. The protester may file a formal agency protest to either the Contracting Officer or as an alternative to that, the Ombudsman under the OPAP program. Contract award or performance will be suspended during the protest period unless contract award or performance is justified, in writing, for urgent and compelling reasons or is determined in writing to be in the best interest of the Government.
The agency’s goal is to resolve protests in less than 35 calendar days from the date of filing. Protests shall include the information set forth in FAR 33.103(d) (2). If the protester fails to submit the required information, resolution of the protest may be delayed or the protest may be dismissed. To be timely protests must be filed within the period specified in FAR 33.103(e). Formal protests filed under the OPAP program should be submitted electronically to OPAP@uscg.mil and the Contracting Officer or by hand delivery to the Contracting Officer.
Election of Forum. After an interested party protests a Coast Guard procurement to the Contracting Officer or the Ombudsman, and while the protest is pending, the protester agrees not to file a protest with the GAO or other external forum. If the protest is filed with an external forum, the agency protest will be dismissed.
(End of Section A) https://www.acquisition.gov/far/part-33#FAR_33_103 https://www.acquisition.gov/far/part-33#FAR_33_103 mailto:OPAP@uscg.mil
SECTION B – SUPPLIES/SERVICES
B1. GENERAL INFORMATION
This is a combined synopsis/solicitation for commercial services prepared, and will be evaluated and awarded, in accordance with FAR 13.5 - Simplified Procedures for Certain Commercial Products and Commercial Services Solicitation for Commercial Items. This announcement constitutes the only solicitation; proposals are being requested and a separate written solicitation will not be issued.
No award will be made under this solicitation until funds are available. The Government reserves the right to cancel this solicitation either before or after the opening/closing date.
This solicitation is used as a Request for Proposal under number 70Z08524RLREP1490. This solicitation document and incorporated provisions and clauses are in effect through:
• Federal Acquisition Circular 2024-03
• Department of Homeland Security Acquisition Regulation (HSAR)
• Homeland Security Acquisition Manual (HSAM) 2024-02
• Coast Guard Acquisition Procedures (CGAP) 2023-01
The applicable North American Industry Classification Standard Code is 336611 – Ship Building and Repairing. The small business size standard is 1,300 employees. This solicitation is issued as a 100% Total Small Business Set Aside. All responsible small business may submit a proposal, which shall be considered by the agency.
To receive an award, the Contractor must be registered in the System for Award Management (SAM) www.sam.gov.
PLEASE NOTE: PROPOSALS THAT DO NOT INCLUDE ALL REQUIRED
DOCUMENTATION MAY NOT BE CONSIDERED FOR AWARD.
B2. SCHEDULE OF SUPPLIES/SERVICES
Please reference Attachment (1), Price Schedule, REV 1 A0002 http://www.sam.gov/
B3. STATEMENT OF REQUIREMENT
This is a request for proposal (RFP) for the Fiscal Year Quarter (FYQ) 3, Fiscal Year (FY) 24 Dockside Repairs of United States Coast Guard Cutter (USCGC) MUNRO (WMSL 755) home moorage in Alameda, CA. This requirement is for dockside repairs aboard USCGC MUNRO consisting of items in accordance with the attached specification, Attachment (2), PWS_MUNRO (WMSL 755) DS FQ3 DAR 24_final_REV3. The scope of work shall include ship repair and associated support work and may include work that is not currently listed as Work Items. A full list of contract line-item numbers and items, quantities, and units of measure, including options, is included as Attachment (1), Price Schedule, REV 1. The Contractor shall furnish all the necessary labor, material services, equipment, supplies, power, accessories, facilities, and such other things as are necessary, except as otherwise specified, to perform dockside repairs in accordance with the solicitation, and attached specification.
Failure to read the specification in its entirety will not relieve the Offeror from the responsibility for properly estimating the difficulty and/or price of successfully performing the work. Failure to do so will be at the Offeror's risk. All proposals submitted in response to this solicitation shall stand firm for 60 calendar days from the close date of the solicitation.
B4. CONTRACT TYPE
This will be a Requirements type contract with firm-fixed price task orders. Under this type of contract, no work shall be performed until directed by an Order. Electronic mail is an acceptable form of transmission for all orders, modifications, and correspondence issued under this Contract.
B5. CONTRACT ORDERING PERIODS / PERIOD OF PERFORMANCES (POP).
The ordering period is from date of contract award to 03 September 2024.
Anticipated contract award is on or before 20 May 2024.
The period of performance will be on each task order awarded under this contract.
The anticipated performance period for the ship repair work is 20 June 2024 – 20 August 2024. The first task order is anticipated to be awarded within five days of the contract award for the following Contract Line Items (CLINs): 001-025
B6. PLACE OF PERFORMANCE
All work under this contract will be performed onboard the USCGC MUNRO. The vessel is moored at 1 Eagle Rd. Alameda, CA 94501.
B7. REQUEST FOR TECHNICAL PACKAGE
The last day to request the technical package regarding this solicitation is 12 APR 2024. After this date, further requests may not be accepted due to time constraints. To request the technical package, contact the Contracting Specialist. All requests should identify the solicitation number 70Z08524RLREP1490.
Some references listed in the Specification, under "Consolidated List of References," are subject to Export Control limitations or have otherwise restricted distribution and have been deemed "limited access" and "export controlled" packages. In order to access these documents, vendors must be certified as a US or Canadian contractor by the Joint Certification Program (JCP) administered by the Defense Logistic Information Service (DLIS). Instructions and procedures for being certified by JCP can be found at:
A0002/ A0003 https://www.dla.mil/HQ/LogisticsOperations/Services/JCP/.
Only those vendors that have current certification by JCP will be able to be granted explicit access to these packages by the USCG.
Requests for the technical package, to include the Joint Certification Program number and fully completed Attachment (7), Non-Disclosure Agreement, must be submitted to Tatiana Sher (tatiana.sher1@uscg.mil) , Contract Specialist, no later than 1400 Pacific Time (PT) 12 APR 2024. Please courtesy copy Contracting Officer Amy Kelm (Amy.A.Kelm@uscg.mil) on the email request.
Reference FAR 52.211-3 Availability of Specifications Not Listed in the GSA Index of Federal Specifications, Standards and Commercial Item Descriptions.
B8. QUESTIONS
Questions related to the solicitation must be emailed to Tatiana Sher (Tatiana.sher1@uscg.mil), with a with a courtesy copy to Contracting Officer Amy Kelm at Amy.A.Kelm@uscg.mil, no later than 1200 PT 15 APR 2024. After this date further requests may not be accepted due to time constraints. All questions shall be submitted via email using the Request for Clarification Form, Attachment (5), Request for Clarification Form.
B9. PROPOSAL SUBMITTAL PROCEDURES
It is the contractor’s responsibility to submit a responsive package. Reference FAR Clause 52.212-1, “Instructions to Offerors -- Commercial Products and Commercial Services”. Proposals must be sent via email to the following individuals:
Contracting Officer Amy A. Kelm Amy.A.Kelm@uscg.mil (206) 217-6767 Contract Specialist Tatiana Sher Tatiana.sher1@uscg.mil (571) 613-3126
An Offeror that fails to meet any due date will be considered “late” in accordance with FAR 52.212-1(f).
Follow up emails should be sent by the vendor to ensure proposal was received. It is strongly recommended that Offerors follow-up via phone call in order to confirm with Tatiana Sher, Contract Specialist, that the proposal and all of its required documentation has been received.
An Offeror that fails to provide all the required documentation may be considered to have delivered an incomplete proposal and may NOT be considered for award.
Offerors are advised that some of the drawings, diagrams, and reports that are provided with this solicitation are for information use only. The USCG does not warrant the accuracy of this information.
This is the best information available to the USCG and is provided to the offerors to assist them in preparing their competition proposals.
A0002
A0001/ A0002 https://www.dla.mil/HQ/LogisticsOperations/Services/JCP/ mailto:tatiana.sher1@uscg.mil mailto:Amy.A.Kelm@uscg.mil mailto:Amy.A.Kelm@uscg.mil
B10. QUANTITIES
The quantities shown for all Work Items reflect estimates only.
(End of Section B)
SECTION C – ATTACHMENTS
C1. LIST OF ATTACHMENTS
Attachment Description
(1) 70Z08524RLREP1490, Attachment 1 Price Schedule, REV 1
(2) 70Z08524RLREP1490, Attachment 2 PWS_MUNRO (WMSL 755) DS FQ3 DAR 24_final_REV3
(3) 70Z08524RLREP1490, Attachment 3 Consolidated List of References 15 APR 2024.
(4) 70Z08524RLREP1490, Attachment 4 Past Performance Information Form
(5) 70Z08524RLREP1490, Attachment 5 Request for Clarifications
(6) 70Z08524RLREP1490, Attachment 6 Government Property Report
(7) 70Z08524RLREP1490, Attachment 7 Department of Homeland Security Non-
Disclosure Agreement (NDA)
(8) 70Z08524RLREP1490, Attachment 8 Change Request Proposal Form
(End of Section C)
SECTION D – CLAUSES
D1. CLAUSES INCORPORATED BY REFERENCE
Clause Clause Title Date
FAR 52.203-12 Limitation on Payments to Influence Certain Federal Transaction JUN 2020
FAR 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights NOV 2023
FAR 52. 204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper MAY 2011
FAR 52.204-13 System for Award Management Maintenance OCT 2018 FAR 52.204-21 Basic Safeguarding of Covered Contractor Information Systems NOV 2021
FAR 52.212-4 Contract Terms and Conditions -- Commercial Products and Commercial Services NOV 2023
FAR 52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data- Modification NOV 2021
FAR 52.219-8 Utilization of Small Business Concerns FEB 2024 FAR 52.219-28 Post-Award Small Business Program Re-representation FEB 2024 FAR 52.223-3 Hazardous Material Identification and Material Safety Data FEB 2021 FAR 52.228-5 Insurance – Work on a Government Installation JAN 1997
A0002/ A0003 A0002/
FAR 52.229-3 Federal, State, and Local Taxes FEB 2013
FAR 52.232-18 Availability of Funds APR 1984
FAR 52.233-1 Disputes May 2014 FAR 52.242-2 Production Progress Reports APR 1991 FAR 52.242-15 Stop-Work Order AUG 1989 FAR 52.242-17 Government Delay in Work APR 1984 FAR 52.245-1 Government Property (Alternate I) SEP 2021 FAR 52.245-9 Use and Charges APR 2012 FAR 52-246-2 Inspection of Supplies – Fixed Price AUG 1996 FAR 52.246-4 Inspection of Services – Fixed-Price AUG 1996 FAR 52.246-16 Responsibility for Supplies APR 1984 FAR 52.247-34 F.O.B. Destination NOV 1991 HSAR 3052.211-70 Index of Specification DEC 2003
HSAR 3052.222-70 Strikes or Picketing Affecting Timely Completion of the Contract Work DEC 2003
HSAR 3052.222-71 Strikes or Picketing Affecting Access to a DHS Facility DEC 2003 HSAR 3052.222-90 Local Hire JUN 2006 HSAR 3052.223-90 Accident and Fire Reporting DEC 2003
D2. CLAUSES IN FULL TEXT
FAR 52.204-1 APPROVAL OF CONTRACT (DEC 1989)
This contract is subject to the written approval of the Contracting Officer and shall not be binding until so approved.
(End of Clause)
FAR 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND
SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED
ENTITIES
(DEVIATION 20-05) (NOV 2021)
(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 covered article provided to the Government 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, in writing, via email, to the Contracting Officer, Contracting Officer's Representative (COR), and the Enterprise Security Operations Center (SOC) at NDAA Incidents@hq.dhs.gov, with required information in the body of the email. 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 Enterprise SOC, Contracting Officer for the indefinite delivery contract and the Contracting Page 4 of8 Officer(s) and Contracting Officer's Representative(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)(l) 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.
(c) 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)
FAR 52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN
TELECOMMUNICATIONS AND
VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (DEVIATION 20-05 REV 2)
mailto:Incidents@hq.dhs.gov
(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 of2018 (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)(l)(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)(l)(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…
This is the start of the file's text. The full file is on GovTribe.
File details come from the government source that posted it. Updated .