Amd04-BGA_RFP_72027820R00002.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE

PAGE OF PAGES

1 3

2. AMENDMENT/MODIFICATION NO.

3. EFFECTIVE DATE

10/1/2020

4. REQUISITION/PURCHASE REQ. NO

5. PROJECT NO. (If applicable)

6. ISSUED BY CODE 720278 7. ADMINISTERED BY (IF OTHER THAN ITEM 6) CODE

USAID/Jordan

American Embassy

PO Box 345

Amman, 11118, Jordan

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State, and Zip Code)

TO ALL OFFERORS

9A. AMENDMENT OF SOLICITATION NO.

72027820R00002

9B. DATED (SEE ITEM 11) 6/25/2020

10A. MODIFICATION OF CONTRACT/ORDER NO.

CODE:

FACILITY CODE:

10B. DATED (SEE ITEM 11)

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 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers, FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY

RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If Required)

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

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

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

ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43,103 (b).

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

D. OTHER (Specify type of modification and authority)

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

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

The purpose of this modification is to incorporate the provision entitled "Waivers under FAR Part 4.2101 Prohibition On Covered Telecommunications And Video

Surveillance Services and Equipment (AUGUST 13, 2020)" as L.10 of the RFP.

Offerors must acknowledege receipt of this amendment per Block 11 and submit the information required in Section L.10, 'Wavers under FAR Part4.2101 Prohibition on

Covered Telecommunications And Video Surveillance Services and Equipment (August 13, 2020) as applicable not later than October 29, 2020.

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

15A. NAME AND TITLE OF SIGNER

16A. NAME AND TITLE OF CONTRACTING OFFICER

Gerald T. Smith, Contracting Officer

15B. CONTRACTOR/OFFEROR 15C. DATE

SIGNED

16B. UNITED STATES OF AMERICA

16C. DATE

SIGNED

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

NSN 7540-01-152-8070 STANDARD FORM 30 (REV. 10-83)

Previous Edition Unusable Prescribed by GSA FAR (48 CFR) 53.243

Amendment No.: 04 of Solicitation No.: 72027820R00002 Page 2 of 3

Continued from Block 14 of the cover page:

At the end of Section L of the RFP, insert the following provision:

"L.10 Waivers under FAR Part 4.2101 Prohibition On Covered Telecommunications And Video Surveillance

Services and Equipment (AUGUST 13, 2020)

(a) This solicitation and any resultant award(s) is subject to the requirements of section 889(a)(1)(B) of the

John S. McCain National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2019 (Pub. L. 115–232) as implemented through FAR 52.204-24 and FAR 52.204-25 of this solicitation.

(b) Waivers.

(1) The submission of an offer where the Offeror makes a representation at paragraph (d)(2) of the provision at FAR 52.204–24 that it “does” use covered telecommunications equipment or services will mean the Offeror is seeking a waiver.

As part of the disclosure requirements under the provision FAR 52.204–24 submitted as part of the offer, the Offeror/Contractor must describe the circumstances (including in-country circumstances) where the Offeror/Contractor uses covered technology. This must include an identification of whether the covered technology is provided by communications service-providers, such as internet, cell phone, landline or others; the specific country where it is used; and a description of the presence of any other covered technology, whether it be in any internal systems or elsewhere in the supply chain.

(2) USAID does not guarantee that waiver requests from such an offeror will be considered; USAID may make an award to an offeror that does not require a waiver. Where agency needs do not permit time to obtain a waiver, USAID may move forward and make an award to an offeror that does not require a waiver. Per FAR 4.21, USAID will not make an award to an offeror(s) that does not receive the approved waiver.

(3) Where USAID decides to initiate the formal Agency waiver process:

(i) Offerors must submit the information in paragraph (4) of this section by October 29, 2020.

Offerors must appropriately mark the appropriate portions of their submission as Proprietary

Data where applicable.

(ii) For Indefinite Delivery contracts under (48 CFR) FAR subpart 16.5, waiver requests will be addressed prior to award of the basic contract.

(iii) In the event that the waiver is not approved, the Contracting Officer will notify the offeror.

(4) Additional submission requirements:

(i) A compelling justification for the additional time to implement the requirements under

889(a)(1)(B). The justification must:

a. State the amount of additional time requested to meet the requirements of the statute (No Agency waiver will be authorized to extend beyond August 13, 2022); and

b. Provide an explanation supporting the requested time period, to include the time required to implement the Phase out Plan described below.

(ii) A full and complete laydown of the presences of covered telecommunications or video surveillance equipment or services in the entity’s supply chain to include:

a. Complete technical design documentation of where, how, and what covered equipment or services are being used by the Offeror;

Amendment No.: 04 of Solicitation No.: 72027820R00002 Page 3 of 3

b. Technical architecture diagram of where the covered technologies are being used (for the system, equipment, service); and

c. Description of how the covered technologies are being used, how often the covered technology is used by the Offeror, and what data traverses the technology.

(iii) A Phase-Out Plan for eliminating the covered equipment or services from the Offeror’s systems, including the covered equipment or services identified in the laydown. The Plan must include:

a. Description of how the Offeror will eliminate all covered equipment or services by the date specified in (4)(i)(b) above;

b. When applicable, milestones and timeframes for providing updates to the COR on the Phase-Out Plan implementation;

c. Identification of other available options;

d. Replacement of covered equipment and systems, as applicable;

e. Accessibility of the alternative equipment and systems, as applicable; and

f. In the case of covered services, the proposed use and availability of other service provider(s) without the covered technologies in the supply chain.

(iv) Pending waiver requests/Approved waivers:

a. Pending - Solicitation Number/title/Issuing Office (Mission or USAID/W) of those offers where the

CO has requested the information under this provision.

b. Approved Waivers - Award number/title/Issuing Office (Mission or USAID/W)

(End of provision)