Continuation page Amendment 1.docx

Amendment # 1

SOL-72052121R00020

The specific changes are as follows:

1) Questions Due Date has been extended to: December 15, 2021.

2) Proposal Submission Date: extended to January 28, 2022

3) RSVP to the following e-mail address for the virtual site visit of the Port Cap-Haïtien Re-habilitation Project: usaidhaitioaa@usaid.gov with a copy to Eleanore Xavier at exavier@usaid.gov scheduled for December 13, 2021 at 13:00 – 1:00 pm Haiti time

Join Zoom Meeting https://us02web.zoom.us/j/89307592278?pwd=RFQ4S3Q2RmxpdE4yZENBZFhGL1MxQT09

Meeting ID: 893 0759 2278 Passcode: 185993 One tap mobile +13017158592,,89307592278#,,,,*185993# US (Washington DC) +13126266799,,89307592278#,,,,*185993# US (Chicago)

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Meeting ID: 893 0759 2278 Passcode: 185993 Find your local number: https://us02web.zoom.us/u/kdcPDicppo

4. Include reference to section 889 and add the following in Section “L” INSTRUCTIONS, CONDITIONS, AND NOTICES TO BIDDERS

L.14 Waivers under FAR Part 4.2101 Prohibition on Covered Telecommunications and Video Surveillance Services and Equipment (December 2021)

(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; whether a Section 889-compliant alternative is or is not available in the specific country where the covered technology is being used based on the Offeror’s/Contractor’s reasonable inquiry; 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) If an existing waiver does not apply, 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) The CO will require the apparently successful offeror(s) to submit the information in paragraph (4) of this section. Alternately, offerors may provide the information with their initial proposal, at their discretion. 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;

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.

i. Replacement of covered equipment and systems, as applicable.

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

iii. 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 Amendment # 1]

Attachment #1

Questions and Answers