Mod 2 page 2.docx

SOL-72052121R00020

The following changes are applicable:

Solicitation Issue Date: November 19, 2021 Questions Due Date: January 12, 2022 Proposal Submission Date: February 11, 2022

See SECTION C - DESCRIPTION/SPECIFICATIONS Page 9, Para C.3. SCOPE OF WORK D.2 Construction Activities:

Delete: All materials and supplies needed for CLIN 3 are to be procured, supplied, and installed by the Contractor, except for 23 Solar Security Light Poles, which will be delivered to the Contractor on-site for installation as Government Furnished Equipment (GFE) by USAID.

Replace with: All materials and supplies needed for CLIN 3 are to be procured, supplied, and installed by the Contractor, with the exception of 23 Solar Security Light Poles and the two 60,000-gallon firefighting water tanks, which will be delivered to the Contractor on-site from USAID for receipt, securing, and installation by the Contractor as Government Furnished Equipment (GFE). See Attachment J.25 for additional information on all GFE.

Page 10, Para C.3. SCOPE OF WORK D.4 Construction Activities:

Delete: The PEB shell will include the building’s steel structure, outer shell, exterior doors and windows, and wall insulation (without finish).

Replace with: The GFE PEB shell will include the building’s steel structure, outer shell, exterior doors and windows, exterior louvers, exterior decorative facia, and interior wall and ceiling insulation (without wall or ceiling finishes or any interior buildout). See Attachment J.25 for additional information on all GFE.

Page 10, Para C.3. SCOPE OF WORK D.6 Construction Activities:

Add: See Attachment J.25 for additional information on all (GFE) Government Furnished Equipment.

Page 10, Para C.3. SCOPE OF WORK.D7 Construction Activities:

Add: See Attachment J.25 for additional information on all (GFE) Government Furnished Equipment.

Page 11, Para C.3. SCOPE OF WORK D.8 Construction Activities:

Add: See Attachment J.25 for additional information on all (GFE) Government Furnished Equipment.

SEE SECTION F - DELIVERIES OR PERFORMANCE

Page 25, Adding the following to: Table F-1 – Reports and Deliverables Emergency Contact Plan:

The Contractor is required to develop and maintain the Contractor’s Emergency Plan covering the Contractor’s expatriate and local staff. This plan must include phone/SMS trees and plans for other forms of communication with all staff in case of emergency situations in the country.

Due Date: 60 calendar days after contract award Security Reporting:

As part of the overall security requirements, the Contractor must report any security threats and/or incidents verbally or by telephone, immediately to the Contracting Officer Representative (COR) or Alternate COR (A/COR) in the COR’s absence. Subsequently, a written report must be promptly submitted to the COR (and A/COR) as well as to the Partner Security Liaison Office (PLSO); the point of contact will be provided at time of post-award briefing. All subcontractors will be required to report any threats/incidents to the prime Contractor, who will immediately notify the COR (and A/COR and PLSO). At a minimum, a security incident report must contain the name of the company, name of the individual(s), date, time, a description of what happened, where the incident occurred, and any other relevant details surrounding the incident. If this is an ongoing incident, progress reports must be submitted to keep the COR (and A/COR and PLSO) apprised of the situation.

Due Date: as required

SECTION H - SPECIAL CONTRACT REQUIREMENTS

Added to Section H:

H.17 The Contractor must be aware of security conditions in Haiti, and by entering into the contract, assumes full responsibility for the safety of its employees. Prior to commencing work in Haiti, the Contractor must ensure that it has adequate procedures in place to advise its employees of situations or changed conditions that could adversely affect their security. In order to keep abreast of security conditions in Haiti, but particularly before any employee travels outside of Port-au-Prince or their respective field offices, the Contractor must seek information from all available sources, including USAID’s Partner Liaison Security Office, for all areas in which its employees work or travel.

The Contractor acknowledges that security conditions are subject to change at any moment, that the PLSO cannot guarantee the accuracy of any information that it may provide to the Contractor and that USAID assumes no responsibility for the reliability of such information. The Contractor has sole responsibility for approving all travel plans for its employees. The Contractor is also responsible for immediately notifying USAID/Haiti (COR and A/COR as necessary), the PLSO, and the US Embassy American Citizen Services section in the event a US citizen employee does not return from travel as expected. In the event that USAID requests the Contractor to do so, the Contractor's Chief of Party must assume responsibility for contacting all of its employees. The Contractor must provide the COR (and A/COR as necessary) the name, current address, and current home and/or cellular telephone number of the Chief of Party and of an alternate designated employee. The Contractor is responsible for ensuring that the information provided to the COR (including A/COR and PLSO) is up to date so that in an emergency, the Chief of Party or alternate representative can be reached immediately, and he/she can rapidly contact all other affected employees.

SECTION I - CONTRACT CLAUSES

Adding the following:

I.17 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)

(a) Definitions. As used in this clause— Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People’s Republic of China.

Covered telecommunications equipment or services means–

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means–

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

(c) Exceptions. This clause does not prohibit contractors from providing—

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

(d) Reporting requirement. (1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (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 products or commercial services.

(End of clause) I.18 52.204-26 covered Telecommunications Equipment or Services-Representation.

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)

(1) Representation. 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)

SECTION J - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

UPDATED

Attachment J.9_Cap-Haitien_Fire Protection_Drawings_100%_For_Solicitation_2021_12_20 (updated) Attachment J.24_Cap-Haitien_Pricing_Table_100%_For_Solicitation_2021_12_20 (updated)

ADDED

Attachment J.25_Cap-Haitien_Cutsheets_For_USAID_Government_Furnished_Equipment (new)

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO BIDDERS

Adding:

L.14 Section 889 waivers 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:

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:

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

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

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:

Pending - Solicitation Number/title/Issuing Office (Mission or USAID/W) of those offers where the CO has requested the information under this provision.

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