B.08.02 - Combined Synopsis & Solicitation - W912HP22R0007 - FY22 CRRP Herbicide.pdf

COMBINED SYNOPSIS/SOLICITATION

This notice is being posted as an avenue to provide Request for Quotes, W912HP22R0007.

This is a combined synopsis/solicitation for commercial supply prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information in this notice. THIS

ANNOUNCEMENT CONSTITUTES THE ONLY SOLICITATION; QUOTES ARE BEING REQUESTED

AND A WRITTEN SOLICITATION WILL NOT BE ISSUED. This procurement will be 100% set aside for only 8(a) Small Businesses. The North American Industry Classifications System (NAICS) is code for this procurement is 561730 – Landscaping Services - with a small business size standard of $8,500,000 million. This solicitation document incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2022-07.

Title of Requirement: Herbicide Services for the Cooper River Rediversion Project St. Stephen, South Carolina.

Description of Requirement: The contractor shall provide all services in accordance with the scope of work for the specified Pothole Repair at the Cooper River Rediviersion Project.

Submission Requirements: Quotes should be E-mailed to Mrs. Evelyn Halliburton by 10:00 a.m.

Eastern Time on September 19th, 2022 at evelyn.i.halliburton-shannon@usace.army.mil. Please courtesy copy, Mr. Addison Layfield at addison.g.layfield@usace.army.mil.

Basis for Award: The Government will make an award to the lowest priced offer which is deemed responsive, responsible, and technically acceptable. The price must be determined to be fair and reasonable. This is in accordance with Federal Acquisition Regulations (FAR) 52.212- 2, Evaluation – Commercial Items, and FAR 9.104.

The Government reserves the right to cancel this solicitation.

U.S. Army Corps of Engineers – Charleston District Point of Contact: Evelyn Halliburton

Phone: (843) 329-8208

Email: evelyn.i.halliburton-shannon@usace.army.mil

Please complete the following form in addition to the price quote starting on page 3.

CONTRACTOR: _____________________________________________

SAM UEI NO.: _____________________________________________

CAGE CODE: _____________________________________________

TAX ID NO.: _____________________________________________

E-MAIL: _____________________________________________

PHONE NO.: _____________________________________________

DATE OF QUOTE: _____________________________________________

Quote Prepared By:

(Printed Name and Title) (Signature)

The Contractor, certifies by signing this document, understands and complies with the requirements listed in the Statement of Work (SOW) and shall provide equipment meeting or exceeding the requirements.

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 2 Job Base Year -FFP

Herbicide Application - Gravel Roadways And Parking Lots, Project Wide FOB: Destination

PSC CD: F105

NET AMT

0002 2 Job Base Year -FFP

Herbicide Application- Drainage Ditches And Embankments

1001 2 Job OPTION Option Year One -FFP

Herbicide Application-Gravel Roadways And Parking Lots, Project Wide

1002 2 Job OPTION Option Year One -FFP

Herbicide Application- Drainage Ditches And Embankments

2001 2 Job OPTION Option Year Two -FFP

Herbicide Application-Gravel Roadways And Parking Lots, Project Wide

2002 2 Job OPTION Option Year Two -FFP

Herbicide Application- Drainage Ditches And Embankments

3001 2 Job OPTION Option Year Three -FFP

Herbicide Application-Gravel Roadways And Parking Lots, Project Wide

3002 2 Job OPTION Option Year Three -FFP

Herbicide Application- Drainage Ditches And Embankments2

4001 2 Job OPTION Option Year Four -FFP

Herbicide Application-Gravel Roadways And Parking Lots, Project Wide

4002 2 Job OPTION Option Year Four -FFP

Herbicide Application- Drainage Ditches And Embankments

This contract will be awarded as one lump sum per year amount. Contractor is required to submit the following cost breakdown for the work associated 0001-0002 with this solicitation for Herbicide Service for the Cooper River Rediversion Project. The cost breakdown will be used to facilitate the evaluation of proposals.

COST BREAKDOWN SCHEDULE

BASE YEAR

0001 App. Gravel Rds. & Parking Lots

2 Applications $ _______

0002 App. Ditches and Embankments 2 Applications $________

TOTAL (ITEM 0001- 0002) $_________

STATEMENT

Enter prices where space is provided for ALL items. Failure to follow this instruction may render the bid non-responsive and the bid will not be considered for award.

ITEM DESCRIPTION ESTIMATED

QUANITY

UNIT AMOUNT

following cost breakdown for the work associated 1001-1002 with this solicitation for Herbicide Service for the Cooper River Rediversion Project. The cost breakdown will be used to facilitate the evaluation of

OPTION YEAR ONE

1001 App. Gravel Rds. & Parking Lots

1002 App. Ditches and Embankments 2 Applications $________

TOTAL (ITEM 1001- 1002) $_________

Enter prices where space is provided for ALL items. Failure to follow this instruction may render the bid non-following cost breakdown for the work associated 2001-2002 with this solicitation for Herbicide Service for the Cooper River Rediversion Project. The cost breakdown will be used to facilitate the evaluation of

OPTION YEAR TWO

2001 App. Gravel Rds. & Parking Lots

2002 App. Ditches and Embankments 2 Applications $________

TOTAL (ITEM 2001- 2002) $_________

Enter prices where space is provided for ALL items. Failure to follow this instruction may render the bid non-following cost breakdown for the work associated 3001-3002 with this solicitation for Herbicide Service for the Cooper River Rediversion Project. The cost breakdown will be used to facilitate the evaluation of

OPTION YEAR THREE

3001 App. Gravel Rds. & Parking Lots 2 Applications $ _______

3002 App. Ditches and Embankments 2 Applications $________

TOTAL (ITEM 3001- 3002) $_________

Enter prices where space is provided for ALL items. Failure to follow this instruction may render the bid non-following cost breakdown for the work associated 4001-4002 with this solicitation for Herbicide Service for the Cooper River Rediversion Project. The cost breakdown will be used to facilitate the evaluation of

OPTION YEAR FOUR

4001 App. Gravel Rds. & Parking Lots

4002 App. Ditches and Embankments 2 Applications $________

TOTAL (ITEM 4001- 4002) $_________

Enter prices where space is provided for ALL items. Failure to follow this instruction may render the bid non-

TOTAL (COMBINATION OF BASE BID ITEMS 0001-0002) $ ____________________

TOTAL (COMBINATION OF OPTION ONE ITEMS 1001-1002) $ ____________________

TOTAL (COMBINATION OF OPTION TWO ITEMS 2001-2002) $ ____________________

TOTAL (COMBINATION OF OPTION THREE ITEMS 3001-3002) $_____________________

TOTAL (COMBINATION OF OPTION FOUR ITEMS 4001-4002) $_____________________

TOTAL (COMBINATION OF BASE & OPTION LINE ITEMS 0001-4002) $_____________________

STATEMENTS

1) Enter prices where space is provided for ALL items. Failure to follow this instruction may render the bid non-responsive and the bid will not be considered for award.

ITEM DESCRIPTION AMOUNT

Section C - Descriptions and Specifications

STATEMENT OF WORK

1. WORK COVERED BY CONTRACT PRICE:

1.1. All cost connected with mobilization and demobilization of all the Contractor’s plant, labor, and equipment to and from the Cooper River Rediversion Project, St. Stephen, South Carolina, shall be included in the bid price.

1.2. The work required consists of furnishing all plant, equipment, labor, transportation, supplies, and materials required to perform a low volume, low profile herbicide application in accordance with the following specifications and conditions that are made a part of these provisions. Materials associated with all work items are to be provided by the contractor.

1.3. Bidders are expected to perform a site visit during solicitation to inspect areas where the required work is to be performed and to familiarize themselves with the onsite location/conditions that may affect the cost of performance. See section 9 for Point of Contact/s (POC’s).

1.4. The project is located approximately fifty (50) miles north of Charleston, South Carolina and is accessed off U.S. Highway 52 via Rediversion Road (figure 1).

St. Stephen Powerhouse 1275 Rediversion Road St. Stephen, South Carolina 29479 Plant Location: 33°25'36.41"N,79°55'51.70"W *Front Gate Location: 33°25'09.16"N,79°56'06.01"W

*Copy location into GPS device for Front Gate access to the plant.

1.5. The work areas are described in detail in Section 3. The extent of covered services is detailed below.

2. SCOPE OF SERVICE:

2.1. Performance of Work. Prior the commencement of work, the Contractor shall meet with the Contracting Officer’s Authorized Representative (COR) to discuss the performance requirements and administrative details of the contract

2.2. Work Schedule. Contract services shall be performed during regular duty hours (0700-1600) Monday through Friday except Federal Holidays.

2.3. Quality Control. The contractor shall give their personal superintendence to the work or have a competent foreman or superintendent at the site at all times work is in progress with authority to act for them. Such authorization shall be submitted in writing to the COR. The contractor’s superintendent shall prepare and maintain daily records of all operations inspections and corrective actions taken and shall submit these reports daily to the COR. These reports shall fully address, any operations/actions performed. A copy of a typical quality control report will be submitted at time of award.

3. WORK AREAS BARE GROUND PROGRAM

3.1. Item 001, GRAVEL ROADWAYS and PARKING LOTS, PROJECT WIDE:

3.1.1. Work Area: Gravel Roadways and Parking Lots, Project wide: These work areas include all gravel project roads and parking lots. Average width of roadways is 12 feet and includes approximately 18 miles; plus, Platt’s Road with road width of twenty-four feet wide by 2 miles long. Parking lots to be treated are located at Arrowhead Boat Ramp, Highways 45 and 35, Railroad Bridge Sta. 419, and next to entrance gate. This work item includes approximately 6 acres of riprap along face of powerhouse embankment (above and below) and roadway/gravel associated with project disposal area, north of tailrace. Estimated acreage is 36 acres. This also includes rip-rap under all bridges.

3.1.2. Services Required: Bare ground control of herbaceous and woody plant material for a period of 12 months from initial application. See Appendix A for schedule.

4. WORK AREAS GRASS RELEASE PROGRAM

4.1. Item 002, DRAINAGE DITCHES AND EMBANKMENTS

4.1.1. Work Area: These work areas include all benches/embankments associated with project drainage ditches and the tailrace embankments. Treatment area includes entire ditch area along interior drainage ditches, i.e. cattails and other aquatic vegetation growing in ditches along with all woody vegetation within or to either side of the ditch (MINIMUM WIDTH, 12 FEET ON TOP OF SHOULDERS). Work area along tailrace canal is a band from top of slope towards toe of slope to canal water’s edge. Work areas are periodically flooded, and contractor should pay particular attention to wet/soft areas associated with old disposal sites. Estimated acreage is 140 acres and was calculated as follows:

Location Approximate area to the nearest acre

Russellville Drainage Ditch, CSX Railroad to 1700 feet south of SC Hwy

35, 29 acres

Arrowhead drainage ditch 2 acres North and South Interior Drainage Ditches 38 acres Drainage Ditch, CSX Railroad (below dam) to Arrowhead Landing

18 acres

Platt Road drainage ditch each side roadway 15 acres

4.1.2. Services Required: Control (95% kill) of all broadleaf, woody plant material associated with project features and aquatic vegetation in ditch bottoms for a period of 12 months from initial application.

See Appendix A for schedule.

5. SAFETY:

Service, supply, and research and development contracting actions. Compliance with the Corps of Engineer’s Safety and Health Manual EM 3851-1, most current version shall be a contract requirement for such activities unless technical representatives (in coordination with safety and health professionals, local Safety and Occupational Health Office (SOHO) advise that special precautions are not appropriate due to extremely limited scope of services or similar. However, it is understood that this manual in its entirety may be too complex for the type of work being performed under these contracts. These contractors may reference Appendix A, for abbreviated Accident Prevention Plan (APP).

The APP shall be written in English by the Prime Contractor and shall articulate the specific work, work processes, equipment to be used, and hazards pertaining to the contract. The APP shall also implement in detail the pertinent requirements of this manual.

The APP shall be developed and signed by Qualified Person (QP) and then signed. The Contractor shall be responsible for documenting the QPs’ credentials. The Contractor's APP shall be job-specific and must include work to be performed by subcontractors. The contractor shall provide on-going evaluations of the APP throughout the life of the project. Changes, revisions, and updates to the APP shall be reviewed and accepted by the Government Designated Authority (GDA).

Work shall not commence until an Accident Prevention Plan (APP) is reviewed and accepted by the GDA and local SOHO.

5.1. Preplanning: The Contractor will prepare and have COR approval of the following within (14) days of contract award:

6. DAMAGE TO GOVERNMENT PROPERTY:

6.1. General: Any Government property damaged by the Contractor or his representatives shall be repaired by the Contractor without cost to the government. The Contractor shall pay special attention to areas of erosion, sloped areas, government structures, fences, survey monuments, sighs, wildlife plantings, existing trees and shrubs which occur throughout much of the service area.

6.2. Replaced plant material (trees, shrubs, turf) will be of like quality, size, and species and guaranteed for one year. This material shall be replaced during the fall planting season or as directed by the COR.

7. COMPLIANCE:

7.1. General: The Contractor shall conform to all applicable Federal, State, and local environmental protection laws and Regulations.

7.2. Materials: The Contractor agrees to always maintain the Safety Data Sheets (SDS), or Material Safety

Data Sheets (MSDS) documentation. The MSDS for all hazardous chemicals/materials will be made readily available to employees who are routinely exposed to hazardous material. Sealed containers must be inspected and approved by the COR before application. Provide all SDS or MSDS to COR.

7.3. Equipment: Spray equipment shall be of a type, size, adjusted and operated in a manner that allows even distribution of the herbicide. Equipment shall be clean and free of residual chemicals from previous spraying operations.

8. INVOICES

All Invoices in accordance with the bid schedule shall be submitted for payment processing VIA email:

The “to” line on the email shall be to Maurice.Williams@usace.army.mil (Operations Project Manager) and Jesse.S.Helton@usace.army.mil

The “copy” line on the email shall include Beth Barber (Invoicing) at beth.barber@usace.army.mil

9. TECHNICAL POINTS OF CONTACT

Maurice Williams (Primary) Operations Project Manager U.S. Army Corps of Engineers, Charleston District 843-567-5700 (Office) Maurice.Williams@usace.army.mil

Jesse Helton Natural Resource Specialist-COR U.S. Army Corps of Engineers, Charleston District 843-567-5710 (Office) Jesse.S.Helton@usace.army.mil

10. APPENDICES:

10.1 SERVICE SCHEDULE

Cooper River Rediversion Project – Service Schedule

Service Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total 001 Herbicide Application Gravel Roadways Parking Lots Project

1 App 1 App 2

002 Herbicide Application Drainage Ditches and Embankments

1 App 1 App 2

W912HP22R0007

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 1 yr. ADC 2 ST. STEPHEN POWER PLANT

MAURICE WILLIAMS

1275 REDIVERSION ROAD

ST. STEPHEN SC 29479

(843) 567-5711

964609

0002 1 yr. ADC 2 (SAME AS PREVIOUS LOCATION)

1001 1 yr. AOE 2 (SAME AS PREVIOUS LOCATION)

1002 1 yr. AOE 2 (SAME AS PREVIOUS LOCATION)

2001 1 yr. AOE 2 (SAME AS PREVIOUS LOCATION)

2002 1 yr. AOE 2 (SAME AS PREVIOUS LOCATION)

3001 1 yr. AOE 2 (SAME AS PREVIOUS LOCATION)

3002 1 yr. AOE 2 (SAME AS PREVIOUS LOCATION)

4001 1 yr. AOE 2 (SAME AS PREVIOUS LOCATION)

4002 1 yr. AOE 2 (SAME AS PREVIOUS LOCATION)

Section G - Contract Administration Data

CLAUSES INCORPORATED BY REFERENCE

252.204-7006 Billing Instructions OCT 2005

Section I - Contract Clauses

52.202-1 Definitions JUN 2020 52.203-3 Gratuities APR 1984 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights

JUN 2020

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

MAY 2011

52.204-13 System for Award Management Maintenance OCT 2018 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

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

NOV 2021

52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services

NOV 2021

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.223-10 Waste Reduction Program MAY 2011 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

AUG 2018

52.227-1 Authorization and Consent JUN 2020 52.227-2 Notice And Assistance Regarding Patent And Copyright

Infringement

JUN 2020

52.228-5 Insurance - Work On A Government Installation JAN 1997 52.229-3 Federal, State And Local Taxes FEB 2013 52.232-1 Payments APR 1984 52.232-8 Discounts For Prompt Payment FEB 2002 52.232-11 Extras APR 1984 52.232-17 Interest MAY 2014 52.232-23 Assignment Of Claims MAY 2014 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

NOV 2021

52.233-1 Disputes MAY 2014 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.242-13 Bankruptcy JUL 1995 52.243-1 Alt II Changes--Fixed-Price (Aug 1987) - Alternate II APR 1984 52.249-2 Termination For Convenience Of The Government (Fixed-

Price)

APR 2012

52.253-1 Computer Generated Forms JAN 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

DEC 2019

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

JAN 2021

252.223-7001 Hazard Warning Labels DEC 1991 252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JAN 2021 252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

52.204-25 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)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2022)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (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)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services: [Contracting Officer check as appropriate.]

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

___ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L.

109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub.

L. 111-117, section 743 of Div. C).

X (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

X (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

____ (10) [Reserved]

____ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (SEP 2021) (15 U.S.C. 657a).

____ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (SEP 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (13) [Reserved]

X (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

____ (ii) Alternate I (MAR 2020) of 52.219-6.

____ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

____ (ii) Alternate I (MAR 2020) of 52.219-7.

X (16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)).

____ (17)(i) 52.219-9, Small Business Subcontracting Plan (NOV 2021) (15 U.S.C. 637(d)(4)).

____ (ii) Alternate I (NOV 2016) of 52.219-9.

____ (iii) Alternate II (NOV 2016) of 52.219-9.

____ (iv) Alternate III (JUN 2020) of 52.219-9.

____ (v) Alternate IV (SEP 2021) of 52.219-9.

____ (18) (i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

____ (ii) Alternate I (MAR 2020) of 52.219-13.

X (19) 52.219-14, Limitations on Subcontracting (SEP 2021) (15 U.S.C. 657s).

____ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (SEP 2021) (15 U.S.C.

657f).

____ (22) (i) 52.219-28, Post-Award Small Business Program Rerepresentation (SEP 2021) (15 U.S.C. 632(a)(2)).

____ (ii) Alternate I (MAR 2020) of 52.219-28.

____ (23) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns (SEP 2021) (15 U.S.C. 637(m)).

____ (24) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (SEP 2021) (15 U.S.C. 637(m)).

____ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

____ (26) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).

X (27) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

X (28) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JAN 2022) (E.O. 13126).

X (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

X (30)(i) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).

____ (ii) Alternate I (FEB 1999) of 52.222-26.

X (31)(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

____ (ii) Alternate I (JUL 2014) of 52.222-35.

X (32)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

____ (ii) Alternate I (JUL 2014) of 52.222-36.

X (33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

X (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.

13496).

X (35)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

____ (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

X (36) 52.222-54, Employment Eligibility Verification (MAY 2022). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

____ (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____ (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

____ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners

(JUN 2016) (E.O. 13693).

____ (40) (i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

____ (ii) Alternate I (OCT 2015) of 52.223-13.

____ (41)(i) 52.223-14, Acquisition of EPEAT® Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

____ (ii) Alternate I (JUN 2014) of 52.223-14.

____ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).

____ (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

____ (ii) Alternate I (JUN 2014) of 52.223-16.

X (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O.

13513).

____ (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

____ (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

____ (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

____ (ii) Alternate I (JAN 2017) of 52.224-3.

____ (48) 52.225-1, Buy American--Supplies (NOV 2021) (41 U.S.C. chapter 83).

____ (49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (NOV 2021) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

____ (ii) Alternate I (JAN 2021) of 52.225-3.

____ (iii) Alternate II (JAN 2021) of 52.225-3.

____ (iv) Alternate III (JAN 2021) of 52.225-3.

____ (50) 52.225-5, Trade Agreements (OCT 2019) 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

____ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

____ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150

____ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C.

5150).

____ (55) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

____ (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

____ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

X (58) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) (31 U.S.C. 3332).

____ (59) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).

____ (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

____ (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

____ (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

____ (63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C.

55305 and 10 U.S.C. 2631).

____ (ii) Alternate I (APR 2003) of 52.247-64.

____ (iii) Alternate II (NOV 2021) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services: [Contracting Officer check as appropriate.]

_____ (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

_____ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

_____ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_____ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

_____ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67).

_____ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (MAY 2014) (41 U.S.C. chapter 67).

_____ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022) (E.O.

13658).

_____ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

_____ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph

(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1)in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (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)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(vii) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

(viii) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (Aug 2018), (41 U.S.C. chapter 67).

(xiii) _____ (A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

_____ (B) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xvi) 52.222-54, Employment Eligibility Verification (MAY 2022) (E. O. 12989).

(xvii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022) (E.O. 13658).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

(xix) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 calendar days of the expiration prior period; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 (five) years.

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. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any DFARS (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

Section K - Representations, Certifications and Other Statements of Offerors

52.204-26 Covered Telecommunications Equipment or Services--

Representation.

OCT 2020

52.209-7 Information Regarding Responsibility Matters OCT 2018 52.209-11 Representation by Corporations Regarding Delinquent Tax

Liability or a Felony Conviction under any Federal Law

FEB 2016

252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation

DEC 2019

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation

MAY 2021

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

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 Products and Commercial Services. 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 or services, or any 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--

(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…