Combined SS_1284LL22Q0006_GAOA Boat Launches.pdf

Combined Synopsis No.: 1284LL22Q0006 / GAOA Bull Lake and Koocanusa Boat Launches and Dock Replacements Kootenai National Forests - Three Rivers and Libby Ranger Districts

(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

(ii) This solicitation is issued as a Request for Quotation (RFQ), RFQ No.: 1284LL22Q0006.

(iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) No.: 2021-07.

(iv) This procurement is set aside for 100% Total Small Business. The NAICS code is 332999 (All Other Miscellaneous Fabricated Metal Product Manufacturing) and the Small Business Size Standard is 750 in number of employees.

(v) Schedule of Items/Price Schedule

ITEM 1 - GAOA Bull Lake and Koocanusa Boat Launches and Dock Replacements Dorr Skeels, Bad Medicine, and Koocanusa Marina Kootenai National Forests / Three Rivers and Libby Ranger Districts

Period of Performance: May 1, 2022 - September 30, 2022.

Sub-Item

No. Supplies/Services Qty Unit of Issue Total Price

Dorr Skeels Campground Dock (Bull Lake)

Supply, deliver and assemble the Prefabricated Floating Dock.

Estimated Delivery Date: ______________

1 LS $

Bad Medicine Campground Dock (Bull Lake)

Supply, deliver and assemble the Prefabricated Floating Dock and Gangway.

Koocanusa Marina Boat Launch Dock

Supply, deliver and assemble the Prefabricated Floating Dock

TOTAL ALL ITEMS 1 LS $

Combined Synopsis No.: 1284LL22Q0006 / GAOA Bull Lake and Koocanusa Boat Launches and Dock Replacements

(vi) Description of Requirement.

The vendor shall furnish and supply all materials to include, but not limited to: supply, deliver and assemble the prefabricated floating docks to the locations specified in accordance with the contract terms and conditions, specifications, and contract attachments for the Kootenai National Forests, Three Rivers and Libby Ranger Districts.

Refer to the attachments and the links below for the technical specifications and additional information.

The following attachments are a part of this solicitation and any resulting contract.

ATTACHMENTS

1.1. Technical Specifications - Dorr Skeels Dock

1.2. Figure 1 - Dorr Skeels Dock

1.3. Figure 2 - Photos Dorr Skeels Dock

2.1. Technical Specifications - Bad Medicine Campground Dock

2.2. Figure 3 - Bad Medicine Campground Dock

2.3. Figure 4 - Photos Bad Medicine Campground Dock

3.1. Technical Specifications - Koocanusa Marina Boat Launch

3.2. Figure 5 - Photos Koocanusa Marina Boat Launch Dock

3.3. Figure 6 - General Drawing - Koocanusa Marina Boat Launch Dock

4.1. Project Map - Koocanusa Marina Boat Launch

4.2. Project Map - Door Skeels and Bad Medicine

(vii) Date(s) and Place(s) of Delivery and Acceptance/Location.

a. Delivery Location Dorr Skeels.

Delivery and assembly location is approximately 13 miles south of Troy, MT on Hwy 56; Dorr Skeels Boat Launch and Campground, Dorr Skeels Road, Troy, MT 59935.

b. Delivery Location Bad Medicine.

Delivery and assembly location is approximately 25 miles south of Troy on Hwy 56, at the south end of Bull Lake. Two miles west on Ross Creek Road #398/ West Shore Bull Lake road to Bad Medicine boat launch and campground. Address: 2395 Bull Lake Rd, Troy, MT 59935

c. Delivery Location Koocanusa Mariana.

Delivery and assembly location is at the Koocanusa Marina Boat Launch on Lake Koocanusa at 23911 MT-37 Libby, MT 59923.

Combined Synopsis No.: 1284LL22Q0006 / GAOA Bull Lake and Koocanusa Boat Launches and Dock Replacements

Delivery Contacts.

Dorr Skeels and Bad Medicine Delivery Contacts.

• Benjamin Bernall - c: 406-291-4670, benjamin.bernall@usda.gov

• Zach Windsor - w: 406-283-7610, zachariah.windsor@usda.gov

• Laura Jungst - w: 406-283-7648, laura.jungst@usda.gov

Koocanusa Marina Delivery Contacts.

• Micah Miller - c: 406-260-2176, micah.miller@usda.gov

• Zach Windsor - w: 406-283-7610, zachariah.windsor@usda.gov

• Laura Jungst - w: 406-283-7648, laura.jungst@usda.gov

Delivery Requirements The docks shall be delivered and fully assembled at their specified locations within the period of performance of the contract. The vendor will coordinate with one of the authorized Government contacts at least seven (7) days prior to delivery and to schedule inspection.

Refer to the project maps for additional information.

mailto:benjamin.bernall@usda.gov mailto:zachariah.windsor@usda.gov mailto:laura.jungst@usda.gov mailto:micah.miller@usda.gov mailto:zachariah.windsor@usda.gov mailto:laura.jungst@usda.gov

Combined Synopsis No.: 1284LL22Q0006 / GAOA Bull Lake and Koocanusa Boat Launches and Dock Replacements

GAOA Bull Lake and Koocanusa Boat Launches and Dock Replacements Door Skeels, Bad Medicine, and Koocanusa Marina

Lincoln County, MT

1.1. Technical Specifications - Dorr Skeels Dock

1. Three sections of 8’ by 20’ foot prefabricated floating dock and all connections (see Figure 1 for layout) to be delivered and assembled on-site by vendor, ready for use by the public.

2. Dock without live weight floats level.

3. Modular design: can add or remove a section to meet needs; sections easily attachable; when attached dock floats as a unit; connectors are rust-resistant.

4. Heavy-duty 12” galvanized steel truss framing, COE approved polyethylene encased flotation.

5. Four (4) Anchor Plates for existing submerged concrete block/chain anchorage system as noted in figure 1, located 8 feet from the end of dock section. All steel meets ASTM A36. The hot dip galvanizing meets ASTM A123. All welding meets AWS D1.1. Bolt holes are punched for 1/2” bolts.

6. 90% recycled environmentally friendly composite decking.

7. Continuous vinyl bumper, marine-grade vinyl, white in color, non-yellowing on the perimeter of the dock (see Figure 1).

8. Six (6) mooring cleats – Heavy-duty, 12”, Malleable iron. The hot-dip galvanizing meets ASTM A123.

9. Adequate flotation of the dock to support existing Topper Industries Inc. 4 ½ foot wide (outside) by 55-foot-long marine aluminum gangway, roller, and transition plate (see Figure 1, photo 2).

10. Adequate surface over decking for gangway rollers to slide on, approximately 6-8 feet horizontal movement due to lake elevation and/or ice.

11. Meet ADA guidelines for accessible boating facilities (i.e., curb on perimeter of dock).

12. The vendor shall provide delivery and assembly for each item to their specified delivery location within the period of performance of the contract. Refer to the delivery location and contacts for additional information.

Refer to Figure 1 and Figure 2 for details.

Combined Synopsis No.: 1284LL22Q0006 / GAOA Bull Lake and Koocanusa Boat Launches and Dock Replacements

1.2. Figure 1 - Dorr Skeels Dock

Assembled Dorr Skeels dock layout (not to scale)

(End of Figure 1)

Combined Synopsis No.: 1284LL22Q0006 / GAOA Bull Lake and Koocanusa Boat Launches and Dock Replacements

1.3. Figure 2 - Photos Dorr Skeels Dock

Existing Dorr Skeels gangway. Photos shows single wide dock, typical is double wide as shown in Photo 1

Existing Gangway to remail Existing gangway roller and slide plate

Existing gangway attached to concrete Existing gangway

(End of Figure 2)

Combined Synopsis No.: 1284LL22Q0006 / GAOA Bull Lake and Koocanusa Boat Launches and Dock Replacements

2.1. Technical Specifications - Bad Medicine Campground Dock

1. Three sections of 8’ by 20’ foot prefabricated floating dock and all connections (see Figure 3 for layout) to be delivered and assembled on-site by vendor, ready for use by the public.

2. Lightweight marine aluminum gangway 4 feet wide (inside) by 60 feet long, with hardware to connect to existing concrete platform 73” wide (see photo 4). Railing on concrete platform to remain. Replace gangway connection on concrete platform.

3. Dock without live weight floats level.

4. Modular design: can add or remove a section to meet needs; sections easily attachable; when attached dock floats as a unit; connectors are rust-resistant.

5. Heavy-duty 12” galvanized steel truss framing, COE approved polyethylene encased flotation.

6. Four (4) anchor plates for submerged concrete block/chain anchorage system as noted in Figure 4; 8 feet from end of dock section. All steel meets ASTM A36. The hot-dip galvanizing meets ASTM A123. All welding meets AWS D1.1. Bolt holes are punched for 1/2” bolts.

7. Four (4) Removable pile retainers, 1-1/2” diameter ASTM A36 schedule 40 pipe.

8. 90% recycled environmentally friendly composite decking.

9. Continuous vinyl bumper, marine-grade vinyl, white in color, non-yellowing on perimeter of the dock (see Figure 4).

10. Six (6) mooring cleats – Heavy-duty, 12”, Malleable iron. The hot-dip galvanizing meets ASTM A123.

11. Adequate surface over decking for gangway rollers to slide on, approximately 6-8 feet horizontal movement due to lake elevation and/or ice.

12. Meet ADA guidelines for accessible boating facilities (i.e., curb on perimeter of the dock).

13. The vendor shall provide delivery and assembly for each item to their specified delivery location

Refer to Figure 3 and Figure 4 for details.

Combined Synopsis No.: 1284LL22Q0006 / GAOA Bull Lake and Koocanusa Boat Launches and Dock Replacements

2.2. Figure 3 - Bad Medicine Campground Dock

Assembled dock layout (not to scale)

(End of Figure 3)

Combined Synopsis No.: 1284LL22Q0006 / GAOA Bull Lake and Koocanusa Boat Launches and Dock Replacements

2.3. Figure 4 - Photos Bad Medicine Campground Dock

Concrete platform for gangway, outside rail to rail of platform is 73”.

Concrete platform & railing to remain.

Concrete platform & rail from gangway

Combined Synopsis No.: 1284LL22Q0006 / GAOA Bull Lake and Koocanusa Boat Launches and Dock Replacements

Concrete platform & railing (to remain)

Connection to concrete

Concrete platform connection for gangway

Outside diameter pipe 2”

Inside diameter pipe 1”

Combined Synopsis No.: 1284LL22Q0006 / GAOA Bull Lake and Koocanusa Boat Launches and Dock Replacements

Concrete platform to remain

Connection pipe 5 ½” long 72” outside bolt to outside bolt

(End of Figure 4)

Combined Synopsis No.: 1284LL22Q0006 / GAOA Bull Lake and Koocanusa Boat Launches and Dock Replacements

3.1. Technical Specifications - Koocanusa Marina Boat Launch

The vendor shall provide a prefabricated movable floating dock and all connections shall be delivered and assembled on-site by the vendor, ready for use by the public.

1. Dock supports a minimum weight of 60 lbs. per square foot, resist a 400-pound concentrated vertical load at any point on the deck surface without violation of the freeboard.

2. Dock can withstand winds of 50MPH and accompanying wave action with minimum deflection both horizontally and vertically.

3. Dock without live weight floats level.

4. Modular design: can add or remove a section to meet needs; sections easily attachable; when attached dock floats as a unit; connectors are rust-resistant. Install a removable bumper at the end of the dock to cover modular connections (see Figure 5, Photo 1 for example).

5. Gangway with rails, transition plate and skid plate; includes mechanism that allows for dock to move with changes in water levels. Include a chock block system to prevent the dock from rolling downhill during dry storage (see Figure 5, Photo 2 for example).

6. Capable of being moved a minimum 1 mile with a regular ½ ton pickup truck with standard ball hitch, by one person.

7. Meet ADA guidelines for accessible boating facilities; gangway 1:12 slope, transition plate, handrails on gangway, dock minimum width 60", gangway minimum width 48".

8. Dock capacities are for several of twenty-foot boats that can load/unload at the same time as noted below in 3.1.c.

9. Dock and gangway require minimum maintenance; materials will withstand sun, water, and traffic without the need to paint or resurface for 10 years.

10. The vendor shall provide delivery and assembly for each item to their specified delivery location

3.1.a. Description: Two-lane ramp, 300 feet long, 12% slope

3.1.b. Dock Type: Prefabricated movable floating dock (Refer to the Koocanusa General Drawing for details).

3.1.c. Dock Capacity: Dock shall be capable to fit four (4) 20’ foot boats.

Refer to Figure 5 and Figure 6 for additional information.

Combined Synopsis No.: 1284LL22Q0006 / GAOA Bull Lake and Koocanusa Boat Launches and Dock Replacements

3.2. Figure 5 - Photos Koocanusa Marina Boat Launch Dock

Example bumper to cover modular connection end of dock

Example Chalk block system

Combined Synopsis No.: 1284LL22Q0006 / GAOA Bull Lake and Koocanusa Boat Launches and Dock Replacements

3.3. Figure 6 - General Drawing - Koocanusa Marina Boat Launch Dock

Combined Synopsis No.: 1284LL22Q0006 / GAOA Bull Lake and Koocanusa Boat Launches and Dock Replacements

4.1. Project Map - Koocanusa Marina Boat Launch

GAOA Koocanusa Boat Launch and Dock Replacement

Kootenai National Forets - Libby Ranger District

Campground Map

Combined Synopsis No.: 1284LL22Q0006 / GAOA Bull Lake and Koocanusa Boat Launches and Dock Replacements

4.2. Project Map - Door Skeels and Bad Medicine

GAOA Bull Lake Boat Launches and Dock Replacements Kootenai National Forests - Three Rivers Ranger District

(End of Attachments)

Combined Synopsis No.: 1284LL22Q0006 / GAOA Bull Lake and Koocanusa Boat Launches and Dock Replacements

(viii) 52.212-1 Instructions to Offerors – Commercial Items (SEP 2021) (Provision)

Addenda to 52.212-1.

(1) Offerors must have an active entity registration in the System for Award Management in order to submit an offer and be considered for award by the offer due date. See https://www.sam.gov/SAM/ for details, it’s FREE.

(2) Site Visit

(a) The Government is not planning a site visit during which potential offerors may obtain a better understanding of the work required.

(b) Offerors are encouraged to submit all questions in writing by email at least five (5) days prior to the offer due date. Subsequent to any questions and answers provided, an amendment to the solicitation containing an abstract of the questions and answers will be disseminated.

(c) The Government assumes no responsibility for any expense incurred by an offeror prior to contract award.

(d) Offerors are cautioned that all terms and conditions of the solicitation remain unchanged unless they are changed by amendment to the solicitation. If the answers are provided to questions, or any solicitation amendment, create ambiguities, it is the responsibility of the offeror to seek clarification prior to submitting an offer.

(e) Government Contacts:

• Benjamin Bernall - c: 406-291-4670, benjamin.bernall@usda.gov, AND Laura Jungst - w: 406-

283-7648, laura.jungst@usda.gov.

• Darrin Jackson – Contract Officer, c: 509-322-6209, darrin.jackson@usda.gov

(3) Offers submitted in response to this solicitation shall include the following, pricing, dock technical specifications, and the contractor representations and certifications. See below for details.

a) Technical Capability – The offeror technical proposal shall address the evaluation factors in 52.212-2. The technical proposal shall include the minimum, but not limited to the following:

1) Dock Specifications – The offeror shall provide a list of materials and technical specifications used to furnish and complete this project for each item.

b) Pricing/Delivery - Include the following:

1) Complete the price schedule for only the items the offeror wishes to be considered for award, and

2) Contractor shall provide their estimated delivery/assembly date for each dock.

c) Past Performance - Provide a list of similar projects completed by your firm over the past three (3) years. Include a brief description of the project, dollar amount, year completed, and project contact information (name, phone, location address, and email) https://www.sam.gov/SAM/ mailto:benjamin.bernall@usda.gov mailto:laura.jungst@usda.gov mailto:darrin.jackson@usda.gov

Combined Synopsis No.: 1284LL22Q0006 / GAOA Bull Lake and Koocanusa Boat Launches and Dock Replacements

d) Representations and Certifications – Fill in and complete the provisions 52.204-24 and 52.212-3 as well as (xiv) Representations and Certifications of this solicitation and submit with your offer.

(4) Date, Time, and Place Offers are due

Submit offers/quotes to the Contracting Officer (CO) - Darrin Jackson no later than January 11, 2021, by 4:00 p.m. PDT via email darrin.jackson@usda.gov.

Submit as Microsoft or Adobe PDF (PDF preferred). It is the responsibility of the offeror to confirm receipt and delivery of their quote. Attention “RFQ No.: 1284LL22Q0006” on the email subject line.

(5) Government Point of Contact

Submit questions to Darrin Jackson in writing via darrin.jackson@usda.gov (email preferred) or contact by phone at c: 509-322-6209.

(ix) 52.212-2 Evaluation – Commercial Items (OCT 2014) (Provision)

Addenda to 52.212-2.

Basis of Award.

The offeror will provide pricing for all items to be considered for award; pricing shall be rounded to the nearest tenth.

Evaluation Criteria.

The Government reserves the right to award all, some, or none of the items for this solicitation.

The Government anticipates to award one firm-fixed-price contracts to the responsible offeror whose quote conforming to the solicitation will be most advantageous and the best value to the Government. The following factors will be used to evaluate for the best value, but not limited to price, past performance, and other factors. There is no ranking order for the evaluation criteria.

The offeror shall submit the following to be considered for award.

a) Technical

1) Relevant Past Performance - The offeror will provide a list of any previous projects (similar work) and any current contractual commitments during the period of performance of this requirement. Relevant Past Performance will be evaluated based on the offeror information submitted with their quote (past performance contacts etc.). The Government data basis CPARS will be used, or any other means to determine the offeror’s past performance and technical capability. Relevant equates to the same or similar type of work for this requirement.

2) The offeror estimated delivery and assembly date for each dock will be evaluated to determine if the offeror is capable to meet the delivery timeframe for the contract requirement.

3) Dock Specifications – The offeror technical specifications submitted used to furnish and complete the requirement will be used to evaluate to determine the vendor fully understands the requirement and meets the contract requirement.

b) Price - Price will be evaluated based on the total amount for all items combined.

Combined Synopsis No.: 1284LL22Q0006 / GAOA Bull Lake and Koocanusa Boat Launches and Dock Replacements

(x) 52.212-3 Offeror Representations and Certifications – Commercial Items (FEB 2021) (DEVIATION JUL 2020) (Provision)

(x) 52.212-4 Contract Terms and Conditions – Commercial Items (OCT 2018) (Clause)

For full text: 52.212-4

Addenda to 52.212-4.

Replace paragraph (r) of clause 52.212-4 with the following as specified in DEVIATION

2017-1 (AUG 2017):

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C chapter 21 relating to procurement integrity.

Addenda to 52.212-4(a) Inspection/Acceptance.

Inspection will be performed by an authorized Government official once the vendor has delivered and fully assembled the prefabricated docks to their designated locations. Once assembled, the authorized Government personnel shall inspect the floating docks for visual inspection for acceptance when the docks are in the water. Once accepted by the Government, the vendor may invoice in IPP (www.ipp.gov) for payment. Refer to FAR 52.212-4 for additional information.

Invoicing - Invoice Processing Platform (IPP):

The Contractor is required to submit and attach their invoices electronically through the Invoice Processing Platform (IPP) and do not need to contact IPP or the agency for enrollment. IPP enrollment will occur automatically and directly through the USDA Forest Service upon the Contractor receiving an award. The vendor will receive two emails from IPP “STLS.IPPHELPDESK@stls.frb.org” with their IPP Login ID and Temporary Password. Follow the instructions once logged into your IPP account.

If the Contractor is having difficulty logging in or finding the email from IPP with login information, check for the emails in junk/spam inbox. If no email is found with login information, contact the IPP Helpdesk at 1-866-973-3131 or email: IPPCustomerSupport@fiscal.treasury.gov to have IPP resend the login information.

(x) 52.212-5 Contract Terms and Conditions Required To Implement Statutes or

Executive Orders - Commercial Items. (SEP 2021) (Clause)

(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 items:

(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 (Jul 2018) (Section 1634 of Pub. L. 115-91).

https://www.acquisition.gov/far/part-52#FAR_52_212_4 http://www.ipp.gov/ https://www.acquisition.gov/far/part-52#FAR_52_212_4 mailto:STLS.IPPHELPDESK@stls.frb.org mailto:IPPCustomerSupport@fiscal.treasury.gov

Combined Synopsis No.: 1284LL22Q0006 / GAOA Bull Lake and Koocanusa Boat Launches and Dock Replacements

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (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. 3805note)).

(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 items:

[Contracting Officer check as appropriate.] ☐ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I (Oct

1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

☐ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (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).

☒ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment. (Jun 2020) (31 U.S.C. 6101note).

☐ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018)

(41 U.S.C. 2313).

☐ (10) [Reserved].

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

☐ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Sep

2021) 15 U.S.C. 657a).

☐ (13) [Reserved] ☒ (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.

☐ (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 (Sep 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

☐ (19) 52.219-14, Limitations on Subcontracting (Sep 2021) (15 U.S.C.637s)

Combined Synopsis No.: 1284LL22Q0006 / GAOA Bull Lake and Koocanusa Boat Launches and Dock Replacements

[Contracting Officer check as appropriate.] ☒ By the end of the base term of the contract and then by the end of each subsequent option period; or ☐ By the end of the performance period for each order issued under the contract.

☐ (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. 637(a)(17)).

☒ (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

☒ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2020)

(DEVIATION JUL 2020) (E.O.13126).

☒ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

☒ (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

☐ (ii) Alternate I (Feb 1999) of 52.222-26.

☐ (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.

☒ (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.

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

☐ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)

(E.O. 13496).

☒ (35) (i) 52.222-50, Combating Trafficking in Persons (Oct 2020) (22 U.S.C. chapter 78 and E.O.

13627).

☐ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter78 and E.O. 13627).

☐ (36) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 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).

Combined Synopsis No.: 1284LL22Q0006 / GAOA Bull Lake and Koocanusa Boat Launches and Dock Replacements

☐ (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.

☒ (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. 552 a).

☐ (ii) Alternate I (Jan 2017) of 52.224-3.

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

☐ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Jan 2021) (DEVIATION

JUL 2020) (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, 19 U.S.C. chapter 29 (sections 4501-4732), 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 (May 2014) of 52.225-3.

☐ (iii) (ii) Alternate II (May 2014) (DEVIATION JUL 2020) of 52.225-3.

☐ (iv) (iii) Alternate III (May 2014) of 52.225-3.

☐ (50) 52.225-5, Trade Agreements (Oct 2019) (DEVIATION JUL 2020) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

☒ (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 Items (Feb 2002) (41 U.S.C.4505, 10 U.S.C.2307(f)).

☐ (57) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C.4505, 10

U.S.C.2307(f)).

☒ (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).

Combined Synopsis No.: 1284LL22Q0006 / GAOA Bull Lake and Koocanusa Boat Launches and Dock Replacements

☐ (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 (Feb 2006) (46

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

☐ (ii) Alternate I (Apr 2003) of 52.247-64.

☐ (iii) Alternate II (Feb 2006) 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 items:

[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 Under Executive Order 13658 (Nov 2020).

☐ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (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 items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

Combined Synopsis No.: 1284LL22Q0006 / GAOA Bull Lake and Koocanusa Boat Launches and Dock Replacements

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (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 (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (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 2015) (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 (Oct 2020) (22 U.S.C. chapter 78 and E.O

13627).

(B) Alternate I (Mar 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 (Oct 2015) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Nov 2020).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (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 (Feb 2006) (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 items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(xiii) Additional Requirements/Terms and Conditions

Clauses:

Combined Synopsis No.: 1284LL22Q0006 / GAOA Bull Lake and Koocanusa Boat Launches and Dock Replacements

52.204-13 System for Award Management Maintenance (OCT 2018)

52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020)

52.204-21 Basic Safeguarding of Covered Contractor Information Systems (Jun 2016)

(a) Definitions. As used in this clause– Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments.

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

Safeguarding means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

Combined Synopsis No.: 1284LL22Q0006 / GAOA Bull Lake and Koocanusa Boat Launches and Dock Replacements information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

52.252-2 Clauses Incorporated by Reference.

As prescribed in 52.107(b), insert the following clause: 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):

Federal Acquisition Regulation (FAR) Clauses:

https://www.acquisition.gov/browse/index/far (FAR clauses begin with 52) Department of Agriculture Acquisition Regulation (AGAR) Clauses:

https://www.acquisition.gov/agar (AGAR clauses begin with 452) Deviations to provisions may be viewed at:

https://www.dm.usda.gov/procurement/policy/FARClassDeviations.htm

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 Agriculture Acquisition Regulation (48 CFR __4___) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

452.211-74 Period of Performance (FEB 1988) The period of performance of this contract is from May 1, 2022 - September 30, 2022.

https://www.acquisition.gov/far/part-52#FAR_52_107 https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar

Combined Synopsis No.: 1284LL22Q0006 / GAOA Bull Lake and Koocanusa Boat Launches and Dock Replacements

Provisions:

52.204-7 System for Award Management (OCT 2018)

52.204-16 Commercial and Government Entity Code Reporting (JUL 2016)

52.223-1 Biobased Product Certification (MAY 2012)

52.223-4 Recovered Material Certification (MAY 2008)

452.204-70 Inquiries (FEB 1988)

52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998) This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

Federal Acquisition Regulation (FAR) Clauses:

https://www.acquisition.gov/browse/index/far (FAR clauses begin with 52) Department of Agriculture Acquisition Regulation (AGAR) Clauses:

https://www.acquisition.gov/agar (AGAR clauses begin with 452) Deviations to provisions may be viewed at:

52.252-5 Authorized Deviations in Provisions (NOV 2020)

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

(b) The use in this solicitation of any Agriculture Acquisition Regulation (48 CFR Chapter 4) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(xiv) Representations and Certifications (complete and return this section with your offer)

VENDOR NAME: _____________________________________________

VENDOR DUNS NO.: _____________________________________________

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (OCT 2020).

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 https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar

Combined Synopsis No.: 1284LL22Q0006 / GAOA Bull Lake and Koocanusa Boat Launches and Dock Replacements

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 Items. 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 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…