Combined Synopsis Solicitation USNS MERCY MHE N3220522Q0065.pdf

MILITARY SEALIFT COMMAND

N10 - CONTRACTS AND BUSINESS MANAGEMENT DIRECTORATE

COMBINED SYNOPSIS/SOLICITATION TEMPLATE

Military Sealift Command Combined Synopsis and Solicitation Notice Information

1. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR 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.

2. Solicitation number is N3220522Q0065 and is being issued as a Request for Quotes (RFQ).

3. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) FAC 2022-01 / 12-06-2021 located on https://www.acquisition.gov

4. The associated NAICS code is 811310 and the associated PSC code is J039 for this procurement: NOTE:

A Class Waiver is not applicable to a procurement unless the NAICS code, PSC, and NAICS Code Descriptor currently in effect, match the item(s) being procured.

is not being set-aside for small businesses.

is being set-aside for Small Business.

5. The table below lists the Contract Line Item Number(s) (CLIN(s)) and items, quantities and units of measure, inclusive of any applicable options:

SERVICES

CLIN DESCRIPTION QUANTITY UNIT OF

MEASURE

0001 Inspect, service, repair, weight test and certify six (6)

Hyster forklifts and five (5) Big Joe forklifts in accordance with the statement of work below.

Service will include labor, travel and material.

1 Activity Unit

6. Statement of Work

1. Statement of Work (SOW): The following work items shall be accomplished by the selected service provider (contractor) in conjunction with this repair and maintenance requirement. The Government intends to award a Fixed Price Contract to the selected service provider:

a. Services to MHE identified in Table 1 below shall be performed ashore (or on board ships name) at the customer activity location. The Contractor’s quote shall specify the proposed location of the service and provide a summary of the proposed process for maintenance, repairs, and safety recertification.

b. Contractor shall perform all related pre – post inspections, of MHE identified in Table 1 in accordance with the requirements set forth in references (a) and (b), attachments 1 and 2 (CDRL’s), and appropriate vehicle technical manuals.

c. SCOPE OF DIESEL FORKLIFT REPAIR WORK INCLUDES

PERFORM DIAGNOSTICS

Perform diagnostic service utilizing dashboard display, and – when required - Hyster approved and authorized Off-Board Laptop Diagnostic Troubleshooting Software, hardware, and diagnostic procedures.

Make sure speed is set at 5MPH

PERFORM VISUAL INSPECTION

Perform a complete inspection of the vehicle to include, but not be limited to, the following:

-Fluid Leaks -Carriage, including Rollers and Slider Blocks -Forks and Locks -Mast Chains, Retainers, and Anchors -Tire Condition -Steering Components -Overhead Guard -Improper Modifications -Seat Condition and Belts -Attachments, including Towing Devices

PERFORM OPERATIONAL INSPECTION

-Safety Devices -Neutral Starting Switch -Instruments/Horn/Lights -Brakes, Pedals, and Linkages -Forward and Reverse Vehicle Operation -Parking Brake -Inching Control -Shift Levers -Steering -Exhaust Smoke -Mast Operation -Tilt Cylinder Operation -All Attachments -Backup Alarms

CLEAN VEHICLE AND COMPONENTS

-All Painted Areas -Radiator and Engine Compartment -Steer and Drive Axle -Mast -Under Floor Plate -Control Panel Area -Operator Area -Battery Tray

INSPECT ELECTRICAL SYSTEMS

-Panel Power Connections -Check Seat Switch -Check Wire Connections and Condition -Check Distributor Cap and Rotor (if equipped) -Clean Battery Cable and Connections -Other Electrical Components, as Installed -Perform Repairs, as required

INSPECT HYDRAULIC SYSTEMS

-All Hydraulic Lines, Hoses, and Fittings -Mast and Hose Reel -Lift, Tilt, and Shift Cylinders -Hydraulic Tank and Breather -Hydraulic Pumps -Attachment Links

-Attachment Cylinders -Control Valve Operation and Leaks -Other Hydraulic Systems, as installed -Perform Repairs, as required

LUBRICATE VEHICLE

-Clutch Pedal -Accelerator Pedal -Drive Line U-Joints -Steer Axle -Steering Mechanisms -Mast, Chains, Rollers, Carriage Attachments -Brakes and Parking Brake Linkages -Accelerator Pedal -Direction Pedal -Lift and Tilt Control Hinges -Other Lubrication Points, as installed

INSPECT FUEL SYSTEM

-Check for Leaks -Check Fuel Lock-Off Regulators and Drain -Clean Water Trap -Perform Repairs, as Required

PERFORM ADDITIONAL MAINTENANCE ACTIONS

-Verify Stencils/Markings Per NAVSUP P-538 and Re-Stencil/Re-Mark as needed, marking should include SWL both sides, VW both sides (and in view of operator on mast assembly), all operator controls, Manufacture name plate, Accredited laboratory UL, MHE safety Certification and EE on three sides -Check for Error Codes and Perform Non-Major Repairs, as required, to Clear Code -Check Mast Mounting Trunnions and Re-Torque Bolts, as Needed -Repack Leaking Lift, Tilt and Shift Cylinders -Adjust Load Chains and Cylinder Rods -Complete Electrical Tune-up (plus wires, rotors, etc, as equipped) -Check/Adjust Belts Condition and Tension; Replace as Required -Check Engine Compression -Check and Adjust Ignition Timing (as equipped) -Check and Adjust High and Low Engine RPMs -Adjust Engine Valves and Replace Valve Cover Gasket (as equipped) -Clean & Check PCV Valve (as Equipped); Replace as Needed -Check/Clean Induction System -Clean Filter Canister, Pre Cleaner -Check Radiator Hoses; Replace as Required -Change Air Cleaner -Change Final Fuel Filter (as equipped) Date filter -Change Engine Oil and Filter Date filter -Change Transmission Oil and Filter Date filter -Change Hydraulic Oil and Filters -Change All Differential, Speed Reducer, and Final Drive Lubricants -Drain, Flush, and Change Coolant -Adjust Hydraulic Pressure, as required -Inspect lights, Backup Alarm, and Associated Wiring; Repair/Replace, as required -Remove Steer and Drive (Load) Wheels; inspect and Repack all four (4) Bearings -Check Brakes, Wheel Cylinders, and Associated Hardware; Adjust/Repair as required -Re-Torque Drive and Steer Wheel Nuts -Evacuate Brake System; Replace Fluid with DOT 3 Brake Fluid, or Per Tech Manual -Adjust Parking Brake and Linkage; Repair as required

-Adjust Steering Linkage; Repair as required -Raise Rear of Vehicle and Manually Test Rear Brake Operation (with brake pedal pressed).

-Re-Adjust all Brakes, as required -Perform Basic Corrosion Control Utilizing Wire Brush and Spot Paint Techniques.

-Submit Condition Found Report (CFR) and Quote for Required Major Repairs

d. SCOPE OF ELECTRIC FORKLIFT REPAIR WORK INCLUDES

PERFORM DIAGNOSTICS

Perform diagnostic service utilizing dashboard display, and – when required - Hyster approved and authorized Off-Board Laptop Diagnostic Troubleshooting Software, hardware, and diagnostic procedures.

Make sure speed is set at 5MPH

PERFORM VISUAL INSPECTION

Perform a complete inspection of the vehicle to include, but not be limited to, the following:

-Fluid Leaks -Carriage, including Rollers and Slider Blocks -Forks and Locks -Mast Chains, Retainers, and Anchors -Tire Condition -Steering Components -Overhead Guard -Improper Modifications -Seat Condition and Belts -Attachments, including Towing Devices

PERFORM OPERATIONAL INSPECTION

-Safety Devices -Neutral Starting Switch -Instruments/Horn/Lights -Brakes, Pedals, and Linkages -Forward and Reverse Vehicle Operations -Parking Brake, -Shift Levers -Steering -Mast Operations -Lift, Tilt, and Shift Controls -All Attachments -Backup Alarms

CLEAN VEHICLE AND COMPONENTS

-All Painted Areas -Steer and Drive Axle -Mast -Under Floor Plate -Control Panel Area -Operator Area -Battery Compartment and Tray -Motors and Pumps

INSPECT ELECTRICAL SYSTEMS

-Panel Power Connections -Check Contactor Tips -Check Seat Switch -Battery Discharge Indicator, as installed -Current Limiter, as installed

-Other Electrical Components, as installed -Perform Repairs, as required

INSPECT HYDRAULIC SYSTEMS

-All Hydraulic Lines, Hoses, and Fittings -Mast and Hose Reel -Lift, Tilt, and Shift Cylinders -Hydraulic Tank and Breather -Hydraulic Pumps -Attachment Links -Attachment Cylinders -Control Valve Operation and Leaks -Other Hydraulic Systems, as installed -Perform Repairs, as required

LUBRICATE VEHICLE

-Steer Axle -Steering Mechanisms -Mast, Chains, Rollers, Carriage Attachments -Brakes and Parking Brake Linkages -Accelerator Pedal -Direction Pedal -Lift and Tilt Control Hinges -Other Lubrication Points, as installed

SERVICE BATTERIES AND BATTERY CHARGERS

Perform Battery Voltage Tests -Check/Clean/Adjust Battery Cables -Check/Clean/Adjust Battery Connectors -Clean Terminals, Bus Bars and Top of Battery -Fill Flooded Batteries with Double-Distilled Water -Check Specific Gravity of Cells, as appropriate -Charge Battery and Evaluate Overall Health -Check Battery Charger Settings and Reprogram Chargers, as required

PERFORM ADDITIONAL MAINTENANCE ACTIONS

-Verify Stencils/Markings Per NAVSUP P-538 and Re-Stencil/Re-Mark as needed, marking should include SWL both sides, VW both sides (and in view of operator on mast assembly), all operator controls, Manufacture name plate, Accredited laboratory UL, MHE safety Certification and EE on three sides -Check for Error Codes and Perform Non-Major Repairs, as required, to Clear Code.

-Replace Faulty Encoder Bearings -Check Mast Mounting Trunions and Re-Torque Bolts, as needed.

-Repack Leaking Lift, Tilt and Shift Cylinders -Adjust Load Chains and Cylinder Rods -Change Hydraulic Oil, Filters, and Breathers -Adjust Hydraulic Pressure, as required -Replace Loose/Warn Hydraulic Pump Motor Mount Bushings -Inspect Lights, Backup Alarm, and Associated Wiring; Repair/Replace, as required.

-Check and Adjust Current Limiter -Remove Steer and Drive (Load) Wheels, Inspect and Repack all four (4) Bearings -Check Brakes, Wheel Cylinders, and Associated Hardware; Adjust/Repair as required.

-Re-Torque Drive and Steer Wheel Nuts -Evacuate Front and Rear Brake Systems; Replace Fluid with DOT 3 Brake Fluid, or per Tech Manual.

-Check and Adjust Rear Brake Master Cylinder, Actuator Cable, Pivot Mechanism, Brake Lines, and Associated Hardware; Repair as required.

-Adjust Parking Brake and Linkage; Repair as required.

-Check and Adjust Plugging Distances -Adjust Steering Linkage; Repair as required -Raise Rear of Vehicle and Manually Test Rear Brake Operation (with brake pedal pressed).

-Re-Adjust all Brakes, as required -Perform Basic Corrosion Control Utilizing Wire Brush and Spot Paint Techniques.

-Remove, and inspect the counterweight, mounting bolt, for rust, corrosion, worn threads and threaded base plate surface. Re-install the counterweight, and mounting bolts that are within SAE standards, and re-torque the counterweight bolts to 410 foot pounds, or replace the bolts, and re-thread the base plates that fail the visual inspection, as required.

e. Big Joe Pallet Stackers Verify Stencils/Markings Per NAVSUP P-538 and Re-Stencil/Re-Mark as needed All Hydraulic Lines, Hoses, and Fittings (change if needed) Check battery and replace as needed Perform Basic Corrosion Control Utilizing Wire Brush and Spot Paint Techniques Brakes and Brake Linkages Lubricate / inspected all wheels (changed if needed) Lubricate Mast assy / chain / roller and bearings

2. Equipment to be serviced:

USNS MERCY - TABLE 1

MANUFACTURER MODEL MSC

NUMBER SERIAL NUMBER CONDITION REPORT

DISCREPANCIES

HYSTER E40ZG/EE 23-02105 G108N09633F Complete PM and Safety certification.

HYSTER E40ZG/EE 23-02106 G108N09672F Complete PM and Safety certification

HYSTER E40ZG/EE 23-02336 G108N10891F Complete PM and Safety certification.

HYSTER E40ZG/EE 23-02337 G108N10895F Complete PM and Safety certification

HYSTER S60FTG/DS 23-02393 F187G14622G Complete PM and Safety certification.

HYSTER S60FTG/DS 23-02394 F187G14631G Complete PM and Safety certification.

BIG JOE PDI-2018-

T9 28-00108 4607891 Complete PM and Safety certification.

BIG JOE PDI-2018-

T9 28-00109 4608641 Complete PM and Safety certification.

BIG JOE PDM-30-106 28-00110 4608019 Complete PM and Safety certification.

BIG JOE PDM-30-106 28-00111 4608411 Complete PM and Safety certification.

BIG JOE PDM-30-106 28-00112 4608404 Complete PM and Safety certification.

3. Deliverables:

The contractor shall provide

a. Contractor shall complete and sign an MHE Safety Certification form for each asset (forklift, side loader, manual pallet jack) listed in Table 1 in accordance with NAVSEA Instruction SW023-AH-WHM-010 reference (a). Provide a copy to the MHE Program Support Office at MSC Norfolk upon completion of service

b. Contractor shall complete and sign CDRL A0002 Fork Inspection form for each unit listed in Table 1. Provide a copy to the MHE Program Support Office at MSC Norfolk upon completion of service.

c. Provide CDRL A0003- Final Inspection Condition Report to the MHE Program Support Office at MSC Norfolk (N44) at the end of the scheduled Period of Performance (POP)

d. Contractor shall coordinate with the technical point of contact to arrange U.S. Government inspection of the MHE/forklifts prior to their return. The inspection will occur on a date mutually agreed upon by the service provider and technical point of contact.

e. Contract must be able to read and understand all items listed on this SOW (Ref 1, 2 and encl 1-2).

f. If additional repair action are needed, YOU MUST contact N10 contract specialist (MSC government representative) for approval prior to completing. Additional work must be submitted on condition found report within 10 days of receipt.

4. Qualifications: The selected service provider/contractor must meet the following qualifications.

a. All management and technical personnel performing above listed services must be able to demonstrate the following:

- Experience performing safety certifications on shipboard-approved MHE in accordance with the requirements set forth in the NAVSEA SW023-AH-WHM-010, NAVSUP PUB 538, and equipment technical manuals.

- Experience interpreting, trouble-shooting, and resetting HYSTER on-board dash displays.

- Access to HYSTER proprietary hardware and software required to reset onboard electronics.

- Able to read and understand the NAVSEA SW0-23-AH-WHM-10, NAVSUP Publication 538, CDRL A0001- Final Inspection Condition Report, CDRL A0002 - Fork Maintenance Report and meet all requirement.

b. Contractor shall staff and equip the service with the capability to perform all actions without assistance from MSCHQ command personnel.

c. Contractor must have access to technical and diagnostic manuals applicable to the equipment being serviced.

d. Contractor shall have the ability to change/press tires using existing location tire press (if available) and/or obtain alternate services relative to satisfying the MHE asset requirement. If contractor is performing fly in service – service provide is not responsible for changing / press tires due to time restraints.

e. Contractor must be able to perform the required services within the Period of Performance (POP) identified in the RFQ/Statement of Work document. If additional work is identified, and approved by the Government, the Contractor must have the ability to complete the additional service work by close of the requested POP as well.

f. Contractor shall complete a security form for each employee that will be servicing MHE onboard government installations and submit the information (including, but not limited to name, social security number, and birth date) to Military Sealift Command (MSC)/MSC Security Officer, as requested. The Government will provide approval for personnel to access base installation locations for a pre-determined timeframe (up to one year), as appropriate.

g. Contractor personnel performing maintenance and repairs onboard MSC vessels or affiliated shore activities shall abide by all DOD, Navy, MSC security requirements and clearance procedures required to access U.S. Government facilities and/or MSC customer locations.

5. NORFOLK - Technical Points of Contact (POCs):

- Primary POC: Damian Schmitt – Email: damian.schmitt.civ@us.navy.mil Phone: 757-443-1463

- Alternate POC: Marrecus Johnson – Email: marrecus.o.johnson.ctr@us.navy.mil Phone: 757-443-1399 mailto:damian.schmitt.civ@us.navy.mil mailto:marrecus.o.johnson.ctr@us.navy.mil

6. Travel:

a. Access paperwork: Will be provided by MSC designated representative, as appropriate.

7. Place of Performance/Period of Performance:

Naval Station San Diego, CA. Pier TBD

06 JAN – 18 FEB 2022

7. Services Contract Reporting (SCR):

Services Contract Reporting (SCR) requirements apply to this contract. The contractor shall report required SCR data fields using the SCR section of the System for Award Management (SAM) at following web address:

https://sam.gov/SAM/

(End of Statement of Work)

7. The provision at FAR 52.212-1, Instructions to Offerors – Commercial applies to this acquisition and is incorporated by reference. The provision is amended as follows:

52.212-1 (ADDENDUM) ADDITIONAL INSTRUCTIONS TO OFFERORS--COMMERCIAL

ITEMS

a. Any inconsistency between FAR Provision 52.212-1 and the Addendum to FAR 52.212-1 shall be solved by giving precedence to the Addendum to FAR 52.212-1.

b. After receipt of quotes the Government may, with or without notice, negotiate with and, if desired, seek quote revisions from as many or as few quoters as it, in its discretion, deems appropriate.

c. The term “offeror” or “offer” as used in FAR 52.212-1 shall be understood to mean “quoter” and “quote,” respectively. Further, the term “award” shall be understood to describe the Government’s issuance of an order.

d. The Government will consider all quotes that are timely received and may consider late quotes.

Failure of a quote to address any items required in the submission package may make a quote unacceptable.

e. Paragraph (b) of FAR Provision 52.212-1, Submission of Offers, is amended as follows:

In addition to the quote submission requirements stated in FAR provision 52.212-1, quoters shall provide the following, as part of the quote submission package, no later than the required time and date for quote submission:

Responsible sources shall provide the following:

1. Price quote which identifies the requested item(s), unit price inclusive of shipping (if any), and extended price.

2. Total Firm Fixed price

3. Price quotes shall be accompanied by the vendor’s published labor rates.

4. Any Discount Terms

5. Estimated time of delivery

6. Technical Submission Requirements

a. For Parts/Supply buy, the quote shall contain a description including part number and title for each item listed in the solicitation to allow the Government to verify that the quoted parts match the requirements listed in the requirements schedule. Brand Name/OEM parts shall be used for this service.

b. Quote shall contain ALL material, labor and travel to complete the entire service requirement without contract modification.

c. It is strongly encouraged that prospective vendors comply with FAR 52.237-1 Site Visit to determine what material is required prior to submitting a quote. Points of contact are in Paragraphs 10 and 11 of the SOW.

d. Quote must contain proof that the vendors have the experience and capability as specified in paragraph 9 of the statement of work above. Failure to provide proof will be considered non-compliant and will be deemed non-responsive.

7. Responses to the solicitation are due 17 December 2021 @ 1200 noon, Norfolk, VA time. Quotes may be e-mailed to Shannon.rolince@navy.mil and James Van Natta, james.vannatta@navy.mil.

Please be sure to copy both parties with your quote. To be considered timely, an E-mail quote must be received in its entirety in the designated E-mail inbox by the due date and time for quote submission. Quotes received after that time will be considered at the Government’s sole discretion. Please reference the solicitation number on your quote.

Primary Point of Contact: Shannon Rolince/757-443-0952/shannon.rolince@navy.mil Secondary Point of Contact: James Van Natta/757-443-5949/james.vannatta@navy.mil

The Government will consider all quotes that are timely received and may consider late quotes in accordance with 52.212-1. Failure of a quote to address any items listed in the attached submission package may make a quote unacceptable.

8. Provision 52.212-2 Evaluation—Commercial Items (Oct 2014) applies to this acquisition.

(a) The Government may award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

(i) technical capability of the item offered to meet the Government requirement;

(ii) price;

Award shall be made to the lowest priced technically acceptable offeror in LPTA solicitations.

To be considered a technically acceptable solution for a parts procurement, the quoted parts shall meet the solicitation requirements including required parts, delivery dates, and terms and conditions stated in the solicitation.

To be considered a technically acceptable solution for a service, the quoted service shall meet the solicitation requirements including terms and conditions stated in the solicitation. The quote shall state that all aspects of the technical requirement, including required delivery date and part numbers, can be met.

The Government will evaluate quoted pricing for reasonableness utilizing techniques described in FAR 13.106-3.

(b) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror by the Government within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

9. All Offerors must include a completed copy of FAR 52.212-3, Offeror Representations and Certifications – Commercial Items with its offer.

10. Clause 52.212-4 Contract Terms and Conditions – Commercial items (OCT 2018), applies to this acquisition.

11. CLAUSE 52.212-5, CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS – COMMERCIAL ITEMS (OCT 2019), applies to this acquisition along with the following FAR Clauses cited in the clause are applicable.

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement p89rovisions 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).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(5) 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 items: (Contracting Officer check as appropriate.)

____ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), 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 (Oct 2015) (41 U.S.C. 3509).

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

XX (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (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. (Oct 2015) (31 U.S.C. 6101 note).

____ (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 (NOV 2011) (15 U.S.C. 657a).

____ (ii) Alternate I (NOV 2011) of 52.219-3.

____ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (ii) Alternate I (JAN 2011) of 52.219-4.

____ (13) [Reserved]

(14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

____ (ii) Alternate I (NOV 2011).

____ (iii) Alternate II (NOV 2011).

____ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

____ (ii) Alternate I (Oct 1995) of 52.219-7.

____ (iii) Alternate II (Mar 2004) 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 (Aug 2018) (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 (Nov 2016) of 52.219-9.

____ (v) Alternate IV (Aug 2018) of 52.219-9.

____ (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

____ (19) 52.219-14, Limitations on Subcontracting (JAN 2017) (15 U.S.C. 637(a)(14)).

____ (20) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C.

657f).

XX (22) 52.219-28, Post Award Small Business Program Rerepresentation (July 2013) (15 U.S.C. 632(a)(2)).

____ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns (Dec 2015) (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 (Dec 2015) (15 U.S.C. 637(m)).

XX (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

____ (26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).

XX (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

XX (28)(i) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).

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

____ (29)(i) 52.222-35, Equal Opportunity for Veterans (OCT 2015)(38 U.S.C. 4212).

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

XX (30)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

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

____ (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

____ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496).

____ (33)(i) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O. 13627).

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

____ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 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.)

____ (35)(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.)

____ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (June, 2016) (E.O. 13693).

____ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (June, 2016) (E.O. 13693).

____ (38) (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.

____ (39)(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.

____ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

____ (41)(i) 52.223-16, Acquisition of EPEAT[supreg]-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

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

XX (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O.

13513).

____ (43) 52.223-20, Aerosols (June, 2016) (E.O. 13693).

____ (44) 52.223-21, Foams (June, 2016) (E.O. 13693).

____ (45)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

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

____ (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

____ (47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (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 (May 2014) of 52.225-3.

____ (iii) Alternate II (May 2014) of 52.225-3.

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

____ (48) 52.225-5, Trade Agreements (AUG 2018) 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__XX__ (49) 52.225-13, Restrictions on Certain Foreign Purchases (JUNE 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

____ (50) 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).

____ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150

____ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.

5150).

____ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

____ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

XX (55) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Oct 2018) (31 U.S.C.

3332).

____ (56) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (July 2013) (31 U.S.C. 3332).

____ (57) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

____ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

____ (59) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)).

____ (60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C.

Appx. 1241(b) 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) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).

___ (2) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

___ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

_____ (4) 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).

_____ (5) 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).

_____ (6) 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).

_____ (7) 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).

___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015) (E.O. 13658).

__XX__ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

_____ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (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, 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—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (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) 52.219-8, 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 $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(v) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

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

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

(viii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (Feb 2016) (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) __XX_ (A) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (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 (Oct 2015) (E. O. 12989).

(xvii)52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

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

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

(xix) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(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. (May 2014) (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. Appx 1241(b) 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.

(End of clause)

12. The following additional information is applicable to this acquisition:

CLAUSES INCORPORATED BY REFERENCE

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal

Confidentiality Agreements or Statements-Representation

JAN 2017

52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 SAM Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-21 Basic Safeguarding of Covered Contractor Information Systems JUN 2016 52.204-22 Alternative Line Item Proposal JAN 2017 52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2017 52.232-18 Availability Of Funds APR 1984 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.237-2 Protection of Government Buildings, Equipment, and Vegetation APR 1984 52.245-1 Government Property JAN 2017 52.245-9 Use and Charges APR 2012 52.247-34 F.O.B. Destination NOV 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 252.203-7005 Representation Relating to Compensation of Former DoD Officials NOV 2011 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Level I Antiterrorism Awareness Training for Contractors FEB 2019 252.204-7008 Compliance With Safeguarding Covered Defense Information Controls OCT 2016 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting OCT 2016 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support MAY 2016 252.211-7007 Reporting of Government-Furnished Property AUG 2012 252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous

Materials

SEP 2014

252.223-7008 Prohibition of Hexavalent Chromium MAY 2011 252.225-7001 Buy American And Balance Of Payments Program-- Basic DEC 2017 252.225-7002 Qualifying Country Sources As Subcontractors DEC 2017 252.225-7048 Export-Controlled Items JUNE 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports DEC 2018 252.232-7010 Levies on Contract Payments DEC 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personne NOV 2010 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.244-7003 Subcontracts for Commercial Items and Commercial Components (DoD

Contracts)

OCT 2020

252.245-7001 Tagging, Labeling and Marking of GFP APR 2012 252.245-7002 Reporting Loss of Government Property (DEVIATION 2020-O0004) FEB 2020 252.245-7003 Contractor Property Management System Administration APR 2012 252.245-7004 Reporting, Reutilization and Disposal DEC 2017 252.246-7003 Notification of Potential Safety Issues JUN 2013

252.247-7023 Transportation of Supplies by Sea APR 2014

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (DEC 2019)

The Offeror shall not complete the representation in 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 the provision at 52.204-26, Covered Telecommunications Equipment or Services-Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items.

(a) Definitions. As used in this provision— “Covered telecommunications equipment or services”, “critical technology”, and “substantial or essential component” have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. 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. Contractors are not prohibited 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.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(d) Representation. The Offeror represents that it □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation.

(e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it “will” provide covered telecommunications equipment or services”, the Offeror shall provide the following information as part of the offer—

(1) A description of all covered telecommunications equipment and services offered (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number;

and item description, as applicable);

(2) Explanation of the proposed use of covered telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b) of this provision;

(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and

(4) For equipment, the entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).

(End of provision)

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)

(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).

https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#id19CAC0P0ESS https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1060550 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#unique_1485756762 https://www.sam.gov/

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…