Solicitation Amendment FA252120B00210002 SF 30.pdf

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11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended. is not extended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

(a) By completing items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NUMBER AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER

NUMBER IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

16C. DATE SIGNED

Previous edition unusable STANDARD FORM 30 (REV. 11/2016) Prescribed by GSA FAR (48 CFR) 53.243

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE PAGE OF PAGES

2. AMENDMENT/MODIFICATION NUMBER 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQUISITION NUMBER 5. PROJECT NUMBER (If applicable)

6. ISSUED BY CODE 7. ADMINISTERED BY (If other than Item 6) CODE

8. NAME AND ADDRESS OF CONTRACTOR (Number, street, county, State and ZIP Code) (X) 9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NUMBE

10B. DATED (SEE ITEM 13)

CODE FACILITY CODE

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

The Purpose of This Amendment Is:

1. Answer Contractor Questions (see attachment: 20B0021_QandA's)

2. Incorporate FAR Clause 52.217-4 Evaluation of Options Exercised at Time of Contract Award (June 1988) into Section M of the Solicitation.

3. Incorporate FAR Clause 52.217-5 Evaluation of Options (July 1990) into Section M of the solicitation.

4. Section F - Deliveries or Performance: Change FAR 52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984), (c), From: ...

215 calendar days after notice to proceed, TO: ...180 calendar days after notice to proceed.

5. Section I - Contract Clauses - Add FAR Clause 52.217-9 Option to Extend the Term of the Contract in full text.

6. Incorporate most recent Davis Bacon Wage Determination, #WD FL20200001 (04Sep2020).

7. Contractor must acknowledge all amendments in Box 19 of the SF 1442, and block 8 and 15 of the SF 30. All other Solicitation details remain unchanged.

Section F - Deliveries or Performance

Miscellaneous text in this section has been modified to:

CLAUSES INCORPORATED BY REFERENCE

52.211-13--Time Extensions. 2000-09 52.211-18--Variation in Estimated Quantity. 1984-04 52.242-14--Suspension of Work. 1984-04 52.247-34--F.O.B. Destination. 1991-11

CLAUSES INCORPORATED BY FULL TEXT

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 180 calendar days after notice to proceed. The time stated for completion shall include final cleanup of the premises.

(End of clause)

52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $358.63 for the first calendar day of delay and $282.01 for each calendar day of delay thereafter until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(End of clause)

Section I - Contract Clauses

FA252120B00210002

Miscellaneous text in this section has been modified to:

CLAUSES INCORPORATED BY REFERENCE

52.202-1--Definitions. 2020-06 52.203-3--Gratuities. 1984-04 52.203-5--Covenant Against Contingent Fees. 2014-05 52.203-6--Restrictions on Subcontractor Sales to the Government. 2020-06 52.203-7--Anti-Kickback Procedures. 2020-06 52.203-8--Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. 2014-05 52.203-10--Price or Fee Adjustment for Illegal or Improper Activity. 2014-05 52.203-12--Limitation on Payments to Influence Certain Federal Transactions. 2020-06 52.203-17--Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights. 2020-06 52.203-19--Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements. 2017-01 52.204-2 Alt II --Security Requirements - Alternate II. 1984-04 52.204-4--Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. 2011-05 52.204-9--Personal Identity Verification of Contractor Personnel. 2011-05 52.204-10--Reporting Executive Compensation and First-Tier Subcontract Awards. 2020-06 52.204-13--System for Award Management Maintenance. 2018-10 52.204-18--Commercial and Government Entity Code Maintenance 2016-07 52.204-19--Incorporation by Reference of Representations and Certifications. 2014-12 52.204-21--Basic Safeguarding of Covered Contractor Information Systems. 2016-06 52.204-23--Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities. 2018-07 52.209-6--Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. 2020-06 52.209-9--Updates of Publicly Available Information Regarding Responsibility Matters. 2018-10 52.209-10--Prohibition on Contracting with Inverted Domestic Corporations. 2015-11 52.214-26--Audit and Records-Sealed Bidding. 2020-06 52.214-27--Price Reduction for Defective Certified Cost or Pricing Data-Modifications-Sealed Bidding.2020-06 52.214-28--Subcontractor Certified Cost or Pricing Data-Modifications-Sealed Bidding. 2020-06 52.214-29--Order of Precedence-Sealed Bidding. 1986-01 52.219-6--Notice of Total Small Business Set-Aside. (Deviation 2020-O0008) 52.219-8--Utilization of Small Business Concerns. 2018-10 52.219-14--Limitations on Subcontracting. 2020-03 52.219-28--Post-Award Small Business Program Representation 2020-05

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. 2020-03 52.222-1--Notice to the Government of Labor Disputes. 1997-02 52.222-3--Convict Labor 2003-06 52.222-4--Contract Work Hours and Safety Standards - Overtime Compensation. 2018-03 52.222-6--Construction Wage Rate Requirements. 2018-08 52.222-7--Withholding of Funds. 2014-05 52.222-8--Payrolls and Basic Records. 2018-08 52.222-9--Apprentices and Trainees. 2005-07 52.222-10--Compliance with Copeland Act Requirements. 1988-02 52.222-11--Subcontracts (Labor Standards). 2014-05 52.222-12--Contract Termination-Debarment. 2014-05 52.222-13--Compliance with Construction Wage Rate Requirements and Related Regulations. 2014-05 52.222-14--Disputes Concerning Labor Standards. 1988-02 52.222-15--Certification of Eligibility. 2014-05 52.222-21--Prohibition of Segregated Facilities. 2015-04

52.222-23--Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction. 1999-02 52.222-26--Equal Opportunity. 2016-09 52.222-27--Affirmative Action Compliance Requirements for Construction. 2015-04 52.222-35--Equal Opportunity Veterans. 2020-05 52.222-36--Equal Opportunity for Workers with Disabilities. 2020-05 52.222-37--Employment Reports on Veterans. 2020-06 52.222-40--Notification of Employee Rights Under the National Labor Relations Act. 2010-12 52.222-50--Combating Trafficking in Persons. 2019-01 52.222-54--Employment Eligibility Verification. 2015-10 52.222-55--Minimum Wages Under Executive Order 13658. 2015-12 52.222-62--Paid Sick Leave Under Executive Order 13706. 2017-01 52.223-1--Biobased Product Certification. 2012-05 52.223-2--Affirmative Procurement of Biobased Products Under Service and Construction Contracts. 2013-09 52.223-3--Hazardous Material Identification and Material Safety Data 1997-01 52.223-5--Pollution Prevention and Right-to-Know Information. 2011-05 52.223-6--Drug-Free Workplace. 2001-05 52.223-9--Estimate of Percentage of Recovered Material Content for EPA-Designated Item.s 2008-05 52.223-15--Energy Efficiency in Energy-Consuming Products. 2020-05 52.223-17--Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts. 2018-08 52.223-18--Encouraging Contractor Policies to Ban Text Messaging While Driving. 2020-06 52.223-21--Foams 2016-06 52.225-13--Restrictions on Certain Foreign Purchases. 2008-06 52.227-1--Authorization and Consent. 2020-06 52.227-4 Patent Indemnity-Construction Contracts. 2007-12 52.228-2--Additional Bond Security. 1997-10 52.228-5--Insurance-Work on a Government Installation. 1997-01 52.228-11--Pledges of Assets. Deviation 2020-O0016 52.228-12--Prospective Subcontractor Requests for Bonds. 2014-05 52.228-14--Irrevocable Letter of Credit. 2014-11 52.228-15 Performance and Payment Bonds--Construction. 2020-06 52.229-3--Federal, State, and Local Taxes. 2013-02 52.232-5--Payments under Fixed-Price Construction Contracts. 2014-05 52.232-17--Interest. 2014-05 52.232-23--Assignment of Claims. 2014-05 52.232-27--Prompt Payment for Construction Contracts. 2017-01 52.232-33--Payment by Electronic Funds Transfer-System for Award Management. 2018-10 52.232-39--Unenforceability of Unauthorized Obligations. 2013-06 52.232-40--Providing Accelerated Payments to Small Business Subcontractors. 2013-12 52.233-1--Disputes. 2014-05 52.233-3--Protest after Award. 1996-08 52.233-4--Applicable Law for Breach of Contract Claim. 2004-10 52.236-2--Differing Site Conditions. 1984-04 52.236-3--Site Investigation and Conditions Affecting the Work. 1984-04 52.236-5--Material and Workmanship. 1984-04 52.236-6--Superintendence by the Contractor. 1984-04 52.236-7--Permits and Responsibilities. 1991-11 52.236-8--Other Contracts. 1984-04 52.236-9--Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements. 1984-04 52.236-10--Operations and Storage Areas. 1984-04 52.236-11--Use and Possession Prior to Completion. 1984-04 52.236-12--Cleaning Up. 1984-04 52.236-13--Accident Prevention. 1991-11

52.236-14--Availability and Use of Utility Services. 1984-04 52.236-15--Schedules for Construction Contracts. 1984-04 52.236-17--Layout of Work. 1984-04 52.236-21--Specifications and Drawings for Construction. 1997-02 52.236-21--Alt I--Specifications and Drawings for Construction. 1984-04 52.236-26--Preconstruction Conference. 1995-02 52.242-13--Bankruptcy. 1995-07 52.243-4--Changes. 2007-06 52.246-21 --Warranty of Construction. 1994-03 52.244-6 Subcontracts for Commercial Items. 2020-06 52.248-3--Value Engineering-Construction. 2015-10 52.249-2 Alt I--Termination for Convenience of the Government (Fixed-Price). 1996-09 52.249-10--Default (Fixed-Price Construction). 1984-04 52.253-1--Computer Generated Forms. 1991-01

DFAS CLAUSES INCORPORATED BY REFERENCE

252.203-7000--Requirements Relating to Compensation of Former DoD Officials. 2011-09 252.203-7001--Prohibitions on Persons Convicted of Fraud or Other Defense-Contract-Related Felonies 2008- 252.203-7002--Requirement to Inform Employees of Whistleblower Rights. 2013-09 252.203-7003--Agency Office of the Inspector General. 2019-08 252.204-7003--Control of Government Personnel Work Product. 1992-04 252.204-7004 --DoD Antiterrorism Awareness Training for Contractors. 2019-02 FEB 2019 252.204-7008--Compliance with Safeguarding Covered Defense Information Controls. 2016-10 252.204-7012--Safeguarding Covered Defense Information and Cyber Incident Reporting. 2019-12 252.204-7015--Notice of Authorized Disclosure of Information for Litigation Support. 2016-05 252.205-7000--Provision of Information to Cooperative Agreement Holders. 1991-12 252.204-7018--Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.

2019-12 252.205-7000--Provision of Information to Cooperative Agreement Holders. 1991-12 252.208-7000, Intent to Furnish Precious Metals as Government-Furnished Material, 1991-12 252.209-7004--Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism. 2019-05 252.223-7004--Drug Free Work Force. 1988-09 252.223-7006--Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials. 2014-09 252.223-7008--Prohibition of Hexavalent Chromium. 2013-06 252.225-7001 Buy American and Balance of Payments Program DEC 2017 252.225-7012--Preference for Certain Domestic Commodities. 2017-12 252.225-7048--Export-Controlled Items. 2013-06 252.227-7033--Rights in Shop Drawings. 1966-04 252.232-7003--Electronic Submission of Payment Requests and Receiving Reports. 2018-12 252.232-7004--DOD Progress Payment Rates 2014-10 252.232-7010--Levies on Contract Payments. 2006-12 252.236-7000--Modification Proposals-Price Breakdown. 1991-12 252.236-7001--Contract Drawings, and Specifications . 2000-08 252.236-7005--Airfield Safety Precautions. 1991-12 252.243-7001--Pricing of Contract Modifications. 1991-12 252.243-7002--Requests for Equitable Adjustment. 2012-12 252.244-7000--Subcontracts for Commercial Items. 2013-06 252.245-7000--Government-Furnished Mapping, Charting, and Geodesy Property. 2012-04 2252.246-7004--Safety of Facilities, Infrastructure, and Equipment for Military Operations, 2010-10 252.247-7023--Transportation of Supplies by Sea -Basic. 2014-04

AFFARS CLAUSES INCORPORATED BY REFERENCE

5352.223-9000--Elimination of Use of Class I Ozone Depleting Substance (ODS). 2019-10

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment AUG 2020 As prescribed in 4.2105(a), insert the following provision:

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 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- 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 telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. 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.

(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) Representations. The Offeror represents that--

(1) 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. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that-- It [] does, [] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)

(2) of this section.

(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

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

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) 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);

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

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

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment AUG 2020 (a) 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).

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.

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub.

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

(End of Clause)

52.217-9 Option to Extend the Term of the Contract (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 14 days;

provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 240 days.

(End of clause)

52.225-9 BUY AMERICAN--CONSTRUCTION MATERIALS (MAY 2014)

(a) Definitions. As used in this clause-- Commercially available off-the-shelf (COTS) item--

(1) Means any item of supply (including construction material) that is--

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4) such as agricultural products and petroleum products.

Component means an article, material, or supply incorporated directly into a construction material.

Construction material means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site.

Materials purchased directly by the Government are supplies, not construction material.

Cost of components means--

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

Domestic construction material means--

(1) An unmanufactured construction material mined or produced in the United States;

(2) A construction material manufactured in the United States, if--

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

Foreign construction material means a construction material other than a domestic construction material.

United States means the 50 States, the District of Columbia, and outlying areas.

(b) Domestic preference.

(1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American Statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows:

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American Act is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American Act to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American Act. (1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including--

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison Construction material description Unit of measure Quantity Price(dollars) \1\ Item 1 Foreign construction material.... ........... ___ ........ ....... .......... ___ ......................... ___ Domestic construction material... ......... ___ ............................. ___ ......................... ___ Item 2 Foreign construction material.... .......... ___ ............. ....... ....... ___ ............... ......... ___ Domestic construction material... ........ ___ ................ ............. ___ ................. ....... ___ Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).

List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.

Include other applicable supporting information.

(End of clause)

52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT--CONSTRUCTION MATERIALS (MAY 2014)

(a) Definitions. "Commercially available off-the-shelf (COTS) item," "construction material," "domestic construction material," and "foreign construction material," as used in this provision, are defined in the clause of this solicitation entitled "Buy American --Construction Materials" (Federal Acquisition Regulation (FAR) clause 52.225-9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers.

(1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested--

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

(End of provision)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/content/regulations (End of clause)

52.252-4 Alterations in Contract (Apr 1984) Portions of this contract are altered as follows:

(End of clause)

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

(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 Defense Federal Acquisition Regulation (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of clause)

AFFARS Clauses Incorporated by Full Text

5352.201-9101 Ombudsman OCT 2019

(a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes.

The ombudsman may refer the interested party to another official who can resolve the concern. (b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and /or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMB Circular A-76 competition performance decisions).

(c) If resolution cannot be made by the contracting officer, the interested party may contact the ombudsman, USSF (United States Space Force) acquisitions (excluding SMC acquisitions) please contact the Director of

Contracts, Air Force Installation Contracting Center, Operating Location - Space (AFICC/KS OL-SPC) via the following e-mail workflow address: afica.ks.wf@us.af.mil. Concerns, issues, disagreements, and recommendations that cannot be resolved at the Center/MAJCOM/DRU/SMC ombudsman level, may be brought by the interested party for further consideration to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, phone number (571) 256-2395, facsimile number (571) 256-2431.

(d) The ombudsman has no authority to render a decision that binds the agency.

(e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the contracting officer. (End of clause)

5352.223-9000 Elimination of Use of Class I Ozone Depleting Substances (ODS) (OCT 2019)

(a) Contractors shall not:

(1) Provide any service or product with any specification, standard, drawing, or other document that requires the use of a Class I ODS in the test, operation, or maintenance of any system, subsystem, item, component, or process; or

(2) Provide any specification, standard, drawing, or other document that establishes a test, operation, or maintenance requirement that can only be met by use of a Class I ODS as part of this contract/order.

[Note: This prohibition does not apply to manufacturing.]

(b) For the purposes of Air Force policy, the following products that are pure (i.e., they meet the relevant product specification identified in AFI 32-7086) are Class I ODSs:

(1) Halons: 1011, 1202, 1211, 1301, and 2402;

(2) Chlorofluorocarbons (CFCs): CFC-11, CFC-12, CFC-13, CFC-111, CFC-112, CFC-113, CFC-114, CFC-115, CFC-211, CFC-212, CFC-213, CFC-214, CFC-215, CFC-216, and CFC-217, and the blends R-500, R-501, R-502, and R-503; and

(3) Carbon Tetrachloride, Methyl Chloroform, and Methyl Bromide.

[NOTE: Material that uses one or more of these Class I ODSs as minor constituents do not meet the Air Force definition of a Class I ODS.] (End of clause)

5352.223-9001 Health and Safety on Government Installations (Oct 2019)

(a) In performing work under this contract on a Government installation, the contractor shall:

(1) Take all reasonable steps and precautions to prevent accidents and preserve the health and safety of contractor and Government personnel performing or in any way coming in contact with the performance of this contract; and (2) Take such additional immediate precautions as the contracting officer may reasonably require for health and safety purposes.

(b) The contracting officer may, by written order, direct Air Force Occupational Safety and Health (AFOSH) Standards and/or health/safety standards as may be required in the performance of this contract and any adjustments resulting from such direction will be in accordance with the Changes clause of this contract.

(c) Any violation of these health and safety rules and requirements, unless promptly corrected as directed by the contracting officer, shall be grounds for termination of this contract in accordance with the Default clause of this contract.

(End of clause)

5352.242-9000 CONTRACTOR ACCESS TO AIR FORCE INSTALLATIONS (OCT 2019)

(a) The contractor shall obtain base identification and vehicle passes, if required, for all contractor personnel who make frequent visits to or perform work on the Air Force installation(s) cited in the contract. Contractor personnel are required to wear or prominently display installation identification badges or contractorfurnished, contractor identification badges while visiting or performing work on the installation.

b) The contractor shall submit a written request on company letterhead to the contracting officer listing the following: contract number, location of work site, start and stop dates, and names of employees and subcontractor employees needing access to the base. The letter will also specify the individual(s) authorized to sign for a request for base identification credentials or vehicle passes. The contracting officer will endorse the request and forward to the issuing base pass and registration office or Security Forces for processing.

When reporting to the registration office, the authorized contractor individual(s) should provide a valid, REAL ID-compliant driver's license (will be marked with a star on the upper right corner) or other accepted government-issued photo identification (e.g., U.S. Passport, U.S. Passport Card, Permanent Resident Alien Card, or other acceptable I dentification card issued by federal, state, or local government agencies), current vehicle registration, and valid vehicle insurance certificate to obtain a vehicle pass. Questions can be addressed to the Patrick AFB Visitor's Center at 321-494-0427, or to the Cape Canaveral Air Force Station Visitor's Center at 321-853-5261

(c) During performance of the contract, the contractor shall be responsible for obtaining required identification for newly assigned personnel and for prompt return of credentials and vehicle passes for any employee who no longer requires access to the work site.

(d) When work under this contract requires unescorted entry to controlled or restricted areas, the contractor shall comply with AFI 31-101, Integrated Defense para 7.2 and 7.15 and 45 Space Wing Integrated Defense Plan 31-1, Annex C to Appendix 6 and 7. At a minimum, Tier-1 investigations is required for unescorted entry into restricted areas and to obtain AF Form 1199, Air Force Entry Control Card (Restricted Area Badge). Contractors requiring unescorted entry into controlled areas will require a background investigation with the 45 SFS Visitor Control Centers and coordination with the servicing unit's Controlled Area Monitor for EAL placement

(e) Upon completion or termination of the contract or expiration of the identification passes, the prime contractor shall ensure that all base identification passes issued to employees and subcontractor employees are returned to the Issuing office.

(f) Failure to comply with these requirements may result in withholding of final payment.

2. CONTRACTOR ACCESS TO AIR FORCE INSTALLATIONS - ADDITIONAL REQUIREMENTS

(Jun 2020)

(a) Contractors must have an approved request letter on file at Security Forces with employees name and the required data.

(b) Subcontracts: The contractor shall include this Special Contract Requirement in subcontracts of any tier.

(c) Unescorted Access to Installations:

(1) To request access to Patrick AFB and Cape Canaveral AFS, prior to their proposed business or contract requirements, all contractor personnel shall provide a current completed "45th Security Forces Credential Request Form".

(2) Contractor personnel must complete and sign the applicable form cited above before the required background check (see d. and e. below) can be performed.

(d) All personnel entering Patrick AFB and Cape Canaveral AFS must provide two forms of identification (one must be a photo ID) and have a background check.

(1) For unescorted entry into non-restricted areas of the installations, personnel must obtain, from AF security personnel, favorable National Criminal Information Center (NCIC) check, and have complete social security employment verifications prior to being issued badges (to include temporary passes.

(2) Prior to being issued restricted area badges for unescorted entry into restricted areas of the installations, U.S.

citizens working as contractor employees must obtain a favorable National Agency Check (NAC).

(3) All required information shall be provided to support background checks, and citizenship verification (i.e., birth certificate, passport, voter registration card, resident alien card, or certificate of naturalization).

(e) Escorted Access-Temporary Passes: Personnel may receive a temporary pass, Air Force Form 75/Visitor and Vehicle Pass, for no more than 30 total days in one 365 day period. This pass is issued without a criminal background check, but requires a Wants & Warrants check. Persons with temporary passes receive escorted access rights only, i. e.; they must be escorted at all times by an escort official.

Escorted personnel must be with their escort official (the escort official must be in plain view) a t all times while on the installation.

f) Personnel Background Checks

(1) The 45th Security Forces Visitor Control Centers will conduct the background check at no cost to the applicant. Refusal to submit to the background check will result in denial of access. Applicants shall be denied Installation access based on an arrest and/or criminal record per the 45th SW Installation Access Policy.

(2) Individuals who do not meet the criteria for unescorted base access may still be granted escorted access on a case-by-case basis. The determination will be made based on the results of the background investigation, totality of the criminal record and the types of crime reported.

(3) For the purposes of this policy, convictions are considered to include the following: Guilty verdicts or a Nolo Contendere plea, disposition of cases resulting in deferred adjudication or pretrial diversion and expunged offenses resulting in convictions of crimes per the 45th SW Installation Access Policy.

(4) Contractors should allow 14 days for background checks to be finalized. The contractor should provide the required form (see c. above) for each of its personnel to the government 14 days before the contract start date whenever possible. Background checks cannot be performed from only a list of names.

(g) The Government will not be held responsible for contractual impacts or delays caused by the contractor's failure to take prompt action in providing the required information and documentation to obtain access to Patrick AFB and Cape Canaveral AFS.

(End of clause)

Section J - List of Attachments

Miscellaneous text in this section has been modified to:

Added-Deleted Sections and Subparts of Revised Specifications...2 pgs Revised Tech Specifications_Attach_1_dated_25AUG2020...586 pgs Revised Drawings_Attach_2_Plot_dated_24AUG2020...59 pgs Attach 3- Questions Template - 1 pg.

Attach 4- CECC Form 3052 Attach 5- Green Procurement Form - 4 pgs.

Attach 6- DB WD FL20200001 04Sep2020 -8 pgs.

Attach 7- Badge Request 45 SFS Form V11 - 2 pgs

Section M - Evaluation Factors for Award

Miscellaneous text in this section has been modified to:

52.217-4--Evaluation of Options Exercised at the Time of Award. 1998-06 52.217-5--Evaluation of Options. 1990-07

BASIS…