SF 1442 Solicitation Amendment FA2860-20-R-0005 0002.pdf

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Attached to
Joint Base Andrews (JBA) and Joint Base Anacostia Bolling (JBAB) Simplified Acquisition of Base Engineering Requirements (SABER)
Solicitation number
FA286020R0005
Issued by

About this file

This document is a pre-solicitation notice for a Simplified Acquisition of Base Engineering Requirements (SABER) contract at Joint Base Andrews and Joint Base Anacostia Bolling. The Air Force District of Washington will solicit offers for an Indefinite Delivery Indefinite Quantity contract with a five-year base period and two one-year options. The work includes a wide range of construction tasks such as carpentry, road and parking lot repair, roofing, excavating, electrical, plumbing, and other services. The contract has a minimum value of $2,000 and maximum of $250 million. This is an 8(a) competitive set-aside limited to firms with offices in the Mid-Atlantic region. Offerors must show bonding capability up to $1 million for single projects and $30 million in aggregate. The solicitation will post on January 27, 2020 to the SAM website. Evaluation criteria include technical acceptability, past performance, and price coefficients.

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Other files

File Type Posted
SF 1442 Solicitation Amendment - FA2860-20-R-0005 0003.pdf PDF
Attachment 20_Revised3 - Section M Evaluation Criteria For Award.pdf PDF
SF 30 Solicitation Amendment FA286020-R-0005 0003.pdf PDF
Attachment 15_Revised2 Section L Instructions Conditions and Notices to Bidders.pdf PDF
Attachment 14_Revised2 Section C SABER SOW.pdf PDF
Attachment 20_Revised2 - Section M Evaluation Criteria For Award.pdf PDF
Attachment 11_Revised2 JBA Demonstration Seed Project.pdf PDF
SF 30 Solicitation Amendment FA2860-20-R-0005 0002.pdf PDF
FA286020R0005 Clarification Questions to QandAs dated 14 Apr 2020.pdf PDF
Attachment 14_Revised Section C SABER SOW.pdf PDF
Attachment 23_ As Built As Circa 1990_Seed Project.pdf PDF
SF 30 Solicitation Amendment FA2860-20-R- 0005 0001.pdf PDF
Attachment 11_Revised JBA Demonstration Seed Project.pdf PDF
Attachment 25_Seed Project Monaco Annunciator Panel Pictures and Fire Alarm Inspection Record.pdf PDF
SF 1442 Solicitation Amendment - FA2860-20-R-0005 0001.pdf PDF
Attachment 22_ As Built As Circa 1990_Seed Project.pdf PDF
Attachment 24_JB Andrews Fire Protection Standards - Jan 2020.pdf PDF
Attachment 20_Revised Section M Evaluation Criteria For Award.pdf PDF
Attachment 15_Revised Section L - Instructions Conditions and Notices to Bidders.pdf PDF
FA286020R0005 QandA _SABER_Final 14 Apr 2020.docx DOCX document
Attachment 21 FA286020R0005 SABER Site Visit Minutes.pdf PDF
Attachment 7_Wage Determination MD20200066 PG Residential.pdf PDF
Attachment 8_Wage Determination MD20200039 AA Building.pdf PDF
Attachment 17_Present Past Performance Questionnaire (PPPQ) Cover Letter.pdf PDF
Attachment 16_Present Past Performance Information PPI.pdf PDF
Attachment 12_Section B Bid Schedule.pdf PDF
Attachment 20_Section M Evaluation Criteria For Award.pdf PDF
Attachment 5_Wage Determination MD20200021 PG Heavy.pdf PDF
Attachment 4_Wage Determination MD20200044 PG Building.pdf PDF
Attachment 6_Wage Determination MD20200074 PG Highway.pdf PDF
Attachment 19_Subcontractor Teaming Partner Consent Letter.pdf PDF
Attachment 1_Wage Determination DC20200002 Building.pdf PDF
Attachment 2_Wage Determination DC20200001 Heavy and Highway.pdf PDF
Attachment 14_Section C SABER SOW.pdf PDF
Attachment 15 Section L - Instructions, Conditions and Notices to Bidders.pdf PDF
Attachment 10_Wage Determination MD20200046 AA Highway.pdf PDF
Attachment 9_Wage Determination MD20200012 AA Heavy.pdf PDF
Attachment 3_Wage Determination DC20200003 Residential.pdf PDF
JBA-JBAB SABER Solicitation FA286020R0005.pdf PDF
Attachment 18_Present Past Performance Questionnaire.pdf PDF
Attachment 13_Price Evaluation Worksheet.xlsx XLSX spreadsheet
Attachment 11 JBA Demonstration Seed Project.pdf PDF
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IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NUMBER 5. REQUISITION/PURCHASE REQUEST NUMBER 6. PROJECT NUMBER

7. ISSUED BY CODE 8. ADDRESS OFFER TO

9. FOR INFORMATION

CALL:

a. NAME b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

SOLICITATION

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid and "bidder".

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)

11. The contractor shall begin performance within calendar days and complete it within calendar days after receiving award, notice to proceed. This performance period is mandatory negotiable. (See ).

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and copies to perform the work required are due at the place specified in Item 8 by (hour) local time (date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

b. An offer guarantee is, is not required.

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

d. Offers providing less than calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

STANDARD FORM 1442 (REV. 8/2014)

Prescribed by GSA - FAR (48 CFR) 53.236-1(d)

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES", indicate within how many calendar days after award in Item 12b.)

12b. CALENDAR DAYS

YES NO

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NUMBER 2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED PAGE OF PAGES

AMOUNTS

OFFER (Must be fully completed by offeror)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NUMBER (Include area code)

16. REMITTANCE ADDRESS (Include only if different than Item 14.)

CODE FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT

NUMBER

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE

21. ITEMS ACCEPTED:

AWARD (To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)

31a. NAME OF CONTRACTING OFFICER (Type or print)

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA

BY

31c. DATE

STANDARD FORM 1442 (REV. 8/2014) BACK

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) ( ) 41 U.S.C. 3304(a) ( )

26. ADMINISTERED BY 27. PAYMENT WILL BE MADE BY

FA286020R00050002

Section A - Solicitation/Contract Form

Section B - Supplies or Services and Prices/Cost

Additional Information/Notes

Coefficients: Offeror shall insert proposed coefficient rates for all CLINs in the bid schedule (Attachment 12).

Coefficients provide for CLINS shall remain constant and in effect for the life of the contract.

FOB: Destination Firm-Fixed Price

Item Supplies/Service Quantity Unit Unit Price Amount

Provide a broad range of maintenance, repair, and minor construction work on real property at Joint Base Andrews (JBA) and its mission partner sites Davidsonville, Brandywine, the Air Force Memorial, Joint Base Anacostia Bolling (JBAB) and its tenant sites. The contractor shall provide all facilities, material, labor, equipment, environmental controls, transportation and supervision necessary to perform the SABER program requirements. The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated below.

Product Service Code: C1JZ Firm Fixed Price

CONTRACT MINIMUM/MAXIMUM

QUANTITY AND CONTRACT VALUE

The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated below. MINIMUM

QUANTITY: 1 MINIMUM AMOUNT

$2,000.00 MAXIMUM QUANTITY: N/A

MAXIMUM AMOUNT: $111,700,000.00

TASK ORDER MINIMUM/MAXIMUM

QUANTITY AND ORDER VALUE The minimum quantity and order value for each task order issued shall not be less than the minimum quantity and order value stated below. The maximum quantity and order value for each task order issued shall not exceed the maximum quantity and order value stated below. MINIMUM

QUANTITY: 1 MINIMUM AMOUNT

$2,000.00 MAXIMUM QUANTITY: N/A

MAXIMUM AMOUNT: $700,000.00

Lot

Provide a broad range of maintenance, repair, and minor construction work on real property at Joint Base Andrews (JBA) and its mission partner sites Davidsonville, Brandywine, the Air Force Memorial, Joint Base Anacostia Bolling (JBAB) and its tenant sites. The contractor shall provide all facilities, material, labor, equipment, environmental controls, transportation and supervision necessary to perform the SABER program requirements.

Product Service Code: C1JZ Firm Fixed Price

CONTRACT MINIMUM/MAXIMUM

Option Line Item

QUANTITY AND CONTRACT VALUE

The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated below. MINIMUM

QUANTITY: 1 MINIMUM AMOUNT

$2,000.00 MAXIMUM QUANTITY: N/A

MAXIMUM AMOUNT: $111,700,000.00

TASK ORDER MINIMUM/MAXIMUM

QUANTITY AND ORDER VALUE The minimum quantity and order value for each task order issued shall not be less than the minimum quantity and order value stated below. The maximum quantity and order value for each task order issued shall not exceed the maximum quantity and order value stated below. MINIMUM

QUANTITY: 1 MINIMUM AMOUNT

$2,000.00 MAXIMUM QUANTITY: N/A

MAXIMUM AMOUNT: $700,000.00

Lot

Option Line Item

Provide a broad range of maintenance, repair, and minor construction work on real property at Joint Base Andrews (JBA) and its mission partner sites Davidsonville, Brandywine, the Air Force Memorial, Joint Base Anacostia Bolling (JBAB) and its tenant sites. The contractor shall provide all facilities, material, labor, equipment, environmental controls, transportation and supervision necessary to perform the SABER program requirements.

Product Service Code: C1JZ Firm Fixed Price

CONTRACT MINIMUM/MAXIMUM

QUANTITY AND CONTRACT VALUE

The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated below. MINIMUM

QUANTITY: 1 MINIMUM AMOUNT

$2,000.00 MAXIMUM QUANTITY: N/A

MAXIMUM AMOUNT: $111,700,000.00

TASK ORDER MINIMUM/MAXIMUM

QUANTITY AND ORDER VALUE The minimum quantity and order value for each task order issued shall not be less than the minimum quantity and order value stated below. The maximum quantity and order value for each task order issued shall not exceed the maximum quantity and order value stated below. MINIMUM

QUANTITY: 1 MINIMUM AMOUNT

$2,000.00 MAXIMUM QUANTITY: N/A

MAXIMUM AMOUNT: $700,000.00

Lot

Section C - Description/Specifications/Statement of Work

Requirements See Attachment 14_ Revised2 Statement of Work and Technical Exhibits

Section D - Packaging and Marking

Solicitation FA2860-20-R-0005 will not include any Clauses or Information in Section D - Packaging and Marking

Section E - Inspection and Acceptance

FAR Clauses Incorporated by Reference

Number Title Effective Date 52.246-12 Inspection of Construction. 1996-08 52.246-13 Inspection-Dismantling, Demolition, or Removal of Improvements. 1996-08

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.245-7001 Tagging, Labeling, and Marking of Government-Furnished Property. 2012-04

0001 Inspection and Acceptance Location Both Destination Instructions: Inspect/Accept at Destination

DoDAAC: F1D326 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

11 CES CEP

3710 FETCHET AVE

AF BPN NO MILSBILLS PROCESSES

ANDREWS AFB, MD 20762 4803

United States

OfficeCode:

Kirk Kessler Telephone: 301-981-1121 Email: kirk.k.kessler.civ@mail.mil

Option Line Item 1001 Inspection and Acceptance Location Both Destination Instructions: Inspect/Accept at Destination

DoDAAC: F1D326 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

11 CES CEP

3710 FETCHET AVE

AF BPN NO MILSBILLS PROCESSES

ANDREWS AFB, MD 20762 4803

United States

OfficeCode:

Kirk Kessler

Telephone: 301-981-1121 Email: kirk.k.kessler.civ@mail.mil

Option Line Item 2001 Inspection and Acceptance Location Both Destination Instructions: Inspect/Accept at Destination

DoDAAC: F1D326 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

11 CES CEP

3710 FETCHET AVE

AF BPN NO MILSBILLS PROCESSES

ANDREWS AFB, MD 20762 4803

United States

OfficeCode:

Kirk Kessler Email: kirk.k.kessler.civ@mail.mil Telephone: 301-981-1121

Section F - Deliveries or Performance

CLAUSES INCORPORATED BY REFERENCE

52.247-34 F.O.B. Destination NOV 1991

Delivery Schedule

Period of Performance From

23 SEP 2020

To

22 MAY 2025

Option Line Item 1001 Delivery Schedule

Period of Performance From

23 MAY 2025

To

22 MAY 2026

Option Line Item 2001 Delivery Schedule

Period of Performance From

23 MAY 2026

To

22 MAY 2027

FAR Clauses Incorporated by Reference

Number Title Effective Date 52.211-18 Variation in Estimated Quantity. 1984-04 52.242-15 Stop-Work Order. 1989-08

DFARS Clauses Incorporated by Full Text

252.247-7023 Transportation of Supplies by Sea. 2019-02

Basic. As prescribed in 247.574(b) and (b)(1), use the following clause:

TRANSPORTATION OF SUPPLIES BY SEABASIC (FEB 2019)

(a) Definitions. As used in this clause Components means articles, materials, and supplies incorporated directly into end products at any level of manufacture, fabrication, or assembly by the Contractor or any subcontractor.

Department of Defense (DoD) means the Army, Navy, Air Force, Marine Corps, and defense agencies.

Foreign-flag vessel means any vessel that is not a U.S.-flag vessel.

Ocean transportation means any transportation aboard a ship, vessel, boat, barge, or ferry through international waters.

Subcontractor means a supplier, materialman, distributor, or vendor at any level below the prime contractor whose contractual obligation to perform results from, or is conditioned upon, award of the prime contract and who is performing any part of the work or other requirement of the prime contract.

Supplies means all property, except land and interests in land, that is clearly identifiable for eventual use by or owned by the DoD at the time of transportation by sea.

(i) An item is clearly identifiable for eventual use by the DoD if, for example, the contract documentation contains a reference to a DoD contract number or a military destination.

(ii) Supplies includes (but is not limited to) public works; buildings and facilities; ships; floating equipment and vessels of every character, type, and description, with parts, subassemblies, accessories, and equipment; machine tools; material; equipment; stores of all kinds; end items; construction materials; and components of the foregoing.

U.S.-flag vessel means a vessel of the United States or belonging to the United States, including any vessel registered or having national status under the laws of the United States.

(b)(1) The Contractor shall use U.S.-flag vessels when transporting any supplies by sea under this contract.

(2) A subcontractor transporting supplies by sea under this contract shall use U.S.-flag vessels if

(i) This contract is a construction contract; or

(ii) The supplies being transported are

(A) Noncommercial items; or

(B) Commercial items that

(1) The Contractor is reselling or distributing to the Government without adding value (generally, the Contractor does not add value to items that it subcontracts for f.o.b. destination shipment);

(2) Are shipped in direct support of U.S. military contingency operations, exercises, or forces deployed in humanitarian or peacekeeping operations;

or

(3) Are commissary or exchange cargoes transported outside of the Defense Transportation System in accordance with 10 U.S.C. 2643.

(c) The Contractor and its subcontractors may request that the Contracting Officer authorize shipment in foreign-flag vessels, or designate available U.S.-flag vessels, if the Contractor or a subcontractor believes that

(1) U.S.-flag vessels are not available for timely shipment;

(2) The freight charges are inordinately excessive or unreasonable; or

(3) Freight charges are higher than charges to private persons for transportation of like goods.

(d) The Contractor must submit any request for use of foreign-flag vessels in writing to the Contracting Officer at least 45 days prior to the sailing date necessary to meet its delivery schedules. The Contracting Officer will process requests submitted after such date(s) as expeditiously as possible, but the Contracting Officer's failure to grant approvals to meet the shipper's sailing date will not of itself constitute a compensable delay under this or any other clause of this contract. Requests shall contain at a minimum

(1) Type, weight, and cube of cargo;

(2) Required shipping date;

(3) Special handling and discharge requirements;

(4) Loading and discharge points;

(5) Name of shipper and consignee;

(6) Prime contract number; and

(7) A documented description of efforts made to secure U.S.-flag vessels, including points of contact (with names and telephone numbers) with at least two U.S.-flag carriers contacted. Copies of telephone notes, telegraphic and facsimile message or letters will be sufficient for this purpose.

(e) The Contractor shall, within 30 days after each shipment covered by this clause, provide the Contracting Officer and the Maritime Administration, Office of Cargo Preference, U.S. Department of Transportation, 400 Seventh Street SW, Washington, DC 20590, one copy of the rated on board vessel operating carrier's ocean bill of lading, which shall contain the following information:

(1) Prime contract number;

(2) Name of vessel;

(3) Vessel flag of registry;

(4) Date of loading;

(5) Port of loading;

(6) Port of final discharge;

(7) Description of commodity;

(8) Gross weight in pounds and cubic feet if available;

(9) Total ocean freight in U.S. dollars; and

(10) Name of steamship company.

(f) If this contract exceeds the simplified acquisition threshold, the Contractor shall provide with its final invoice under this contract a representation that to the best of its knowledge and belief

(1) No ocean transportation was used in the performance of this contract;

(2) Ocean transportation was used and only U.S.-flag vessels were used for all ocean shipments under the contract;

(3) Ocean transportation was used, and the Contractor had the written consent of the Contracting Officer for all foreign-flag ocean transportation; or

(4) Ocean transportation was used and some or all of the shipments were made on foreign-flag vessels without the written consent of the Contracting Officer. The Contractor shall describe these shipments in the following format:

| || ITEM DESCRIPTION || CONTRACT LINE ITEMS || QUANTITY |

| TOTAL || ____ || ____ || ____ |

(g) If this contract exceeds the simplified acquisition threshold and the final invoice does not include the required representation, the Government will reject and return it to the Contractor as an improper invoice for the purposes of the Prompt Payment clause of this contract. In the event there has been unauthorized use of foreign-flag vessels in the performance of this contract, the Contracting Officer is entitled to equitably adjust the contract, based on the unauthorized use.

(h) If the Contractor indicated in response to the solicitation provision, Representation of Extent of Transportation by Sea, that it did not anticipate transporting by sea any supplies; however, after the award of this contract, the Contractor learns that supplies will be transported by sea, the Contractor shall

(1) Notify the Contracting Officer of that fact; and

(2) Comply with all the terms and conditions of this clause.

(i) In the award of subcontracts, for the types of supplies described in paragraph (b)(2) of this clause, including subcontracts for commercial items, the Contractor shall flow down the requirements of this clause as follows:

(1) The Contractor shall insert the substance of this clause, including this paragraph (i), in subcontracts that exceed the simplified acquisition threshold in part 2 of the Federal Acquisition Regulation.

(2) The Contractor shall insert the substance of paragraphs (a) through (e) of this clause, and this paragraph (i), in subcontracts that are at or below the simplified acquisition threshold in part 2 of the Federal Acquisition Regulation.

(End of clause)

Section G - Contract Administration Data

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.201-7000 Contracting Officer's Representative 1991-12 252.204-7006 Billing Instructions. 2005-10 252.231-7000 Supplemental Cost Principles 1991-12 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. 2018-12 252.236-7000 Modification Proposals--Price Breakdown 1991-12

DFARS Clauses Incorporated by Full Text

252.232-7006 Wide Area WorkFlow Payment Instructions. 2018-12

As prescribed in 232.7004(b), use the following clause:

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

(a) Definitions. As used in this clause- Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization.

Document type means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to the entitlement system.

Payment request and receiving report are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall-

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the Web Based Training link on the WAWF home page at https://wawf.eb.mil/

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

AF Forms 3064 and 3065 Invoice / AIA Application for Payment

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

Invoice 2in1

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial item financing, submit a commercial item financing request.

(2) ) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

(f) [Note: The Contractor may use a WAWF combo document type to create some combinations of invoice and receiving report in one step.]

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

| Field Name in WAWF || Data to be entered in WAWF | | Pay Official DoDAAC ||F67100| | Issue By DoDAAC ||FA2860| | Admin DoDAAC || FA2860 |

| Inspect By DoDAAC || F1D326 | | Ship To Code || F1D326| | Ship From Code || ____ | | Mark For Code || ____ | | Service Approver (DoDAAC) || | | Service Acceptor (DoDAAC) || F1D326| | Accept at Other DoDAAC || ____ | | LPO DoDAAC || F1D290 | | DCAA Auditor DoDAAC || ____ | | Other DoDAAC(s) || ____ |

*WAWF INFO ABOVE MAY DIFFER ON INDIVIDUAL TASK ORDER

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

(g) WAWF point of contact.

Kirk Kessler kirk.k.kessler.civ@mail.mil

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activitys WAWF point of contact.

Lisa Pizarro lisa.pizarro.1@us.af.mil John Barr john.m.barr1.civ@mail.mil Sharon Novak sharon.m.novak.civ@mail.mil

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

TBD at task order level.

Section H - Special Contract Requirements

Section H - Special Contract Requirements General Information Simplified Acquisition of Base Engineering Requirements (SABER)

1. A separate Notice to Proceed (NTP) will be issued on each task order.

2. Reference Block 11: Performance periods will be negotiated on each task order.

3. Reference Block 12: Performance and Payment Bonds will be required on each individual task order that exceeds $150,000.00. The Contractor will also be required to maintain reserve Performance and Payment Bonds for projects with a combined performance magnitude of $1,000,000.00 at all times for the duration of this contract. Reserve bonds shall serve as alternate payment protection for task orders valued between $30,000.00 and $150,000.00.

4. Each task order will be funded separately.

SPECIAL CONTRACT REQUIREMENTS

H-1 BASE ACCESS

Occasionally it is necessary to require either early release of JBA and JBAB personnel, late reporting, or even total base closure when weather conditions make normal travel unsafe. When weather conditions cause one of the above situations, contractor personnel will be denied access to the base unless they have been notified that their contract service has been determined essential. For base closure or late reporting during inclement weather, listen to radio stations, watch television stations, visit the OPM website or download the OPM Alert smart phone application.

H-2 REQUIRED INSURANCE (IAW FAR 28.306(b)) Reference FAR clause 52.228-5 Insurance -- Work on a Government Installation-The Contractor shall, at its own expense, procure and thereafter maintain the following kinds of insurance with respect to performance under the contract.

a. Workmen's Compensation and Employers Liability Insurance as required by law except that if this contract is to be performed in a State which does not require or permit private insurance, then compliance with the statutory or administrative requirements in any such State will be satisfactory. The required Workmen's Compensation insurance shall extend to cover employer's liability for accidental bodily injury or death and for occupational disease with a minimum liability limit of $100,000.

b. General Liability Insurance. Bodily injury liability insurance, in the minimum limits of $500,000 per occurrence shall be required on the comprehensive form of policy.

c. Automobile Liability Insurance. This insurance shall be required on the comprehensive form of policy and shall provide bodily injury liability and property damage liability covering the operation of all automobiles used in connection with the performance of the contract. At least the minimum limits of $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage shall be required.

Before commencing work under this contract, the Contractor shall certify to the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective (1) for such period as the laws of the State in which this contract is to be performed prescribed or (2) until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer.

H-3 Bonds

a. Performance and Payment Bonds. The contractor will be required to furnish a Performance Bond (Standard Form 25) and a Payment Bond (Standard Form 25-A), each with good and sufficient surety or sureties, acceptable to the Government for each task order exceeding $150,000.00 within 14 calendar days after task order award.

b. Reserve Bonding Requirements. The contractor will be required to maintain reserve bonds for projects in the magnitude of $1,000,000.00 at all times for the duration of the contract. The purpose of this bonding is to expedite urgent projects in lieu of waiting for individual bonding to be acquired. It shall serve as alternate payment protection for task orders valued between $30,000.00 and $150,000.00. This reserve bonding must be provided within thirty (30) days after contract award. The contractor may, at their discretion, provide an irrevocable letter of credit (ILC) for task orders valued between $30,000.00 and $150,000.00, but shall maintain bonds in the magnitude of $1,000,000.00 for urgent projects.

Note 1: A Notice to proceed will not be issued and no work shall begin until good and sufficient surety has been received and accepted by the Contracting Officer.

NOTE 2: INDIVIDUAL SURETY CLAUSE: In order for the Contracting Officer to determine the acceptability of individuals proposed as sureties, all offerors providing bonds which are executed by individual sureties using real property as security interest are required to submit the following information in support of Standard Form 28, "Affidavit of Individual Surety"

a. A complete description of property offered, supported by title or deed, and appraisal or tax assessment.

b. A current list of all other bonds on which the individual is a surety and bonds for which the individual is requesting to be a surety.

c. Independent certification of net value of property offered.

d. Independent certification of liens or other encumbrances which exist against all property listed.

e. CPA - certified balance sheet(s) and income statement(s) with a signed opinion for each individual surety.

f. Reference 52.228-11 -- Pledges of Assets, for additional information regarding individual sureties.

H-4 RECEIPT OF PROPOSALS

Task Order Proposals will not be considered "received" until delivered to e-mail address of the Contract Specialist and Contracting Officer listed on individual task orders.

H-5 PREPARATION OF PROGRESS SCHEDULES AND REPORTS

The reports contemplated by the clause 52.236-15 -- Schedules for Construction Contracts, shall be accomplished on and in accordance with instructions pertaining to AF Form 3064, Contract Progress Schedule, and AF Form 3065, Contract Progress Report. The AF Form 3064 shall be provided to the Contracting Officer not later than 15 calendar days after issuance of the Notice to Proceed. (Mandatory when performance is 60 or more days)

H-6 MATERIAL APPROVAL SUBMITTAL FORM (AF FORM 3000)

All material and articles requiring approval, as contemplated by 52.236-5 -- Materials and Workmanship Clause, shall be submitted by the contractor using AF Form 3000. In addition, the contractor is reminded that the certification on the AF Form 3000 must be signed by an individual within the company who has authority to make the certification.

H-7 UTILITY SERVICES

The Contracting Officer has determined that Government-operated utilities are adequate and will be furnished to the contractor without charge where existing outlets are available. The contractor is responsible for installing temporary service outlets, as necessary, and charges will be made in accordance with the clause 52.236-14 -- Availability and Use of Utility Services.

Damage to Utilities

a. In the event of a contractor caused utility failure/disruption, the contractor will first make the area safe, then immediately contact the Base Civil Engineer Customer Service and Contracting Officer.

b. Repairs to contractor damaged utilities will be performed in a timely manner and at no additional cost to the Government.

H-11 AS-BUILT DRAWINGS

The contractor shall maintain one set of drawings at the work site and record all changes and any hidden or subsurface data discovered during construction. The contractor shall provide a marked by blue line copy with all changes, which transpired during the contract.

Section I - Contract Clauses

FAR Clauses Incorporated by Reference

Number Title Effective Date 52.202-1 Definitions. 2013-11 52.203-3 Gratuities. 1984-04 52.203-6 Restrictions on Subcontractor Sales to the Government. 2006-09 52.203-7 Anti-Kickback Procedures. 2014-05 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

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions.

2007-09

52.203-12 Limitation on Payments to Influence Certain Federal Transactions. 2010-10

52.203-15 Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009.

2010-06

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

2014-04

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation.

2017-01

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements. 2017-01 52.204-2 Alternate II Security Requirements. - (Alternate II) 1996-08 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. 2011-05 52.204-7 System for Award Management. 2018-10 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. 2018-10 52.204-13 System for Award Management Maintenance. 2018-10 52.204-15 Service Contract Reporting Requirements for Indefinite-Delivery Contracts. 2016-10 52.204-16 Commercial and Government Entity Code Reporting. 2016-07

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

2018-07

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. 2015-11 52.211-13 Time Extensions. 2000-09 52.215-2 Audit and Records-Negotiation. 2010-10 52.215-8 Order of Precedence-Uniform Contract Format. 1997-10 52.215-10 Price Reduction for Defective Certified Cost or Pricing Data. 2011-08 52.215-11 Price Reduction for Defective Certified Cost or Pricing Data-Modifications. 2011-08 52.215-12 Subcontractor Certified Cost or Pricing Data. 2010-10 52.215-15 Pension Adjustments and Asset Reversions. 2010-10 52.215-17 Waiver of Facilities Capital Cost of Money. 1997-10

52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits (PRB) Other Than Pensions.

2005-07

52.215-19 Notification of Ownership Changes. 1997-10

52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data-Modifications.

2010-10

52.219-6 Deviation 2019-O0003 Notice of Total Small Business Set-Aside (DEVIATION 2019-O0003) 2011-11 52.219-8 Utilization of Small Business Concerns. 2018-10 52.219-14 Deviation 2019-O0003 Limitations on Subcontracting (DEVIATION 2019-O0003) 2017-01 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 52.222-27 Affirmative Action Compliance Requirements for Construction. 2015-04

52.222-30 Construction Wage Rate Requirements-Price Adjustment (None or Separately Specified Method).

2018-08

52.222-32 Construction Wage Rate Requirements-Price Adjustment (Actual Method). 2018-08 52.222-37 Employment Reports on Veterans. 2016-02 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

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

2013-09

52.223-5 Pollution Prevention and Right-to-Know Information. 2011-05 52.223-6 Drug-Free Workplace. 2001-05

52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners.

2016-06

52.223-15 Energy Efficiency in Energy-Consuming Products. 2007-12

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. 2011-08 52.223-19 Compliance with Environmental Management Systems. 2011-05 52.223-20 Aerosols. 2016-06 52.223-21 Foams. 2016-06 52.225-13 Restrictions on Certain Foreign Purchases. 2008-06 52.227-1 Authorization and Consent. 2007-12 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement. 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. 2018-08 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. 2010-10 52.229-3 Federal, State, and Local Taxes. 2013-02 52.232-17 Interest. 2014-05 52.232-18 Availability of Funds. 1984-04 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 52.236-13 Alternate I Accident Prevention. - (Alternate I) 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 52.236-26 Preconstruction Conference. 1995-02 52.242-13 Bankruptcy. 1995-07 52.242-14 Suspension of Work. 1984-04 52.243-4 Changes. 2007-06 52.243-5 Changes and Changed Conditions. 1984-04 52.244-6 Subcontracts for Commercial Items. 2019-08 52.245-1 Government Property. 2017-01 52.245-9 Use and Charges. 2012-04 52.246-21 Warranty of Construction. 1994-03 52.246-21 Alternate I Warranty of Construction. - (Alternate I) 1994-03 52.246-23 Limitation of Liability. 1997-02 52.249-2 Termination for Convenience of the Government (Fixed-Price). 2012-04

52.249-3 Termination for Convenience of the Government (Dismantling, Demolition, or Removal of Improvements).

2012-04

52.249-10 Default (Fixed-Price Construction). 1984-04 52.249-10 Alternate I Default (Fixed-Price Construction). - (Alternate I) 1984-04 52.250-1 Indemnification Under Public Law85-804. 1984-04 52.251-1 Government Supply Sources. 2012-04 52.253-1 Computer Generated Forms. 1991-01

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.203-7000 Requirements Relating to Compensation of Former DoD Officials 2011-09

252.203-7001 Prohibition on Persons Convicted of Fraud or Other Defense-Contract-Related Felonies.

2008-12

252.203-7002 Requirement to Inform Employees of Whistleblower Rights. 2013-09

252.203-7003 Agency Office of the Inspector General. As prescribed in 203.1004(a), use the following clause:

2019-08

252.204-7003 Control of Government Personnel Work Product. 1992-04 252.204-7004 Antiterrorism Awareness Training for Contractors. 2019-02 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls. 2016-10 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. 2016-10 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. 2016-05 252.205-7000 Provision of Information to Cooperative Agreement Holders 1991-12

252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism.

2019-05

252.211-7007 Reporting of Government-Furnished Property. 2012-08 252.219-7010 Deviation 2019- O0003

Notification of Competition Limited to Eligible 8(a) Concerns-Partnership Agreement (DEVIATION 2019-O0003)

2019-10

252.219-7011 Notification to Delay Performance. 1998-06 252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements. 2010-12 252.223-7004 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. 2017-12 252.225-7002 Qualifying Country Sources as Subcontractors. 2017-12 252.225-7012 Preference for Certain Domestic Commodities. 2017-12 252.225-7016 Restriction on Acquisition of Ball and Roller Bearings. 2011-06 252.225-7048 Export-Controlled Items. 2013-06

252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns.

2019-04

252.227-7033 Rights in Shop Drawings. 1966-04 252.232-7004 DoD Progress Payment Rates. 2014-10 252.232-7010 Levies on Contract Payments. 2006-12 252.236-7005 Airfield Safety Precautions. 1991-12 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. 2013-06 252.242-7005 Contractor Business Systems. 2012-02 252.242-7006 Accounting System Administration. 2012-02 252.243-7001 Pricing of Contract Modifications. 1991-12 252.243-7002 Requests for Equitable Adjustment. 2012-12 252.244-7000 Subcontracts for Commercial Items 2013-06 252.245-7002 Reporting Loss of Government Property. 2017-12 252.245-7003 Contractor Property Management System Administration. 2012-04 252.246-7004 Safety of Facilities, Infrastructure, and Equipment for Military Operations. 2010-10

AFFARS Clauses Incorporated by Reference

Number Title Effective Date 5352.223-9001 Health and Safety on Government Installations 11/1/2012

FAR Clauses Incorporated by Full Text

52.204-21 Basic Safeguarding of Covered Contractor Information Systems. 2016-06

As prescribed in 4.1903 , insert the following clause:

Basic Safeguarding of Covered Contractor Information Systems (Jun 2016)

(a) Definitions. As used in this clause-

"Covered contractor information system" means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

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

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

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

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

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems.

Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(2) Other requirements.This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

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

(End of clause)

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

2019-08

As prescribed in 4.2105(b), insert the following clause:

Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2019)

(a) Definitions. As used in this clause- "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).

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

(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.

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