Solicitation Amendment FA480324R00400003 SF 30.pdf

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Shaw AFB Multi Building Demolition and Abatement - Solicitation
Solicitation number
FA480324R0040
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About this file

This document is a Solicitation Amendment for Solicitation Number FA480324R0040 issued by the 20th Civil Engineering Squadron of the Department of the Air Force Air Combat Command.

The amendment removes DFARS clause 252.204-7021 Cybersecurity Maturity Model Certification Requirements (JAN 2023) from the solicitation. The solicitation is for the demolition and abatement of multiple buildings on Shaw Air Force Base, including the Base Theatre, Aerospace Physiology, Maintenance Hangar, Palmetto Heights Gate House, Locomotive Barn, and Picnic Shelter. The contractor shall provide all necessary personnel, equipment, supplies, and services for this work. The solicitation has an original offer due date of August 7, 2024, and this amendment has not extended that date.

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R

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

Contract Clauses

Miscellaneous text in this section has been modified to:

52.204-25 Prohibition on for Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021) Contracting

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

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network ( , e.g.

connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired ( , fiber optic, coaxial cable, e.g.

Ethernet).

Covered foreign country means The People's Republic of China.

Covered telecommunications equipment or services means-

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a . covered foreign country

Critical technology means-

(1) Defense articles or defense services included on the Munitions List set forth in the International Traffic in Arms Regulations under United States 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 , materials, software, and technology covered by part 810 of title 10, components Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered ( , connection of a customer of telephone provider A to a customer of telephone company B) or e.g.

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 used by the entity that excludes the need to include an internal or third-party audit.covered telecommunications equipment or services

Roaming means cellular communications services ( , voice, video, data) received from a visited network when unable to connect to the facilities of e.g.

the home network either because signal coverage is too weak or because traffic is too high.

FA480324R00400003

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

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an National Defense on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, executive agency system, or service that uses as a of any system, or as covered telecommunications equipment or services substantial or essential component critical as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that usestechnology covered as a of any system, or as as part of any system, telecommunications equipment or services substantial or essential component critical technology 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 Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an National Defense on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any executive agency equipment, system, or service that uses as a of any system, or as covered telecommunications equipment or services substantial or essential component as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or critical technology services are covered by a waiver described in FAR . This prohibition applies to the use of , 4.2104 covered telecommunications equipment or services regardless of whether that use is in performance of work under a Federal contract.

(c) Exceptions. This clause does not prohibit contractors from providing--

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(d) Reporting requirement.

(1) In the event the Contractor identifies used as a of any covered telecommunications equipment or services substantial or essential component system, or as as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier critical technology or by any other source, the Contractor report the information in paragraph (d)(2) of this clause to the , unless elsewhere in shall Contracting Officer this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor report to the shall website at . For indefinite delivery contracts, the Contractor report to the for the indefinite delivery https://dibnet.dod.mil shall Contracting Officer contract and the (s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery Contracting Officer contract and any affected orders in the report provided at . https://dibnet.dod.mil

(2) The Contractor report the following information pursuant to paragraph (d)(1) of this clause shall

(i) Within one business from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; day supplier (if known); supplier (if known); brand; model number (original unique entity identifier Commercial and Government Entity (CAGE) code equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor describe the efforts it undertook to prevent use or submission of shall covered

, and any additional efforts that will be incorporated to prevent future use or submission oftelecommunications equipment or services covered .telecommunications equipment or services

(e) Subcontracts. The Contractor insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all shall subcontracts and other contractual instruments, including subcontracts for the of or . acquisition commercial products commercial services

(End of clause)

52.246-4 Inspection of Services-Fixed-Price (Aug 1996)

(a) Definition."Services," as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

(b) The Contractor provide and maintain an system acceptable to the Government covering the services under this contract. Complete shall inspection records of all work performed by the Contractor be maintained and made available to the Government during contract performance inspection shall and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government perform and tests in a manner that will not unduly delay the work. shall inspections

(d) If the Government performs or tests on the premises of the Contractor or a subcontractor, the Contractor furnish, and inspections shall shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

FA480324R00400003

https://www.acquisition.gov/far/4.2104#FAR_4_2104 https://www.acquisition.gov/far/4.2104#FAR_4_2104 https://dibnet.dod.mil/ https://dibnet.dod.mil/

(e) If any of the services do not conform with contract requirements, the Government require the Contractor to perform the services again in may conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government - may

(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

(2) Reduce the contract price to reflect the reduced value of the services performed.

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government - may

(1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or

(2) Terminate the contract for default.

(End of clause)

252.204-7009 LIMITATIONS ON THE USE OR DISCLOSURE OF THIRD-PARTY CONTRACTOR REPORTED CYBER INCIDENT

INFORMATION (JAN 2023)

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

"Compromise" means disclosure of information to unauthorized persons, or a violation of the security policy of a system, in which unauthorized intentional or unintentional disclosure, modification, destruction, or loss of an object, or the copying of information to unauthorized media may have occurred.

"Controlled technical information" means technical information with military or space application that is subject to controls on the access, use, reproduction, modification, performance, display, release, disclosure, or dissemination. Controlled technical information would meet the criteria, if disseminated, for distribution statements B through F using the criteria set forth in DoD Instruction 5230.24, Distribution Statements on Technical Documents. The term does not include information that is lawfully publicly available without restrictions.

"Covered defense information" means unclassified controlled technical information or other information (as described in the Controlled Unclassified Information (CUI) Registry at http://www.archives.gov/cui/registry/category-list.html) that requires safeguarding or dissemination controls pursuant to and consistent with law, regulations, and Governmentwide policies, and is--

(1) Marked or otherwise identified in the contract, task order, or delivery order and provided to the contractor by or on behalf of DoD in support of the performance of the contract; or

(2) Collected, developed, received, transmitted, used, or stored by or on behalf of the contractor in support of the performance of the contract.

"Cyber incident" means actions taken through the use of computer networks that result in a compromise or an actual or potentially adverse effect on an information system and/or the information residing therein.

"Information system" means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information.

"Media" means physical devices or writing surfaces including, but is not limited to, magnetic tapes, optical disks, magnetic disks, large-scale integration memory chips, and printouts onto which covered defense information is recorded, stored, or printed within a covered contractor information system.

"Technical information" means technical data or computer software, as those terms are defined in the clause at DFARS , Rights in 252.227-7013 Technical Data-Other Than Commercial Products and Commercial Services, regardless of whether or not the clause is incorporated in this solicitation or contract. Examples of technical information include research and engineering data, engineering drawings, and associated lists, specifications, standards, process sheets, manuals, technical reports, technical orders, catalog-item identifications, data sets, studies and analyses and related information, and computer software executable code and source code.

(b) The Contractor agrees that the following conditions apply to any information it receives or creates in the performance of this contract Restrictions.

that is information obtained from a third-party's reporting of a cyber incident pursuant to DFARS clause , Safeguarding Covered 252.204-7012 Defense Information and Cyber Incident Reporting (or derived from such information obtained under that clause):

(1) The Contractor shall access and use the information only for the purpose of furnishing advice or technical assistance directly to the Government in support of the Government's activities related to clause , and shall not be used for any other purpose. 252.204-7012

(2) The Contractor shall protect the information against unauthorized release or disclosure.

(3) The Contractor shall ensure that its employees are subject to use and non-disclosure obligations consistent with this clause prior to the employees being provided access to or use of the information.

FA480324R00400003

https://www.acquisition.gov/dfars/252.227-7013-rights-technical-data%E2%80%94other-commercial-products-and-commercial-services.#DFARS_252.227-7013 https://www.acquisition.gov/dfars/252.204-7012-safeguarding-covered-defense-information-and-cyber-incident-reporting.#DFARS_252.204-7012 https://www.acquisition.gov/dfars/252.204-7012-safeguarding-covered-defense-information-and-cyber-incident-reporting.#DFARS_252.204-7012

(4) The third-party contractor that reported the cyber incident is a third-party beneficiary of the non-disclosure agreement between the Government and Contractor, as required by paragraph (b)(3) of this clause.

(5) A breach of these obligations or restrictions may subject the Contractor to--

(i) Criminal, civil, administrative, and contractual actions in law and equity for penalties, damages, and other appropriate remedies by the United States; and

(ii) Civil actions for damages and other appropriate remedies by the third party that reported the cyber incident, as a third party beneficiary of this clause.

(c) . The Contractor shall include this clause, including this paragraph (c), in subcontracts, or similar contractual instruments, for services Subcontracts that include support for the Government's activities related to safeguarding covered defense information and cyber incident reporting, including subcontracts for commercial items, without alteration, except to identify the parties.

(End of clause)

FA480324R00400003

IDCode: J
Page: 1
Pages: 5
AmendNo: 0003
EffDate: 26 Aug 2024
ReqNo:
ProjNo:
IssCode: FA4803
AdmCode:
IssuedBy: FA4803 20 CONS LGCA

321 CULLEN ST BLDG 216, CP 803 895 5403

SHAW AFB, SC 29152-5125

UNITED STATES

Jeesenia Nauta Criollo, Email: jeesenia.nauta_criollo@us.af.mil Telephone: 965-5623 AdminBy:

SCD: PAS:

ContractorNameAdd:
Code:
FacCode:
SolChg: 1
SolNo: FA480324R0040
SolDate: 07 Aug 2024
AwardChg: Off
AwardNo:
AwardDate:
Amended: 1
OffrExt: Off
OffrNoEx: 1
NoCopies: 1
ApprData: See Section G - Contract Administration Data
ChgeOrd: Off
ChgeOrder:
Modify: Off
SuppAgre: Off
SuppAuth:
ModOthr: Off
OthrSpec:
NoReq: Off
Require: Off
Copies:
Descript: The purpose of this amendment is to remove DFARS clause 252.204-7021 Cybersecurity Maturity Model Certification Requirements (JAN 2023).
ContNameTitle:
CoNameTitle: Cesar Tapia-Caballero, CO, USAF
ContDate:
CODate: 04 Sep 2024

File details come from the government source that posted it. Updated .